28 May 2019
Preliminary Affirmative AD/CV Injury Determination on Ceramic Tile. The USITC has issued a preliminary affirmative injury determination in its AD and CV investigations of ceramic tile from mainland China. As a result, the DOC will continue its AD and CV duty investigations of imports of subject merchandise, with preliminary determinations scheduled for about 5 July (CV) and 17 September (AD).
New IPR Probe on Certain Fashion Apparel. The USITC has instituted an investigation to determine whether imports of certain female fashion dresses, jumpsuits, maxi dresses and accoutrements from mainland China are violating Section 337 of the 1930 Tariff Act by reason of false designation, false description, dilution and obtaining sales by false claim of association, the threat or effect of which is ostensibly to destroy or substantially injure an industry in the United States. The scope of the investigation covers female jumpsuit dresses, frill sleeves jumpsuits, buttoned shoulder dolman sleeve jumpsuits, Navy bell sleeve wide leg jumpsuits, folded collar jumpsuits, maxi skirts, wrap bodice dresses, midi dresses and pant dresses. The complainant requests that after this investigation the USITC issue a general exclusion order (or, alternatively, a limited exclusion order) as well as cease and desist orders.
IPR Investigation of Toner Cartridges Terminated. The USITC on 29 March 2018 instituted a Section 337 investigation of certain toner cartridges and components thereof from Hong Kong and mainland China. The administrative law judge assigned to this case recently issued a non-infringement determination and the USITC has affirmed this decision.
Section 337 Advisory Opinion Proceeding on Robotic Vacuum Cleaners Terminated. Following a settlement agreement between the complainant and the respondent, the USITC has terminated an advisory opinion proceeding in connection with its Section 337 probe of certain robotic vacuum cleaners and components thereof from various sources, including mainland China. The proceeding sought to determine whether eight products violated the limited exclusion order and cease and desist orders currently in place on subject merchandise.
IPR Investigation of Carburettors Amended. The USITC on 20 June 2018 instituted a Section 337 investigation of carburettors and products containing such carburettors from various sources, including Hong Kong and mainland China. The complainant subsequently requested that the administrative law judge amend the investigation to substitute certain respondents and correct the corporate name of one respondent. On 25 April 2019, the ALJ granted the complainant’s motion and the USITC has decided not to review this decision.