This Week in Trade | 6/1 - 6/5
Here are the latest updates in trade, straight from the ITC Federal Register, from June 1, 2020 to June 5, 2020.
Certain Synthetic Roofing Underlayment Products 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 24, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Kirsch Research and Development, LLC, of Simi Valley, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and/or the sale within the United certain synthetic roofing underlayment products and components thereof States after importation of certain synthetic roofing underlayment products and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,765,251 (“the '251 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.”
Steel Nails From Korea, Malaysia, Oman, Taiwan, and Vietnam; Institution of Five-Year Reviews
Summary from the ITC: “The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the countervailing duty order on steel nails from Vietnam and revocation of the 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. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.”
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 countervailing duty orders on non-oriented electrical steel from China and Taiwan and revocation of the antidumping duty orders on non-oriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan 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: “The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-648 and 731-TA-1521-1522 (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 walk-behind lawn mowers from China and Vietnam, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce (“Commerce”) extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by July 10, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by July 17, 2020.”
Summary from the ITC: “The Commission has changed the date of its public hearing for Investigation No. 332-575: Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries from May 12, 2020 to September 3, 2020; and the date has changed for transmittal of its report to the U.S. House of Representatives Committee on Ways and Means (Committee) in this investigation from December 19, 2020 to February 18, 2021 due to COVID-19.”
Summary from the ITC: “Notice is hereby given that the presiding administrative law judge (“ALJ”) has issued an Initial Determination Granting Complainants' Motion for Summary Determination of Violation of Section 337 by certain defaulting respondents and Recommended Determination on Remedy and Bonding 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. Parties are to file public interest submissions pursuant to Commission rules.”
Summary from the ITC: “Notice is hereby given that on May 22, 2020, 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 the U.S. International Trade Commission (“Commission”) has determined to review-in-part an initial determination (“ID”) (Order No. 14) 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 interested persons on the issues of remedy, the public interest, and bonding.”
Determination from the ITC: “On the basis of the record developed in the subject five-year review, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the antidumping duty order on silicon metal from Russia would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.”
Tow-Behind Lawn Groomers From China; Scheduling of an Expedited Five-Year Review
Summary from the ITC: “The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on tow-behind lawn groomers from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”
Notice of 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 a complaint entitled Certain Chemical Mechanical Planarization Slurries and Components Thereof, DN 3457; 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, on February 18, 2020, the presiding administrative law judge (“ALJ”) issued a final initial determination (“ID”) finding no violation of section 337 in the above-captioned investigation. The Commission has determined to review the ID in part and, on review, has determined to affirm the final ID's finding of no violation. The investigation is terminated.”
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 prestressed concrete steel wire strand (“PC strand”) from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates (“UAE”) provided for in subheading 7312.10.30 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 Turkey.”
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