This Week in Trade | 3/14 - 3/18

Here are the latest updates in trade, straight from the ITC Federal Register, from March 14, 2022 to March 18, 2022.

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“the Commission”) has determined not to review a final initial determination (“ID”) of the presiding former chief administrative law judge (“CALJ”) finding a violation of section 337 by the accused products of respondent GMG Products LLC (“GMG”). The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. The Commission has also determined to extend the target date for completion of the investigation to May 12, 2022.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding as requested by Fantasia Trading, LLC (“Fantasia”). The Commission has also determined to set a target date of 180 days from the date of institution for completion of this proceeding, and to refer this matter to the Chief Administrative Law Judge (“CALJ”) for assignment to an administrative law judge (“ALJ”) for appropriate proceedings and an initial advisory opinion (“IAO”). The IAO is to be issued at the earliest practicable time, preferably within 120 days from the date of institution, but no later than 7 months after institution.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (“final ID”) issued by the presiding administrative law judge (“ALJ”) on December 10, 2021, finding no violation of section 337 of the Tariff Act of 1930, as amended. 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, interested 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 investigation to May 9, 2022.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 7, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Zebra Technologies Corporation of Lincolnshire, Illinois and Symbol Technologies, LLC of Holtsville, New York. Supplements to the complaint were filed on February 25 and 28, 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 barcode scanners, mobile computers with barcode scanning capabilities, scan engines, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,478,753 (“the '753 patent”); U.S. Patent No. 7,905,414 (“the '414 patent”); U.S. Patent No. 9,800,749 (“the '749 patent”); and U.S. Patent No. 10,732,380 (“the '380 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 a cease and desist order.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's (“ALJ”) final initial determination (“ID”) issued on December 13, 2021, finding no violation of section 337, and Order No. 33 (“ Markman Order”), issued on July 22, 2021, in the above-referenced investigation. On review, the Commission has determined to find no violation of section 337. The investigation is terminated in its entirety.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to bifurcate its review of Order No. 36 from its review of the EID in the enforcement proceeding. The Commission has determined to affirm the enforcement initial determination (“EID”) issued on December 14, 2021, finding no violation of the consent order issued in the above-referenced section 337 enforcement investigation with the modifications set forth in the accompanying Commission opinion. The enforcement proceeding is terminated. The Commission has determined to remand Order No. 36 to the Administrative Law Judge (“ALJ”) for issuance of a revised order regarding sanctions as set forth in the Commission remand order. The Commission will consider Order No. 36 in the separate sanctions proceeding.”

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