Qualcomm is likely to still face multiple tough legal challenges to the company’s licensing of its patents for baseband processors used in cellphones and other products, even if a new forthcoming Republican majority FTC chooses to reverse course on its antitrust complaint, said industry and public interest lawyers in interviews. The FTC claimed in a complaint filed this month that Qualcomm “engaged in exclusionary conduct that taxes its competitors' baseband processor sales, reduces competitors' ability and incentive to innovate, and raises prices paid by consumers for cell phones and tablets” (see 1701170065). Apple filed a lawsuit last Monday seeking $1 billion in damages on claims Qualcomm overcharged the smartphone manufacturer “billions of dollars” for patent licenses (see 1701230067).
Qualcomm is likely to still face multiple tough legal challenges to the company’s licensing of its patents for baseband processors used in cellphones and other products, even if a new forthcoming Republican majority FTC chooses to reverse course on its antitrust complaint, said industry and public interest lawyers in interviews. The FTC claimed in a complaint filed this month that Qualcomm “engaged in exclusionary conduct that taxes its competitors' baseband processor sales, reduces competitors' ability and incentive to innovate, and raises prices paid by consumers for cell phones and tablets” (see 1701170065). Apple filed a lawsuit last Monday seeking $1 billion in damages on claims Qualcomm overcharged the smartphone manufacturer “billions of dollars” for patent licenses (see 1701230067).
The updates to the Harmonized Tariff Schedule that took effect Jan. 1 (see 1701050035) and changed the HTS codes for multilayered wood flooring don't affect the applicability of antidumping orders on such products from China, the International Wood Products Association said in a Jan. 26 email. Antidumping orders are based on the written language of the scope and any HTS codes provided "aren't directly associated," the IWPA said. Even so, "a number of brokers are apparently running into problems because the ACE system hasn’t been updated to recognize the new entry codes," the trade group said. Asked about the issue, CBP told the IWPA "ACE will accept entry lines filed with HTS numbers that are not yet in the AD/CVD case reference file HTS tab," according to the IWPA. "Filing the entries as such WILL NOT create a reject. An informational message is all that will be sent back to the broker. It will allow entry as a type 03 with the case number added. If no case number is added then it will not allow a type 03 entry."
Despite pressure on Congress to address ISP privacy rules through the Congressional Review Act, new FCC Chairman Ajit Pai is more likely to address the rules procedurally, by acting on a petition for reconsideration, industry officials said. A Capitol Hill source said a procedural fix would have the advantage of being relatively quiet and not provoke the same public backlash as a fight in Congress. Pai spent part of this week, his first in the new job, meeting with outside stakeholders from industry and elsewhere.
Despite pressure on Congress to address ISP privacy rules through the Congressional Review Act, new FCC Chairman Ajit Pai is more likely to address the rules procedurally, by acting on a petition for reconsideration, industry officials said. A Capitol Hill source said a procedural fix would have the advantage of being relatively quiet and not provoke the same public backlash as a fight in Congress. Pai spent part of this week, his first in the new job, meeting with outside stakeholders from industry and elsewhere.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 16-22:
CBP clarified that the Fish and Wildlife Service suspended both its ACE import and export pilots as of Jan. 12 (here). CBP also reiterated that FWS would take a new interim approach to tariff flagging. "Those tariff codes currently flagged as 'FW2' associated with government agency processing code EDS will remain flagged as FW2 and require the FWS 'EDS' Message Set in all cases," CBP said. "All other tariff codes currently flagged as 'FW2' will shift to 'FW1' with the ability to file a newly created disclaimer code 'E' that is specific to FWS or the EDS. FWS is working with CBP to program the inclusion of the FWS Designated Port Exception Permit. The timeline for implementation is dependent upon revision of the FWS Implementation Guide and CBP programming." FWS recently announced it would bring back its the designated port permitting to allow for entries at port without FWS staff present (see 1612140064).
The following lawsuits were filed at the Court of International Trade during the week of Jan. 9-15:
The U.S. on Jan. 12 requested World Trade Organization consultations over alleged Chinese subsidies to certain producers of primary aluminum, the Office of the U.S. Trade Representative said (here). The Obama administration’s action -- its 16th case filed against China at the WTO -- alleged that subsidies have artificially expanded Chinese aluminum capacity, production and market share, and have significantly lowered the global price for primary aluminum, causing “serious prejudice” under WTO rules to U.S. interests, USTR said. China appears to subsidize through “artificially cheap” bank loans and artificially low-priced inputs for aluminum production, such as coal, electricity and alumina, USTR said.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 2-8: