On January 14, 2025, ZND US Inc (Petitioner or ZND), domestic producer of temporary steel fencing, filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on temporary steel fencing from China. Such structures include fencing for construction … Continue Reading
On December 17, 2024, American Active Anode Material Producers, a trade association consisting of domestic manufacturers of certain active anode materials, filed petitions with the US Department of Commerce (DOC) and the US International Trade Commission (ITC) seeking the imposition of antidumping (AD) and countervailing duties (CVD) on imports of such materials from China. The … Continue Reading
On October 29, 2024, IDC Group, Inc., Iowa Spring Manufacturing, Inc., and Service Spring Corp. (Petitioners), domestic producers of overhead door counterbalance torsion springs (overhead door springs), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on … Continue Reading
On October 24, 2024, Lonza Greenwood LLC (Petitioner or Lonza), domestic producer of hard empty capsules (HECs), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) and countervailing duties (CVD) on imports of HECs from Brazil, China, India, and Vietnam. HECs … Continue Reading
On October 21, 2024, Smead Manufacturing Company, Inc. and TOPS Products LLC, collectively, the Coalition of Domestic Folder Manufacturers (Petitioner or Coalition) filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) on imports of paper file folders from Cambodia and Sri … Continue Reading
On October 8, 2024, Genera, Tellus Products LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (USW), collectively, “American Molded Fiber Coalition” (Petitioner or Coalition), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of … Continue Reading
On September 29, 2024, Bakelite LLC (Petitioner or Bakelite), domestic producer of granular hexamethylenetetramine (hexamine), filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping duties (AD) on imports of hexamine from China, Germany, India, and Saudi Arabia, and countervailing duties (CVD) on imports … Continue Reading
On May 16, 2024, U.S. producers filed antidumping (AD) and countervailing duty (CVD) petitions against imports of disposable aluminum containers, pans, and trays from China claimed to be (a) dumped – i.e., sold into the United States at less than fair/normal value prices and (b) government subsidized. The petition alleges dumping import duty margins of … Continue Reading
On March 1, 2024, the US International Trade Commission (ITC) officially announced the initiation of a new factfinding investigation into the global rice market. The investigation, titled “Rice: Global Competitiveness and Impacts on Trade and the U.S. Industry” (Investigation No. 332-603), was requested by US House of Representatives Committee on Ways and Means Chair Jason … Continue Reading
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
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
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
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
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
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
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
In a case of first impression, the ITC’s ALJ Cheney held that two AIA patents relating to improvements to a process for making an artificial sweetener are invalid based on the patentee’s sale of the unpatented sweetener made with that process before the applications for the process patents were filed. Our colleague, Adam Hess explains … Continue Reading
In a recent blog post, our colleague Adam Hess explains that the U.S. International Trade Commission (ITC) has expanded the methods through which service of a Section 337 complaint can be effected to include service via a Respondent’s Amazon.com seller profile page contact links. … Continue Reading
A new blog post by our colleague Ludmilla Kasulke examines a recent challenge against a Section 307 detention in federal court in the face of rising enforcement actions by the US Customs and Border Protection (CBP) that prohibit the importation of goods made with forced, indentured, or prison labor. Continue reading here.… Continue Reading
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
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
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
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
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
