This Week in Trade | 4/12 - 4/16

Here are the latest updates in trade, straight from the ITC Federal Register, from April 12, 2021 to April 16, 2021.

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York; and Canon Virginia, Inc. of Newport News, Virginia. A supplement was filed on March 26, 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 toner supply containers and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,209,667 (“the '667 patent”); U.S. Patent No. 10,289,060 (“the '060 patent”); U.S. Patent No. 10,289,061 (“the '061 patent”); U.S. Patent No. 10,295,957 (“the '957 patent”); U.S. Patent No. 10,488,814 (“the '814 patent”); U.S. Patent No. 10,496,032 (“the '032 patent”); U.S. Patent No. 10,496,033 (“the '033 patent”); U.S. Patent No. 10,514,654 (“the '654 patent”): U.S. Patent No. 10,520,881 (“the '881 patent”); U.S. Patent No. 10,520,882 (“the '882 patent”); U.S. Patent No. 8,565,649 (“the '649 patent”); U.S. Patent No. 9,354,551 (“the '551 patent”); and U.S. Patent No. 9,753,402 (“the '402 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.”

Summary from the ITC: “The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the countervailing and antidumping duty orders on certain steel grating from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York; and Canon Virginia, Inc. of Newport News, Virginia. A supplement was filed on March 26, 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 toner supply containers and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,209,667 (“the '667 patent”); U.S. Patent No. 10,289,060 (“the '060 patent”); U.S. Patent No. 10,289,061 (“the '061 patent”); U.S. Patent No. 10,295,957 (“the '957 patent”); U.S. Patent No. 10,488,814 (“the '814 patent”); U.S. Patent No. 10,496,032 (“the '032 patent”); U.S. Patent No. 10,496,033 (“the '033 patent”); U.S. Patent No. 10,514,654 (“the '654 patent”): U.S. Patent No. 10,520,881 (“the '881 patent”); U.S. Patent No. 10,520,882 (“the '882 patent”); U.S. Patent No. 8,565,649 (“the '649 patent”); U.S. Patent No. 9,354,551 (“the '551 patent”); and U.S. Patent No. 9,753,402 (“the '402 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.”

Summary from the ITC: “The Commission has scheduled a public hearing for June 8, 2021, and is inviting the public to submit information in connection with the preparation of its 25th report under section 215 of the Caribbean Basin Economic Recovery Act, which requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers and on the economy of the beneficiary countries. The report is being prepared under Commission Investigation No. 332-227, Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries. The report will cover trade during calendar years 2019 and 2020, and the report will be transmitted to the Congress and the President by September 30, 2021.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 9, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Wangs Alliance Corporation d/b/a WAC Lighting. A supplement to the complaint was filed on March 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 LED landscape lighting devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,571,101 (“the '101 patent”) and U.S. Patent No. 10,920,971 (“the '971 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.”

Summary 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. 15) of the presiding administrative law judge (“ALJ”) granting complainant and respondent's joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same, DN 3543; 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 the U.S. International Trade Commission has received a complaint entitled In the Matter of Certain Televisions, Remote Controls, and Components Thereof, DN 3542; 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.”

Determinations 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 twist ties from China, provided for in subheadings 8309.90.00 and 5609.00.30 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]”

Summary from the ITC: “The United States International Trade Commission (Commission) is correcting a final rule that appeared in the Federal Register on April 8, 2021. The rule concerns the practices and procedures for investigations of United States-Mexico cross-border long-haul trucking services provided for in the United States-Mexico-Canada Agreement Implementation Act.”

Determination from the ITC: “On the basis of the record [1] developed in the subject investigation, 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 not materially injured or threatened with material injury, and the establishment of an industry in the United States is not materially retarded by reason of imports of ultra-high molecular weight polyethylene from Korea, provided for in subheadings 3901.10.10 and 3901.20.10 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”).[2]”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to review in part a final initial determination (“FID”) of the presiding administrative law judge (“ALJ”) finding no violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. 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.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (“ID”) of the presiding administrative law judge (“ALJ”) finding no violation of section 337. On review, the Commission has determined to affirm the final ID's finding of no violation of section 337. The investigation is terminated.”

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-660-661 and 731-TA-1543-1545 (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 utility scale wind towers from India, Malaysia, and Spain, provided for in subheadings 7308.20.00 and 8502.31.00 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 and subsidized by the Governments of India and Malaysia.”

Determinations 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 silicon metal, provided for in subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the United States, from Bosnia and Herzegovina and from Iceland, 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 from Kazakhstan, that have been found by Commerce to be subsidized by the Government of Kazakhstan.[2]”

Determinations 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 certain mobile access equipment and subassemblies thereof (“mobile access equipment”) from China, provided for in subheadings 8427.10.80, 8427.20.80, 8427.90.00, and 8431.20.00 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 China.[2]”

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