The International Trade Commission is asking for comments by about Oct. 10 on a patent complaint filed Sept. 26 on behalf of Speculative Product Design, which alleges violations of Section 337 of the Tariff Act of 1930 in the import into the U.S., the sale for import, and the sale within the U.S. after import of certain cases for portable electronic devices (D/N 2917). The ITC is asking for comments on any public interest issues that might affect ITC consideration, including whether the issuance of an exclusion order and/or cease and desist order would impact the public interest. The complaint names the following respondents:
The International Trade Administration’s proposed changes to the definition of factual information and time limits for its submission in antidumping and countervailing duty proceedings would limit the ability of both foreign respondents and domestic interested parties “to provide accurate information and meaningful comment, and to correct errors,” said trade attorney Jeffrey Winton in comments on the ITA’s July 10 proposed rule. Comments were generally opposed to the proposal as it currently stands, particularly those by representatives of domestic industry.
CBP's ACEopedia for September provides an update to progress in ACE to date. The latest version added five new agencies planned for ACE interoperability, aimed at allowing a "single window" process that would ease cargo importation and release.
According to the International Trade Commission, a section 337 patent complaint on certain cases for portable electronic devices was filed on behalf of SNR Denton on Sept. 26. The proposed respondents are:
CBP issued a CSMS message to remind those filing ACE ABI In-Bond transactions that they must nominate themselves as a secondary notify party in the transaction. If the carrier has not nominated the filer, a failure to nominate oneself will mean the filer will not receive any of the subsequent status notifications related to the in-bond filing, said CBP.
AU Optronics pledged to appeal a $500 million fine imposed for its role in a global LCD price-fixing conspiracy. U.S. District Judge Susan Illston in San Jose rejected the Justice Department’s demand for a $1 billion fine. But AU Optronics, in an SEC filing Friday, “expressed its regret” at the ruling that requires it pay the fine over three years. While it plans to appeal the fine, AU said it will be recognized in Q3. Minus provisions already made, AU will recognize an additional $223 million in Q3 charges, the company said.
Following further briefing by the parties, the Court of International Trade again took up the issue of whether the Coalition for American Hardwood Parity’s untimely filed challenge to an International Trade Administration antidumping final determination precludes hearing by CIT on jurisdictional grounds. CIT found that it does, and dismissed the challenge without prejudice, but offered to certify its ruling for interlocutory appeal1 before the Court of Appeals for the Federal Circuit. Alternatively, it said, CAHP can amend its complaint to comply with the time limits.
The U.S International Trade Commission voted to launch an investigation of certain sintered rare earth magnets, “methods of making same, and products containing same” in response to a complaint by Hitachi Metals of Japan and Hitachi Metals of North Carolina, alleging unfair trade practices (CED Sept 4 p7). The products at issue in the probe are rare earth magnets and products incorporating them, including, among other items, audio loudspeakers and headphones. Hitachi is seeking an exclusion order and cease-and-desist orders, according to the complaint, filed Aug. 17. Loudspeaker and headphone companies named in the complaint include Beats, Bose, Harman, Monster, Shure and Skullcandy. Spokesmen for Skullcandy and Shure told us it was company policy not to comment on matters under legal review. Bose will not comment publicly on the case, a spokeswoman told us. Beats, Harman and Monster didn’t comment by our deadline.
Democratic lawmakers in the House and Senate added their support for the U.S. Trade Representative's request for the World Trade Organization to step in against China's automobile trade practices. President Barack Obama "has vigorously challenged China’s persistent failure to play by the rules, including doubling the rate of cases brought against China as compared to the last Administration," said House Ways and Means Committee Chairman Sander Levin (D-Mich.) "More needs to be done to rebalance this imbalanced relationship and the President has, through actions such as this, the Rare Earths case filed earlier this year, and the creation of government-wide International Trade Enforcement Center, taken strong steps toward that objective." The press release is (here).
The International Trade Commission will review an administrative law judge’s finding of violations of Section 337 by LG in its patent investigation of certain light-emitting diodes and products containing same (337-TA-784). The case, instituted in July 2011, is based on two complaints filed by OSRAM. The ITC is asking for comments on certain aspects of the ALJ’s finding, as well as the issues of remedy, bonding, and the public interest, by Sept. 21.