This Week in Trade | 1/25 - 1/29
Here are the latest updates in trade, straight from the ITC Federal Register, from January 25, 2021 to January 29, 2021.
Summary from the ITC: ”Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 2, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of ARK Diagnostics, Inc. of Fremont, California. A supplement to the complaint was filed on December 2, 2020 and an amended complaint was filed on December 23, 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 gabapentin immunoassay kits and test strips, components thereof, and methods therefor by reason of infringement of certain claims of U.S. Patent No. 8,828,665 (“the '665 patent”) and U.S. Patent No. 10,203,345 (“the '345 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.”
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 Cellular Communications Infrastructure Systems, Components Thereof, and Products Containing Same, DN 3525; 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.”
Wood Mouldings and Millwork Products From China; Revised Schedule for the Subject Investigations
Supplementary Information from the ITC: “On August 12, 2020, the Commission established a schedule for the conduct of the final phase of the subject investigations (85 FR 54593, September 2, 2020). In light of the federal holiday on January 20, 2021, the Commission is revising the final comments deadline to no later than 10 a.m., January 21, 2021.”
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 16, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ventria Bioscience Inc. of Junction City, Kansas. Supplements to the complaint were filed on December 16, and 22, 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 plant-derived recombinant human serum albumins (“rHSA”) and products containing same by reason of infringement of certain claims of U.S. Patent No. 10,618,951 (“the '951 patent”); and U.S. Patent No. 8,609,416 (“the '416 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based on the importation into the United States, or in the sale of, certain plant-derived recombinant human serum albumins (“rHSA”) and products containing same by reason of false designation of origin, 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 (the “Commission”) has determined to institute an advisory opinion proceeding, as requested by respondents Nortek Security & Control, LLC of Carlsbad, California; Nortek, Inc. of Providence, Rhode Island; and GTO Access Systems, LLC of Tallahassee, Florida (collectively, “Nortek”). The Commission has further determined to set a target date of six months from the date of institution for completion of this proceeding, and to refer this matter to the Chief Administrative Law Judge (“CALJ”) for assignment to an administrative law judge (“ALJ”) for appropriate proceedings and a recommendation, to be completed within four months from the date of institution.”
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Amphenol Corp. of Wallingford, Connecticut. Supplements to the complaint were filed on December 22, 2020 and January 6, 2021. 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 electrical connectors and cages, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,371,117 (“the '117 Patent”); U.S. Patent No. 8,371,875 (“the '875 Patent”); U.S. Patent No. 8,864,521 (“the '521 Patent”); U.S. Patent No. 9,705,255 (“the '255 Patent”); and U.S. Patent No. 10,381,767 (“the '767 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 December 17, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke Philips N.V. of the Netherlands and Philips RS North America LLC (f/k/a Respironics, Inc.) of Pittsburgh, Pennsylvania. A supplement to the complaint was filed January 6, 2021. 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 UMTS and LTE cellular communication modules and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,831,271 (“the '271 patent”); U.S. Patent No. 8,199,711 (“the '711 patent”); U.S. Patent No. 7,554,943 (“the '943 patent”); and U.S. Patent No. 7,944,935 (“the '935 patent”). The complaint further alleges that an industry in the United States exists and/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.”
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 Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof, DN 3527; 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 the U.S. International Trade Commission has determined to terminate the investigation on remand from the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) due to mootness.”
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 Portable Battery Jump Starters and Components Thereof, DN 3526; 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.”
Certain IP Camera Systems Including Video Doorbells and Components Thereof; Notice of Institution
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of SkyBell Technologies, Inc. of Irvine, California; SB IP Holdings, LLC of Irvine, California; and Eyetalk365, LLC of Cornelius, North Carolina. A supplement was filed on January 6, 2021. 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 IP camera systems including video doorbells and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,432,638 (“the '638 patent”); U.S. Patent No. 9,485,478 (“the '478 patent”); U.S. Patent No. 10,097,796 (“the '796 patent”); U.S. Patent No. 10,097,797 (“the '797 patent”); U.S. Patent No. 10,200,660 (“the '660 patent”); U.S. Patent No. 10,523,906 (“the '906 patent”); and U.S. Patent No. 10,674,120 (“the '120 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute.
The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.”
Non-Refillable Steel Cylinders from China; Revised Schedule for the Subject Investigations
Supplementary Information from the ITC: “Effective October 30, 2020, the Commission published its schedule for the final phase of these investigations (85 FR 84367, December 28, 2020). The Commission is revising its schedule.
The Commission's revised dates in the schedule are as follows: The prehearing staff report will be placed in the nonpublic record on February 25, 2021. The deadline for filing prehearing briefs is March 4, 2021. Requests to appear at the hearing must be filed with the Secretary to the Commission not later than March 5, 2021. If deemed necessary, the prehearing conference will be held on March 9, 2021. The hearing will be held on March 11, 2021 at 9:30 a.m. The deadline for filing posthearing briefs is March 18, 2021.”
Crepe Paper From China; Scheduling of Expedited Five-Year Review
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 crepe paper from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”
4th Tier Cigarettes from Korea; Determination
Determinations from the ITC: “On the basis of the record [1] developed in the subject investigation, 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, and the establishment of an industry in the United States is not materially retarded by reason of imports of 4th tier cigarettes from Korea, provided for in subheading 2402.20.80 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]”
Summary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-648 and 731-TA-1521-1522 (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 walk-behind lawn mowers from China and Vietnam, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be sold in the United States at less than fair value and imports of walk-behind lawn mowers from China preliminarily determined by Commerce to be subsidized by the Government of China sold at less-than-fair-value.”
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 prestressed concrete steel wire strand (“PC strand”) from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates, provided for in subheading 7312.10.30 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 Turkey.[2]”
Fluid End Blocks From China, Germany, India, and Italy; Determinations
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 fluid end blocks from China, Germany, India, and Italy that have been found by the U.S. Department of Commerce (“Commerce”) to be subsidized by the respective governments of those countries and imports of fluid end blocks from Germany and Italy that have been found by Commerce to be sold in the United States at less than fair value (“LTFV”). Imports of fluid end blocks are provided for in subheadings 7218.91.00, 7218.99.00, 7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 of the Harmonized Tariff Schedule of the United States.”
Summary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-647 and 731-TA-1517-1520 (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 passenger vehicle and light truck tires from Korea, Taiwan, Thailand, and Vietnam, provided for in subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 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 and subsidized by the government of Vietnam.”
Foreign Censorship: Trade and Economic Effects on U.S. Businesses
Summary from the ITC: “Following receipt on January 4, 2021, of a request from the U.S. Senate Committee on Finance (Committee), the U.S. International Trade Commission (Commission) instituted Investigation No. 332-585, Foreign Censorship: Trade and Economic Effects on U.S. Businesses.”
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. 13) of the presiding administrative law judge (“ALJ”) granting complainant's motion to amend the complaint and notice of investigation (“NOI”) in the above-captioned investigation to add dependent claim 11 of U.S. Patent No. 8,403,531 (“the '531 patent”) and withdraw claims 17, 21, and 24 of the same patent.”
Action from the ITC: “Correction of notice.
Correction is made to the March 24, 2021 deadline for filing posthearing briefs statements, the April 8, 2021 date of record closing, and the April 12, 2021 deadline for filing final comments, in the Written Submissions section of the notice which was published on January 14, 2021 (86 FR 3193). The correct deadline dates are as follows: Filing posthearing briefs and statements is March 23, 2021; the record closing is April 7, 2021; and deadline for final comments is April 9, 2021.”
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