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USITC Notices

USITC to Examine Foreign Policy Barriers to Digital Trade
The USITC has instituted the second and third of three investigations to examine uses of new digital technologies for U.S. firms and the impact of foreign policy barriers to digital trade on the competitiveness of U.S. firms in international markets. The reports in these investigations will provide an update and extension of the analysis presented in two earlier USITC reports.

The two new investigations will analyse measures that affect the ability of U.S. firms to develop or supply business-to-business and business-to-consumer digital products and services to customers abroad. They will also assess the impact of such measures on the competitiveness of U.S. firms supplying digital products and services as well as on international trade and investment flows. The USITC intends to hold public hearings and seek public comments in connection with these investigations in spring 2018 and to submit its confidential reports to USTR by 29 October 2018 and 29 March 2019, respectively.

The first investigation in this series, which was initiated in March, will assess the rate of adoption of digital technologies in the United States and foreign markets, with further study of the importance of both domestic and cross-border data flows. It will also describe regulatory and policy measures in important markets abroad that may impede digital trade. A report is expected to be delivered to USTR by 29 August and released to the public soon thereafter.

AD Duty Orders on Shrimp and Lock Washers Renewed
The USITC has issued separate final affirmative injury determinations in its sunset reviews of the AD duty orders on frozen warm water shrimp and helical spring lock washers from mainland China. As a result, these orders will be extended for another five years.

Initiation of Sunset Reviews of AD Duty Order on Foundry Coke, AD/CV Duty Orders on Steel Cylinders
The USITC has initiated separate sunset reviews of the AD duty order on foundry coke and the AD and CV duty orders on high pressure steel cylinders from mainland China. The reviews will seek to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury to a domestic industry within a reasonably foreseeable time. Interested parties must respond to the applicable notice of initiation by 31 May to be assured of consideration. Comments on the adequacy of these responses must be filed by 13 July. The USITC will then assess the adequacy of interested party responses to determine whether to conduct a full or expedited sunset review. As opposed to expedited reviews, full reviews include a public hearing and the issuance of questionnaires.

New Section 337 Investigation on Desk Platforms
The USITC has instituted an investigation to determine whether imports of certain mainland Chinese height-adjustable desk platforms are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in this investigation are desks that adjust in height to allow a user to sit or stand. The complainant requests that after this investigation the USITC issue a limited exclusion order as well as cease and desist orders.

New Section 337 Investigation on Radio Equipment
The USITC has instituted an investigation to determine whether imports of certain mainland Chinese two-way radio equipment and systems, related software 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 “push-to-talk” radio devices and related support devices such as repeaters, base stations and dispatch stations. The complainant requests that after this investigation the USITC issue a limited exclusion order as well as cease and desist orders.

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