R.T. Foods appealed a Harmonized Tariff Schedule classification case that resulted in its tempura battered vegetables being classified as vegetable preparations, dutiable at 11.2 percent, instead of as duty-free food preparations. The Court of International Trade said "vegetable preparations" specifically describes the product, which means it can’t fall into the “other” food preparations category. CIT’s ruling only applied to three of the 24 entries R.T. Foods had challenged, because the company waited too long to file its court challenge of 10 entries for which protests were denied, and lacked standing to challenge another 11 entries on constitutional grounds.
The World Trade Organization (WTO) posted the following notices from Jan. 29-30 (may have to click twice on source documents for proper viewing):
The International Trade Administration initiated administrative reviews for certain firms subject to antidumping and countervailing duty orders with December anniversary dates. The ITA intends to issue the final results of these reviews no later than Dec. 31, 2013.
The U.S. International Trade Commission (ITC) said Friday it voted to investigate Samsung’s claim that Ericsson violated its patents in “pieces of wireless communications equipment, including base stations” (http://xrl.us/boc4ac). Samsung originally filed its complaint in late December, alleging that Ericsson had been unwilling to continue to negotiate patent licensing agreements. Samsung is seeking a U.S. sales ban and a cease-and-desist order against infringing products it claims Ericsson imported into the U.S. in violation of the Tariff Act of 1930 (CD Dec 27/12 p11). Ericsson had filed its own patent infringement lawsuits against Samsung in November, as well as a complaint with the ITC over Samsung’s infringement in “various smartphones, along with base stations, 802.11-compliant televisions and Blu-Ray players, and tablet computers” (http://xrl.us/bn9eoq). The commission said it’s investigating that complaint separately -- it can’t lump the Samsung and Ericsson complaints into the same investigation -- and has set an April 8, 2014, deadline to make a final ruling on that case. The ITC said Friday it will set a target date for concluding its investigation of Samsung’s claims against Ericsson -- the investigation is numbered 337-TA-866 -- within 45 days.
The Consumer Electronics Association laid out a set of principles it said would help the FCC hold a successful incentive auction of broadcast TV spectrum. Google and Microsoft stressed the importance of maintaining a healthy chunk of the spectrum for unlicensed use. AT&T and Verizon countered small carrier arguments over who should be allowed to participate in the auction.
CEA laid out a set of principles it said would help the FCC hold a successful incentive auction of broadcast TV spectrum. Google and Microsoft stressed the importance of maintaining a healthy chunk of the spectrum for unlicensed use. AT&T and Verizon countered small carrier arguments over who should be allowed to participate in the auction.
The International Trade Commission will investigate whether wireless base stations imported by Ericsson are violating Section 337 through infringing on Samsung’s patents, it said. Samsung requested an exclusion order and a cease and desist order against importation and sale of the base stations in its Dec. 26 complaint, the ITC said.
The International Trade Commission is beginning a Section 337 investigation of cases for portable electronic devices, based on a Dec. 26 complaint by Speculative Product Design (aka Speck). Speck’s complaint alleges imports of cases that violate one of its patents. The ITC named the following as respondents:
The NAB cautioned Friday that figuring out the repacking process and international coordination issues raised by an incentive auction of broadcast TV spectrum will be a huge undertaking and an auction is unlikely to start by the FCC’s 2014 target date. NAB officials called a news conference to discuss the group’s filing. Meanwhile other comments, all due Friday, were in and posted by the FCC. Officials on the eighth floor of the FCC told us last week they are anxiously awaiting the industry comments. Agency officials said they have had relatively few meetings to discuss industry concerns and most of the presentations have been relatively shallow.
CBP posted a slightly updated “Guidance for Certificates of Reimbursement” for antidumping (AD) duties that gives information on protests, the option for paperless filing using the Automated Commercial Environment (ACE), and provides additional information regarding blanket certificates, related parties, deemed liquidations, and certificates for companion countervailing (CV) duties. The new version makes clear paper certificates are still acceptable. The update adds to the significant revisions CBP made to the guidance in March.