USTelecom proposed a business data service market test at the census tract level that the FCC could use to determine where facilities-based competition instead of regulation could constrain BDS pricing. "The test proposes that the FCC step back from dictating prices for BDS services wherever two competitors exert competitive discipline over pricing," said a USTelecom filing posted Monday in docket 16-143. Parties on all sides are continuing to lobby the FCC as Chairman Tom Wheeler attempts to push through an overhaul this year (see 1609070033).
USTelecom proposed a business data service market test at the census tract level that the FCC could use to determine where facilities-based competition instead of regulation could constrain BDS pricing. "The test proposes that the FCC step back from dictating prices for BDS services wherever two competitors exert competitive discipline over pricing," said a USTelecom filing posted Monday in docket 16-143. Parties on all sides are continuing to lobby the FCC as Chairman Tom Wheeler attempts to push through an overhaul this year (see 1609070033).
CBP is misguided in its proposal to add non-vessel operating common carriers to the definition of importer within the importer security filing (ISF) requirements (see 1607050028), the National Customs Brokers & Forwarders Association of America said in comments to the agency (here). CBP proposed adding importer status to different parties based on whether the shipment involves foreign cargo remaining on board (FROB) or other types of cargo in order to make sure the party with the access to detailed cargo information is responsible for filing an ISF. The NVOCC is "rarely, if ever," the party with best access to the required information, the trade association said.
A World Trade Organization Dispute Settlement Appellate Body upheld much of a previous WTO dispute settlement panel’s finding that the certain aspects of the Commerce Department's final antidumping and countervailing duty determinations on large residential washers from South Korea are inconsistent with the WTO agreements, according to a WTO report (here). The U.S. on April 19 filed a notice of appeal in the WTO dispute with South Korea regarding AD and CV measures on large residential clothes washers from the country, WTO said (see 1604220008), after the WTO in March ruled against several aspects of how the U.S. calculated AD/CV duties on the washers (see 1603150025).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 29 - Sept. 4:
The National Marine Fisheries Service is working on screening and targeting criteria to determine what entries subject to new International Fisheries Trade Permit (IFTP) and ACE filing requirements it will select for manual review, said Christopher Rogers, assistant director of the international fisheries division of the NMFS Office of International Affairs and Seafood Inspection, during a Sept. 1 webinar. Given the large number of entries the agency will have to review once ACE filing becomes mandatory for NMFS data on Sept. 20, the agency will rely on the criteria to decide whether to review entries before or after the shipment is released, he said.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 22-28:
International Trade Today is providing readers with some of the top stories for Aug. 22-26 in case they were missed.
The 9th U.S. Circuit Court of Appeals tossed an FTC lawsuit against AT&T Mobility, saying the agency had no jurisdiction over the telco in a data throttling case -- a decision that observers said could have more ramifications for the FTC's authority. The three-judge panel Monday unanimously granted AT&T's motion to dismiss, reversing a decision by Judge Edward Chen with the U.S. District Court for the Northern District of California. The unanimous decision said Section 5 of the FTC Act doesn't let the agency take enforcement actions against common carriers. Last year's FCC net neutrality order deemed broadband to be an information service, activating the FTC common-carrier exemption.
The Food and Drug Administration is amending its regulations on foreign and domestic drug establishment registration and listing for human drugs, including drugs that are regulated under a biologics license application, and animal drugs. The agency’s final rule (here) sets requirements for all facility registrations to be submitted electronically to FDA, with foreign facilities listing all importers of their covered drugs. Facilities must review and update their registrations annually. FDA’s final rule also makes changes to the National Drug Code (NDC) system.