This Week in Trade | 8/10 - 8/14
Here are the latest updates in trade, straight from the ITC Federal Register, from August 10, 2020 to August 14, 2020.
Certain Movable Barrier Operator Systems and Components Thereof; Notice of Institution
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 6, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Overhead Door Corporation of Lewisville, Texas and GMI Holdings Inc. of Mount Hope, Ohio. A supplement to the complaint was filed on July 22, 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 movable barrier operator systems and components thereof by reason of infringement of U.S. Patent No. 8,970,345 (“the '345 Patent”); U.S. Patent No. 9,483,935 (”the '935 Patent”); U.S. Patent No. 7,173,516 (“the '516 Patent”); U.S. Patent No. 7,180,260 (“the '260 Patent”); U.S. Patent No. 7,956,718 (“the '718 Patent”); and U.S. Patent No. 8,410,895 (“the '895 Patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request 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 a complaint was filed with the U.S. International Trade Commission on July 2, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Nokia Technologies Oy of Finland and Nokia Corporation of Finland. Supplements to the complaint were filed on July 17, 20, and 22, 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 electronic devices, including computers, tablet computers, and components and modules thereof by reason of infringement of certain claims of U.S. Patent No. 8,144,764 (“the '764 patent”); U.S. Patent No. 7,532,808 (“the '808 patent”); U.S. Patent No. 6,950,469 (“the '469 patent”); U.S. Patent No. 7,724,818 (“the '818 patent”); and U.S. Patent No. 8,583,706 (“the '706 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.”
Certain Wrapping Material and Methods for Use in Agricultural Applications; Notice of Institution
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 7, 2020, under the Tariff Act of 1930, as amended, on behalf of Tama Group of Israel and Tama USA Inc. of Dubuque, Iowa. Supplements to the complaint were filed on July 10 and 13, 2020. 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 wrapping material and methods for use in agricultural applications by reason of infringement of U.S. Patent No. 6,787,209 (“the '209 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.”
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 Non-Invasive Aesthetic Body-Contouring Devices, Components Thereof, and Methods of Using Same DN 3484; 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.”
Large Residential Washers: Extension of Action
Summary from the ITC: “Following receipt of a petition on August 3, 2020, requesting extension of the relief action currently in place on imports of large residential washers and parts thereof, the Commission on that date instituted investigation No. TA-201-076 (Extension) under section 204(c) of the Trade Act of 1974 (“the Act”). The purpose of this investigation is to determine whether the action taken by the President under section 203 of the Act with respect to large residential washers and covered parts, provided for in subheadings 8450.20.00, 8450.11.00, 8450.90.60, and 8450.90.20 of the Harmonized Tariff Schedule of the United States (HTS), continues to be necessary to prevent or remedy serious injury and whether there is evidence that the domestic industry is making a positive adjustment to import competition.”
Ferrovanadium From China and South Africa; Determination
Determination from the ITC: “On the basis of the record 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 antidumping duty orders on ferrovanadium from China and South Africa would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.”
Phosphate Fertilizers From Morocco and Russia
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 phosphate fertilizers from Morocco and Russia, provided for in 3103.11.00; 3103.19.00; 3103.90.00; 3105.10.00; 3105.20.00; 3105.30.00; 3105.40.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.60.00; and 3105.90.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the governments of Morocco and Russia.”
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 barium carbonate 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.”
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 twist ties from China, provided for in statistical reporting numbers 8309.90.0000 and 5609.00.3000 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.”
Certain Vaporizer Cartridges and Components Thereof; Notice of Institution
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 10, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Juul Labs, Inc. of San Francisco, California. Supplements to the complaint were filed on July 21, 2020, and July 31, 2020. 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 vaporizer cartridges and components thereof by reason of infringement of U.S. Design Patent No. D842,536 (“the 'D536 patent”); U.S. Design Patent No. D858,870 (“the 'D870 patent”); U.S. Design Patent No. D858,869 (“the 'D869 patent”); and U.S. Design Patent No. D858,868 (“the 'D868 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 general exclusion order, or in the alternative 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 that there is a violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has issued a general exclusion order (“GEO”) barring entry of certain fish-handling pliers and packaging thereof that infringe the two trademarks asserted in this investigation. The investigation is terminated.”
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