Tag Archives: ITC

New US Action Against Melamine Imports

On February 14, 2024, US melamine producer Cornerstone filed antidumping (AD) and countervailing duty (CVD) petitions against melamine imports from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices, and (b) government subsidized.  AD case is … Continue Reading

US ITC to Investigate Global Rice Trade

In a February 5, 2024 letter to the US International Trade Commission (ITC), US House of Representatives Ways & Means Committee Chair Jason Smith (Republican-Missouri) requested that the ITC conduct a Section 332 investigation into the global rice market. The ITC will institute the investigation in the coming weeks, and it could be the first … Continue Reading

New US Action Against Paper Plate Imports

On January 24, 2024, US paper plate producers filed antidumping (AD) and countervailing duty (CVD) petitions against paper plate imports from China, Thailand and Vietnam claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices and (b) government subsidized.  AD case is against all three countries.  CVD … Continue Reading

New U.S. Action Against Wine Bottle Imports

On December 29, 2023, the U.S. Glass Producers Coalition filed antidumping (AD) and countervailing duty (CVD) petitions against glass wine bottle imports from China, Mexico and Chile claimed to be (a) dumped – i.e., sold into the United States at less than fair normal value prices and (b) government subsidized.  AD versus China, Mexico and … Continue Reading

Written Argument to ITC In AD/CVD Extruded Aluminum ITC Preliminary Injury Investigation

In post conference written filings, parties argued: U.S. Producer Petitioners Supporting AD/CVD During the 2020 to present U.S. International Trade Commission (ITC) period of investigation (POI), a surge in accused imports pummeled the U.S. market, taking huge sales from U.S. producers and inflicting material injury thereon. ITC should define a single like product (i.e., all … Continue Reading

Failure to Follow the Rules Dooms Requests for ITC Sanctions

The U.S. International Trade Commission is a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The ITC’s unique rules, however, can catch inexperienced counsel off guard. Our colleagues, Adam Hess and Alex Wolcott, review a recent decision emphasizing the need to know and understand the ITC’s rules regarding sanctions. … Continue Reading

The ITC Continues to be a Favorable Venue for Patent Owners

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission. Our colleagues, Adam Hess and Alex Wolcott, explain another reason – the potential for significant civil penalties (i.e., fines) assessed against an infringer who violates an ITC Consent Order. … Continue Reading

ITC Initiates Pilot Program for Interim Initial Determinations on 337 Investigations

In a recent blog post, our colleague Adam Hess reviews the U.S. International Trade Commission’s (ITC) new pilot program to allow Administrative Law Judges to issue interim Initial Determinations on fewer than all issues in Section 337 investigations. The new pilot program process is similar to that used by the ITC to implement its “100-day … Continue Reading

Trump Officials to Probe Produce Imports, Raising the Risk for More Tariffs in 2020

On September 1, the Office of the US Trade Representative, working with the Departments of Commerce (DOC) and of Agriculture (USDA), announced a number of actions aimed at supporting domestic producers of seasonal/perishable produce.  Their plans – which include new trade actions targeting certain fruit and vegetable imports – could have widespread impacts on produce … Continue Reading

USITC Finalizes Changes to Section 337 Procedural Rules

On May 8, 2018, the US International Trade Commission (ITC) completed the process that began in 2015 to change the rules governing its practice and procedures with respect to Section 337 investigations – the investigations that the ITC conducts under 19 U.S.C. § 1337 based on private party complaints against imported articles that allegedly violate … Continue Reading

Domestic Industry Lesson For Section 337 Litigants

The requirement of establishing a “domestic industry” in articles protected by a patent is a unique and important aspect of Section 337 litigation. Judge Shaw recently released an order denying the complainant’s request for summary judgment on the economic prong of the domestic industry requirement in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067 … Continue Reading

USITC Designates Investigation for Early Disposition

On January 17, 2018, the US International Trade Commission’s (USITC) Notice of Institution designated Certain IOT Devices and Components Thereof (IOT, The Internet of Things)—Web Applications Displayed On A Browser, Inv. No. 337-TA-1094 for early disposition. This is just the sixth such designation the USITC has made since the program was implemented and comes after four … Continue Reading

USITC Denies Entry into Early Disposition Pilot Program for Three More Cases

The US International Trade Commission (USITC) denied requests to enter Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof, Inv. No. 337-TA-1084 (Nov. 17, 2017); and the companion cases of Certain Color Intraoral Scanners and Related Hardware and Software, Inv. No. 337-TA-1090 and 337-TA-1091 (Dec. 14, 2017) into the USITC’s pilot program for early case disposition. Our sister publication, the Global IP & … Continue Reading

USITC Refuses Case for Early Disposition Pilot Program

The US International Trade Commission (USITC) recently denied a respondents’ request to enter Certain Shaving Cartridges, Components Thereof and Products Containing Same, Inv. No. 337-TA-1079, Order (Oct. 25, 2017) into the early disposition pilot program. Our sister publication, the Global IP & Technology Law Blog, looks into the decision here.… Continue Reading

Defaulters Beware: ITC Exclusion Order Survives District Court Non-Infringement Ruling

In the investigation of Certain Beverage Brewing Capsules, Components, Thereof, and Products Containing Same, Inv. No. 337-TA-929, the US International Trade Commission (ITC) recently issued a decision in which it declined to rescind an exclusion order issued against a defaulted party despite a district court’s summary judgment ruling that the party did not infringe the … Continue Reading

Federal Circuit Hands Out Decisions for the ITC on Invalidity Holdings

Following on our prior blog post on Certain Beverage Brewing Capsules, Components Thereof, and Products Containing Same, Inv. No. 337-TA-929, the Federal Circuit has recently ruled on an appeal of that case as well as one in Certain Wireless Headsets, 337-TA-943, both involving findings of patent invalidity. Continue reading on our sister blog, Global IP … Continue Reading

Simultaneous Rulings by USITC on Carbon and Alloy Steel Products Claims

The US International Trade Commission’s (USITC) investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and antitrust violations.… Continue Reading

ITC Determines Modification to Exclusion to Cover Components of Marine Sonar Imaging Devices

Squire Patton Boggs’ Global IP & Privacy Law Blog recently reported, the ITC, at complainant’s request, instituted a modification proceeding in Certain Marine Sonar Imaging Devices, Inv. No. 337-TA-921 (Modification Proceeding) and determined to modify its exclusion to cover components of the at-issue marine sonar imaging devices that are intended to be included in a fully-assembled … Continue Reading

ITC Grants Exclusion Order Modification to Include Components Imported for Assembling the Infringing Device

In an opinion made public just prior to the Labor Day weekend, the ITC has granted the complainant’s request to modify its order excluding marine sonar imaging devices to cover components that are intended to be included in a fully-assembled (also referred to as fully “kitted”) infringing product after importation. Certain Marine Sonar Imaging Devices, … Continue Reading

Trade Talk: Week in Review (29 August – 5 September 2016)

The U.S. Congress returns to Washington on Tuesday after a six-week recess.  On Monday, Senate Foreign Relations Committee (SFRC) Chairman Bob Corker (R-Tennessee) issued a statement on the perceived lack of strong U.S. leadership, setting the stage for potentially-increased Republican oversight this fall: Just as we saw our allies in Europe dissing us over the … Continue Reading
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