NARUC’s Washington advocacy arm will eye all IP transition and broader FCC developments very closely, its new head told us. State regulators will also undoubtedly be watching what happens with any Communications Act update, a process that is largely welcomed, multiple commissioners told us, all stressing the need for a state role. Michigan Public Service Commission member Greg White was named chairman of the Washington Action Program group of commissioners last week and laid out plans for the group, which tracks all Capitol Hill and federal agency happenings in Washington for NARUC.
Barnes, Richardson & Colburn on Jan. 10 settled a legal malpractice suit brought by two domestic orange juice companies that alleged they lost over $1 million because of the law firm’s oversights. Southern Gardens and A. Duda & Sons had filed suit in the Florida Middle U.S. District Court in 2011, alleging Barnes Richardson lawyer Matthew McGrath failed to guide them through filing claims for funds under the Continued Dumping and Subsidy Offset Act. Although no written retainer agreement existed between the firm and the two companies, they said Barnes Richardson’s representation in other areas, combined with past help in filing Byrd Certifications, effectively created an unwritten agreement on CDSOA claims. As a result of the confidential settlement, the district court dismissed the case.
Domestic solar panel manufacturer Solar World Industries America on Dec. 31 began a push to strengthen antidumping and countervailing duties on solar cells from China, filing a petition for new AD/CV duties on modules made from third-country solar cells. Solar World says the AD/CV duty orders on crystalline silicon photovoltaic cells, issued in December 2012, leave a “loophole” that’s letting in an increasing amount of Chinese solar modules made from Taiwanese solar cells. The petition seeks to remedy that by imposing AD/CV duties on “crystalline solar photovoltaic products,” which specifically include third-country solar cells, from China and Taiwan.
Despite objections from importer Shah Brothers, the Court of International Trade on Dec. 27 dismissed a challenge to CBP’s tariff classification of the company’s tobacco product after the government conceded defeat. The decision to reliquidate the “gutkha” as chewing tobacco instead of snuff will result in a refund of excess excise taxes paid on the entries to Shah Bros. The importer wanted to continue its lawsuit on the grounds that CBP would continue to classify the Indian smokeless tobacco as snuff unless the court mandated a change to agency procedure. But the court said no controversy remained to litigate, and told Shah Bros. it could file another lawsuit if it found fault with CBP’s treatment of a future entry.
The International Trade Commission issued its annual summary of violations of ITC administrative protective orders for calendar year 2012. The commission said no violations of APOs, which protect confidential business information, occurred during antidumping and countervailing duty proceedings in 2012, and no rules violations occurred either. Two violations of APOs occurred in Section 337 investigations.
Best Key Textiles asked the Court of International Trade on Dec. 23 to reconsider its dismissal of the company’s challenge to CBP’s revocation of a ruling on the company’s metallized yarn. As a challenge under the Administrative Procedure Act to CBP’s alleged misconduct during the revocation proceeding, CIT can hear the case if it chooses, said Best Key. But if not, the interests of justice would best be served by transferring the case to a federal district court so Best Key can get a fair hearing, it said.
The Court of International Trade on Dec. 26 slapped yet more penalties on a Laredo-based customs broker whose violations were already the subject of another civil suit and a criminal case. The court ordered Alejandro Santos to pay $30,000 for misclassifying two shipments of pesticides and failing to file the notice of arrival required by the Environmental Protection Agency. The court had already ordered $19,000 in penalties against Santos in December 2012 for unrelated violations of customs laws. Santos also faces prison time after pleading guilty in May to a criminal customs case in the Southern Texas District Court.
CBP denied a further review of protest submitted by Item House, the importer, challenging a Port of Tacoma, Wash. classification of raincoats that were imported and liquidated in 2010. The company sought a further review of protest because "CBP has not determined whether a garment with the particular combination of features that the subject garment possesses is classified as an anorak or similar garment," said the agency. CBP found the coats were properly classified at liquidation as 6202.13.40 and maintains a 27.7 percent duty rate. The agency noted that while there may be some discrepancy between the relevant Informed Compliance Publication (ICP) and past rulings, the company should defer to the rulings.
Data brokers can be more transparent. It’s the one theme consumer advocates, industry associations, lawmakers, federal agencies and data brokers have agreed on in studies, recommendations, hearings and interviews. The problem is in the details. FTC Commissioner Julie Brill suggests a self-regulatory initiative she calls “Reclaim Your Name.” Consumers should have the right -- and a user-friendly online portal -- to access data collected about them, she has said in speeches, op-eds and interviews.
Data brokers can be more transparent. It’s the one theme consumer advocates, industry associations, lawmakers, federal agencies and data brokers have agreed on in studies, recommendations, hearings and interviews. The problem is in the details. FTC Commissioner Julie Brill suggests a self-regulatory initiative she calls “Reclaim Your Name.” Consumers should have the right -- and a user-friendly online portal -- to access data collected about them, she has said in speeches, op-eds and interviews.