This Week in Trade | 5/24 - 5/28

Here are the latest updates in trade, straight from the ITC Federal Register, from May 24, 2021 to May 28, 2021.

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. 33) of the presiding administrative law judge (“ALJ”), granting an unopposed motion to terminate the investigation in its entirety based upon settlement.”

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 and antidumping duty orders on certain steel grating from China 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: “The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether 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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey, provided for in subheadings 7607.11.30, 7607.11.60, 7607.11.90, and 7607.19.60 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be sold at less-than-fair-value and imports of aluminum foil preliminarily determined to be subsidized by the governments of Oman and Turkey.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to review in part an initial determination (“ID”) (Order No. 41) of the presiding administrative law judge (“ALJ”). The Commission requests briefing from the parties on certain issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding.”

Summary from the ITC: “Notice is hereby given that on May 14, 2021, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. The ALJ also 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 relief should the Commission find a violation. This notice is soliciting comments from the public only.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 20, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of AliveCor, Inc. of Mountain View, California. 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 wearable electronic devices with ECG functionality and components thereof by reason of infringement of one or more claims of U.S. Patent No. 10,595,731 (“the '731 patent”); U.S. Patent No. 10,638,941 (“the '941 patent”); and U.S. Patent No. 9,572,499 (“the '499 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 complainant requests 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 the U.S. International Trade Commission has received a complaint entitled Certain Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof, DN 3548; 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 Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers with Capacitive Touch Sensing Functionality, and Components Thereof, DN 3549; 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.”

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 prestressed concrete steel wire strand (“PC strand”) from Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine, provided for in subheading 7312.10.30 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”).[2]”

Supplementary information from the ITC: “Effective December 28, 2020, the Commission established a general schedule for the conduct of the final phase of its investigations on chassis and subassemblies (“chassis”) from China,[1] following a preliminary determination by the U.S. Department of Commerce (“Commerce”) that imports of chassis from China were being subsidized by the government of China.[2] Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of January 14, 2021, 2019 (86 FR 3193). The hearing was held on March 16, 2021, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission subsequently issued its final determination that an industry in the United States was materially injured by reason of imports of chassis that Commerce had determined were subsidized by the government of China. On May 11, 2021, Commerce issued its final affirmative determination that imports of chassis from China were being sold at LTFV in the United States.[3] Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigation on imports of chassis from China.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”), finding a violation of section 337 of the Tariff Act of 1930. The Commission requests written submissions from the parties on the issues under review 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.”

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