The International Trade Commission will review an administrative law judge’s finding that uPI Semiconductor violated a consent order in the ITC’s enforcement proceeding in certain DC-DC controllers and products containing same (337-TA-698). According to the ALJ’s June 8 enforcement initial determination, after issuance of a consent order in August 2010, uPI DC-DC controllers and downstream products containing uPI accused controllers had been imported and/or sold in the U.S. without complainant Richtek’s consent or agreement. The ALJ recommended modifying the consent order to clarify that the order applies (and has always applied) to all uPI affiliates, and imposing a civil penalty of $750,000 against uPI. The ITC will review certain infringement findings, the ALJ’s finding that uPI violated the consent order and, should the ITC consider revoking the consent order and issuing an exclusion order, the effects of that remedy upon the public interest. Written submissions are due by Aug. 23.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Aug. 13, along with the case number(s) and CBP message number, is provided below. The messages are available by searching on the listed CBP message number at http://addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
Mexico's Diario Oficial of Aug. 13, lists notices from the Secretary of the Economy as follows:
The International Trade Administration is set to revoke the antidumping duty order on ferrovanadium and nitrided vanadium from Russia (A-821-807), after the International Trade Commission voted Aug. 8 that revocation wouldn’t lead to injury to U.S. industry. The ITC’s negative determination was unanimous. The ITA will publish a notice in the Federal Register revoking the AD order on ferrovanadium and nitrided vanadium from Russia effective Oct. 13, 2011, which is five years from the publication date of the previous continuation notice of the AD order.
Federal Maritime Commission said the following have filed applications for a license as a Non-Vessel-Operating Common Carrier (NVO) and/or Ocean Freight Forwarder (OFF)-Ocean Transportation Intermediary (OTI) pursuant to section 19 of the Shipping Act of 1984. Interested persons may contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, D.C. 20573, at 202-523-5843 or at OTI@fmc.gov.
In the Aug. 1 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 32), CBP published notices on its withdrawal of a revocation and modification of rulings on the classification of toilet seats and iPod docking stations.
In the Aug. 1 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No.32), CBP published a notice of its revocation of its rulings and treatment regarding the tariff classification of terracotta grills.
The International Trade Administration issued the preliminary results of its administrative review of the antidumping duty order on certain pasta from Italy (A-475-818) for seven companies. The ITA said it intends to rescind this review with respect to Fiamma Vesuviana S.r.L. and Botticelli Mediterraneo S.a.r.l. pending the final results, because the two companies had no shipments to the U.S. during the period of review. The ITA also said it intends to revoke this AD order with respect to Pastificio Attilio Mastromauro Granoro S.r.L., because if the final results confirm the zero rate Granoro received in these preliminary results it would be Granoro’s third consecutive zero rate. These preliminary results are not in effect. The ITA may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.
The Court of International Trade accepted the International Trade Administration’s rationale for zeroing in administrative reviews but not in investigations, but again remanded the ITA’s refusal to individually review a voluntary respondent in the 2008-09 administrative review of the antidumping duty order on frozen warmwater shrimp from Vietnam (A-552-802). CIT said the standard employed by the ITA in refusing to individually investigate company Grobest & I-Mei Industrial (Vietnam) Co., Ltd., which may have been eligible for partial revocation if it had been found to have its third consecutive zero AD rate, would render part of the statute useless because it would set so low a bar as to allow the ITA to refuse to individually review voluntary respondents even when such a review would not impose an undue burden.
In the Aug. 1 issue of the U.S. Customs and Border Protection Bulletin (Vol. 46, No. 32), CBP published two notices that propose to revoke two rulings and similar treatment regarding the tariff classification of a polyethylene and insulating mineral materials.