This Week in Trade | 2/28 - 3/4
Here are the latest updates in trade, straight from the ITC Federal Register, from February 28, 2022 to March 4, 2022.
Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor; Commission Determination Not To Review an Initial Determination Terminating a Final Respondent Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and BondingSummary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 29) terminating the final, non-defaulting respondent, Shanghai Chemtron Biotech Co. Ltd., in the above-captioned investigation based on settlement. The Commission has further determined to find that the complainants' declaration seeking immediate relief against a respondent previously found to be in default is moot. The Commission also requests written submissions from the parties, interested government agencies, and interested persons on remedy, the public interest, and bonding concerning the defaulted respondent.”
Certain LTE-Compliant Cellular Communication Devices; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Terminate the Investigation Based on Withdrawal of the Complaint Allegations; Termination of the InvestigationSummary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 36) of the presiding Administrative Law Judge (“ALJ”) granting complainant's motion to terminate the investigation in its entirety based on withdrawal of the complaint allegations.”
Acrylonitrile-Butadiene Rubber (NBR) From France, Mexico, and South Korea; 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 investigation Nos. 731-TA-1567-1569 (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 acrylonitrile-butadiene rubber (NBR) from France, Mexico, and South Korea, provided for in subheading 4002.59.00 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.”
Stainless Steel Sheet and Strip From China; Institution of Five-Year ReviewsSummary 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 stainless steel sheet and strip 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.”
1,1,1,2-Tetrafluoroethane (R-134a) From China; Institution of a Five-Year ReviewSummary 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 1,1,1,2-Tetrafluoroethane (R-134a) 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.”
Pure Magnesium From China; Institution of a Five-Year ReviewSummary 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 pure magnesium 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.”
Aluminum Extrusions From China; Institution of Five-Year ReviewsSummary 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 aluminum extrusions 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.”
Phosphor Copper From Korea; Institution of a Five-Year ReviewSummary 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 phosphor copper from Korea 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.”
Pentafluoroethane (R-125) From ChinaDeterminations 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 an industry in the United States is materially injured by reason of imports of pentafluoroethane (“R-125”) from China, provided for in subheading 2903.44.10 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”), and to be subsidized by the government of China.[2] [3] [4]”
Certain Products Containing Pyraclostrobin and Components Thereof Notice of InstitutionSummary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of BASF SE of Germany and BASF Corporation, Florham Park, New Jersey. A supplement to the Complaint was filed on February 15, 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 products containing pyraclostrobin and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,816,392 (“the '392 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.”
Certain Mobile Access Equipment and Subassemblies Thereof From China; Supplemental Schedule for the Final Phase of Antidumping Duty InvestigationSupplementary Information from the ITC: “Effective July 30, 2021, the Commission established a general schedule for the conduct of the final phase of its countervailing duty and antidumping duty investigations on certain mobile access equipment and subassemblies thereof (“mobile access equipment”) from China, following a preliminary determination by the U.S. Department of Commerce (“Commerce”) that imports of subject mobile access equipment from China were subsidized by the government of China (86 FR 41013, July 30, 2021). Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on August 12, 2021 (86 FR 44402). In light of the restrictions on access to the Commission building due to the COVID-19 pandemic, the Commission conducted its hearing through written testimony and video conference on October 12, 2021. All persons who requested the opportunity were permitted to participate.”
Sodium Nitrite From India and RussiaDeterminations 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 sodium nitrite from India and Russia, provided for in subheading 2834.10.10 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 Russia.[2]”
Barium Chloride From India; DeterminationsDeterminations 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 barium chloride from India, provided for in subheading 2827.39.45 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 government of India.[2]”
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