19 Dec 2018
Rubber Bands Will Face AD/CV Duties
The USITC has issued a final affirmative injury determination in its AD and CV investigations of rubber bands from mainland China. As a result, the DOC will issue AD and CV duty orders on imports of subject merchandise. The AD/CV duties will not be applied retroactively in light on the USITC’s negative determination concerning critical circumstances.
Comments Sought on AD Remand Proceeding Involving Hydrofluorocarbon Blends. The USITC has given notice of a court-ordered remand of its final AD injury determination on hydrofluorocarbon blends and components from mainland China. The petitioners are challenging the USITC’s determination that there were two domestic like products consisting of HFC blends and HFC components. Comments are due by 7 January.
Scheduling of Final Phase of AD/CV Injury Investigations of Quartz Surface Products
The USITC has scheduled the final phase of its AD and CV injury investigations of quartz surface products from mainland China. The pre-hearing staff report will be placed in the non-public record on 14 March and a public version will be issued thereafter; pre-hearing briefs are due by 21 March; requests to appear at the hearing are due by 29 March; the pre-hearing conference will be held on 1 April; the hearing will be held on 4 April; post-hearing briefs are due by 11 April; and final comments are due by 3 May.
New Section 337 Investigation on Nicotine Delivery Systems
The USITC has instituted an investigation to determine whether imports of certain electronic nicotine delivery systems and components thereof from various sources, including mainland China, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The scope of this proceeding covers nicotine vaporiser devices and the associated pods sold for use with the devices, as well as components thereof. The complainant requests that after this investigation the USITC issue a limited exclusion order as well as cease and desist orders.
Remedies Announced in Section 337 Probe of Fuel Pump Assemblies. In its patent infringement investigation involving certain fuel pump assemblies having vapour separators and components thereof from mainland China, the USITC has issued a limited exclusion order prohibiting the unlicensed entry of subject merchandise that infringes one or more of specific patent claims asserted by the complainant and are imported or manufactured abroad by or on behalf of the defaulting respondent. The USITC has also determined that infringing goods may continue to enter the United States during the 60-day period for presidential review of this remedial order under a bond in the amount of 100 percent of the entered value.
Remedies Announced in Section 337 Probe of Beverage Containers. The USITC has issued a limited exclusion order prohibiting the unlicensed entry of certain insulated beverage containers, components, labels and packaging materials thereof from Hong Kong and mainland China that infringe one or more of specific trademarks, copyrights and patent claims asserted by the complainant and are imported or manufactured abroad by or on behalf of the defaulting respondents. The USITC has also determined that infringing goods may continue to enter the United States during the 60-day period for presidential review of this remedial order under a bond in the amount of 100 percent of the entered value.