This Week in Trade | 2/8 - 2/12
Here are the latest updates in trade, straight from the ITC Federal Register, from February 8, 2021 to February 12, 2021.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 4, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas; Telefonaktiebolaget LM Ericsson of Sweden; and Ericsson AB of Sweden. Supplements were filed on January 5, 8, 12, 14, 21, and 27, 2021. 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 electronic devices with wireless connectivity, components thereof, 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. 6,879,849 (“the '849 patent”); U.S. Patent No. 7,286,823 (“the '823 patent”); and U.S. Patent No. 9,313,178 (“the '178 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 orders.”
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 Semiconductor Devices, Wireless Infrastructure Equipment Containing the Same, and Components Thereof, DN 3532; 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 on February 4, 2021, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.”
Passenger Vehicle and Light Truck Tires From China; Determinations
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 antidumping and countervailing duty orders on passenger vehicle and light truck tires from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.[2]
Certain Wireless Communications Equipment and Components Thereof; Institution of Investigation
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 7, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. of Ridgefield Park, New Jersey. A supplement to the complaint was filed on January 25, 2021. 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 wireless communications equipment and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,041,074 (“the '074 patent”); U.S. Patent No. 9,521,616 (“the '616 patent”); U.S. Patent No. 9,736,772 (“the '772 patent”); and U.S. Patent No. 10,797,405 (“the '405 patent”). The complaint further alleges that an industry in the United States exists or 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 cease and desist orders.”
Certain Integrated Circuits and Products Containing the Same; Institution of Investigation
Summary from the ITC: “Notice is hereby given that a complaint and motion for temporary relief were filed with the U.S. International Trade Commission on December 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Tela Innovations, Inc. of Los Gatos, California. Supplements were filed on December 30, 2020, and February 3, 2021. The motion for temporary relief was withdrawn on February 3, 2021. 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 circuits and products containing the same by reason of infringement of certain claims of U.S. Patent No. 10,186,523 (“the '523 patent”). The complaint further alleges that an industry in the United States exists and/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.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined not to review an initial determination (“ID”) (Order No. 53) of the presiding chief administrative law judge (“CALJ”) granting complainants' corrected motion (1) for leave to amend the complaint and notice of investigation to reflect the respondents' corporate reorganization and (2) to withdraw allegations concerning certain claims of U.S. Patent No. 10,121,994 (“the '994 patent”) from the complaint.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined not to review an initial determination (“ID”) (Order No. 66) of the presiding administrative law judge (“ALJ”) that terminates the investigation as to the remaining respondents (Amazon, Dell, Lenovo, Microsoft, Motorola, and Samsung) based on a settlement. This investigation is terminated.”
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