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USITC Notices

New AD/CV Probes of Steel Wheels
The USITC has initiated the preliminary phase of AD and CV injury investigations of steel wheels classified under HTSUS 4011.20.1015, 4011.20.5020, 8708.70.4530, 8708.70.4560, 8708.70.6030, 8708.70.6060, 8716.90.5045, 8716.90.5059 and 8708.99.4850 from mainland China. Return questionnaires are due to the USITC by 10 April, a conference will be held on 17 April, post-conference briefs may be submitted by 20 April, and the USITC’s preliminary determination vote has been scheduled for 10 May.

New CV Probe of Glycine
The USITC has initiated the preliminary phase of an CV injury investigation of glycine of HTSUS subheading 2922.49 from mainland China. This product is already subject to an AD duty order in the United States. Return questionnaires are due to the USITC by 11 April, a conference will be held on 18 April, post-conference briefs may be submitted by 23 April, and the USITC must reach a preliminary determination by 14 May.

AD Duty Orders on Honey and Foundry Coke Renewed
The USITC has issued separate final affirmative injury determinations in its sunset reviews of the AD duty orders on honey and foundry coke from mainland China. As a result, these orders will be extended for another five years.

Input Sought on Remand Instructions Involving HFC Blends
The USTIC has given notice of a court-ordered remand of its final affirmative AD injury determination on hydrofluorocarbon blends and components thereof from mainland China. Comments on how the USITC can best comply with the remand instructions were due by 30 March.

New Section 337 Investigation on LED Lighting Devices
The USITC has instituted an investigation to determine whether imports of certain LED lighting devices and components thereof from mainland China are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in the investigation are commercial LED lighting fixtures containing colour-mixing zoom optics. 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 Toner Cartridges
The USITC has instituted an investigation to determine whether imports of certain toner cartridges and components thereof from various sources, including mainland China and Hong Kong, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in the investigation are replaceable toner cartridges and photosensitive drum units contained in or sold for use in such cartridges. The complainants request that after this investigation the USITC issue a general exclusion order (or, in the alternative, a limited exclusion order) as well as cease and desist orders.

Remedies Announced in Section 337 Probe of Access Control Systems
The USITC has determined that the importation, sale for importation and sale within the United States after importation of certain access control systems and components thereof from mainland China and Hong Kong are violating certain U.S. patents. The USITC has therefore issued (i) an order excluding infringing goods manufactured or imported by or on behalf of the respondents or any of their affiliated companies, parents, subsidiaries, agents or other related business entities, or their successors or assigns, from entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption for the remaining term of the patent except under licence of the patent owner or as provided by law; and (ii) cease and desist orders prohibiting four respondents from importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for infringing goods. Infringing goods may continue to enter the United States under a zero bond during the 60-day period the president has to review this USITC-ordered remedy.

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