American Farm Bureau Federation supports Commerce Department anti-dumping investigation of Mexican tomatoes.

close up of tomatoes on wooden table

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The U.S. Department of Commerce will resume anti-dumping investigations into imports of Mexican tomatoes despite a previous agreement not to.

Zippy Duvall, President of the American Farm Bureau Federation indicated an anti-dumping investigation was needed because Mexican producers have increased their market share despite an agreement to ban artificially low prices.

On February 6, 2019, the Department of Commerce notified Mexico they would withdraw from the 2013 Suspension Agreement on Fresh Tomatoes from Mexico under a clause that the signatories may withdraw from the Agreement with “ninety days written notice to the other party”. The expiration of the 90-days is May 7, 2019.

After the withdraw on May 8th, an investigation by the Department of Commerce will continue and will send notification to the International Trade Commission of its final determination.

If you are an importer of Mexican tomatoes or want to know how this may impact you, contact antidumping duty attorney David Hsu at dh@gjatradelaw.com or by phone/text at 832.896.6288 for a no cost or obligation consultation.

US Trade Commission reverses decision, finds the US tire market IS being harmed by truck and bus imports from China.

woman posing in front of tires

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Summary of what happened:
On January 30th, the US International Trade Commission (USITC) reversed their earlier decision, finding the US tire market is being harmed by truck and bus imports from China. In short – bus and truck imports from China will now be subject to tariffs. A tariff rate and timeline for imposition of duties was not reported by the USITC.

The USITC released a 62-page determination in response to an order of the U.S. Court of International Trade. Back in November 2018, the USITC remanded the ITC’s decision therefore requiring the ITC to re-evaluate their case.

What caused the reversal?
The five-members of the ITC had changed membership in 2017 when commissioner Scott Kieff left 3 years before the end of his term. President Trump later nominated and the Senate confirmed former President Barack Obama’s nominee to fill the commission – Jason Kearnes.

Jason Kearnes turned out to be the swing vote in the most recent reversal of the ITC decision on bus and truck tires.

Very brief history:
In January 2016, the US Steelworkers filed a complaint that tire imports from China was hurting US industry. After investigating, the ITC voted in February 2017 to NOT impose tariffs. This was a surprise because every other tire investigation led to imposition of duties.The US Steelworkers then appealed the decision to the Court of International Trade and in November 2018, the USITC was forced to re-evaluate their decision. Ultimately in their re-evaluation, the ITC found: “In sum, we find that the significant volume of subject imports, at prices that undersold the domestic like product and depressed domestic prices, adversely impacted the domestic industry. We consequently determine that the domestic industry is materially injured by reason of subject imports.”

Please contact our offices if you have questions on how the most recent ITC decision will effect your company’s imports of bus and truck tries from China. You can call David Hsu at 832-896-6288 at anytime or email dhsu@givensjohnston.com.

 

 

 

 

 

 

Qualcomm asks Judge to block iPhone imports – Judge says no because of “public interest factors”.

apple applications apps cell phone

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Qualcomm appeared in front of the US International Trade Commission Judge on Friday to request a ban on the importation of Apple iPhones due to Apple phones infringing Qualcomm’s patent related to power management technology. Apple’s position is that Qualcomm is requesting royalties for technology unrelated to Qualcomm.

The administrative law judge, Thomas Pender, found Apple did infringe on one patent, but denied the request for a ban citing “public interest factors”.

From my experience, CBP will readily and gladly detain and/or seize any import that infringes upon any intellectual property or trademark registered by the holder. We all know the reason why the Judge said he would not ban the importations of iPhones – he does not want to be known as “that guy” that banned importation of some iPhones to the US – especially due to the release of the new iPhone max and other variations.

Unfortunately, this decision highlights the rules being selectively applied to some and not to others.

If your imports have been detained or seized by Customs, contact experienced trade attorney, David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Varidesk files complaint with International Trade Commission alleging patent infringement claims by other height-adjustable desk companies.

apple computer decor design

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Coppell based Varidesk LLC, makers of the height-adjustable desk platform, has filed a complaint with the U.S. International Trade Commission under section 337 of the Tariff Act of 1930.

The section 337 complaint claims other importers of height-adjustable desk platforms and components are infringing upon Varidesk’s patents (9,113,703; 9,277,8009; 9,554,644; and 9,924,793.

After a complaint is filed, the ITC will investigate and after the investigation, they may issue a general exclusion order and a cease and desist order.

More updates posted when they become available – if you are under investigation by the ITC, contact experienced trade attorney, David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.