This Week in Trade | 4/4 - 4/8

Here are the latest updates in trade, straight from the ITC Federal Register, from April 4, 2022 to April 8, 2022.

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 countervailing duty orders on polyethylene terephthalate (“PET”) resin from China and India and the antidumping duty orders on PET resin from Canada, China, India, and Oman would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof, DN 3609; 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 determined to amend the notice of investigation to clarify that the scope of the investigation includes garage door openers, gate operators, and commercial operators. The Commission has also determined to institute a modification proceeding and modify the limited exclusion order (“LEO”) and the cease and desist order (“CDO”) (collectively, “the remedial orders”) issued in this investigation to explicitly recite garage door openers, gate operators, and commercial operators in the definition of covered products or articles. The modification proceeding is terminated.”

Summary from the ITC: “Notice is hereby given that the Commission has determined to review in part an initial determination (“ID”) issued by the presiding chief administrative law judge (“CALJ”) granting summary determination of violations of section 337. The Commission 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 received a complaint entitled Certain Mobile Electronic Devices, DN 3610; 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 Certain Botulinum Toxin Products and Processes for Manufacturing or Relating to Same, DN 3611 ; 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 a complaint was filed with the U.S. International Trade Commission on March 1, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Australian Mud Company Pty Ltd. of Australia and Reflex USA LLC of Chandler, Arizona. A supplement was filed on March 9, 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 core orientation systems, products containing core orientation systems, components thereof, and methods of using the same by reason of infringement of certain claims of U.S. Patent No. 7,584,055 (“the '055 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 March 3, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Peloton Interactive, Inc. of New York, New York. A supplement to the complaint was filed on March 21, 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 interactive fitness products including stationary exercise bikes, treadmills, elliptical machines, and rowing machines and components thereof by reason of infringement of certain claims of U.S. Patent No. 11,170,886 (“the '886 Patent”); U.S. Pat. No. 7,938,755 (“the '755 Patent”); U.S. Patent No. 11,183,288 (“the '288 Patent”); U.S. Patent No. 11,145,399 (“the '399 Patent”); and U.S. Pat. No. 10,864,406 (“the '406 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: “On March 24, 2022, counsel for petitioners, the American Honey Producers Association and the Sioux Honey Association, filed with the Department of Commerce and the Commission a withdrawal of their petition regarding imports of raw honey from Ukraine. Accordingly, the antidumping duty investigation concerning raw honey from Ukraine (Investigation No. 731-TA-1563 (Final)) is terminated.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 13) terminating the investigation on the basis of settlement. The investigation is terminated.”

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. 29) of the presiding administrative law judge granting summary determination of no violation of section 337. This investigation is terminated.”

Summary from the ITC: “The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigation Nos. 731-TA-1587-1590 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that 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 certain preserved mushrooms from France, Netherlands, Poland, and Spain, provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by May 16, 2022. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 23, 2022.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety the remand initial determination (“RID”) issued on December 29, 2021, finding that Complainants failed to establish the economic prong of the domestic industry requirement in the above-referenced section 337 investigation. The Commission also extends the target date to June 6, 2022.”

Summary from the ITC: “The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-681 and 731-TA-1591 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that 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 white grape juice concentrate from Argentina, provided for in subheading 2009.69.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of Argentina. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by May 16, 2022. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 23, 2022.”

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