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.
As the Oct. 12 start date for potential litigation between U.S. and Canadian entities over the bilateral softwood lumber trade lingers in the absence of a new Softwood Lumber Agreement (SLA), Oregon mills and workers have expressed concern to Sen. Ron Wyden, D-Ore., about harms brought on by “a flood of subsidized Canadian lumber” being shipped into the U.S., Wyden’s office said (here). “Beginning on October 12, U.S. workers and producers will have the option of bringing new trade cases under U.S. law to address the harmful effects of subsidized Canadian lumber on American producers, workers and communities in Oregon and across the nation,” Wyden said in a statement. “Should new cases be filed, I will continue to fight to ensure that America’s trade laws are fully enforced. That includes strengthened provisions that were included in trade enforcement laws I successfully fought to pass this year.”
The Food and Drug Administration should keep as optional in ACE several data elements that can be difficult for import filers to obtain, the National Customs Brokers & Forwarders Association of America said in comments to the agency dated Aug. 22 (here). Though importers know submission of certain data elements, like active pharmaceutical ingredient (API) and intended use, can speed FDA processing of their entries, some filers, particularly in land and air environments, don’t have the information at the time their entries are filed, the NCBFAA said. The trade group’s comments, which also include calls to revise definitions and the way value data is submitted, come in response to FDA’s July 1 proposed rule to codify its ACE requirements (see 1606300020).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 15-21:
The FCC exceeds all but one other federal commission in after-hours document issuances, Communications Daily found, a practice that has the effect of delaying reaction by affected parties and that raises transparency concerns. Almost every other business day last quarter, the FCC on average posted something online about an hour after regular hours end at 5:30 p.m. Eastern. Only the Federal Energy Regulatory Commission (FERC) exceeded during Q2 the 27 items the FCC released after business hours, and most other agencies issued no evening items, we found through Freedom of Information Act and other requests to independent federal commissions with a national purview. Over half of late FCC items were from Chairman Tom Wheeler's office. The FCC released another 32 items between 5 p.m. and 5:29 p.m., also after most agencies stop issuing documents.
Several trade groups offered support and small tweaks in comments on a proposed rulemaking from the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) meant to support the International Trade Data System (ITDS) (see 1606200029). Commenters on the proposed changes, which would revise electronic Certificates of Label Approval (COLA) filing and other regulations, didn't lodge any major concerns within the submissions (here). "With a few 'builds,' we believe that the components set forth in this proposal will streamline the import process and facilitate electronic filings," the Distilled Spirits Council (DSC) said in its comments (here).
International Trade Today is providing readers with some of the top stories for Aug. 15-19 in case they were missed.
The following new requests for antidumping and countervailing duty scope rulings were filed with the Commerce Department since International Trade Today's last update:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 8-14:
International Trade Today is providing readers with some of the top stories for Aug. 8-12 in case they were missed.