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USITC Notices

Initiation of Sunset Reviews of AD Duty Order on Honey, AD/CV Duty Orders on Solar Cells
The USITC has initiated separate sunset reviews of the AD duty order on honey as well as the AD and CV duty orders on crystalline silicon photovoltaic cells and modules 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 1 December to be assured of consideration. Comments on the adequacy of these responses must be filed by 16 January 2018. 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.

Scheduling of Expedited Sunset Review of AD Duty Order on Paper School Supplies
The USITC has scheduled the expedited sunset review of the AD duty order on lined paper school supplies from mainland China. The staff report was placed in the non-public record on 31 September and a public version will be issued thereafter. Comments and statements were due by 3 November and could not contain new factual information.

Scheduling of Full Sunset Review of AD Duty Order on Foundry Coke
The USITC has scheduled the full sunset review of the AD duty order on foundry coke from mainland China. The pre-hearing staff report will be placed in the non-public record on 7 February 2018 and a public version will be issued thereafter; pre-hearing briefs are due by 14 February 2018; requests to appear at the hearing are due by 16 February 2018; the pre-hearing conference will be held on 21 February 2018; the hearing will be held on 22 February 2018; and post-hearing briefs are due by 1 March 2018.

New Section 337 Investigation on Shaving Cartridges
The USITC has instituted an investigation to determine whether imports of certain shaving cartridges, components thereof and products containing the same from mainland China are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. 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 Amorphous Metal
The USITC has instituted an investigation to determine whether imports of certain mainland Chinese amorphous metal and products containing the same, such as amorphous metal cores used in electric transformers, are violating Section 337 of the 1930 Tariff Act by reason of trade secrets infringement. 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.

New Section 337 Investigation on LED Lighting Devices
The USITC has instituted an investigation to determine whether imports of certain mainland Chinese LED lighting devices, LED power supplies 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 LED lighting devices (e.g., luminaires and bulbs that use LEDs as a light source) and components thereof, such as LED power supplies, reflectors and optics. The complainants request that after this investigation the USITC issue a limited exclusion order as well as cease and desist orders.

Section 337 Investigation of RFID Products Terminated
The USITC instituted on 11 January 2016 a Section 337 investigation of certain radio frequency identification products and components thereof from various sources, including Hong Kong. On 22 June 2017, the administrative law judge in charge of this proceeding issued a final finding of no violation of Section 337. Following a review, the USITC has decided to affirm this decision with modified reasoning.

Remedies in Section 337 Probe of Hand Dryers
The USITC has issued a general exclusion order as well as cease and desist orders in its Section 337 investigation of certain hand dryers and housing for hand dryers from mainland China. The USITC has set a bond in the amount of 100 percent of the entered value of the subject merchandise for importations during the 60-day presidential review period.

Public Interest Input Sought in Section 337 Investigation of Access Control Systems
The presiding administrative law judge in the Section 337 investigation involving certain access control systems and components thereof from mainland China has issued a recommended determination on remedy and bonding. The USITC is seeking input by 29 November on any public interest issues raised by the recommended relief, specifically the issuance of a limited exclusion order as well as cease and desist orders against certain respondents.

Public Interest Input Sought in Section 337 Investigation of Insulation Materials
The presiding administrative law judge in the Section 337 investigation involving certain composite aerogel insulation materials and methods for manufacturing the same from mainland China has issued a recommended determination on remedy and bonding. The USITC is seeking input by 24 November on any public interest issues raised by the recommended relief, specifically the issuance of a limited exclusion order with a certification provision.

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