This Week in Trade | 12/7 - 12/11

Here are the latest updates in trade, straight from the ITC Federal Register, from December 7, 2020 to December 11, 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 Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor, DN 3511; 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.”

Monitoring of Fresh or Chilled Strawberries

Summary from the ITC: “Following receipt on November 4, 2020, of a request from the U.S. Trade Representative (USTR), the Commission instituted Investigation No. 332-581, Monitoring of Fresh or Chilled Strawberries, under the Tariff Act of 1930 for the purpose collecting and analyzing information that would expedite an investigation under the Trade Act of 1974 (the U.S. global safeguard law). For purposes of this investigation, the fresh or chilled strawberries are those provided for in subheading 0810.10 of the Harmonized Tariff Schedule of the United States (HTS).”

Monitoring of Fresh or Chilled Bell Peppers

Summary from the ITC: “Following receipt on November 4, 2020, of a request from the U.S. Trade Representative (USTR), the Commission instituted Investigation No. 332-582, Monitoring of Fresh or Chilled Bell Peppers, under section 332(g) of the Tariff Act of 1930 for the purpose of collecting and analyzing information that would expedite an investigation under section 202(b) of the Trade Act of 1974 (Trade Act) (the U.S. global safeguard law). For purposes of this investigation, the fresh or chilled bell peppers are those provided for in statistical reporting numbers 0709.60.4015, 0709.60.4025, 0709.60.4065, and 0709.60.4085 of the Harmonized Tariff Schedule of the United States (HTS).”

Phosphate Fertilizers From Morocco and Russia; Scheduling of the Final Phase of Countervailing Duty Investigations

Summary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation Nos. 701-TA-650-651 (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 phosphate fertilizers from Morocco and Russia, provided for in 3103.11.00, 3103.19.00, 3103.90.00, 3105.10.00, 3105.20.00, 3105.30.00, 3105.40.00, 3105.51.00, 3105.59.00, 3105.60.00, and 3105.90.00 of the Harmonized Tariff Schedule of the United States preliminarily determined by the Department of Commerce (“Commerce”) to be subsidized.”

Certain Movable Barrier Operator Systems and Components Thereof; Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined to: (1) Find that respondents Nortek Security & Control, LLC of Carlsbad, California; Nortek, Inc. of Providence, Rhode Island; and GTO Access Systems, LLC of Tallahassee, Florida (collectively, “Nortek”) have violated Section 337 by way of infringing claims 1 and 21 of U.S. Patent No. 7,755,223 (“the '223 patent”); and (2) issue a limited exclusion order and cease and desist orders against each Nortek respondent, and set a bond in the amount of 100 percent of the entered value of the covered products during the period of Presidential review. The investigation is hereby terminated.”

Utility Scale Wind Towers From India, Malaysia, and Spain

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 there is a reasonable indication that an industry in the United States is materially injured by reason of imports of utility scale wind towers from India, Malaysia, and Spain, provided for in subheadings 7308.20.00 and 8502.31.00 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”) and to be subsidized by the governments of India and Malaysia.[2]”

Certain Road Construction Machines and Components Thereof; Commission Decision to Institute a Rescission Proceeding; Permanent Rescission of a Seizure and Forfeiture Order; Termination of the Rescission Proceeding

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to institute a proceeding to determine whether to permanently rescind the Commission's seizure and forfeiture order (“SFO”) of January 14, 2020 (corrected January 23, 2020) issued against Wirtgen America, Inc. (“Wirtgen America”). The SFO is permanently rescinded. The rescission proceeding is terminated.”

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