Ripe Olives From Spain: Continuation of Antidumping and Countervailing Duty Orders

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and countervailing duty (CVD) order on ripe olives from Spain would likely lead to the continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.

DATES:

Applicable July 31, 2024.

FOR FURTHER INFORMATION CONTACT:

Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1785. Read More→

https://www.federalregister.gov/documents/2024/08/09/2024-17659/ripe-olives-from-spain-continuation-of-antidumping-and-countervailing-duty-orders#:~:text=U.S.%20Customs%20and%20Border%20Protection,Orders%20is%20July%2031%2C%202024

Union Pacific warns of 'devastating consequences' from Canada rail strike

Aug 20 (Reuters) - U.S. railroad operator Union Pacific has warned that a potential rail strike in Canada will have "devastating consequences" on the North American economy.

More than 2,500 Union Pacific cars per day would not move across the border, CEO Jim Vena said in a letter to Canadian Labor Minister Steve MacKinnon on late Monday.

"Some of these impacts have already begun," Vena said.

Railroad operators Canadian Pacific Kansas City (CP.TO), opens new tab and Canadian National Railway (CNR.TO), opens new tab are bracing for a work stoppage by Teamsters union members, which could start as early as Thursday as talks to negotiate a new labor contract are yet to reach an agreement. Read More→

https://www.reuters.com/world/americas/union-pacific-warns-devastating-consequences-canada-rail-strike-2024-08-20/

USITC Institutes Section 337 Investigation of Certain NAND Memory Devices and Electronic Devices Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain NAND memory devices and electronic devices containing the 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 MimirIP LLC, of Dallas, TX, on July 8, 2024, and supplemented on July 26, 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 NAND memory devices and electronic devices containing the 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:

  • Micon Technology Inc., Boise, ID 

  • Acer Inc., New Taipei City 221, Taiwan

  • Acer America Corp., San Jose, CA 

  • HP, Inc., Palo Alto, CA 

  • Kingston Technology Company, Inc., Fountain Valley, CA 

  • Lenovo Group Limited, Quarry Bay, Hong Kong 

  • Lenovo (United States) Inc., Morrisville, NC 

By instituting this investigation (337-TA-1412), 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/er0808_65743.htm

USITC Makes Determination in Five-Year (Sunset) Review Concerning Truck and Bus Tires from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on truck and bus tires from China 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 determinations, the existing orders on imports of these products from China will remain in place. 

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

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 Truck and Bus Tires from China (Inv. Nos. 701-TA-556 and 731-TA-1311 (Expedited Review), USITC Publication 5535, August 2024) will contain the views of the Commission and information developed during the reviews.

The report will be available by September 20, 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/er0808_65741.htm

USDA Agricultural Marketing Service – National Organic Program (NOP) ACE Updates & Reminders

Effective September 19, 2024, U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) will no longer allow the use of the temporary filing code (999-999-T) in the Automated Commercial Environment (ACE) for organic entries without an NOP Import Certificate (NOP-IC). Brokers/filers are reminded not to use this code for filing in the OR Message Set after that date. Shipments using the temporary code after September 19, 2024, will be subject to adverse actions or additional enforcement actions. If a valid NOP-IC is not available at time of filing, the shipment must either be changed to a conventional (non-organic) status, or reexported. The NOP-IC must be obtained prior to the shipment departing the foreign port of lading from the exporter. The NOP-IC cannot be issued after the product has departed.  

U.S. importers facilitating organic trade must be certified organic under the new USDA organic regulations. Certified importers are listed in the Organic Integrity Database (https://organic.ams.usda.gov/integrity). Organic imports not associated with a valid NOP-IC will not be allowed to claim the shipment as certified organic. Also, the AMS AM8 tariff flag will be enforced with a reject severity in ACE Production. AM7 flags will continue to be enforced with a warning severity. 

New Codes for entries that will flag in ACE but are not required to have an NOP-IC – these are filed under OR2: 

  • American Certified Organic Goods Returned: 333-550-R 

  • Non-Retail Sales/Donations: 333-800-E 

  • Personal Goods/e-Commerce: 010-737-M 

NOP has deployed a Continuity of Operations Plan (COOP) for all certifiers to issue the NOP-IC in the event of an extended outage of USDA systems. Certifiers will issue a manual version of the NOP-IC, and the Import Certificate Number will be a 9-digit code that ends with “C” (e.g., 840-395-C) that is unique to the certifier that issued the NOP-IC. Brokers and filers will notice that in the event of a system outage, certificate numbers will be 9 digits, not the usual 21 digits. Please be aware that the 9-digit certificate numbers that end with “C“ must be filed under the OR1 Message Set.

For further information on the Strengthening Organic Enforcement regulation including updated FAQs, see: https://www.ams.usda.gov/rules-regulations/strengthening-organic-enforcement.

https://content.govdelivery.com/bulletins/gd/USDHSCBP-3add1e9?wgt_ref=USDHSCBP_WIDGET_2

Office of the U.S. Trade Representative Continues to Review Public Comments for Proposed Modifications to China 301 Actions

July 30, 2024

On May 28, 2024, USTR proposed certain modifications of the actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. 

In response to the May 28 Notice, USTR received more than 1,100 comments from the public. In consultation with the Section 301 committee, USTR continues to review all comments and expects its final determination will now be issued in August 2024. USTR expects that the modifications slated for 2024 will take effect approximately two weeks after it makes the final determination public. 

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/july/office-us-trade-representative-continues-review-public-comments-proposed-modifications-china-301

USTR Announces Fiscal Year 2025 WTO Tariff-Rate Quota Allocations for Raw Cane Sugar, Refined and Specialty Sugar, and Sugar-Containing Products

July 25, 2024

WASHINGTON – The Office of the U.S. Trade Representative (USTR) today announced the country-specific and first-come, first-served in-quota allocations of the tariff-rate quotas (TRQs) on imported raw cane sugar, refined and specialty sugar, and sugar-containing products for Fiscal Year (FY) 2025 (October 1, 2024, through September 30, 2025). 

TRQs allow countries to export specified quantities of a product to the United States at a relatively low tariff, but subject all imports of the product above a pre-determined threshold to a higher tariff.

On June 14, 2024, the Acting Administrator of the Foreign Agricultural Service of the U.S. Department of Agriculture (Administrator) announced the establishment of the in-quota quantity for raw cane sugar for FY 2025.  The in-quota quantity for the TRQ on raw cane sugar for FY 2025 is 1,117,195 metric tons raw value (MTRV)*, which is the minimum amount to which the United States is committed under the World Trade Organization (WTO) Agreement.  USTR is allocating the raw cane sugar TRQ of 1,117,195 MTRV to the following countries in the quantities specified below:

USITC VOTES TO CONTINUE INVESTIGATIONS ON VANILLIN 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 vanillin from China that are allegedly sold in the United States at less than fair value and subsidized by the governments of China.

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 determinations, the U.S. Department of Commerce will continue its investigations of imports of vanillin from China, with its preliminary countervailing duty determination due on or about August 29, 2024, and its preliminary antidumping duty determination due on or about November 12, 2024.

The Commission’s public report Vanillin from China, (Inv. Nos. 701-TA-728 and 731-TA-1697 (Preliminary), USITC Publication 5527, July 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by August 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/er0719_65430.htm

USITC VOTES TO CONTINUE INVESTIGATION ON LARGE TOP-MOUNT COMBINATION REFRIGERATOR-FREEZERS FROM THAILAND

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 large top-mount combination refrigerator-freezers from Thailand that are allegedly sold in the United States at less than fair value.

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

As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue its investigation of imports of large top-mount combination refrigerator-freezers from Thailand, with its preliminary antidumping duty determination due on or about November 26, 2024.

The Commission’s public report Large Top-Mount Combination Refrigerator-Freezers from Thailand, (Inv. No. 731-TA-1696 (Preliminary), USITC Publication 5528, July 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by August 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/er0719_65431.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING RIPE OLIVES FROM SPAIN

The U.S. International Trade Commission (USITC) voted today determined that revoking the existing antidumping and countervailing duty orders on ripe olives from Spain 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 Spain 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 Ripe Olives from Spain (Inv. Nos.701-TA-582 and 731-TA-1377 (Review), USITC Publication 5526, July 2024) will contain the views of the Commission and information developed during the reviews. 

The report will be available by August 2, 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/er0716_65415.htm

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

CARM: Assess and pay duties and taxes on imported commercial goods

The CBSA Assessment and Revenue Management (CARM) digital initiative is changing how CBSA assesses and collects duties and taxes on commercial goods imported into Canada.

In October 2024, CARM will become the official system of record that importers and other trade chain partners will use to pay duties and taxes.

LATEST

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN DISPOSABLE VAPORIZER DEVICES

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain disposable vaporizer devices. 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 RAI Strategic Holdings, Inc of Winston-Salem, NC, R.J. Reynolds Vapor Company of Winston-Salem, NC, R.J. Reynolds Tobacco Company of Winston-Salem, NC, RAI Services Company of Winston-Salem, NC on June 11, 2024 and supplemented on June 12, 2024 and July 1, 2024. The 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 disposable vaporizer devices that infringe a patent asserted by the complainants. The complainants request 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:

  • Breeze Smoke LLC, West Bloomfield, MI 

  • Dongguan (Shenzhen) Shikai Technology Co., Ltd., Guangdong Province, China 

  • Vapeonly Technology Co. Ltd., San Po Kong, Kowloon, Hong Kong 

  • iMiracle (Shenzhen) Technology Co. Ltd., Luohu District, Shenzhen, China

  • Guangdong Qisitech Co., Ltd., Dongguan, Guangdong Province, China

  • Fewo Intelligent Manufacturing Ltd., Dongguan City, Guangdong Province, China

  • Nevera (HK) Ltd., San Po Kong, Kowloon, Hong Kong

  • Guangdong Cellular Workshop Electronics Technology Co., Ltd, 

  • Dongguan City, Guangdong Province, China

  • Wonder Ladies Ltd., Tortola, British Virgin Islands

  • Sailing South Ltd., Tortola, British Virgin Islands

  • Marea Morada Ltd., Tortola, British Virgin Islands

  • Social Brands, LLC, Dallas, TX

  • Zhuhai Qisitech Co., Ltd., Zhuhai, Guangdong Province, China

  • Shenzhen Han Technology Co., Ltd., Shenzhen, Guangdong Province, China

  • Palma Terra Ltd., Tortola, British Virgin Islands

  • Shenzhen IVPS Technology Co., Ltd., Shenzhen, Guangdong Province, China

  • Heaven Gifts International Ltd., San Po Kong, Kowloon, Hong Kong

  • Maduro Distributors d/b/a The Loon, Minneapolis, MN

  • Bidi Vapor, LLC, Orlando, FL

  • Kimsun Technology (HuiZhou) Co., Ltd., Shenzhen, Guangdong Province, China 

  • Shenzhen Yanyang Technology Co., Ltd., Shenzhen, Guangdong Province, China

  • Pastel Cartel, LLC, Austin, TX

  • American Vape Company, LLC, Pflugerville, TX

  • Affiliated Imports, LLC, Austin, TX

  • Shenzhen LC Technology Co., Ltd., Shenzhen, Guangdong Province, China

  • LCF Labs, Inc., Ontario, CA

  • Shenzhen Kangvpe Technology Co., Ltd., Bao’an District, Shenzhen, Guangdong Province, China

  • Flumgio Technology Ltd., Tuen Mun, N.T., Hong Kong

  • Shenzhen Pingray Technology, Shenzhen, Guangdong Province, China

  • SV3, LLC d/b/a Mi-One Brands, Phoenix, AZ

  • Price Point Distributors Inc. d/b/a Price Point NY, Farmingdale, NY

  • Flawless Vape Shop Inc, Anaheim, CA

  • Flawless Vape Wholesale & Distribution Inc., Anaheim, CA

  • TheSy, LLC d/b/a Element Vape, Alhambra, CA

  • VICA Trading Inc. d/b/a Vapesourcing, Tustin, CA

Read More→ https://www.usitc.gov/press_room/news_release/2024/er0717_65420.htm

INCREASED IMPORTS OF FINE DENIER POLYESTER STAPLE FIBER INJURE U.S. INDUSTRY, USITC DETERMINES

The U.S. International Trade Commission (USITC) today determined that fine denier polyester staple fiber (PSF) is being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article.

The determination was made in the context of an investigation initiated on February 28, 2024 under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) in response to a petition filed by 

Fiber Industries LLC d/b/a Darling Fibers, Nan Ya Plastics Corp, America, and Sun Fiber LLC. Information about this investigation and global safeguard investigations is available in the factsheet. 

The Commission’s determination resulted from a 4-0 vote. Chair Amy K. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns vote in the affirmative.

As a result of today’s vote, the Commission will proceed to the remedy phase of the investigation. The Commission will hold a public hearing on remedy on July 23, 2024.  The Commission will submit its report containing its injury determination, remedy recommendations, certain additional findings, and the basis for them to the President by August 26, 2024.

When the Commission makes an affirmative injury determination in a global safeguard investigation, it is required to make certain additional findings under the statutes implementing certain free trade agreements. 

Pursuant to these statutes, the Commission finds that imports of fine denier PSF from neither Canada nor Mexico account for a substantial share of total imports.  It also finds that imports of fine denier PSF from each other free trade agreement partner country, individually, are not a substantial cause of serious injury or threat thereof. Read More→

https://www.usitc.gov/press_room/news_release/2024/er0709_65394.htm

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