This Week in Trade | 10/19 - 10/23
Here are the latest updates in trade, straight from the ITC Federal Register, from October 19, 2020 to October 23, 2020.
Summary from the ITC: “The Commission published a notice in the Federal Register of October 9, 2020, concerning the institution and scheduling of investigation No. TA-201-77 pursuant to section 202 of the Trade Act of 1974 (“the Act”) to determine whether fresh, chilled, or frozen blueberries are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. 85 FR 64162. This amended notice corrects a Harmonized Tariff Schedule of the United States (“HTSUS”) statistical reporting number provided in the original notice, and corrects the citation to the statutory authority for the notice.”
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. The Commission requests written submissions from the parties on the issues under review and from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.”
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 Electric Shavers and Components and Accessories Thereof, DN 3501; 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.”
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 10, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of DivX, LLC of San Diego, California. The complaint was supplemented on September 15 and 22, 2020. 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 video processing devices, components thereof, and digital smart televisions containing the same by reason of infringement of one or more claims of U.S. Patent No. 8,832,297 (“the '297 patent”); U.S. Patent No. 10,212,486 (“the '486 Patent); U.S. Patent No. 10,412,141 (“the '141 patent”); and U.S. Patent No. 10,484,749 (“the '749 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. 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 determined not to review an initial determination (“ID”) (Order No. 48) of the presiding administrative law judge (“ALJ”), granting a joint motion to terminate the investigation as to respondent Suteng Innovation Technology Co., Ltd. (a.k.a. RoboSense) (“RoboSense”) based on settlement. The investigation is terminated in its entirety.”
Summary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1474 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether 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 ultra-high molecular weight polyethylene from Korea, provided for in subheadings 3901.10.10 and 3901.20.10 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be sold at less-than-fair-value.”
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 15, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Solaria Corporation of Fremont, California. A supplement to the Complaint was filed on September 25, 2020. 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 shingled solar modules, components thereof, and methods for manufacturing the same by reason of infringement of certain claims of U.S. Patent No. 10,522,707 (“the ’707 Patent”); U.S. Patent No. 10,651,333 (“the ’333 Patent”); and U.S. Patent No. 10,763,388 (“the '388 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 the presiding administrative law judge (“ALJ”) has 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.”
Certain Digital Video-Capable Devices and Components Thereof; Institution of Investigation
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke Philips N.V. of the Netherlands and Philips North America LLC of Cambridge, Massachusetts. 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 digital video-capable devices and components thereof by reason of infringement of U.S. Patent No. 9,436,809 (“the '809 patent”); U.S. Patent No. 9,590,977 (“the '977 patent”); U.S. Patent No. 10,091,186 (“the '186 patent”); and U.S. Patent No. 10,298,564 (“the '564 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 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 unopposed motions to intervene by third parties Shenzhen Xinde Technology Co., Ltd. (“Xinde”) and Yongkang Aijiu Industrial & Trade Co., Ltd. (“Aijiu”) in the above-identified investigation.”
Supplementary information from the ITC: “On September 30, 2020, the Commission established a schedule for the conduct of the preliminary phase of the subject investigations (85 FR 63137, October 6, 2020). Subsequently, the Department of Commerce (“Commerce”) extended the date for its initiation determinations in the investigations from October 20, 2020 to November 9, 2020 (85 FR 65028, October 14, 2020). The Commission, therefore, is revising its schedule to conform with Commerce's new schedule. The Commission must reach preliminary determinations by December 4, 2020, and the Commission's views must be transmitted to Commerce within five business days thereafter, or by December 11, 2020.”
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. 7) of the presiding administrative law judge (“ALJ”) granting complainants' motion to amend the complaint and the 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. 7) finding Ningbo Linhua Plastic Co., Ltd. (“Ningbo”), the last remaining respondent, in default. Accordingly, the Commission requests written submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.”
Difluoromethane (R-32) from China; Revised Schedule for the Subject Investigation
Supplementary information from the ITC: “Effective August 27, 2020, the Commission published its schedule for the final phase of this investigation (85 FR 55688, September 9, 2020). The Commission is revising its schedule.”
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