This Week in Trade | 12/26 - 12/30
Determinations from the ITC: “On the basis of the record [1] developed in the subject five-year reviews, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the antidumping duty orders on chlorinated isocyanurates from China and Spain 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]”
Stainless Steel Wire Rod From IndiaDetermination 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 stainless steel wire rod from India would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.“
Ammonium Sulfate From China; Cancellation of Hearing for Full Five-Year ReviewsSupplementary information from the ITC: “On August 1, 2022, the Commission established a schedule for the conduct of the full five-year reviews (87 FR 47463 August 3, 2022), and on September 19, 2022, gave notice of updated information related to the conduct of the hearing for these reviews (87 FR 58134 September 23, 2022). On November 29, 2022, counsel for the Committee for Fair Trade in Ammonium Sulfate filed a request to appear at the hearing. No other parties submitted a request to appear at the hearing. On December 1, 2022, counsel for the Committee for Fair Trade in Ammonium Sulfate filed a request that the Commission cancel the scheduled hearing for these reviews and withdrew its request to appear at the hearing. Counsel indicated a willingness to submit written responses to any Commission questions. Consequently, the public hearing in connection with these reviews, scheduled to begin at 9:30 a.m. on Tuesday, December 6, 2022, is cancelled. Parties to these reviews should respond to any written questions posed by the Commission in their posthearing briefs, which are due to be filed on December 13, 2022.“
Emulsion Styrene-Butadiene Rubber From Brazil, Mexico, Poland, and South Korea; Scheduling of Full Five-Year ReviewsSummary 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 emulsion styrene-butadiene rubber (ESBR) from Brazil, Mexico, Poland, and South Korea 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.“
Steel Nails From the United Arab Emirates; Notice of Commission Determination To Conduct a Full Five-Year ReviewSummary from the ITC: “The Commission hereby gives notice that it will proceed with a full review pursuant to the Tariff Act of 1930 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 within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.“
Certain Smart Thermostat Hubs, Systems Containing the Same, and Components of the Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Leave To Amend the Complaint and Notice of InvestigationSummary 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 to add ITI Hong Kong Co., Ltd of Tsuen Wan, Hong Kong (“ITI”) as an additional respondent.“
Certain Wearable Electronic Devices With ECG Functionality and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance and Suspension of a Limited Exclusion Order and a Cease and Desist Order; Termination of the InvestigationSummary from the ITC: “Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined that there is a violation of section 337 in the above-captioned investigation. The Commission has further determined to issue a limited exclusion order and a cease and desist order and to set a bond in the amount of $2 per unit of covered articles imported or sold during the period of Presidential review. The enforcement of these orders, including the bond provision, is suspended pending final resolution of the U.S. Patent and Trademark Office, Patent Trial and Appeal Board's (“PTAB”) Final Written Decisions finding the asserted patent claims unpatentable.“
Institution of Investigation; Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing SameSummaryn from the ITC: “Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 16, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Advanced Ground Information Systems, Inc. of Jupiter, Florida and AGIS Software Development LLC of Marshall, Texas. The complaint was supplemented on December 13, 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 location-sharing systems, related software, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 8,213,970 (“the '970 patent”); U.S. Patent No. 9,467,838 (“the '838 patent”); U.S. Patent No. 9,445,251 (“the '251 patent”); U.S. Patent No. 9,749,829 (“the '829 patent”); and U.S. Patent No. 9,820,123 (“the '123 patent”). The complaints further allege that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.“
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