This Week in Trade | 9/12 - 9/16

Here are the latest updates in trade, straight from the ITC Federal Register, from September 12, 2022 to September 16, 2022.

Summary from the ITC: “Notice is hereby given that on September 1, 2022, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of the Tariff Act of 1930. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.”

Supplementary Information from the ITC: “On May 31, 2022, the Commission established a schedule for the conduct of the full five-year reviews (87 FR 34298). The Commission is revising its schedule.

The Commission's revised dates in the schedule are as follows: the Commission will make its final release of information on November 15, 2022; and final party comments are due on November 17, 2022 (final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission's rules).”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 5, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Purple Innovation, LLC of Lehi, Utah. Supplements to the complaint were filed on August 9, 2022 and August 22, 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 pillows and seat cushions, components thereof, and packaging thereof by reason of the infringement of: (1) certain claims of U.S. Design Patent No. D909,092 (“the '092 patent”); U.S. Patent No. 10,772,445 (“the '445 patent”); and U.S. Patent No. 10,863,837 (“the '837 patent”); (2) U.S. Trademark Registration No. 5,661,556 (“the '556 mark”) and U.S. Trademark Registration No. 6,551,053 (“the '053 mark”) and that an industry in the United States exists as required by the applicable Federal Statute. The complaint further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain pillows and seat cushions, components thereof, and packaging thereof by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited and a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.”

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 stainless steel sheet and strip 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 (“Commission”) has determined that a violation of the Tariff Act of 1930, as amended, has occurred with respect to U.S. Patent No. 7,371,117 (“the '117 patent”). The Commission has determined that no violation of section 337 has occurred as to U.S. Patent Nos. 9,705,255 (“the '255 patent”) and 10,381,767 (“the '767 patent”). The Commission has issued a limited exclusion order (“LEO”) prohibiting the importation of certain electrical connectors and cages, components thereof, and products containing the same that infringe certain claims of the '117 patent, as well as cease and desist orders (“CDOs”) against the named respondents. This investigation is terminated.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 9, 2022, under the Tariff Act of 1930, as amended, on behalf of Google LLC of Mountain View, California. A supplement was filed on August 24, 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 audio players and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,024,311 (“the '311 patent”); U.S. Patent No. 9,812,128 (“the '128 patent”); U.S. Patent No. 9,632,748 (“the '748 patent”); and U.S. Patent No. 11,050,615 (“the '615 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 a desist order.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 9, 2022, under the Tariff Act of 1930, as amended, on behalf of Google LLC of Mountain View, California. A supplement was filed on August 24, 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 audio players and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,593,330 (“the '330 patent”); U.S. Patent No. 10,134,398 (“the '398 patent”); and U.S. Patent No. 7,705,565 (“the '565 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 a desist order.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II), DN 3638; 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 on September 9, 2022, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.”

Summary from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 9, 2022, under the Tariff Act of 1930, as amended, on behalf of Google LLC of Mountain View, California. A supplement was filed on August 24, 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 audio players and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,024,311 (“the '311 patent”); U.S. Patent No. 9,812,128 (“the '128 patent”); U.S. Patent No. 9,632,748 (“the '748 patent”); and U.S. Patent No. 11,050,615 (“the '615 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 a desist order.”

Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in the above-captioned investigation. The Commission has determined to issue: (1) a limited exclusion order (“LEO”) prohibiting the unlicensed entry of infringing plant-derived recombinant human serum albumins (“rHSA”) and products containing the same covered by certain claims of U.S. Patent No. 10,618,951 that are manufactured by or on behalf of, or imported by or on behalf of, respondents Wuhan Healthgen Biotechnology Corp. (“Healthgen”); ScienCell Research Laboratories, Inc. (“ScienCell”); Aspira Scientific, Inc. (“Aspira”); and eEnzyme LLC (“eEnzyme”) or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and the entry of plant-derived rHSAs and products containing the same that include a false designation of origin that are manufactured by or on behalf of, or imported by or on behalf of, ScienCell, Aspira, or eEnzyme or any of their affiliated companies, parents, subsidiaries, agents, or other related business entities, or their successors or assigns; and (2) cease and desist orders (“CDOs”) directed against ScienCell, Aspira, and eEnzyme, and any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. This investigation is terminated.”

Supplementary Information from the ITC: “On May 31, 2022, the Commission established a schedule for the conduct of the full five-year reviews (87 FR 34298). The Commission hereby gives notice that the hearing in connection with the reviews will be held in-person at the U.S. International Trade Commission Building beginning at 9:30 a.m. on September 29, 2022.

Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before September 22, 2022. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear as a witness via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may at their discretion for good cause shown, grant such requests. Requests to appear as a witness via videoconference due to illness or a positive COVID-19 test result may be submitted by 3 p.m. the business day prior to the hearing.”

At Export Portal, we believe in giving our users everything they need to trade online with confidence. Subscribe to our newsletter today to stay informed!