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USITC Notices

Trade Agreement with Canada and Mexico to be Focus of USITC Investigation. The USITC has instituted an investigation to assess the likely impact of a trade agreement President Trump intends to enter into with Mexico and Canada to replace NAFTA. For the U.S.-Mexico-Canada Trade Agreement to receive the expedited congressional consideration provided under the trade promotion authority law, the USITC must prepare a report that assesses the likely impact of the agreement on the U.S. economy as a whole, specific industry sectors and the interests of U.S. consumers. This report, which will be made public, is due to the president and Congress no more than 105 days after the president signs the agreement, which he can do no earlier than 30 November.

The USITC will hold a public hearing in connection with this investigation on 15 November and requests to appear at the hearing are due by 29 October. Written submissions for the record are due by 20 December.

Remedy Comments Sought in Section 337 Probe of Beverage Containers. In its patent and trademark infringement investigation of self-anchoring beverage containers from mainland China and various other locations, the USITC has determined to review in part an initial determination that the defaulting respondents have violated section 337. The USITC is also requesting by 22 October public comments on (i) the form of remedy, if any, that should be ordered; (ii) the effects of any such remedy on public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and (iii) the amount of the bond under which infringing articles could continue to enter the United States during the 60-day period the president has to review any USITC-ordered remedy.

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