This Week in Trade | 5/17 - 5/21

Here are the latest updates in trade, straight from the ITC Federal Register, from May 17, 2021 to May 21, 2021.

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. 37) granting complainants' motion for return of bonds posted by Timeless Designs Import LLC (“Timeless Designs”) on behalf of respondent Jiangsu Divine Building Technology Development Co. Ltd. (“Divine”) during the period of Presidential review. The bonds at issue are hereby returned to Timeless Designs.”

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 walk‐behind snow throwers from China, provided for in subheading 8430.20.00 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]”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 13, 2021, on behalf of Dish DBS Corporation of Englewood, Colorado; Dish Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado. Supplements to the complaint were filed on April 29, 2021, and May 3, 2021. 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 fitness devices, streaming components thereof, and systems containing same by reason of infringement of certain claims of U.S. Patent No. 9,407,564 (“the '564 patent”); U.S. Patent No. 10,469,554 (“the '554 patent”); U.S. Patent No. 10,469,555 (“the '555 patent”); U.S. Patent No. 10,757,156 (“the '156 patent”); and U.S. Patent No. 10,951,680 (“the '680 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 to institute a proceeding to determine whether to permanently rescind the Commission's limited exclusion order (“LEO”) and cease and desist order (“CDO”) issued in the above-captioned investigation. The LEO and the CDO are permanently rescinded. The rescission proceeding is terminated.”

Summary from the ITC: “The Commission hereby gives notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on potassium permanganate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part the Administrative Law Judge's (“ALJ”) final initial determination (“ID”) issued on March 16, 2021, finding no violation of section 337 in the above-referenced investigation. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice, and 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.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review: (1) An initial determination (“ID”) (Order No. 13) of the presiding administrative law judge (“ALJ”) granting complainant's unopposed motion to amend the complaint and notice of investigation (“NOI”) to substitute certain corporate entities named as respondents; to add two respondents; and to withdraw certain infringement allegations; and (2) an ID (Order No. 14) granting an unopposed joint motion to terminate the investigation as to respondent Lowe's Companies, Inc. and proposed new respondent Lowe's Home Centers, LLC (collectively, “Lowe's”), both of Mooresville, North Carolina based on settlement; and an unopposed joint motion to terminate the investigation as to respondent O'Reilly Automotive, Inc. and proposed new respondents Ozark Purchasing, LLC; O'Reilly Automotive Stores, Inc.; and O'Reilly Auto Enterprises, LLC (collectively, “O'Reilly”), all of Springfield, Missouri based on settlement. Respondents Lowe's and O'Reilly are terminated from the investigation.”

Summary from the ITC: “The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty orders on certain uncoated paper from China and Indonesia and the antidumping duty orders on certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.”

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 organic soybean meal from India, provided for in subheadings 1208.10.00 and 2304.00.00 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 India.[2]”

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