This Week in Trade | 6/28 - 7/2

Here are the latest updates in trade, straight from the ITC Federal Register, from June 28, 2021 to July 2, 2021.

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 21, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Arigna Technology Limited of Ireland. Supplements were filed on May 26, 2021, June 9, 2021, June 10, 2021, and June 11, 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 power inverters and converters, vehicles containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,247,867 (“the '867 patent”) and U.S. Patent No. 8,289,082 (“the '082 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 cease and desist orders.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined to adopt in part an initial advisory opinion (“IAO”) (Order No. 44, as corrected) issued by the presiding administrative law judge (“ALJ”). The Commission has determined to adopt the IAO's finding of non-infringement of claims 1 and 21 of U.S. Patent Nos. 7,755,223. The Commission has determined not to adopt the portions of the IAO recommending rescission of the remedial orders and discussing grant of a motion for summary determination of non-infringement. The advisory opinion proceeding is hereby terminated.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to affirm a final initial determination (“FID”) issued by the presiding administrative law judge (“ALJ”) finding that no violation of section 337 has occurred. The investigation is terminated.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 24, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Neodron Ltd. of Ireland. 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 States after importation of certain capacitive touch sensing systems, capacitive touch sensing controllers, and microcontrollers with capacitive touch sensing functionality, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,432,173 (“the '173 patent”); U.S. Patent No. 8,749,251 (“the '251 patent”); U.S. Patent No. 9,372,580 (“the '580 patent”); and U.S. Patent No. 9,024,790 (“the '790 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.”

Supplementary Information from the ITC: “Effective December 7, 2020, the Commission established a general schedule for the conduct of the final phase of its investigations on silicon metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia [1] following a preliminary determination by the U.S. Department of Commerce (“Commerce”) that imports of silicon metal from Bosnia and Herzegovina and Iceland were being sold at less than fair value (“LTFV”) [2] and that imports of silicon metal from Kazakhstan were subsidized by the government of Kazakhstan.[3] 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 December 30, 2020 (85 FR 86578). In light of the restrictions on access to the Commission building due to the COVID-19 pandemic, the Commission conducted its hearing through written testimony and video conference on February 22, 2021. All persons who requested the opportunity were permitted to participate.”

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 antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order investigation on hydrofluorocarbon blends (“HFC blends”) from China 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: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined not to review an initial determination (“ID”) (Order No. 74) of the presiding chief administrative law judge (“CALJ”) granting a joint motion to terminate the investigation on the basis of a settlement agreement. The investigation is terminated.”

Summary from the ITC: “The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China 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 that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on stainless steel wire rod from Japan, Korea, and Taiwan 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.”

Supplementary Information from the ITC: “Effective December 3, 2020, the Commission established a general schedule for the conduct of the final phase of its investigations on standard steel welded wire mesh (“wire mesh”) from Mexico (85 FR 81487, December 16, 2020), following a preliminary determination by the U.S. Department of Commerce (“Commerce”) that imports of subject wire mesh from Mexico were being subsidized by the government of Mexico (85 FR 78124, December 3, 2020). Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing 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 on December 16, 2020 (85 FR 81487). In light of the restrictions on access to the Commission building due to the COVID-19 pandemic, the Commission conducted its hearing through written testimony and video conference on February 12, 2021. All persons who requested the opportunity were permitted to participate. The Commission subsequently issued its final determination that an industry in the United States was materially injured by reason of imports of wire mesh from Mexico provided for in subheadings 7314.20.00 and 7314.39.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”) that have been found by Commerce to be subsidized by the government of Mexico (86 FR 18555, April 9, 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. 9) terminating the investigation based on settlement. The investigation is terminated.”

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