This Week in Trade | 8/9 - 8/13

Here are the latest updates in trade, straight from the ITC Federal Register, from August 9, 2021 to August 13, 2021.

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation and has issued a general exclusion order prohibiting the importation of infringing high-density fiber optic equipment and components thereof and cease and desist orders directed against Respondents Leviton Manufacturing Co., Inc. (“Leviton”), Panduit Corporation (“Panduit”), and FS.com Inc. (“FS”).”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 2, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Criterion Technology, Inc. of Thomaston, Georgia. A supplement was filed on July 23, 2021. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain optical enclosures, components thereof, and products containing the same by reason of the misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. 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 a recommended determination (“RD”) of the presiding chief administrative law judge (“CALJ”) finding that redesigned products of respondent Koki Holdings America Ltd. (“Koki”) of Braselton, Georgia are not covered by the limited exclusion order (“LEO”) and cease and desist order (“CDO”) issued in the underlying investigation. The Commission has terminated the modification proceeding.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (“final ID”) issued by the presiding administrative law judge (“ALJ”) on June 4, 2021, finding no violation of section 337 of the Tariff Act of 1930, as amended. 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 [1] developed in the subject investigation, 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 seamless refined copper pipe and tube (“SRC pipe and tube”) from Vietnam, provided for in subheading 7411.10.10 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”).[2]”

Summary from the ITC: “Following receipt of petitions on August 2, 2021 and August 4, 2021, requesting extension of the relief action currently in place on imports of crystalline silicon photovoltaic (“CSPV”) cells (whether or not partially or fully assembled into other products), the Commission instituted investigation No. TA-201-075 (Extension) under 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 certain CSPV cells, whether or not partially or fully assembled into other products (including, but not limited to, modules, laminates, panels, and building-integrated materials) (“CSPV products”), described in Proclamation 9693 of January 23, 2018, as modified by Proclamation 10101 of October 10, 2020, 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.”

Summary from the ITC: “The Commission hereby gives notice of the scheduling of the final phase of countervailing and antidumping duty investigation Nos. 701-TA-665 and 731-TA-1557 (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 certain mobile access equipment and subassemblies thereof (“mobile access equipment”) from China, provided for in subheadings 8427.10.80, 8427.20.80, 8427.90.00, and 8431.20.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be subsidized. The determination with respect to imports of mobile access equipment alleged to be sold at less-than-fair-value is pending.”

Determination from the ITC: “On the basis of the record [1] developed in the subject investigation, 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 (“wind towers”) from Spain, 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”).[2]”

Summary from the ITC: ”Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same, DN 3565; 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 a complaint was filed with the U.S. International Trade Commission on June 1, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Proven Networks, LLC of Los Angeles, California. An amended complaint was filed on June 11, 2021, and a supplement to the amended complaint was filed on July 27, 2021. The amended 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 networking devices, computers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,687,573 (“the '573 patent”). The amended 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.”

Determination from the ITC: “On the basis of the record [1] developed in the subject investigation, 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 silicon metal, provided for in subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule of the United States, from Malaysia, 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”).”

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. 6) of the presiding administrative law judge (“ALJ”), terminating the investigation in its entirety based on settlement. This investigation is terminated.”

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