This Week in Trade | 11/30 - 12/4
Here are the latest updates in trade, straight from the ITC Federal Register, from November 30, 2020 to December 4, 2020.
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 Polycrystalline Diamond Compacts and Articles Containing Same, DN 3509; 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.“
Thermal Paper From Germany, Japan, Korea, and Spain
Determination 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 there is a reasonable indication that industries in the United States are materially injured by reason of imports of thermal paper from Germany, Japan, Korea, and Spain, provided for in subheadings 4811.80.80 and 4811.80.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”).[2]”
Summary from the ITC: “Notice is hereby given that the International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 7) of the presiding administrative law judge (“ALJ”) terminating the investigation based on withdrawal of the complaint. The investigation is terminated.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has affirmed a summary determination of violation of section 337 and has determined to issue (1) a general exclusion order (“GEO”) denying entry of certain toner cartridges, components thereof, and systems containing same; and (2) cease and desist orders (“CDOs”) against 20 respondents (listed below). The investigation is terminated.”
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. 12) of the presiding chief administrative law judge (“CALJ”) granting complainants' motion to amend the complaint and the notice of investigation.”
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 25, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Pictos Technologies, Inc. of San Jose, California. An amended complaint was filed on October 23, 2020, and supplemented on November 13, 2020 and November 16, 2020. The complaint, as amended, 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 imaging devices and products containing the same and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,838,651 (“the '651 patent”); U.S. Patent No. 7,800,145 (“the '145 patent”); U.S. Patent No. 7,064,768 (“the '768 patent”); and U.S. Patent No. 7,323,671 (“the '671 patent”); and that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain digital imaging devices and products containing the same and components thereof by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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. 8) of the presiding administrative law judge (“ALJ”) granting complainant's motion to amend the complaint and the notice of investigation to correct the name of the complainant.”
Certain Chocolate Milk Powder and Packaging 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 October 29, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Meenaxi Enterprise Inc. of Edison, New Jersey. A supplement was filed on November 10, 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 chocolate milk powder and packaging thereof by reason of infringement of U.S. Trademark Registration No. 4,206,026 (“the '026 trademark”). 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 and cease and desist orders.”
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 Cloud-Connected Wood-Pellet Grills and Components Thereof, DN 3510; 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.”
Forged Steel Fittings From India and Korea
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 forged steel fittings from India and Korea, provided for in subheadings 7307.92.30, 7307.92.90, 7307.93.30, 7307.93.60, 7307.93.90, 7307.99.10, 7307.99.30, and 7307.99.50 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”), and to be subsidized by the government of India.[2]”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to grant a joint motion terminating the investigation as to Comcast Corporation, Comcast Cable Communications, LLC, Comcast Cable Communications Management, LLC, and Comcast Holdings Corporation (collectively, “Comcast”), all of Philadelphia, Pennsylvania, based on a settlement agreement. The investigation is terminated.”
Certain Active Optical Cables and Products Containing the 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 October 29, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Cosemi Technologies, Inc. of Irvine, California. A supplement to the complaint was filed on November 16, 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 active optical cables and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,948,197 (“the '197 patent”), U.S. Patent No. 9,641,250 (“the '250 patent”), U.S. Patent No. 9,971,115 (“the '115 patent”), and U.S. Patent No. 9,979,479 (“the '479 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 has determined not to review an initial determination (“ID”) (Order No. 14) of the presiding administrative law judge (“ALJ”) granting a motion to intervene filed by non-party Signify North America Corp. (“Signify”).”
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