This Week in Trade | 5/11 - 5/15
Here are the latest updates in trade, straight from the ITC Federal Register, from May 11, 2020 to May 15, 2020.
Summary from the ITC: “Notice is hereby given that a second amended complaint was filed with the U.S. International Trade Commission on April 6, 2020, under section 337 of the Tariff Act of 1930 on behalf of Luraco Health & Beauty, LLC of Arlington, Texas. A supplement was filed on April 21, 2020. The second amended 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 spa pumps, jet pump housings, pedicure spas, components thereof, and products containing same by reason of infringement of certain claims in U.S. Patent No. 9,926,933 (“the '933 patent”); U.S. Patent No. D622,736 (“the '736 patent”); U.S. Patent No. D751,723 (“the '723 patent”); and U.S. Patent No. 10,451,071 (“the '071 patent”). The second amended 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.”
Summary from the ITC: “Consistent with the Paperwork Reduction Act of 1995, the U.S. International Trade Commission (Commission) has submitted a proposal for the collection of information to the Office of Management and Budget (OMB) for approval. The proposed information collection is a three-year extension of the current generic clearance (approved by OMB under Control No. 3117-0016) under which the Commission can issue information collections for import injury investigations and reviews that it is required to conduct under the Tariff Act of 1930, the Trade Act of 1974, and other trade remedy statutes that require or authorize the Commission to make findings or determinations. These investigations and reviews include: Antidumping duty, countervailing duty, global safeguard, United States-Mexico-Canada Agreement safeguard, market disruption, interference with programs of the U.S. Department of Agriculture, and bilateral safeguard. Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are objectionable, describing the issue in detail, and including specific revisions or language changes.
The Commission did not receive any comments in response to the 60-day notice that it published in the Federal Register on January 29, 2020.”
Summary from the ITC: “Notice is hereby given that the presiding administrative law judge (“ALJ”) has issued a recommended determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended limited exclusion order and cease and desist orders against certain dental and orthodontic scanners and software. This notice is soliciting comments from the public only.”
Summary from the ITC: “Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bond in the above-captioned investigation. 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.”
Monosodium Glutamate From China and Indonesia; Scheduling of Full Five-Year Reviews
Summary from the ITC: “The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty orders on monosodium glutamate from China and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”
Frozen Fish Fillets From Vietnam; Scheduling of a Full Five-Year Review
Summary from the ITC: “The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on frozen fish fillets from Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined to review in part, and on review, to affirm, the final initial determination (“FID”) of the administrative law judge (“ALJ”) finding no violation of section 337 of the Tariff Act of 1930, as amended (“section 337”), in connection with the asserted patent. The investigation is terminated.”
Non-Refillable Steel Cylinders From China; 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 there is a reasonable indication 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 are alleged to be sold in the United States at less than fair value (“LTFV”) and to be subsidized by the government of China.”
Carbon Steel Wire Rod From China; Scheduling of Expedited Five-Year Reviews
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 and countervailing duty order on carbon steel wire rod from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”
Certain Tobacco Heating Articles and Components Thereof; Institution of Investigation
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 9, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of RAI Strategic Holdings, Inc. of Winston-Salem, North Carolina, R.J. Reynolds Vapor Company of Winston-Salem, North Carolina, and R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina. A letter supplementing the complaint was filed on April 16, 2020. 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 tobacco heating articles and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,839,238 (“the '238 patent”); U.S. Patent No. 9,901,123 (“the '123 patent”); and U.S. Patent No. 9,930,915 (“the '915 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.”
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