This Week in Trade | 4/6 - 4/10
Here are the latest updates in trade, straight from the ITC Federal Register, from April 6, 2020 to April 10, 2020.
Certain Electronic Candle Products and Components Thereof; Notice of Institution of Investigation
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 2, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of L&L Candle Company LLC of Brea, California, and Sotera Tschetter, Inc. of St. Paul, Minnesota. Supplements to the complaint were filed on March 18 and 20, 2020. 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 candle products and components thereof by reason of infringement of certain claims of United States Patent Nos. 8,550,660 (“the '660 patent”), 9,366,402 (“the '402 patent”), 9,512,971 (“the '971 patent”), 9,523,471 (“the '471 patent”), and 10,533,718 (“the '718 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 institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-645 and 731-TA-1495-1501 (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 mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam, provided for in subheadings 9404.21.00, 9404.29.10, 9404.29.90, 9401.40.00, and 9401.90.50 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 by reason of imports of mattresses from China alleged to be subsidized by the Government of China. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by May 15, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 22, 2020.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review the Administrative Law Judge's (“ALJ”) initial determination (“ID”) (Order No. 7) terminating the investigation in its entirety based on withdrawal of the complaint. The investigation is terminated.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order (“LEO”) against infringing products from Ningbo Huadian Cross Country Automobile Accessories Co., Ltd. (“Ningbo”) of Ningbo, China and a cease and desist order (“CDO”) against Ningbo. The investigation is terminated.”
Carbon and Alloy Steel Threaded Rod From China and India; Determinations
Determination from the ITC: “On the basis of the record 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 carbon and alloy steel threaded rod (“threaded rod”) from China and India, provided for in subheadings 7318.15.50, 7318.15.20, and 7318.19.00 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 governments of China and India.”
Summary from the ITC: “Notice is hereby given that, on February 18, 2020, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337 in the above-captioned investigation. On April 3, 2020, the ALJ issued a Recommended Determination on Remedy and Bond. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.”
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. 14) issued by the administrative law judge (“ALJ”) on February 18, 2020, granting summary determination that the defaulting respondents have violated section 337 of the Tariff Act of 1930, as amended. The Commission requests written submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.”
Notice of Amended 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 an amended complaint entitled Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, Components Thereof, and Products Containing the Same, DN 3432; 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.”
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