This Week in Trade | 10/18 - 10/22

Here are the latest updates in trade, straight from the ITC Federal Register, from October 18, 2021 to October 22, 2021.

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 petroleum wax candles 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.[2]”

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 countervailing duty orders on polyethylene terephthalate (“PET”) resin from China and India and the antidumping duty orders on PET resin from Canada, China, India, and Oman 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 (the “Commission”) has determined that: (i) The respondents have violated section 337 of the Tariff Act of 1930, as amended, by importing, selling for importation, or selling in the United States after importation certain laparoscopic surgical staplers, reload cartridges, and components thereof that infringe complainants' U.S. Patent No. 9,844,379 (“the '379 patent”); (2) the appropriate remedies are a limited exclusion order and cease and desist orders; and (3) enforcement of said remedial orders will be suspended pending final resolution of a Final Written Decision by the Patent Trial and Appeal Board (“PTAB”) that the asserted claims of the '379 patent are unpatentable. This investigation is terminated.”

Summary from the ITC: “Notice is hereby given that on October 14, 2021, the presiding administrative law judge (“ALJ”) issued a Summary Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding (“RD”) 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.”

Supplementary Information from the ITC: “Effective March 19, 2021, the Commission established a general schedule for the conduct of the final phase of its investigations on utility scale wind towers (“wind towers”) from India, Malaysia, and Spain (86 FR 20197, April 16, 2021), following preliminary determinations by the U.S. Department of Commerce (“Commerce”) that imports of subject wind towers from India and Malaysia were subsidized by the governments of India and Malaysia (86 FR 15887, March 25, 2021; and 86 FR 15897, March 25, 2021) and imports of subject wind towers from Spain were being sold in the United States at less than fair value (86 FR 17354, April 2, 2021). Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on April 16, 2021 (86 FR 20197). Counsel for the Wind Tower Trade Coalition withdrew its previously filed request to appear at the hearing, after no other parties submitted a request to appear, and indicated a willingness to submit written responses to any Commission questions in lieu of an actual hearing. Consequently, since no party to the investigation requested a hearing, the Commission canceled its hearing in connection with these investigations (86 FR 31730, June 15, 2021). Parties to these investigations responded to written questions posed by the Commission in their posthearing briefs.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to affirm in part and take no position in part with respect to the final initial determination's (“final ID”) finding that no violation of section 337 has occurred. The investigation is terminated.”

Summary from the ITC: “The Commission instituted the subject five-year review on July 1, 2021 (86 FR 35127) to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China would be likely to lead to continuation or recurrence of material injury. On September 29, 2021, the Department of Commerce issued notice that it was revoking the order effective August 11, 2021, because no domestic interested party filed a timely notice of intent to participate. Accordingly, the subject review is terminated.”

Determinations 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 antidumping duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam and the countervailing duty order on polyethylene retail carrier bags from Vietnam would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.”

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