This Week in Trade | 2/10 - 2/14
Here are the latest updates in trade, straight from the ITC Federal Register, from February 10, 2020 to February 14, 2020.
Summary of Commission Practice Relating to Administrative Protective Orders
Summary from the ITC: “Since February 1991, the U.S. International Trade Commission (“Commission”) has published in the Federal Register reports on the status of its practice with respect to breaches of its administrative protective orders (“APOs”) under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII, and violations of the Commission's rules, including the rule on bracketing business proprietary information (the “24-hour rule”). This notice provides a summary of APO breach investigations completed during fiscal years 2018 and 2019. The Commission intends for this report to inform representatives of parties to Commission proceedings of the specific types of APO breaches before the Commission and the corresponding types of actions that the Commission has taken.”
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 Spa Pumps, Jet Pump Housing, Motors, Components Thereof, and Products Containing the Same DN 3432; 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: “The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-638 and 731-TA-1473 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that 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 corrosion inhibitors from China, provided for in subheading 2933.99.82 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by March 23, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by March 30, 2020.”
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 7, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sonos, Inc. of Santa Barbara, California. 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 audio players and controllers, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 9,195,258 (“the '258 patent”); U.S. Patent No. 10,209,953 (“the '953 patent”); U.S. Patent No. 8,588,949 (“the '949 patent”); U.S. Patent No. 9,219,959 (“the '959 patent”); and U.S. Patent No. 10,439,896 (“the '896 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.”
Quartz Surface Products From India and Turkey; Revised Schedule for the Subject Investigations
Summary from the ITC: “Julie Duffy (202-708-2579), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.”
Summary 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 countervailing duty orders on non-oriented electrical steel (“NOES”) from China and Taiwan and the antidumping duty orders on NOES from China, Germany, Japan, Korea, Sweden, 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.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review a remand initial determination (“RID”) of the presiding administrative law judge (“ALJ”) in part. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice. The Commission also requests briefing from the parties, government agencies, and interested persons on the issues of remedy, the public interest, and bonding. The Commission has also determined to extend the target date for the completion of the above-captioned investigation to May 28, 2020.”
Fabricated Structural Steel From Canada; Termination of Investigation
Summary from the ITC: “On January 30, 2020, the U.S. Department of Commerce published notice in the Federal Register of a negative final countervailing duty determination in connection with the subject investigation concerning Canada (85 FR 5387). Accordingly, the U.S. International Trade Commission's countervailing duty investigation concerning fabricated structural steel from Canada (Investigation No. 701-TA-615 (Final)) is terminated.”
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