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USITC Notices

New AD/CV Probes of Sodium Gluconate and Gluconic Acid
The USITC has initiated the preliminary phase of AD and CV injury investigations of sodium gluconate, gluconic acid and derivative products classified under HTSUS 2918.16.10, 2918.16.50 and 2932.20.50 from mainland China. Return questionnaires were due to the USITC by 14 December, a conference will be held on 21 December, post-conference briefs may be submitted by 27 December, and the USITC’s preliminary determination vote has been scheduled for 12 January 2018.

Expedited Sunset Reviews of AD Duty Orders on PSF and Magnesium
The USITC has decided to conduct expedited sunset reviews of the AD duty orders on certain polyester staple fibre and pure granular magnesium from mainland China. As opposed to full reviews, expedited reviews do not include a public hearing or the issuance of questionnaires.

Remedies in Section 337 Probe of Personal Transporters
The USITC has imposed a limited exclusion order as well as cease and desist orders in the Section 337 probe of certain personal transporters, components thereof, and packaging and manuals therefor from mainland China and other sources. The USITC has also determined to set at zero or 100 percent of entered value, depending on the product, the bond amounts under which infringing goods may continue to enter the United States during the 60-day period the president has to review the USITC’s remedy.

Section 337 Advisory Opinion Proceeding on Ink Cartridges Terminated
In a patent infringement investigation of certain mainland Chinese ink cartridges and components thereof, the USITC has terminated an advisory opinion proceeding based on a settlement agreement between the complainants and the respondents. The respondents had sought an advisory opinion declaring that their refurbished ink cartridges remanufactured using empty ink cartridges collected from the United States are outside the scope of the general exclusion orders and cease and desist orders issued in these investigations.

Remedy Input Sought in Section 337 Investigation of Insultation Materials
The USITC has determined to review in part a final initial determination that the importation, sale for importation, and sale within the United States after importation of certain mainland Chinese composite aerogel insulation materials and methods for manufacturing the same are violating certain patent claims. The presiding administrative law judge has recommended that the USITC issue a limited exclusion order with a certification provision prohibiting the entry of certain composite aerogel insulation materials manufactured abroad by or on behalf of certain respondents.

Accordingly, the USITC solicited public comments through mid-December 2017 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 that should be imposed if a remedy is ordered.

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