This Week in Trade | 10/17 - 10/21

Here are the latest updates in trade, straight from the ITC Federal Register, from October 17, 2022 to October 21, 2022.

Supplementary information from the ITC: “On June 14, 2022, the Commission established a schedule for the conduct of the full five-year reviews (87 FR 36881, June 21, 2022), and on September 19, 2022, gave notice of updated information related to the conduct of the hearing for these reviews (87 FR 58137, September 23, 2022). On October 4, 2022, counsel for Bull Moose Tube Company, Maruichi American Corporation, and Wheatland Tube Company, and counsel for Nucor Tubular Products Inc., filed requests to appear at the hearing. No other parties submitted a request to appear at the hearing. On October 7, 2022, counsel for these firms filed a request that the Commission cancel the scheduled hearing for these reviews and withdrew their requests to appear at the hearing. Counsel indicated a willingness to submit written responses to any Commission questions in lieu of an actual hearing. Consequently, the public hearing in connection with these reviews, scheduled to begin at 9:30 a.m. on Thursday, October 13, 2022, is cancelled. Parties to these reviews should respond to any written questions posed by the Commission in their posthearing briefs, which are due to be filed on October 25, 2022.”

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 ferrovanadium from South Korea 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 a complaint was filed with the U.S. International Trade Commission on September 9, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of OPEX Corporation of Moorestown, New Jersey. The complaint was supplemented on September 29, 2022. 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts thereof by reason of the infringement of certain claims of U.S. Patent No. 11,192,144 (“the '144 patent”) and U.S. Patent No. 11,358,175 (“the '175 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 limited exclusion order and cease and desist orders.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. 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 integrated circuits, mobile devices containing the same, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 8,775,833 (“the '833 patent”), U.S. Patent No. 8,898,494 (“the '494 patent”), U.S. Patent No. 10,049,080 (“the '080 patent”), and U.S. Patent No. 10,705,588 (“the '588 patent”). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. A supplement to the complaint was filed on October 12, 2022. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vego Garden, Inc. of Houston, Texas. On September 21, 2022, the complainant filed a letter supplementing the complaint. On September 22, 2022, the complainant filed an amended complaint. The amended complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of, certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition, the threat or effect of which is to destroy or substantially injure 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.”

Summary from the ITC: “The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-683 and 731-TA-1594-1596 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of paper file folders from China, India, and Vietnam, provided for in subheading 4820.30.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of India. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by November 28, 2022. The Commission's views must be transmitted to Commerce within five business days thereafter, or by December 5, 2022.”

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-671-672 and 731-TA-1571-1573 (Final) (Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea). The Commission is currently scheduled to complete and file its determinations and views of the Commission on November 7, 2022.

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 September 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. 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 semiconductor devices, mobile devices containing the same, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,831,306 (“the '306 patent”); U.S. Patent No. 10,319,812 (“the '812 patent”); U.S. Patent No. 10,700,178 (“the '178 patent”); and U.S. Patent No. 11,251,281 (“the '281 patent”). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. A supplement to the complaint was filed on October 12, 2022. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Semiconductors Devices Having Layered Dummy Fill, Electronic Devices, and Components Thereof, DN 3649; 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.”

Determinations by 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 antidumping and countervailing duty orders on aluminum extrusions from China 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 a complaint was filed with the U.S. International Trade Commission on September 15, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Pratum Farm, LLC of Salem, Oregon. Letters supplementing the complaint were filed on September 15, October 3, and October 4, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States and sale of certain hazelnuts and products containing the same by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States or to prevent the establishment of such an industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.”

Summary from the ITC: “The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty orders on certain welded stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

Summary from the ITC: “The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty and countervailing duty orders on pneumatic off-the-road (“OTR”) tires from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 15, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. A supplement was filed on September 26, 2022. The complaint, as supplemented, 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 smart televisions by reason of the infringement of certain claims of U.S. Patent No. 8,549,109 (“the '109 patent”); U.S. Patent No. 8,170,394 (“the '394 patent”); U.S. Patent No. 10,958,971 (“the '971 patent”); and U.S. Patent No. 11,017,815 (“the '815 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 limited exclusion order and a cease and desist order.”

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