This Week in Trade | 02/06 - 02/10

Here are the latest updates in trade, straight from the ITC Federal Register, from February 6 to February 10, 2023.

Certain Replacement Automotive Lamps II; Notice of Request for Submissions on the Public Interest

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.“

COVID-19 Diagnostics and Therapeutics: Supply, Demand, and TRIPS Agreement Flexibilities

Summary from the ITC: “Following receipt on December 16, 2022, of a request from the U.S. Trade Representative (USTR), under the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-596, COVID-19 Diagnostics and Therapeutics: Supply, Demand, and TRIPS Agreement Flexibilities. The USTR requested that the Commission conduct an investigation and prepare a report that analyzes the universe of existing COVID-19 diagnostics and therapeutics in relation to the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)—including the range of definitions for diagnostics and therapeutics; diagnostics and therapeutics covered by patents and those in development; an overview of production, distribution, and demand; information on market segmentation of global demand and consumption; and other information relevant to the discussion of TRIPS Agreement flexibilities.“

Sunshine Act Meetings

Matters to be considered: “

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. Nos. 701-TA-684 and 731-TA-1597-1598 (Preliminary) (Gas Powered Pressure Washers from China and Vietnam). The Commission currently is scheduled to complete and file its determinations on February 13, 2023; views of the Commission currently are scheduled to be completed and filed on February 21, 2023.

5. Outstanding action jackets: none.“

Certain Refrigerator Water Filtration Devices and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Partially Terminating the Investigation as to Certain Respondents Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and Bonding

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 47) of the presiding Chief Administrative Law Judge (“Chief ALJ”) terminating the above-captioned investigation as to respondents Yunda H&H Tech (Tianjin) Co., LTD. of Tianjinshi, China; Tianjin Tianchuang Best Pure Environmental Science And Technology Co. Ltd. of Tianjin, China; Top Pure (Usa) Inc. of Pico Rivera, California; and W&L Trading LLC of Frisco, Texas (collectively, “Third Settling Respondents”) based on settlement. The Commission has also determined to request written submissions from the parties, interested government agencies, and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding concerning the defaulting respondents.“

Certain Audio Players and Components Thereof (II); Notice of a Commission Determination Not To Review an Initial Determination Amending Complaint and Notice of Investigation

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. 11) of the presiding administrative law judge (“ALJ”), granting in part Google's motion to amend the complaint and notice of investigation to add to the investigation claim 19 of U.S. Patent No. 11,024,311 (“the '311 patent”), claims 4, 9, and 14 of U.S. Patent No. 9,812,128 (“the '128 patent”), and claims 10, 12, and 18 of U.S. Patent No. 11,050,615 (“the '615 patent”).“

Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Universal Golf Club Shaft and Golf Club Head Connection Adaptors, Certain Components Thereof, and Products Containing the Same (II), DN 3667; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.“

Steel Nails From the United Arab Emirates; Scheduling of a Full Five-Year Review

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

Certain Selective Thyroid Hormone Receptor-Beta Agonists, Processes for Manufacturing or Relating to Same, and Products Containing Same; Institution of Investigation

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 29, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Viking Therapeutics, Inc. of San Diego, California. A supplement was filed on January 13, 2023. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry or prevent the establishment of a domestic industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.“

Lemon Juice From Brazil and South Africa

Determinations from 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 materially injured by reason of imports of lemon juice from Brazil and South Africa, provided for in subheadings 2009.31.40, 2009.31.60, and 2009.39.60 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]“

Sunshine Act Meetings

Matters from the ITC: “

1. Agendas for future meetings: none.

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. No. 731-TA-410 (Fifth Review) (Light-Walled Rectangular Pipe and Tube from Taiwan). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 22, 2023.

5. Outstanding action jackets: none.“

Steel Nails From India, Thailand, and Turkey

Determinations from 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 by reason of imports of steel nails from India, Thailand, and Turkey, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 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]“

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