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USITC Notices

Biaxial Integral Geogrid Products Will Face AD/CV Duties
The USITC has issued a final affirmative injury determination in its AD and CV investigations of certain biaxial integral geogrid products from mainland China. As a result, the DOC will issue AD and CV duty orders on imports of subject merchandise. Imports of subject merchandise will not be subject to retroactive AD or CV duties in light of the USITC’s negative finding of critical circumstances.

Ammonium Sulphate Will Face AD/CV Duties
The USITC has issued a final affirmative injury determination in its AD and CV investigations of ammonium sulphate from mainland China. As a result, the DOC will issue AD and CV duty orders on imports of subject merchandise.

New Investigations on Impact of Barriers to Digital Trade
The USITC will conduct three investigations at USTR’s request to examine uses of new digital technologies for U.S. firms and the impact of barriers to digital trade on the competitiveness of U.S. firms in international markets.

The first investigation will describe the current landscape and recent developments in digital technologies used by firms as well as digital technologies used by consumers. It will also provide market information for digital products and services both in the United States and in key foreign markets such as the European Union, mainland China, Russia, Brazil, India and Indonesia - especially those products and services that can scale globally. The investigation will assess the rate of adoption of digital technologies in the United States as well as in foreign markets with further study of the importance of both domestic and cross-border data flows. Finally, the report will describe regulatory and policy measures in important markets abroad that may impede digital trade. The USITC will hold a public hearing in connection with this investigation on 4 April. Requests to appear at the hearing are due by 21 March and written submissions are due by 21 April. The report will be delivered to USTR by 29 August and released to the public soon thereafter.

The second investigation will analyse measures that affect the ability of U.S. firms to develop or supply digital products and services to firms abroad. It also will assess the impact of those measures on the competitiveness of U.S. firms supplying digital products and services and on international trade and investment flows associated with digital trade. This confidential report will be delivered to USTR by 28 October 2018.

The third and last investigation will analyse measures that affect the ability of U.S. firms to develop or supply digital products and services to consumers abroad. It also will assess the impact of those measures on the competitiveness of U.S. firms supplying digital products and services and on international trade and investment flows associated with digital trade. This report will also be confidential and will be delivered to USTR by 29 March 2019.

Scheduling of Expedited Sunset Review of AD Duty Order on Pure Magnesium
The USITC has scheduled the expedited sunset review of the AD duty order on pure magnesium from mainland China. The review will seek 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. The staff report will be placed in the non-public record on 17 February and a public version will be issued thereafter. Comments and statements are due by 23 February and may not contain new factual information.

New Section 337 Investigation on Basketball Backboards
The USITC has instituted an investigation to determine whether imports of certain mainland Chinese basketball backboards, backboard components and backboard systems that are typically used at a residence for sport, fun and entertainment are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The complainant requests that after this investigation the USITC issue a limited exclusion order as well as cease and desist orders.

Remedies in Section 337 Probe of Electric Skin Care Devices
The USITC has issued general and limited exclusion orders, as well as cease and desist orders, in its Section 337 investigation of certain electric skin care devices, brushes and chargers therefor, and kits containing the same from mainland China and various other sources. The general exclusion orders prohibits the unlicenced entry of subject merchandise that infringes certain patents, while the limited exclusion order prohibits the unlicenced entry of subject merchandise that infringes certain patent and trade dress claims and is manufactured by certain respondents. 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.

Section 337 Investigation of LED Products and Components Terminated
The USITC has terminated its patent infringement investigation of certain LED products and components from mainland China and one other location on the basis of a settlement and licence agreement between the complainant and respondents.

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