This Week in Trade | 2/21 - 2/25

Here are the latest updates in trade, straight from the ITC Federal Register, from February 21, 2022 to February 25, 2022.

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to affirm in part, modify in part, and reverse 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 affirms the ID's determination that no violation of section 337 has occurred based on the importation of certain electronic stud finders, metal detectors, and electrical scanners. This investigation is terminated.”

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 the antidumping duty orders on circular welded carbon-quality steel pipe from Oman, Pakistan, and the United Arab Emirates 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: “The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-668-669 and 731-TA-1565-1566 (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 urea ammonium nitrate (UAN) solutions from Russia and Trinidad and Tobago, provided for in subheading 3102.80.00 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.”

Summary from the ITC: “Following receipt on January 19, 2022, of a request from the Committee on Ways and Means of the U.S. House of Representatives (Committee), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-589, African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights . The Committee requested that the Commission conduct an investigation and provide a report on the AGOA program in general and its usage, and also provide industry case studies to better understand the relative competitiveness of each sector and its impact on workers, economic development, and poverty reduction.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on February 7, 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 mobile phones and tablet computers, all with switchable connectivity, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,792,454 (the '454 patent); U.S. Patent No. 10,880,794 (“the '794 patent”); and U.S. Patent No. 8,472,999 (“the '999 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 order.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on February 2 and February 7, 2022. 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 mobile phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,151,430 (“the ’430 patent”); U.S. Patent No. 9,509,273 (“the ’273 patent”); U.S. Patent No. 9,853,621 (“the ’621 patent”); U.S. Patent No. 7,957,770 (“the ’770 patent”); and U.S. Patent No. 9,705,400 (“the ’400 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 order.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to the complaint were filed on January 27, 2022, January 31, 2022, and February 7, 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 mobile telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,102,805 (“the '805 patent”); U.S. Patent No. 9,532,355 (“the '355 patent”); U.S. Patent No. 11,139,872 (“the '872 patent”); and U.S. Patent No. 10,425,817 (“the '817 patent”). The 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 complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 19, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Apple Inc. of Cupertino, 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 cellular base station communication equipment, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 9,882,282 (“the '282 patent”); U.S. Patent No. 10,263,340 (“the '340 patent”); and U.S. Patent 9,667,290 (“the '290 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 order.”

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