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USITC Notices

New AD/CV Probes of Tool Chests
The USITC has initiated the preliminary phase of AD and CV injury investigations of tool chests classified under HTSUS subheadings 7326.90.3500, 9403.20.0026 and 9403.20.0030 from mainland China. The petition covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches and work stations that are pre-packed for retail sale and have the following characteristics: (i) a body made of carbon, alloy or stainless steel and/or other metals; (ii) two or more drawers for storage in each individual unit; (iii) a width (side to side) exceeding 21 inches but not exceeding 60 inches; and (iv) a drawer depth (front to back) exceeding 10 inches but not exceeding 24 inches.

The petition includes tool chests and cabinets that are either (i) assembled, pre-packaged for sale or subject to other minor processing in a third country prior to importation or (ii) assembled, pre-packaged for sale or subject to other minor processing after importation. Subject tool chests and cabinets may have doors and shelves in addition to drawers, may have handles (typically mounted on the sides) and may have a work surface on the top. They may be uncoated, painted, powder coated, galvanised, or otherwise coated for corrosion protection or aesthetic appearance. They may be shipped, packaged or sold as individual units or in sets.

Excluded from the scope of these investigations are (i) tool boxes, chests and cabinets with bodies made of plastic, carbon fibre, wood or other non-metallic substances; (ii) portable tool boxes, which have fewer than three drawers, a handle on the top that allows the tool box to be carried by hand, a width of 21 inches or less and a depth not exceeding 10 inches; (iii) industrial grade steel tool chests and cabinets; and (iv) metal filing cabinets configured to hold hanging file folders.

Return questionnaires are due to the USITC by 25 April, a conference will be held on 2 May, post-conference briefs may be submitted by 5 May, and the USITC’s preliminary determination is due by 26 May (a vote has been scheduled for 25 May).

New AD/CV Probes of Mechanical Tubing
The USITC has initiated the preliminary phase of AD and CV injury investigations of cold drawn mechanical tubing classified under HTSUS subheadings 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020 and 7306.50.5030 from mainland China. The petition covers cold-drawn mechanical tubing of carbon and alloy steel, of circular cross-section in actual diameters less than 13 inches (less than 331 mm), regardless of wall thickness, surface finish, end finish or industry specification. The subject tubing is a tubular product that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing or both. It may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working (annealed, normalized, quenched and tempered, stress relieved or finish annealed).

Products covered by this petition are those in which iron predominates, by weight, over each of the other contained elements and the carbon content is two percent or less by weight. Cold-drawn stainless steel tubing containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight is excluded.

Return questionnaires are due to the USITC by 3 May, a conference will be held on 10 May, post-conference briefs may be submitted by 15 May, and the USITC’s preliminary determination is due by 5 June (a vote has been scheduled for 2 June).

Preliminary Affirmative AD/CV Injury Determinations on Aluminium Foil
The USITC has issued preliminary affirmative injury determinations in its AD and CV investigations of aluminium foil from mainland China. As a result, the DOC will continue its AD and CV duty investigations of imports of subject merchandise. The DOC is scheduled to issue its preliminary CV determination on or about 2 June and its preliminary AD determination on or about 16 August.

HEDP Will Face AD/CV Duties
The USITC has issued a final affirmative injury determination in its AD and CV investigations of 1-hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from mainland China. As a result, the DOC will issue AD and CV duty orders on imports of subject merchandise.

Expedited Sunset Review of AD Duty Order on Furfuryl Alcohol
The USITC has decided to conduct an expedited sunset review of the AD duty order on furfuryl alcohol from mainland China. As opposed to full reviews, expedited reviews do not include a public hearing or the issuance of questionnaires.

New Section 337 Investigation on Intravascular Administration Sets
The USITC has instituted an investigation to determine whether imports of certain mainland Chinese intravascular administration sets and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in the investigation are infusion therapy products such as infusion pumps and disposable tubing assembly used with the pump for intravenously delivering nutrients or medication into a patient’s body. The complainants request that after this investigation the USITC issue a limited exclusion order as well as cease and desist orders.

Remedies in Section 337 Probe of Certain Bras
The USITC has determined that the importation, sale for importation and sale within the United States after importation of certain pumping bras made in mainland China are violating certain U.S. patents. Further, the USITC has determined that the appropriate remedy is a general exclusion order prohibiting the unlicenced entry of pumping bras that infringe the asserted patents and that infringing goods may continue to enter the United States during the 60-day presidential review period under a bond in the amount of 100 percent of the entered value of the goods subject to the general exclusion order.

Remedies in Section 337 Probe of Arrowheads
The USITC has issued a general exclusion order and a cease and desist order in its Section 337 investigation of certain arrowheads with deploying blades, components thereof and packaging therefor from mainland China. The general exclusion order prohibits the unlicenced entry of subject merchandise covered by one trademark and certain patents while the cease and desist order is specifically directed at one respondent. The USITC has set a bond in the amount of 100 percent of the entered value of the subject merchandise for importations during the 60-day presidential review period.

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