This Week in Trade | 5/10 - 5/14

Here are the latest updates in trade, straight from the ITC Federal Register, from May 10, 2021 to May 14, 2021.

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 welded line pipe from Korea and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

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 non-refillable steel cylinders from China, provided for in subheadings 7310.29.00 and 7311.00.00 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 government of China.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to review in part the Administrative Law Judge's (“ALJ”) final initial determination (“FID”), issued on February 18, 2021, and to affirm with modifications the FID's finding of no violation of section 337 in the above-referenced investigation. The investigation is terminated.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) of the presiding Administrative Law Judge (“ALJ”) granting an unopposed motion of respondent Evolus, Inc. (“Evolus”) for the return of the bond it paid under the cease and desist order (“CDO”) during the period of Presidential review. The bond is returned to Evolus.”

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 antidumping duty order on cut-to-length carbon steel plate from China and the termination of the suspended investigations on cut-to-length carbon steel plate from Russia and Ukraine 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 the U.S. International Trade Commission has received a complaint entitled Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof, DN 3547; 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: “Following receipt of a letter from the U.S. Senate Committee on Finance (Committee) on April 8, 2021, under section 332(g) of the Tariff Act of 1930, the Commission has changed the title, scope, and schedule, including the hearing date, for Investigation No. 332-585, with the investigation to be retitled Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses. The Commission has also instituted a second Investigation in response to the letter, Investigation No. 332-586, Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses. The public hearing has been rescheduled to July 1, 2021 and will be in conjunction with both investigations. The hearing will be conducted via an online videoconferencing platform. Dates relating to written submissions have been adjusted accordingly.”

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 steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

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 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 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 by reason of imports of mattresses from China that have been found by Commerce to be subsidized by the government of China.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Celanese International Corporation of Irving, Texas; Celanese (Malta) Company 2 Limited of Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, Texas. A supplement to the complaint was filed on April 22, 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 high-potency sweeteners, processes for making same, and products containing same by reason of infringement of certain claims of U.S. Patent No. 10,023,546 (“the '546 patent”); U.S. Patent No. 10,208,004 (“the '004 patent”); U.S. Patent No. 10,590,098 (“the '098 patent”); U.S. Patent No. 10,233,163 (“the '163 patent); and U.S. Patent No. 10,590,095 (“the '095 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 a complaint was filed with the U.S. International Trade Commission on April 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Roku, Inc. of San Jose, California. A supplement to the complaint was filed on April 9, 2021, and an amended complaint was filed on April 27, 2021. The complaint, as supplemented and amended, 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 televisions, remote controls, and components thereof by reason of infringement of one or more claims of U.S. Patent No. 8,378,875 (“the '875 patent”) and U.S. Patent No. 7,388,511 (“the '511 patent”). The amended 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 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. 4) of the presiding administrative law judge (“ALJ”) granting an unopposed motion to amend the complaint and notice of investigation to substitute Johnson Controls Inc. for respondent Johnson Controls International, PLC.”

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