Lawyers for the U.S. government recently conceded an apparent victory to an importer in a Court of International Trade case on the extent to which the government can reliquidate entries that have deemed liquidated. In a Dec. 21 filing that marked a reversal from its previous position, the government moved for liquidation “as entered” for an entry by Consolidated Fibers that it had previously reliquidated at a higher rate, even though the entry had deemed liquidated nearly three years earlier.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 14-20:
International Trade Today is providing readers with some of the top stories for Dec. 7 - Dec. 11 in case they were missed.
Whirlpool Corp. filed a petition on Dec. 16 with the Commerce Department and International Trade Commission asking new antidumping duties on large residential washers from China (A-570-033). The appliance manufacturer alleges that, following the imposition of antidumping and countervailing duty orders on large residential washers from South Korea and Mexico, South Korean producers moved production to China and resumed dumping. "This is, in effect, a circumvention case," said the petition.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 7-13:
Level 3, Sprint and Verizon are pressing the FCC to act on a longstanding intercarrier compensation fight between LECs and interexchange carriers (IXCs) over “intraMTA” (major trading area) wireline-wireless traffic. Representatives of the three met with various FCC officials Tuesday to press their case, especially in light of a November decision by Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas, Dallas Division, siding with LECs (see 1511200070).
The U.S. Court of Appeals for the Federal Circuit granted an International Trade Commission motion for a 30-day extension for filing petitions for rehearing or rehearing en banc (see 1512090014) in the ITC case against corrective orthodontic device manufacturer ClearCorrect. The Federal Circuit approved ITC's motion Thursday, effectively moving the filing deadline for rehearing petitions from Dec. 28 to Jan. 27. ITC's motion said ClearCorrect and intervenor Align Technology didn't oppose the extension request.
The U.S. Court of Appeals for the Federal Circuit granted an International Trade Commission motion for a 30-day extension for filing petitions for rehearing or rehearing en banc (see 1512090014) in the ITC case against corrective orthodontic device manufacturer ClearCorrect. The Federal Circuit approved ITC's motion Thursday, effectively moving the filing deadline for rehearing petitions from Dec. 28 to Jan. 27. ITC's motion said ClearCorrect and intervenor Align Technology didn't oppose the extension request.
The International Trade Commission asked the U.S. Court of Appeals for the Federal Circuit to grant a 30-day extension for the filing of petitions for rehearing or rehearing en banc its case against corrective orthodontic device manufacturer ClearCorrect. The agency submitted a motion for a deadline extension Tuesday, citing its counsel's conflicts of time and preparation for other arguments as reasons for the request. The case concerns the appeal by ClearCorrect of an ITC ruling that its U.S. facilities could no longer receive transmissions of digital molds of patients' teeth -- allegedly infringing on patents from industry competitor Align Technology -- from the company's affiliate in Pakistan. Last month, the Federal Circuit entered a 2-1 decision in favor of ClearCorrect (see 1511100047), overturning ITC's previous ruling that it has the jurisdiction to block international transmissions of digital information. The agency is "in the process of considering whether to seek rehearing in this appeal" and "good cause exists for the requested extension," said ITC Counsel Sidney Rosenzweig in the motion. Rosenzweig also cited a "nonrefundable vacation" in mid-December and the planned absences of his supervisor and others at the commission during the holiday season as reasons the ITC seeks a new filing deadline. ClearCorrect and intervenor Align Technology indicated they don't oppose the motion for a deadline extension, said Rosenzweig. ClearCorrect General Counsel Michael Myers told us last month he "wouldn't be surprised" if the case is heard en banc. The current deadline for filing a rehearing petition is Dec. 28 but would be moved to Jan. 27 if ITC's motion for extension is granted.
The International Trade Commission asked the U.S. Court of Appeals for the Federal Circuit to grant a 30-day extension for the filing of petitions for rehearing or rehearing en banc its case against corrective orthodontic device manufacturer ClearCorrect. The agency submitted a motion for a deadline extension Tuesday, citing its counsel's conflicts of time and preparation for other arguments as reasons for the request. The case concerns the appeal by ClearCorrect of an ITC ruling that its U.S. facilities could no longer receive transmissions of digital molds of patients' teeth -- allegedly infringing on patents from industry competitor Align Technology -- from the company's affiliate in Pakistan. Last month, the Federal Circuit entered a 2-1 decision in favor of ClearCorrect (see 1511100047), overturning ITC's previous ruling that it has the jurisdiction to block international transmissions of digital information. The agency is "in the process of considering whether to seek rehearing in this appeal" and "good cause exists for the requested extension," said ITC Counsel Sidney Rosenzweig in the motion. Rosenzweig also cited a "nonrefundable vacation" in mid-December and the planned absences of his supervisor and others at the commission during the holiday season as reasons the ITC seeks a new filing deadline. ClearCorrect and intervenor Align Technology indicated they don't oppose the motion for a deadline extension, said Rosenzweig. ClearCorrect General Counsel Michael Myers told us last month he "wouldn't be surprised" if the case is heard en banc. The current deadline for filing a rehearing petition is Dec. 28 but would be moved to Jan. 27 if ITC's motion for extension is granted.