3 Jan 2019
Initiation of AD/CV Sunset Reviews of Various Products. The USITC has initiated separate sunset reviews of the AD and CV duty orders on certain off-the-road tyres, raw flexible magnets and sodium nitrite as well as the AD duty orders on hot-rolled steel products and non-malleable cast iron pipe fittings 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 notice of initiation by 1 February to be assured of consideration. Comments on the adequacy of these responses must be filed by 8 March. The USITC will then assess the adequacy of interested party responses to determine whether to conduct a full or expedited sunset review.
Remedy Input Sought in IPR Probe of Industrial Automation Systems. The U.S. International Trade Commission has determined not to review the presiding administrative law judge’s final initial determination finding that the importation and sale of certain industrial automation systems and components thereof, including control systems, controllers, visualisation hardware, motion and motor control systems, networking equipment, safety devices and power supplies, from Hong Kong and mainland China are violating certain registered trademarks and copyrights and committing unfair methods of competition and unfair acts.
In addition, the USITC is accepting public comments by 11 January on (i) the form of remedy, if any, that should be ordered in this investigation; (ii) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or directly competitive articles, and U.S. consumers; and (iii) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any USITC-ordered remedy.
Public Interest Comments Sought in IPR Probe of LED Devices. In its patent infringement investigation of certain LED devices, LED power supplies and components thereof from mainland China, the USITC is seeking public comments by 16 January on public interest issues raised by the administrative law judge’s recommendation that the USITC issue a limited exclusion order if it finds a Section 337 violation.
In particular, the USITC is interested in comments that: (i) explain how the articles potentially subject to the recommended order are used in the United States; (ii) identify any public health, safety or welfare concerns in the United States relating to the recommended order; (iii) identify like or directly competitive articles that the complainant, its licensees or third parties make in the United States that could replace the subject articles if they were to be excluded; (iv) indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended order within a commercially reasonable time; and (v) explain how the order would impact consumers in the United States.