This Week in Trade | 01/09 - 01/13

Here are the latest updates in trade, straight from the ITC Federal Register, from January 9, 2023 to January 13, 2023.

Determinations form the ITC: “On the basis of the record [1] developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is not materially injured or threatened with material injury, and the establishment of an industry in the United States is not materially retarded by reason of imports of emulsion styrene-butadiene rubber (“ESBR”) from Czechia and Russia, provided for in statistical reporting numbers 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”).[2]  [3]“

Summary from the ITC: “On December 23, 2022, the Department of Commerce published notice in the Federal Register of a negative final determination of less than fair value (LTFV) in connection with the subject investigation concerning Sri Lanka (87 FR 78933). Accordingly, antidumping duty Investigation No. 731-TA-1581 (Final) concerning steel nails from Sri Lanka is terminated.“

Matters to be considered: “

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. Nos. 701-TA-564 and 731-TA-1338-1340 (Review) (Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey). The Commission currently is scheduled to complete and file its determinations and views of the Commission on January 24, 2023.

5. Outstanding action jackets: none.“

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (“ID”) of the presiding administrative law judge (“ALJ”) finding a violation of section 337 by the accused products of respondents. The Commission requests written submissions from the parties on the issues under review and from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. The Commission has also extended the target date for completion of the investigation to March 6, 2023.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Samsung Electronics Co., Ltd. of the Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; Samsung Research America, Inc. of Mountain View, California; and Samsung International, Inc. of Chula Vista, California. On December 19, 2022, complainants filed a letter supplementing the complaint. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of components for certain environmentally-protected LCD digital displays and products containing same by reason of the infringement of certain claims of U.S. Patent No. 7,948,575 (“the '575 patent”), U.S. Patent No. 8,111,348 (“the '348 patent”), U.S. Patent No. RE45,117 (“the '117 patent”), U.S. Patent No. 8,842,253 (“the '253 patent”), and U.S. Patent No. 8,223,311 (“the '311 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute.

The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.“

Summary from the ITC: “The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on furfuryl alcohol from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.“

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined not to review an initial determination (“ID”) (Order No. 10) of the presiding administrative law judge (“ALJ”), terminating the investigation in its entirety based on withdrawal of the complaint. The investigation is terminated.“

Summary from the ITC: “The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on light-walled rectangular pipe and tube from Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.“

Action from the ITC: “The Commission instituted the subject five-year reviews on October 3, 2022 (87 FR 59827) to determine whether revocation of the antidumping duty orders on stilbenic optical brightening agents from China and Taiwan would be likely to lead to continuation or recurrence of material injury. On December 29, 2022, the Department of Commerce published notice that it was revoking the orders effective November 27, 2022, because no domestic interested party responded to the sunset review notice of initiation by the applicable deadline (87 FR 80162). Accordingly, the subject reviews are terminated.“

Summary from the ITC: “The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on cased pencils from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.“

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