This Week in Trade | 8/29 - 9/2

Here are the latest updates in trade, straight from the ITC Federal Register, from August 29, 2022 to September 2, 2022.

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined not to review an order (Order No. 75) issued by the presiding administrative law judge (“ALJ”) denying the respondents' motion for sanctions and to deny a motion for sanctions filed by complainant DivX, LLC. Both sanctions proceedings are hereby terminated.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Semiconductors and Devices and Products Containing the Same, including Printed Circuit Boards, Automotive Parts, and Automobiles, DN 3637; 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 determined to institute a rescission proceeding and to rescind a limited exclusion order (“LEO”) three cease and desist orders (“CDOs”) issued in the underlying investigation. The rescission proceeding is terminated.”

Summary from the ITC: “The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the countervailing and antidumping duty orders on biaxial integral geogrid products from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

Summary from the ITC: “The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the countervailing and antidumping duty orders on certain amorphous silica fabric from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 29, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Zodiac Pool Systems LLC of Carlsbad, California and Zodiac Pool Care Europe of France. A supplement to the complaint was filed on August 11, 2022. 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 robotic pool cleaners and components thereof by reason of the infringement of certain claims of U.S. Patent No. 8,393,029 (“the '029 patent”) and U.S. Patent No. 8,393,031 (“the '031 patent”). The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute.”

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 brass sheet and strip from France, Germany, Italy, and Japan 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 paper clips 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 reviews pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the countervailing duty order on imports of stainless steel sheet and strip from Korea and the antidumping duty orders on imports of stainless steel sheet and strip 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.”

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 steel nails from the United Arab Emirates 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 termination of the suspended investigation on uranium from Russia 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.”

Determination from the ITC: “On the basis of the record [1] 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 termination of the suspended investigation on lemon juice from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.[2]”

Determination from the ITC: “On the basis of the record [1] 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 glycine 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.[2]”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ampt, LLC of Fort Collins, Colorado. The complaint was supplemented by letters on August 4, 11, and 15, 2022. 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 solar power optimizers, inverters, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,673,630 (“the '630 patent”) and U.S. Patent 11,289,917 (“the '917 patent”). The complaint further alleges that an industry in the United States exists and/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 has found the requirements of the Tariff Act of 1930, as amended, met, based on a complaint filed by the NOCO Company alleging a violation with respect to U.S. Trademark Registration Nos. 4,811,656 (“the '656 mark”) and 4,811,749 (“the '749 mark”) by defaulting respondent Zhejiang Quingyou Electronic Commerce Co., Ltd. (“Zhejiang Quingyou”) and with respect to the '749 mark by defaulting respondent Shenzhen Mediatek Tong Technology Co., Ltd. (“Mediatek”). The Commission has determined to issue a limited exclusion order against defaulting respondents Zhejiang Quingyou and Mediatek. The investigation is terminated.”

Summary from the ITC: “The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty orders on frozen warmwater shrimp from China, India, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.”

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 artists' canvas from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 8) terminating the investigation based on withdrawal of the complaint.”

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