Fujifilm filed a complaint on Sept. 19 with the International Trade Commission, requesting a Section 337 investigation into allegations that imports of Sony magnetic data storage tapes infringe its patents. Fujifilm seeks a limited exclusion order and cease and desist orders banning importation and sale of Sony Linear Tape-Open 4th, 5th and 6th generation products (LTO-4, LTO-5 and LTO-6, respectively), it said. The Section 337 investigation would come on top of another that began in June 2016 on Sony’s LTO-7 products (see 1606280008). Sony has also brought Section 337 cases against Fujifilm’s LTO-4, LTO-5 and LTO-6 tapes (see 1701200035 and 1705260037). The ITC seeks comments by Oct. 3 on public interest issues raised by the complaint.
Locking pliers imported by Irwin Industrial Tool are classifiable in the tariff schedule as pliers, not vises or clamps, the Court of International Trade said in a Sept. 21 decision. Having already ruled in April against CBP’s liquidation of the imported locking pliers as wrenches (see 1704130035), the trade court found that the locking pliers are not classifiable as vises either, because they pivot on a central fulcrum and close by gripping the handles, rather than by turning a screw or lever.
SAN FRANCISCO -- An attorney for AT&T Mobility said the FCC -- not the FTC -- is the telco's main regulator and AT&T would be "happy" to defend against allegations that it throttled its data service without telling customers. Michael Kellogg, representing the telco before 11 judges of the 9th U.S. Circuit Court of Appeals during oral argument Tuesday, said he wasn't arguing against the idea of concurrent enforcement. But in this instance, Congress drew a distinction that the FCC is the primary regulator and the case is "right in its wheelhouse," he continued.
SAN FRANCISCO -- An attorney for AT&T Mobility said the FCC -- not the FTC -- is the telco's main regulator and AT&T would be "happy" to defend against allegations that it throttled its data service without telling customers. Michael Kellogg, representing the telco before 11 judges of the 9th U.S. Circuit Court of Appeals during oral argument Tuesday, said he wasn't arguing against the idea of concurrent enforcement. But in this instance, Congress drew a distinction that the FCC is the primary regulator and the case is "right in its wheelhouse," he continued.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 11-17:
The Court of International Trade on Sept. 15 denied another bid to dismiss a lawsuit brought by a gray market importer challenging Lever-Rule protections recently granted to Duracell Batteries (see 1701270015). This time calling the importer by its real name, Milecrest Corporation, after recently finding the company was not allowed to use the pseudonym XYZ Corporation (see 1709130007), CIT again ruled that Lever-Rule determinations to restrict imports of gray market goods may be considered customs rulings challengeable at the trade court. Duracell, which has intervened in the case on the side of the government and filed the motion to dismiss, did not raise any new issues “that would invalidate the court’s previous opinion regarding jurisdiction” issued in July in response to the government’s earlier motion (see 1707240031), CIT said.
The Court of International Trade on Sept. 15 again ruled that filing for bankruptcy does not stop the government from pursuing Section 1592 penalty cases against importers in court. Mirroring a ruling issued by a different CIT judge in August (see 1708110027), CIT Judge Jennifer Choe-Groves held that Section 1592 has the legitimate public policy purpose of deterring customs fraud and encouraging accurate completion of entry documents. That means it qualifies for the public policy exemption from the automatic stay of claims on debtors during bankruptcy protection, she said. The purpose of the lawsuit is also to fix penalties, rather than collect them, seeing that the court still has a final say in the penalty amount, the court said. In the case, filed in February, the government alleges Greenlight Organic fraudulently imported athletic wearing apparel. Greenlight Organic filed for bankruptcy protection in Nevada in July.
International Trade Today is providing readers with some of the top stories for Sept. 11-15 in case they were missed.
The World Trade Organization recently posted the following notices:
Members of the World Trade Organization Dispute Settlement Body (DSB) during an informal meeting Sept. 15 urged the U.S. to delink the appointment of new Appellate Body members from its concerns over the issuance of rulings by Appellate Body members whose terms had expired, according to a Geneva trade official. The U.S. on Aug. 31 blocked proposals to launch a WTO selection process to fill the two current vacancies on the seven-member appellate panel, raising issue with the fact that Ricardo Ramirez-Hernandez, whose Appellate Body term expired June 30, was still working on ongoing appeals proceedings. The U.S. had said that the DSB should start discussing how to handle the current challenges facing issuances of rulings before launching the selection process for new Appellate Body members (see 1708310008).