If the 9th U.S. Circuit Court of Appeals denies the FTC's request for an en banc rehearing in its consumer protection fight with AT&T Mobility, Congress may act to provide the commission with the necessary authority, experts said in interviews last week. That's gotten more complicated with the election of Donald Trump, whose views about privacy, consumer protection and telecom aren't really known (see 1611090016). Some have predicted Trump-appointed commissioners would roll back FCC ISP privacy rules (see 1611090034).
The following lawsuits were filed at the Court of International Trade during the week of Oct. 31 - Nov. 6:
International Trade Today is providing readers with some of the top stories for Oct. 31 - Nov. 4 in case they were missed.
The FTC has a good shot at getting an en banc rehearing by the 9th U.S. Circuit Court of Appeals, said several experts. A three-judge panel in August threw out the commission's case against AT&T Mobility for inadequately informing customers of its data-throttling program (see 161014003 and 1608290032). Experts, some of whom filed amicus briefs backing the FTC, said the 9th Circuit has a track record of providing such rehearings, though they said it's murkier how the full court would decide.
The FTC has a good shot at getting an en banc rehearing by the 9th U.S. Circuit Court of Appeals, said several experts. A three-judge panel in August threw out the commission's case against AT&T Mobility for inadequately informing customers of its data-throttling program (see 161014003 and 1608290032). Experts, some of whom filed amicus briefs backing the FTC, said the 9th Circuit has a track record of providing such rehearings, though they said it's murkier how the full court would decide.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 24-30:
The Environmental Protection Agency is set to issue a final rule overhauling its regulations on international shipments of hazardous waste, it said (here).The final rule, which will be published “in the coming weeks,” will apply the same set of regulations, including notice and consent procedures, to all import and export shipments, whether from members of the Organization for Economic Cooperation and Development (OECD), Canada or Mexico, or non-OECD members, according to a pre-publication copy (here). Other changes include electronic submission of all required documents, and provide for electronic validation of consent in the Automated Export System.
CBP appears to have backed away from a recently adopted policy of rejecting protests filed to claim benefits under the Generalized System of Preferences and several other trade programs, following a Court of International Trade decision issued in August that found GSP claims are protestable (see 1608050038). The importer behind the successful challenge, Zojirushi, had its protest granted and received its refund, said its lawyer, John Peterson of Neville Peterson. “There will be no appeal,” he said. “The Department of Justice appeared satisfied with the result, as well, and assisted us in getting the refunds.” CBP and DOJ did not immediately comment.
The Office of the U.S. Trade Representative is accepting comments through Dec. 15 on issues related to its request for a World Trade Organization dispute settlement panel to review a case filed jointly with the EU alleging China unfairly leveled export restraints on antimony, chromium, cobalt, copper, graphite, indium, lead, magnesia, talc, tantalum and tin, USTR said (here).
The following lawsuits were filed at the Court of International Trade during the week of Oct. 17-23: