Tuesday, August 11, 2009

Week in Review ending August the 15th

  • Panel Report on US vs. China: US prevails that China's distribution of CD's and DVD thought government chanels are not consistent with WTO obligations.

US Court if International Trade Rulings:

Fujian Lianfu Forestry Co., Ltd. v. United States
Massive opinion covering many issues regard the antidumping of wooden bedroom funriture:
  1. Commerce allowed to remand to provide explanation to why it decided not to use combination rate between exporters and producers.
  2. The rate established for Starcorp based on "Adverse Facts Available" AFA was found to be incorrect. When establishing a AFA rate Commerce must apply a rate that is connected with the probable rate for the effected company plus a penalty amount for noncompliance and deterrent. Commerce can not just assign the highest rate available. This is proabably the most important part of the decision.
  3. Commerce was proper in concluding Starcorp failed to cooperate to the best of its ability and was subject to AFA.
  4. Commerce reasonably concluded values from India did not have systemic errors and India was a proper surrogate.
  5. AFMC failed to exhaust administrative remedies regarding its challenge to four market economy inputs.
  6. Commerce's decision not to include Jayabharatham financial statements was reasonable
  7. Commerce's use of using actual entered values as apposed to the invoice values provided by Dara was in accordance to the regulations.
  8. Zeroing is still the accepted practice for administrative reviews and used on entry-by-entry basis. The court rejected the argument that 1677(35) be applied uniformly to investigations and reviews. Commerce's use of zeroing both for entry-by-entry and in administrative reviews is still a permissible interpretation. (I wonder if there is not some equal protection argument that can not be made.) This is a predictable adding to the Swiss cheese that is zeroing. It is still there with lots of holes.

NMB Singapore Ltd. v. United States
Remand results of a CACF case where affirmed.

Qingdao Taifa Group Co., Ltd. v. United States

Depersia v. United States
Challenge the the customs brokers test.
Court ruled the question ambiguous but not entirely wrong.

Ad Hoc Shrimp Trade Action Comm. v. United States
Case dismissed pending consolidated case. The use of a NACA study regarding the costs of the surrogate country's, Bangladesh's, shrimp pricing after the tsunami not decided by the Court. Some question remained what relief the parties were seeking. Warning not to use cliches like "gold standard" in your briefs or the judge might embarrass you.

Peerless Clothing Int'l, Inc. v. United States
Facts: Manufacturer of suits in Canada Invoices its US subsidiary for cost to cut, cost of fabric and cost to warehouse and other administrative expenses. They did not declare the third invoice which was for eleven categories of warehousing and expenses. Customs ruled that some of the eleven categories were not dutiable but most were dutiable. Peerless then argued the six categories should be allocated on a computed value based on GAAP and the court agreed. Customs motioned to reconsider this. Arguing that transaction value should not be used.
Customs motion to reconsider was denied.

U.S. Court of Appeals for the Federal Circuit Rulings:

United States Vs. UPS Customshouse Brokerage.
Remanded for customs to consider all ten factors regarding whether the broker exercised reasonable care.
The issue on whether $75K vs. $30K fine to a broker is permissible was not decided. Maybe the judge was hoping they would settle? Because it seem like the ruling will just create a loss of judicial resources.
They will consider all ten factors, come up with the same conclusion, and they will be right back at the same place with more legal bills in a year.

Federal Register Notices

Committee for the Implementation of Textile Agreements
Foreign Agriculture Service

International Trade Administration:
  • Determinations:
  • Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes: University of Texas at Austin, et al. , Approved duty free entry of electron microscopes.
  • Decision on Applications for Duty-Free Entry of Scientific Instruments: National Renewable Energy Laboratory, et al. Approved duty free entry of scientific instruments
  • Withdrawal of Application for Duty-Free Entry of Scientific Instruments
  • Trade Remedies:
  • Certain Hot-Rolled Carbon Steel Flat Products from the People's Republic of China: Antidumping, rescission of and preliminary results of administrative review. Final rescission
  • Certain Orange Juice from Brazil, Antidumping Final results of administrative review.No dumping duties for Fascher SA and only 2.17% for Sucocitrico Cutrale S.A.
  • Certain Pasta from Italy, Antidumping: Gluten free pasta excluded from the dumping scope.
  • Certain Preserved Mushrooms from the People's Republic of China, Antidumping and Countervailing: Request for yearly administrative review was withdrawn.
  • Certain Steel Grating from the People's Republic of China: Countervailing Postponement of preliminary results to August 22nd 2009.
  • Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China
  • Carbon Steel Butt-Weld Pipe Fittings from Japan: Antidumping. Rescission of administrative review.
  • Glycine from the People's Republic of China Antidumping: Final Results, Cash deposit rates set at 33.67 percent for Baoding Mantong Fine Chemistry and 155.89% nation wide. HTSUS:2922.49.4020 (not dispositive)
  • Magnesium Metal from the Russian Federation: Final Results and Partial Rescission of Antidumping Duty Administrative Review: Antidumping Rate of 43.58% dumping margin for AVISMA, Rescission for SMW for lack of shipments, 21.01% for all other shippers.
  • Polyethylene Retail Carrier Bags from Thailand: Antidumping preliminary Results Yearly administrative review for period August 2007 July 2008. Master packaging hit with 122% for AFA decision. while TPBG 22.01%.
  • Pressure Sensitive Plastic Tape from Italy: Antidumping, Final Results of 5 year sunset review dumping margins set at 10% for Italian manufacturers.
  • Magnesium Metal from the Russian Federation: Antidumping Adminstrative review for two shippers SMW and AVISMA. Rescission for SMW for lack of shipments and 43.58% for AVISMA.
  • Wire Decking from the People's Republic of China: Countervailing Postponement of preliminary determination date to November 2nd 2009.
International Trade Commission
  • Certain Active Comfort Footwear, Investigation. Granted motion to dismiss patent infringement based on a settlement agreement between Masai Marketing &
    Trading AG of Romanshorn and RYN Korea Co., Ltd.
  • Certain Lighting Control Devices Including Dimmer Switches and Parts
  • Certain Magnesia Carbon Bricks from China and Mexico
  • Certain R–134a Coolant (Otherwise Known as 1,1,1,2–Tetrafluoroethane)
  • Certain Wireless Communications Devices and Components, Investigation: Notice of termination.
  • Pressure Sensitive Plastic Tape From Italy, Investigation, The Commission will proceed witht he five year sunset review and will announce the results at a later undetermined date.
  • Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (IV) Investigation. Granted Tessera, Inc. of San Jose motion to dismiss there patent infringement complain against "numerous entities."
  • Shifts in U.S. Merchandise Trade 2008, Investigation: The Report is now available at the department's website.
State Department
  1. Auxiliary Power Units and Propulsion Engines to Mexico
  2. Military Vehicle Wiring Harnesses to Mexico
  3. Commercial communications satellite to the United Kingdom.
  4. 2.75'' Laser Guided Rocket All-Up-Round for the United Arab Emirates Armed Forces.
  5. Proton launch of the SIRIUS-5 Commercial Communication Satellite from the Baikonur Cosmodrome in Kazakhstan
  6. Personnel Locator System (PLS) in Mexico for end-use by the U.S. Air Force.
  7. S-70B (SH-60J/K) Helicopters, parts and support equipment for end-use by Japan's Maritime Defense Forces
  8. S-70A (UH-60J) Helicopters, parts and support equipment for end-use by Japan's Maritime Defense Forces
  9. Iraqi Ministry of Defense communication systems for end-use by the Iraqi Ministry of Defense
  10. AN/APN-217 (V) 2-3-6 Doppler Navigation System in Japan for end-use by the Ministry of Defense of Japan.
  11. Digital Dispensing System I and VII for the Ministry of Defense of Israel for use on the F-15 Aircraft.
  12. Phalanx Close-In Weapon System Block 1A for Australia
  13. AN/SSQ-62, AN/SSQ-53, and AN/SSQ-36 Sonobuoys and Sonobuoy Assemblies in Canada.
  14. AN/APG-63(V) 1 Radar System Retrofit Kits for end-use by the Ministry of Japan
  15. Block 1B Baseline Weapon Systems. C-130J aircraft, associated support equipment, initial logistics support and initial maintenance and operational training to the Government of Qatar.
    U.S. Customs Department
    • Expansion of Global Entry Pilot Program
    U.S. Defense Department
    • FAR Case 2009–014, New Designated Country –– Taiwan
    • Prohibition on Restricted Business Operations in Sudan and Imports from Burma
    U.S. Trade Representative
    • Implementation of the U.S.–EC Beef Hormones Memorandum of Understanding

    US Customs Rulings and Bulletins:

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