USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN STORAGE CONTAINERS AND TOOLBOXES, ORGANIZERS, COMPONENT BOXES, AND COOLERS

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain storage containers and toolboxes, organizers, component boxes, and coolers.  The products at issue in the investigation are described in the Commission’s notice of investigation.                                             

The investigation is based on a complaint filed by Milwaukee Electric Tool Corporation of Brookefield, WI, and Keter Home and Garden Products Ltd. on June 13, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain storage containers and toolboxes, organizers, component boxes, and coolers that infringe patents asserted by the complainant. The complainants request that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified Klein Tools of Lincolnshire, IL as the respondent in this investigation.

By instituting this investigation (337-TA-1409), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0715_65413.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN EYE COSMETICS AND PACKAGING THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain eye cosmetics and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Amarte USA Holdings, Inc of Redding CA, on May 20, 2024, and amended on May 31, 2024 and June 7, 2024, and supplemented on June 28, 2024. The second amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and in the sale of certain eye cosmetics and packaging thereof by reason of infringement of a registered trademark, unfair competition, and false advertising. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.  

The USITC has identified the following respondents in this investigation:

  • Unilever PLC, Port Sunlight, United Kingdom

  • Unilever United States, Inc. Englewood Cliffs, NJ

  • Carver Korea Co., Ltd., Seoul, South Korea

  • Bourne & Morgan Ltd., London, United Kingdom

  • MZ Skin Ltd., Borehamwood, United Kingdom

  • Kaibeauty, Taipei City, Taiwan

  • I’ll Global Co., Ltd., Seoul, South Korea

  • Hikari Laboratories Ltd., Bnei Atarot, Israel

  • Iman Cosmetics, London, United Kingdom

  • Strip Lashed, Rotherham, United Kingdom

  • Kelz Beauty, Budapest, Hungary

By instituting this investigation (337-TA-1407), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. Read More→

https://www.usitc.gov/press_room/news_release/2024/er0712_65403.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN HYDRODERMABRASION SYSTEMS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hydrodermabrasion systems and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by HydraFacial LLC f/k/a Edge Systems LLC of Long Beach, CA, on June 11, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hydrodermabrasion systems and components thereof that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified the following respondents in this investigation:

  • Cartessa Aesthetics LLC, Melville, NY

  • Eunsung Global Corp, Gangwon-do, South Korea 

By instituting this investigation (337-TA-1408), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0711_65404.htm

ILWU Canada illegal strike ruling averts Vancouver shutdown

Canada’s labor tribunal on Sunday ruled that a strike vote by union longshore foremen against DP World’s terminal at the Port of Vancouver was illegal, heading off the maritime employer’s threat to shut out workers at Canada’s largest container gateway in response. 

The British Columbia Maritime Employer’s Association (BCMEA) called on the Canada Industrial Relations Board (CIRB) to hold a hearing on Sunday after Local 514 of the International Longshore and Warehouse Union (ILWU) Canada issued a 72-hour strike against DP World Centerm last Friday. 

The CIRB found that Local 514 “failed to bargain in good faith when it conducted... Read More→

https://www.joc.com/article/ilwu-canada-illegal-strike-ruling-averts-vancouver-shutdown_20240708.html

Wood Packaging Materials

Untreated wood poses a significant risk of introducing plant pests, including pathogens, that can be detrimental to agriculture and to natural, cultivated, and urban forest resources. U.S. Department of Agriculture regulations contain provisions to mitigate plant pest risk presented by the importation of such wood. Because the packaging materials are very often reused, the true origin of any piece of Wood Packaging Material (WPM) is difficult to determine and, thus, its treatment status cannot be ascertained. Therefore, the USDA amended its regulations by adopting the international standard for WPM approved by the Interim Commission on Phytosanitary Measures of the International Plant Protection Convention (IPPC) on March 15, 2002. By adopting the IPPC guidelines, the U.S. harmonized its trade requirements with a host of other countries.

Most wood packaging materials are covered by the rule, including wooden packaging materials such as pallets, crates, boxes, and pieces of wood used to support or brace cargo. Wood packaging material is defined as wood or wood products (excluding paper products) used for supporting, protecting, or carrying cargo, including, but not limited to, dunnage, crating, pallets, packing blocks, drums, cases, or skids. The definition excludes manufactured wood materials, loose wood packing materials, and wood pieces less than 6mm thick in any dimension.

There are two treatment options: heat treatment or fumigation with methyl bromide. For heat treatment, WPM must be heat treated to achieve a minimum wood core temperature of 56°C for a minimum of 30 minutes. For fumigation, the WPM must be fumigated with methyl bromide in an enclosed area for at least 16 hours at the regulated dosage and then must be aerated to reduce the concentration of fumigant below hazardous exposure levels. After either of these treatments, the WPM must be marked in a visible location on each article, preferably on at least two opposite sides of the article, with a legible and permanent mark, approved by the IPPC, to certify that wood packaging material has been subjected to an approved treatment.

Marks will vary by country and treatment establishment. The mark must include the IPPC trademarked graphic symbol, the ISO two-letter country code for the country that produced the wood packaging material, a unique number assigned by the national plant protection agency of that country to the producer of the wood packaging material, and an abbreviation disclosing the type of treatment. Read More→

https://www.cbp.gov/border-security/protecting-agriculture/wpm

USITC MAKES DETERMINATION IN 5-YEAR (SUNSET) REVIEW CONCERNING CITRIC ACID AND CERTAIN CITRATE SALTS FROM BELGIUM, COLOMBIA, AND THAILAND

The United States International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission’s affirmative determination, the existing orders on imports of these products from Belgium, Colombia, and Thailand will remain in place.  

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Citric Acid and Certain Citrate Salts from Belgium, Colombia, And Thailand  (Inv. No. 731-TA-1374 -1376 (Review), USITC Publication 5524, July 2024) will contain the views of the Commission and information developed during the review. 

The report will be available by August 1, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

BACKGROUND


The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.  Read More → https://www.usitc.gov/press_room/news_release/2024/er0701_65364.htm

USITC VOTES TO CONTINUE INVESTIGATIONS ON DISPOSABLE ALUMINUM CONTAINERS, PANS, TRAYS, AND LIDS FROM CHINA

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of disposable aluminum containers, pans, trays, and lids from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.

Chair Amy A. Karpel and Commissioners David S. Johanson, and Jason E. Kearns voted in the affirmative.  Commissioner Rhonda K. Schmidtlein did not participate in this vote.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of disposable aluminum containers, pans, trays, and lids from China, with its preliminary countervailing duty determination due on or about August 9, 2024, and its preliminary antidumping duty determination due on or about October 23, 2024.

The Commission’s public report Disposable Aluminum Containers, Pans, Trays, and Lids from China (Inv. Nos. 701-TA-727 and 731-TA-1695 (Preliminary), USITC Publication 5523, July 2024) will contain the views of the Commission and information developed during the investigations. Status of proceedings and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS). 

The report will be available by July 26, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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https://www.usitc.gov/press_room/news_release/2024/er0628_65358.htm

PAPER SHOPPING BAGS FROM CAMBODIA, CHINA, COLOMBIA, INDIA, MALAYSIA, PORTUGAL, TAIWAN, AND VIETNAM, INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and imports of paper shopping bags that Commerce has determined are subsidized by the governments of China and India.

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. 

As a result of the Commission’s affirmative determination, Commerce will issue countervailing duty orders on imports of this product from China and India and antidumping duty orders on products imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam.

The Commission also made negative findings concerning critical circumstances with regard to imports of these products from Cambodia, China, India, Taiwan, and Vietnam.  As a result, imports of paper shopping bags from these countries will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1625 and 731-TA-1627 (Final), USITC Publication 5522, July 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 19, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).

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https://www.usitc.gov/press_room/news_release/2024/er0621_65322.htm

FINAL RULE: GREENHOUSE Gas Emissions Standards for Heavy-Duty Vehicles - Phase 3

Rule Summary

Related Information

Para información en español, haga clic aquí.

On March 29, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule, “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3,” that sets stronger standards to reduce greenhouse gas emissions from heavy-duty (HD) vehicles beginning in model year (MY) 2027. The new standards will be applicable to HD vocational vehicles (such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle, school buses, etc.) and tractors (such as day cabs and sleeper cabs on tractor-trailer trucks).

The final “Phase 3” standards build on EPA’s Heavy-Duty Phase 2 program from 2016 and maintain that program’s flexible structure, which is designed to reflect the diverse nature of the heavy-duty vehicle industry. The standards are technology-neutral and performance-based, allowing each manufacturer to choose what set of emissions control technologies is best suited for them and the needs of their customers. Read More → https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-greenhouse-gas-emissions-standards-heavy-duty#:~:text=Rule%20Summary,-Related%20Information&text=On%20March%2029%2C%202024%2C%20the,model%20year%20(MY)%202027

PAPER SHOPPING BAGS FROM CAMBODIA, CHINA, COLOMBIA, INDIA, MALAYSIA, PORTUGAL, TAIWAN, AND VIETNAM, INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and imports of paper shopping bags that Commerce has determined are subsidized by the governments of China and India.

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. 

As a result of the Commission’s affirmative determination, Commerce will issue countervailing duty orders on imports of this product from China and India and antidumping duty orders on products imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam.

The Commission also made negative findings concerning critical circumstances with regard to imports of these products from Cambodia, China, India, Taiwan, and Vietnam.  As a result, imports of paper shopping bags from these countries will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1625 and 731-TA-1627 (Final), USITC Publication 5522, July 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 19, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).

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https://www.usitc.gov/press_room/news_release/2024/er0621_65322.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN WI-FI ACCESS POINTS, ROUTERS, RANGE EXTENDERS, CONTROLLERS AND COMPONENTS THEREOF

On Friday, June 14, 2024, the U.S. International Trade Commission (USITC) voted to institute an investigation of certain Wi-Fi access points, routers, range extenders, controllers and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by TP-Link USA Corporation of Irvine, CA, and TP-Link Corporation PTE Ltd. of Singapore, on May 7, 2024, and supplemented on May 15, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain Wi-Fi access points, routers, range extenders, controllers and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified Netgear Inc. of San Jose, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1405), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0617_65305.htm

Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3

Rule Summary

Related Information

Para información en español, haga clic aquí.

On March 29, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule, “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3,” that sets stronger standards to reduce greenhouse gas emissions from heavy-duty (HD) vehicles beginning in model year (MY) 2027. The new standards will be applicable to HD vocational vehicles (such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle, school buses, etc.) and tractors (such as day cabs and sleeper cabs on tractor-trailer trucks).

The final “Phase 3” standards build on EPA’s Heavy-Duty Phase 2 program from 2016 and maintain that program’s flexible structure, which is designed to reflect the diverse nature of the heavy-duty vehicle industry. The standards are technology-neutral and performance-based, allowing each manufacturer to choose what set of emissions control technologies is best suited for them and the needs of their customers.

https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-greenhouse-gas-emissions-standards-heavy-duty#:~:text=Rule%20Summary,-Related%20Information&text=On%20March%2029%2C%202024%2C%20the,model%20year%20(MY)%202027

DHS Adds PRC-Based Seafood, Aluminum, and Footwear Entities to Uyghur Forced Labor Prevention Act Enforcement List

Release Date: June 11, 2024

UFLPA Entity List Currently Restricts Goods from 68 PRC-Based Companies from Entering the United States

WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced the addition of three People’s Republic of China (PRC)-based seafood, aluminum, and footwear companies to the Uygur Forced Labor Prevention Act (UFLPA) Entity List. Through these actions, DHS is increasing its focus on seafood, aluminum, and shoes—sectors that play an important role in Xinjiang’s economy – and ensuring goods made with forced labor are kept out of the U.S. market.

Effective June 12, 2024, U.S. Customs and Border Protection (CBP) will apply a rebuttable presumption that goods produced by these entities will be prohibited from entering the United States. By identifying entities found to utilize and/or facilitate the forced labor of Uyghurs and other persecuted groups from the Xinjiang Uyghur Autonomous Region (XUAR), the UFLPA Entity List provides companies with more information about the potential involvement of forced labor in their supply chains.

The entities being added to the UFLPA Entity List today include Dongguan Oasis Shoes Co., Ltd. (also known as Dongguan Oasis Shoe Industry Co., Ltd.; Dongguan Luzhou Shoes Co., Ltd.; and Dongguan Lvzhou Shoes Co., Ltd.), Shandong Meijia Group Co., Ltd. (also known as Rizhao Meijia Group), and Xinjiang Shenhuo Coal and Electricity Co., Ltd.

“The Department of Homeland Security will not tolerate forced labor in U.S. supply chains and will enforce our laws across all industries and sectors,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to investigate companies that use or facilitate forced labor and will hold those entities responsible. We urge stakeholders across industry, civil society and our international partners to work with us to eliminate the scourge of forced labor.” Read More →

https://www.dhs.gov/news/2024/06/11/dhs-adds-prc-based-seafood-aluminum-and-footwear-entities-uyghur-forced-labor

MATTRESSES FROM BOSNIA AND HERZEGOVINA, BULGARIA, BURMA, ITALY, PHILIPPINES, POLAND, SLOVENIA, AND TAIWAN, INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative.  

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will issue antidumping duty orders on imports from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan.

The Commission made an affirmative critical circumstances finding with regard to imports of this product1  from Burma.   The Commission made negative critical circumstances findings with regard to imports of this product from Bosnia, Italy, the Philippines, and Taiwan.2

The Commission’s public report on Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan (Inv. Nos. 731-TA-1629-1631, 1633, 1636-1638, and 1640 (Final), USITC Publication 5520, June 2024) will contain the views of the Commission and information developed during the investigations. 

The report will be available by July 9, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).
 

1  Chairman David S. Johanson dissenting. 
2  Commissioner Jason E. Kearns dissenting with respect to Bosnia.
 

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USITC VOTES TO CONTINUE INVESTIGATIONS ON CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES FROM CAMBODIA, MALAYSIA, THAILAND, AND VIETNAM

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of Malaysia, Thailand, and Vietnam. The USITC also determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia that are allegedly subsidized by the government of Cambodia.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and Vietnam, with its preliminary countervailing duty determinations due on or about July 18, 2024, and its preliminary antidumping duty determinations due on or about October 1, 2024.

The Commission’s public report Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from Cambodia, Malaysia, Thailand, and Vietnam; Inv. Nos. 701-TA-722-725 and 731-TA-1690-1693 (Preliminary), USITC Publication 5517, June 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by July 5, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library. Read More →

https://www.usitc.gov/press_room/news_release/2024/er0607_65269.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SURFACE CLEANING DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain surface cleaning devices and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by SharkNinja Operating LLC of Needham, MA; Omachron Alpha Inc. of Hampton, Canada; and Omachron Intellectual Property Inc. of Hampton, Canada, on April 23, 2024, and supplemented on May 9, 2024.  An amended complaint was filed on May 16, 2024, and supplemented on May 23, 2024.  The amended complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain surface cleaning devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Dyson, Inc. of Chicago, IL,

  • Dyson Technology Limited of Malmesbury, United Kingdom, and 

  • Dyson Canada Limited of Toronto, Canada.

By instituting this investigation (337-TA-1404), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SENSORS WITH PIXELS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain sensors with pixels and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by SiOnyx, LLC of Beverly, MA, on April 30, 2024, and supplemented on May 7, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain sensors with pixels and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Samsung Electronics, Co., Ltd. of Suwon, South Korea,

  • Samsung Electronics America, Inc. of Ridgefield Park, NJ, and

  • Samsung Semiconductor, Inc. of San Jose, CA.

By instituting this investigation (337-TA-1403), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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DHS Adds PRC-Based Seafood, Aluminum, and Footwear Entities to Uyghur Forced Labor Prevention Act Enforcement List

WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced the addition of three People’s Republic of China (PRC)-based seafood, aluminum, and footwear companies to the Uygur Forced Labor Prevention Act (UFLPA) Entity List. Through these actions, DHS is increasing its focus on seafood, aluminum, and shoes—sectors that play an important role in Xinjiang’s economy – and ensuring goods made with forced labor are kept out of the U.S. market.

Effective June 12, 2024, U.S. Customs and Border Protection (CBP) will apply a rebuttable presumption that goods produced by these entities will be prohibited from entering the United States. By identifying entities found to utilize and/or facilitate the forced labor of Uyghurs and other persecuted groups from the Xinjiang Uyghur Autonomous Region (XUAR), the UFLPA Entity List provides companies with more information about the potential involvement of forced labor in their supply chains.

The entities being added to the UFLPA Entity List today include Dongguan Oasis Shoes Co., Ltd. (also known as Dongguan Oasis Shoe Industry Co., Ltd.; Dongguan Luzhou Shoes Co., Ltd.; and Dongguan Lvzhou Shoes Co., Ltd.), Shandong Meijia Group Co., Ltd. (also known as Rizhao Meijia Group), and Xinjiang Shenhuo Coal and Electricity Co., Ltd.

“The Department of Homeland Security will not tolerate forced labor in U.S. supply chains and will enforce our laws across all industries and sectors,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to investigate companies that use or facilitate forced labor and will hold those entities responsible. We urge stakeholders across industry, civil society and our international partners to work with us to eliminate the scourge of forced labor.” Read More →
https://www.dhs.gov/news/2024/06/11/dhs-adds-prc-based-seafood-aluminum-and-footwear-entities-uyghur-forced-labor