This Week in Trade | 1/31 - 2/4

Here are the latest updates in trade, straight from the ITC Federal Register, from January 31, 2022 to February 4, 2022.

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 29, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Future Link Systems, LLC of Santa Clara, California. A supplement was filed on January 18, 2022. 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 circuit products and devices containing the same by reason of infringement of certain claims of U.S. Patent No. 7,685,439 (“the '439 patent”) and U.S. Patent No. 8,099,614 (“the '614 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: “Following receipt on December 14, 2021 of a request from the U.S. Trade Representative (USTR), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-588, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, for the purpose of preparing a report that provides an overview of economic activity in FTZs operating in the United States, Canada, and Mexico since 2016, an overview of current FTZ policies and practices in the United States, Canada, and Mexico, and an analysis of the effects of current FTZ policies and practices in the United States, Canada, and Mexico on the cost-competitiveness of products of firms operating in these FTZs.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 27, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Brita LP of Switzerland. Letters supplementing the complaint were filed on January 10, 2022. 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 high-performance gravity-fed water filters and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,167,141 (“the ’141 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, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of AbbVie Inc. of Chicago, Illinois; AbbVie Biotechnology Ltd. of Bermuda; and AbbVie Operations Singapore Pte. Ltd. of Singapore. A supplement to the complaint was filed on January 4, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States and the sale of certain adalimumab, processes for manufacturing or relating to same, and products containing same by reason of the misappropriation of trade secrets and tortious interference with contractual relations, 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: “The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on artists' canvas from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.”

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping and countervailing duty orders on certain amorphous silica fabric from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.”

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping and countervailing duty orders on certain biaxial integral geogrid products from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.”

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping and countervailing duty orders on certain new pneumatic off-the-road tires from India would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.”

Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping and countervailing duty orders on ammonium sulfate from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined not to review two initial determinations (“ID”) issued by the then-presiding, former chief administrative law judge (“CALJ”) granting the complainant's motion to amend the complaint and notice of investigation to add a new respondent (Order No. 8) and extending the target date for completion of this investigation to May 2, 2023 (Order No. 9).”

Determinations from the ITC: “On the basis of the record [1] developed in the subject five-year reviews, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the countervailing duty orders on uncoated paper from China and Indonesia and the antidumping duty orders on uncoated paper from Australia, Brazil, China, Indonesia, and Portugal would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Products Containing Pyraclostrobin and Components Thereof, DN 3600; 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 November 24, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of DivX, LLC of San Diego, California. The complaint was supplemented by letter on December 7, 2021, and an amended complaint was filed on December 28, 2021. 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 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”) and U.S. Patent No. 8,472,792 (“the '792 patent”). The amended 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.”

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