The U.S. International Trade Commission (ITC) ruled Thursday on a patent case with potential implications for the agency’s handling of electronic transmissions, though patent lawyers told us an initial notice on the ruling indicates there’s been no change in ITC precedent. The ITC ruled that invisible teeth-straightening system manufacturer ClearCorrect violated five of Invisalign manufacturer Align Technology’s patents under Section 337 of the Tariff Act, but didn’t infringe on two others (http://1.usa.gov/1jLh5Ie). ClearCorrect said it plans to appeal.
A patchwork of state chemical laws is creating a minefield of regulation for manufacturers and importers of consumer products, according to lawyers and industry groups. Maine, Washington, and California have already passed legislation that set new requirements for consumer products containing “chemicals of concern.” Consumer groups say the laws are necessary because of a lack of urgency in D.C. on Toxic Substances Control Act (TSCA) reform. Two federal bills currently in Congress aim to reform TSCA and preempt the state regulations. But consumer groups say the laws don’t go far enough, and oppose overruling the new state requirements.
The U.S. is continuing to ramp up trade enforcement efforts with foreign partners, following the recent World Trade Organization (WTO) determination that Chinese export restraints on two rare earth metals, tungsten and molybdenum, violate WTO agreements, said U.S. Trade Representative Michael Froman at an April 3 hearing before the House Ways and Means Committee. The U.S. will continue to pursue enforcement actions in the future, while increasing application of trade remedy laws, said Froman. The WTO issued the rare earths decision on March 26 (see 14032613).
NEWPORT, R.I. -- A notice announcing the long-discussed "Trusted Trader" pilot is now facing additional legal reviews, which continue to delay a Federal Register notice that was expected to be out last month (see 14031203), said Elena Ryan, CBP director of Centers of Excellence and Expertise (CEEs) Transition Team, The pilot would combine Customs-Trade Partnership Against Terrorism (C-TPAT) with Importer Self-Assessment (ISA). "We were hoping to have that out by now but we did need to go through some additional legal reviews," she said at a Coalition of New England Companies for Trade conference on April 1. "A lot of the things you have been hearing about now for a while are all still largely intact," including a multiphase approach, she said.
The American Association of Exporters and Importers is looking to get involved in two ongoing court cases it says could “greatly impact the trade community.” The trade association will file an amicus brief for consideration by the Court of Appeals for the Federal Circuit as it decides the issue of whether corporate officers can be liable for negligent violations of customs laws (see 14030601). AAEI says it will also file an amicus brief with the Supreme Court as it considers whether to hear a case on CBP’s ability to rely on internal definitions that aren’t subject to notice and comment for customs classification purposes (see 14011415).
The Hi-Res Audio Experience initiative, backed by CEA, audio hardware companies and labels such as Sony Music and Universal Music, hopes in the next few weeks to release the first draft “Hi-Res Audio” definition, Robert Heiblim, vice chairman of the CEA audio division, told Consumer Electronics Daily.
The Commerce Department is again revoking the antidumping duty orders on ball bearings from Japan and the United Kingdom (A-588-804, A-421-801), after domestic ball bearing companies declined to participate in five-year sunset reviews of the orders. Effective for entries on or after Sept. 15, 2011, Commerce will direct CBP to end suspension of liquidation and AD duty cash deposit requirements.
The Court of International Trade on March 21 rejected Dongtai Peak Honey’s challenge to its antidumping duty rate from the 2010-11 administrative review on honey from China (A-570-864). Peak Honey had been assigned the $2.63 per kilogram AD rate for the “China-wide entity” exporters who didn’t demonstrate independence from state control. Commerce had put Peak Honey in the China-wide entity because the company filed its response to an agency questionnaire on the company’s ownership structure after the applicable deadline, and only requested an extension two days after the deadline had passed. Consequently, Commerce had disregarded the questionnaire response as improperly filed. Peak Honey argued to the court that accuracy would be best served by accepting the questionnaire response even though it was late. But CIT said accuracy must be balanced with the burden on the agency of accepting a late response. In this case, Peak Honey’s submission was long and contained lots of new information, and Commerce was justified in rejecting it, said the court.
Supporters of the Generalized System of Preferences (GSP) program, the Miscellaneous Tariff Bill (MTB) and other pieces of trade legislation are continuing to push for renewal of the respective programs despite growing uncertainty for the entire raft of trade bills, said trade analysts and industry officials in recent days. The vocal opposition to the current iteration of Trade Promotion Authority (TPA) among Democratic lawmakers on Capitol Hill and in labor and environmental advocacy circles jeopardizes the once common hope that TPA would provide a vehicle for those pieces of legislation, and proponents are now scrambling to find another option, said observers.
Exporters should remember to fill out the Automated Export System AESDirect conditional data fields (marked in blue) when filing because it is rare that an AES record contains only required data fields (marked in red). In most cases at least one conditional field is required. Most of the conditional fields are located in the Shipment Information and Add Commodity Line sections in AESDirect and AESPcLink, the Census Bureau said in a March 19 blog post. The following are the most common conditional fields in the two sections: