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USITC Notices

Preliminary Affirmative AD/CV Injury Determinations on Hardwood Plywood
The USITC has issued preliminary affirmative injury determinations in its AD and CV investigations of hardwood plywood 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 13 February and its preliminary AD determination on 27 April.

Expedited Sunset Review of AD Duty Order on Sulfanilic Acid Moves Forward
The USITC is moving forward with its expedited sunset review of the AD duty order on sulfanilic acid from mainland China. The review is seeking to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury to a domestic industry within a reasonably foreseeable time. Comments and statements were due by 22 December 2016 and could not contain new factual information.

Section 337 Probe of Certain Steel Products Will Continue
The USITC has determined to review an initial determination of the presiding administrative law judge in the Section 337 investigation of certain carbon and alloy steel products from mainland China that granted the respondents' motion to terminate the complainant’s antitrust claim. The USITC is seeking input by 17 January on a range of matters related to the investigation (reply submissions are due by 1 February) and has set 14 March as the date for possible oral argument.

The USITC launched this investigation earlier this year to determine whether imports of certain carbon and alloy steel products from mainland China are violating Section 337 of the 1930 Tariff Act through (i) a conspiracy to fix prices and control output and export volumes, (ii) the misappropriation and use of trade secrets owned by complainant U.S. Steel Corporation, and (iii) the false designation of origin or manufacturer to circumvent tariffs. U.S. Steel has requested that after this investigation the USITC issue exclusion orders, which would prohibit infringing imports from entering the United States, and cease and desist orders, which among other things would prevent the sale of infringing imported articles out of U.S. inventory. The notice of investigation identified 40 respondents that are mainland Chinese steel manufacturers or distributors, as well as some of their Hong Kong and U.S. affiliates.  

Import Restrictions Considered on Pumping Bras
The USITC has approved a summary determination of Section 337 violation by three respondents found in default in its probe of certain pumping bras from mainland China. The presiding administrative law judge has recommended the issuance of a general exclusion order against these respondents and a bond of 100 percent. The USITC is seeking input by 4 January on (i) the form of remedy, if any, that should be ordered; (ii) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those at issue, 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.

Remedy and Public Interest Input Sought in Section 337 Probe of Medical Devices
In its patent, copyright, trademark and trade dress rights infringement investigation of carbon spine board, cervical collar, CPR masks and various medical training manikin devices, as well as trademarks and copyrights of product catalogues, product inserts and components thereof, the USITC is requesting written submissions by 5 January on remedy, the public interest and bonding. Specifically, the USITC is interested in comments on (i) the form of remedy, if any, that should be ordered; (ii) the effects of any such remedy on the 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 enter the United States during the 60-day period the president has to review any USITC-ordered remedy.

Section 337 Probe on Personal Transporters Amended
The USITC has amended the complaints and notices of investigation in the on-going patent infringement investigations of personal transporters and components thereof from various sources, including mainland China, to assert three additional patents against one respondent and to terminate all asserted claims of another patent as to all respondents. In addition, the USITC has terminated both of these investigations with respect to one respondent based on consent orders with the complainants.

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