This Week in Trade | 12/6 - 12/10
Here are the latest updates in trade, straight from the ITC Federal Register, from December 6, 2021 to December 10, 2021.
Certain Corrosion-Resistant Steel Products From China, India, Italy, Korea, and Taiwan; Notice of Commission Determination To Conduct Full Five-Year ReviewsSummary from the ITC: “The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty orders on certain corrosion-resistant steel products from China, India, Italy, and Korea and the antidumping duty orders on certain corrosion-resistant steel products from China, India, Italy, Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.”
Walk-Behind Snow Throwers From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty InvestigationsSummary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigations Nos. 701-TA-666 and 731-TA-1558 (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 snow throwers from China, provided for in subheading 8430.20.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be subsidized and sold at less-than-fair-value.
Privacy Act of 1974; System of RecordsSummary from the ITC: “In accordance with the Privacy Act of 1974 (Privacy Act), the United States International Trade Commission (USITC or Commission) proposes to add a new system of records to collect information in response to a public health emergency. This system of records maintains information collected in response to a public health emergency and will collect information from USITC personnel (political appointees, employees, detailees, interns, and volunteers), contractors, visitors, job applicants, and others who access or seek to access the USITC worksite, to assist the USITC with maintaining a safe and healthy workplace and to protect its workforce from risks associated with communicable diseases.”
Privacy Act of 1974; System of RecordsSummary from the ITC: “In accordance with the Privacy Act of 1974, the United States International Trade Commission (USITC or Commission) proposes to add a new system of records to collect information related to employee-submitted requests for reasonable accommodations, including for reasons relating to a disability, and employee-submitted requests for religious accommodations due to sincerely held religious beliefs, practices, or observances. Records contained in this system are collected to: (1) Allow the USITC to collect and maintain records on prospective, current, and former employees with disabilities who request or receive a reasonable accommodation by the USITC; (2) allow the USITC to collect and maintain records on prospective, current, and former employees with sincerely held religious beliefs, practices, or observances who request or receive a religious accommodation by USITC; (3) track and report the processing of requests for such accommodations to comply with applicable laws and regulations; and (4) preserve and maintain the confidentiality of medical and religious information submitted by or on behalf of applicants or employees requesting such an accommodation.”
Certain Integrated Circuits, Chipsets, and Electronic Devices, and Products Containing the Same; Notice of InstitutionSummary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 1, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of NXP Semiconductors N.V. of Eindhoven, Netherlands and NXP USA, Inc. of Austin, Texas. 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, chipsets, and electronic devices, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,593,202 (“the '202 patent”); U.S. Patent No. 8,482,136 (“the '136 patent”); U.S. Patent No. 8,558,591 (“the '591 patent”); U.S. Patent No. 9,729,214 (“the '214 patent”); and U.S. Patent No. 10,904,058 (“the '058 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.”
Certain Optical Enclosures, Components Thereof, and Products Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation; Termination of InvestigationSummary 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. 8) of the presiding administrative law judge (“ALJ”), terminating the investigation based on withdrawal of the complaint. This investigation is terminated.”
Hot-Rolled Steel Flat Products From Turkey; Request for Comments Regarding the Institution of a Section 751(b) Review Concerning the Commission's Affirmative Determination; CorrectionSummary from the ITC: “Correction is made to the deadline for filing comments.”
Certain Mobile Access Equipment and Subassemblies Thereof From China; DeterminationDetermination 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 threatened with material injury by reason of imports of certain mobile access equipment and subassemblies thereof (“mobile access equipment”) from China, provided for in subheadings 8427.10.80, 8427.20.80, 8427.90.00, and 8431.20.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be subsidized by the government of China.[2]”
Certain Chocolate Milk Powder and Packaging Thereof; Notice of Request for Submissions on the Public InterestSummary from the ITC: “Notice is hereby given that on December 1, 2021, the presiding administrative law judge (“ALJ”) issued an Initial Determination Granting Complainant Meenaxi Inc.'s Motion for Summary Determination of Violation by the Defaulting Respondents, and a Recommended Determination on Remedy and Bonding (“ID/RD”). 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.”
Raw Honey From Argentina, Brazil, India, Ukraine, and Vietnam; Scheduling of the Final Phase of Anti-Dumping Duty InvestigationsSummary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of antidumping duty investigation Nos. 731-TA-1560-1564 (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 raw honey from Argentina, Brazil, India, Ukraine, and Vietnam, provided for in heading 0409.00 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.”
Notice of a Commission Determination Not To Review an Initial Determination Granting Respondent Icon's Motion To Amend the Notice of Investigation; Certain Fitness Devices, Streaming Components Thereof, and Systems Containing SameSummary 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. 14) of the presiding chief administrative law judge (“CALJ”) granting respondent ICON's motion to amend the notice of investigation (“NOI”).”
Certain Electronic Stud Finders, Metal Detectors and Electrical Scanners; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written SubmissionsSummary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part the Administrative Law Judge's (“ALJ”) final initial determination (“ID”), issued on October 7, 2021, finding no violation of section 337 in the above-referenced investigation as to three asserted patents. The Commission requests briefing from the parties on certain issues under review. The Commission also requests briefing from the parties, interested government agencies, and other interested persons on remedy, the public interest, and bonding, as indicated in this notice.”
Certain Movable Barrier Operator Systems and Components Thereof; Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Target Date ExtensionSummary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (“FID”) of the presiding administrative law judge (“ALJ”) finding a violation of section 337 of the Tariff Act of 1930, as amended. The Commission requests briefing from the parties on certain issues under review, as set forth in this notice. The Commission also requests briefing from the parties, interested persons, and government agencies on the issues of remedy, the public interest, and bonding. The Commission has further determined to extend the target date until February 3, 2022.”
Notice of Commission Determination Not To Review an Initial Determination Granting a Motion for Return of a Bond; Certain Microfluidic Systems and Components Thereof and Products Containing SameSummary 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. 46) of the presiding administrative law judge (“ALJ”), granting respondent Bio-Rad Laboratories, Inc.'s motion for return of the bond it posted during the period of Presidential Review.”
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