This Week in Trade | 8/24 - 8/28
Here are the latest updates in trade, straight from the ITC Federal Register, from August 24, 2020 to August 28, 2020.
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined to issue a limited exclusion order and cease and desist orders against the following respondents found in default in this investigation: AJ Auto Spare Parts FZE of Dubai, United Arab Emirates; John Auto Spare Parts Co. LLC of Dubai, United Arab Emirates; and Cuong Anh Co. Ltd. of Ninh Binh Province, Vietnam (collectively, “the Defaulting Respondents”). The Commission has also determined to impose a bond equal to one hundred (100) percent of the entered value of the infringing products imported during the period of Presidential review. The investigation is hereby terminated.”
Certain Mobile Electronic Devices and Laptop Computers; Institution of Investigation
Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 17, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. 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 mobile electronic devices and laptop computers by reason of infringement of certain claims of U.S. Patent No. 7,203,517 (“the '517 patent”); U.S. Patent No. 8,982,086 (“the '086 patent”); U.S. Patent No. 7,199,821 (“the '821 patent”); U.S. Patent No. 10,129,590 (“the '590 patent”); and U.S. Patent No. 10,176,848 (“the '848 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 a cease and desist order.”
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) of the presiding administrative law judge (“ALJ”) granting the complainants' motion for leave to amend the complaint and notice of investigation.”
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-632-635 and 731-TA-1466-1468 (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 fluid end blocks from China, Germany, India, and Italy, provided for in subheadings 7218.91.00, 7218.99.00, 7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 of the Harmonized Tariff Schedule of the United States. The Department of Commerce (“Commerce”) has preliminarily determined imports of fluid end blocks from China, Germany, India, and Italy to be subsidized and imports of fluid end blocks from Germany and Italy to be sold at less-than-fair-value. In addition, Commerce has made a preliminary negative determination of sales at less-than-fair value in the antidumping duty investigation of fluid end blocks from India.”
Certain Height-Adjustable Desk Platforms 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 July 20, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Versa Products Inc. of Los Angeles, California. Supplements to the complaint were filed on July 22, July 31, and August 7, 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 height-adjustable desk platforms and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,485,336 (“the '336 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.”
Utility Scale Wind Towers From Canada, Indonesia, Korea, and Vietnam
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 an industry in the United States is materially injured by reason of imports of utility scale wind towers from Canada, Indonesia, Korea, and Vietnam, provided for in subheadings 7308.20.00 and 8502.31.00 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”), and to be subsidized by the governments of Canada, Indonesia, and Vietnam.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined that: (i) The respondents have violated Section 337 of the Tariff Act of 1930, as amended, by importing, selling for importation, or selling in the United States after importation certain unmanned aerial vehicles (“UAVs”) that infringe complainant's U.S. Patent No. 9,260,184 (“the '184 patent”); (2) the respondents' redesigned rotor locking assemblies were not ripe for adjudication in this investigation; (3) the appropriate remedies are a limited exclusion order and cease and desist orders; and (4) enforcement of said remedial orders will be suspended pending final resolution of a Final Written Decision by the Patent and Trademark Office (“PTAB”) that the asserted claims of the '184 patent are unpatentable. This investigation is terminated.”
Recent Trends in U.S. Services Trade, 2021 Annual Report
Summary from the ITC: “The Commission has prepared and published annual reports in this series under Investigation No. 332-345, Recent Trends in U.S. Services Trade, since 1996. The 2021 report, which the Commission plans to publish in April 2021, will provide aggregate data on cross-border trade in services for the period ending in 2019, and transactions by affiliates based outside the country of their parent firm for the period ending in 2018. The report's analysis will focus on professional services (including management consulting services, research and development services, education services, healthcare services, architecture and engineering services, and legal services). The Commission is inviting interested members of the public to furnish information and views in connection with the 2021 report.”
Summary from the ITC: “Following receipt on August 13, 2020, of a joint request from the House Committee on Ways and Means and the Senate Committee on Finance (the Committees), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-580, COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges, for the purpose of providing a report that provides detailed information on COVID-related industry sectors and particular products identified in Commission inv. No. 332-576, COVID-19 Related Goods, U.S. Imports and Tariffs.”
Summary from the ITC: “Following receipt of a request dated July 29, 2020 from the U.S. Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-579: Lobsters: Effects of the Canada-EU Trade Agreement on the U.S. Industry.”
Certain Metal Lockers and Parts Thereof From China; Determinations
Determination form 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 certain metal lockers and parts thereof from China, provided for in subheadings 9403.20.00 and 9403.90.80 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.”
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 seamless carbon and alloy steel standard, line, and pressure pipe from Czechia, Korea, Russia, and Ukraine, provided for in subheadings 7304.19.10, 7304.19.50, 7304.31.60, 7304.39.00, 7304.51.50, 7304.59.60, and 7304.59.80 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 Governments of Korea and Russia.”
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. 21) of the presiding administrative law judge (“ALJ”), terminating the investigation in its entirety based on a settlement agreement.”
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