This Week in Trade | 01/30 - 02/03

Here are the latest updates in trade, straight from the ITC Federal Register, from January 30 to February 3, 2023.

Summary from the ITC: ”Notice is hereby given that on January 24, 2023, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.”

Summary from the ITC: “The Commission instituted the subject five-year reviews on November 1, 2022 to determine whether revocation of the countervailing duty order and antidumping duty order on high pressure steel cylinders from China would be likely to lead to continuation or recurrence of material injury. On January 20, 2023, the Department of Commerce published notice that it was revoking the orders effective December 5, 2022, because no domestic interested party responded to the sunset review notice of initiation by the applicable deadline. Accordingly, the subject reviews are terminated.“

Determination from the ITC: “On the basis of the record [1] developed in the subject five-year reviews, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the countervailing duty order on steel concrete reinforcing bar (“rebar”) from Turkey and revocation of the antidumping duty orders on rebar from Japan, Taiwan, and Turkey would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.“

Summary from the ITC: “Notice is hereby given that on January 10, 2023, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of section 337. On January 24, 2023, the ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.“

Matters ro be considered from the ITC: “

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. No. 701-TA-678 (Final)(Barium Chloride from India). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 13, 2023.

5. Outstanding action jackets: none.“

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the countervailing duty orders and the antidumping duty orders on fine denier polyester staple fiber (PSF) from China, India, South Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.“

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the countervailing duty order and the antidumping duty orders on lined paper school supplies from China and India would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.“

Summary from the ITC: “The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on pure granular magnesium from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.“

Determination from the ITC: “On the basis of the record [1] developed in the subject five-year review, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the antidumping duty order on gray portland cement and cement clinker from Japan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.“

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the countervailing duty orders and antidumping duty orders on CTL plate from India, Indonesia, and South Korea would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.“

Matters to be considered from the ITC: “

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. No. 731-TA-1073 (Fifth Review) (Furfuryl Alcohol from China). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 15, 2023.

5. Outstanding action jackets: none.“

Matters to be considered from the ITC: “

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. Nos. 701-TA-679 and 731-TA-1585 (Final) (Sodium Nitrite from India). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 20, 2023.

5. Outstanding action jackets: none.“

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Samsung Display Co., Ltd. of the Republic of Korea. A supplement to the complaint was filed on January 17, 2023. 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 certain active matrix organic light-emitting diode display panels and modules for mobile devices, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,818,803 (“the '803 patent”); U.S. Patent No. 10,854,683 (“the '683 patent”); U.S. Patent No. 7,414,599 (“the '599 patent”); and U.S. Patent No. 9,330,593 (“the '593 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.“

Determination from the ITC: “On the basis of the record [1] developed in the subject five-year reviews, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the countervailing duty orders on carbon and alloy steel cut-to-length plate from China and South Korea and the antidumping duty orders on carbon and alloy steel cut-to-length plate from Austria, Belgium, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. The Commission further determines that revocation of the antidumping duty order on carbon and alloy steel cut-to-length plate from Brazil would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.[2]“

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