The Supreme Court on June 6 declined to hear a challenge to the constitutionality of the requirement that importers pay duties before filing suit at the Court of International Trade, denying a petition filed by International Custom Products without further explanation (here). The U.S. Court of Appeals for the Federal Circuit ruled in June last year that the duty payment for court challenges of denied customs protest does not violate International Custom Products’ right to due process (see 1506300073). The now-bankrupt importer would have had to pay $28 million to have its case heard at CIT on the classification of white sauce. International Custom Products argued a CBP notice of action improperly revoked a ruling letter without the required notice and opportunity to comment (see 12121239).
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping duty orders on cased pencils from China (A-570-827), paper clips from China (A-570-826) and polytetrafluoroethylene resin from Italy (A-475-703).
The following lawsuits were filed at the Court of International Trade during the week of May 23-29:
International Trade Today is providing readers with some of the top stories for May 23-27 in case they were missed.
PHOENIX – Following the July 23 mandatory use date for most remaining entry types, the Automated Commercial System will no longer be available for entry and entry summary filings even in cases of ACE outages, said Deborah Augustin, executive director of the ACE Business Office at CBP. After all the agencies that use ACS complete the transition to ACE on July 23, CBP will begin to dismantle ACS, she said while speaking at the West Coast Trade Symposium on May 26. "So, ACS then is no longer available as a back up for processing," she said. Field operations and downtime procedures may instead come into effect if there are issues with ACE, she said.
The International Trade Commission voted to begin a Tariff Act Section 337 investigation into alleged patent infringement by DVRs and set-top boxes with interactive program guides and video recording technology for use with Comcast cable systems, the ITC said in a Monday news release. Rovi requested the investigation in a complaint filed April 6, saying Comcast “built its interactive cable business on the back of Rovi’s technology” as a licensee, “refuses to renew [Rovi's] license on acceptable terms” and continues to sell and lease products that copy Rovi’s technology and compete with Rovi products. The ITC will consider whether to issue a limited exclusion order and cease and desist orders banning import and sale of infringing set-tops by Arris, Comcast and Technicolor, the agency said. Arris declined to comment Tuesday, and a Technicolor spokesman had no immediate comment. Comcast disagrees "with Rovi’s accusations and intend[s] to defend the cases vigorously," said a spokeswoman for the cable company.
The International Trade Commission voted to begin a Tariff Act Section 337 investigation into alleged patent infringement by DVRs and set-top boxes with interactive program guides and video recording technology for use with Comcast cable systems, the ITC said in a Monday news release. Rovi requested the investigation in a complaint filed April 6, saying Comcast “built its interactive cable business on the back of Rovi’s technology” as a licensee, “refuses to renew [Rovi's] license on acceptable terms” and continues to sell and lease products that copy Rovi’s technology and compete with Rovi products. The ITC will consider whether to issue a limited exclusion order and cease and desist orders banning import and sale of infringing set-tops by Arris, Comcast and Technicolor, the agency said. Arris declined to comment Tuesday, and a Technicolor spokesman had no immediate comment. Comcast disagrees "with Rovi’s accusations and intend[s] to defend the cases vigorously," said a spokeswoman for the cable company.
The International Trade Commission voted to begin a Tariff Act Section 337 investigation into alleged patent infringement by DVRs and set-top boxes with interactive program guides and video recording technology for use with Comcast cable systems, the ITC said in a Monday news release. Rovi requested the investigation in a complaint filed April 6, saying Comcast “built its interactive cable business on the back of Rovi’s technology” as a licensee, “refuses to renew [Rovi's] license on acceptable terms” and continues to sell and lease products that copy Rovi’s technology and compete with Rovi products. The ITC will consider whether to issue a limited exclusion order and cease and desist orders banning import and sale of infringing set-tops by Arris, Comcast and Technicolor, the agency said. Arris declined to comment Tuesday, and a Technicolor spokesman had no immediate comment. Comcast disagrees "with Rovi’s accusations and intend[s] to defend the cases vigorously," said a spokeswoman for the cable company.
The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of May 16-22:
The FCC set-top box proposal is a threat to consumer cybersecurity, goes far beyond the will of Congress and can't accomplish what the agency says it can, said recent filings from legislators, trade groups and companies in docket 16-42. Monday was the deadline for reply comments, and a rule is expected to be issued this summer, industry officials have told us. Only some replies were available Monday. The decision essentially has been written already, disregarding all the industry objections to the proposal, said downloadable security company Beyond Broadband Technology. “Efforts to explain and navigate through the difficult issues raised by the 'proposed' rules are a waste of time and effort.”