This Week in Trade | 11/14 - 11/18
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 Marine Air Conditioning Systems, Components Thereof, and Products Containing the Same, DN 3654; 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 October 6, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bell Semiconductor, LLC of Bethlehem, Pennsylvania. Supplements to the complaint were filed on October 21 and 28, 2022. 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, semiconductor devices, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,231,626 (“the '626 Patent”) and U.S. Patent No. 7,260,803 (“the '803 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.”
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. 46) of the presiding administrative law judge (“ALJ”), granting a joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is terminated in its entirety.”
Matters to be considered from the ITC: “
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Agendas for future meetings: none.
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Minutes.
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Ratification List.
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Commission vote on Inv. Nos. 701-TA-683 and 731-TA-1594-1596 (Preliminary) (Paper File Folders from China, India, and Vietnam). The Commission currently is scheduled to complete and file its determinations on November 28, 2022; views of the Commission currently are scheduled to be completed and filed on December 5, 2022.
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Outstanding action jackets: none.”
Summary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“the Commission”) has determined not to review an initial determination (“ID”) (Order No. 6) of the presiding administrative law judge (“ALJ”): (1) terminating the investigation as to respondent Coates Visual LLC (“Coates Visual”) of Chicago, Illinois; and (2) granting complainant's motion to amend the complaint and notice of investigation (“NOI”) in the above-captioned investigation to add respondent Coates US Inc. (“Coates US”) of Chicago, Illinois.”
Certain Freight Rail Couplers and Parts Thereof From China and Mexico
Determinations from the ITC: “On the basis of the record [1] 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 freight rail couplers and parts thereof from China and Mexico, provided for in subheadings 8607.30.10 and 7326.90.86 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.[2]”
Summary from the ITC: “The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (“the Act”) 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. The Commission has determined to exercise its authority to extend the review period by up to 90 days.”
Summary of Commission Practice Relating to Administrative Protective Orders
Summary from the ITC: “Since February 1991, the U.S. International Trade Commission (“Commission”) has published in the Federal Register reports on the status of its practice with respect to breaches of its administrative protective orders (“APOs”) under the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission's rules, including the rule on bracketing business proprietary information (the “24-hour rule”). This notice provides a summary of APO breach investigations completed during fiscal year 2022. This summary addresses APO breach investigations related to proceedings under both title VII and section 337 of the Tariff Act of 1930. The Commission intends for this summary to inform representatives of parties to Commission proceedings of the specific types of APO breaches before the Commission and the corresponding types of actions that the Commission has taken.”
Oil Country Tubular Goods From Argentina, Mexico, Russia, and South Korea
Determinations from the ITC: “On the basis of the record [1] 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 oil country tubular goods from Argentina and Mexico provided for in subheadings 7304.29, 7305.20, and 7306.29 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”); by reason of imports of oil country tubular goods from Russia that have been found by Commerce to be sold in the United States at LTFV and subsidized by the government of Russia; and by reason of imports of oil country tubular goods from South Korea that have been found by Commerce to be subsidized by the government of South Korea.[2 3]”
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