Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions and technical amendments.

SUMMARY:

In September of 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action. This notice also announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in Annex A. As specified in Annex B, this notice also makes technical amendments to the $200 billion action and to the $300 billion action announced in August 2019.

DATES:

The product exclusions announced in this notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The technical amendments in Annex B to the $200 billion and $300 billion actions are effective as of the respective effective date of those actions. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20442/notice-of-product-exclusions-amendment-to-the-exclusion-process-and-technical-amendments-chinas-acts

Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions.

SUMMARY:

Effective August 23, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $16 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative's determination included a decision to establish a product exclusion process. The U.S. Trade Representative initiated the exclusion process in September 2018, and stakeholders have submitted requests for the exclusion of specific products. In July 2019, the U.S. Trade Representative granted exclusion requests. This notice announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in the Annex to this notice. The U.S. Trade Representative will continue to issue decisions on pending requests on a periodic basis.

DATES:

The product exclusions announced in this notice will apply as of the August 23, 2018 effective date of the $16 billion action, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

FOR FURTHER INFORMATION CONTACT:

For general questions about this notice, contact Assistant General Counsels Philip Butler or Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@cbp.dhs.gov. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20440/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

APHIS Adds Hong Kong to the List of Regions Affected by African Swine Fever

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) added Hong Kong to the list of regions affected by African swine fever (ASF). On May 12, 2019, the Hong Kong veterinary authorities reported an ASF occurrence to the World Organization of Animal Health (OIE). In response to that report, APHIS added Hong Kong to the list of regions affected with ASF on July 15, 2019. Pork and pork products, including casings, are now subject to import restrictions.

ASF is a highly contagious disease of wild and domestic pigs that can spread quickly in swine populations. A list of regions where ASF exists can be found on the APHIS website here.

https://www.aphis.usda.gov/aphis/newsroom/federal-register-posts/sa_by_date/sa-2019/asf-hong-kong

Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions and technical amendments.

SUMMARY:

In September of 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action. This notice also announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in Annex A. As specified in Annex B, this notice also makes technical amendments to the $200 billion action and to the $300 billion action announced in August 2019.

DATES:

The product exclusions announced in this notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The technical amendments in Annex B to the $200 billion and $300 billion actions are effective as of the respective effective date of those actions. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20442/notice-of-product-exclusions-amendment-to-the-exclusion-process-and-technical-amendments-chinas-acts

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SEMICONDUCTOR DEVICES, PRODUCTS CONTAINING THE SAME, AND COMPONENTS THEREOF (I)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, products containing the same, and components thereof (I).  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 Globalfoundaries U.S. Inc. of Santa Clara, CA, on August 26, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, products containing the same, and components thereof (I) 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 as respondents in this investigation:

Taiwan Semiconductor Manufacturing Co., Ltd., of Hsinchu, Taiwan;
TSMC North America of San Jose, CA;
MediaTek lnc. of Hsinchu, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Qualcomm Inc. of San Diego, CA;
Xilinx, Inc., of San Jose, CA;
Avnet, Inc., of Phoenix, CA;
Digi-Key Corporation of Thief River Falls, MN;
Mouser Electronics, Inc., of Mansfield, TX;
TCL Corporation of Guangdong, China
TCL Multimedia Technology Holdings of Shenzhen, Guangdong Province, China;
Hisense Co. Ltd. of Qingdao, China;
Hisense USA Corp. of Suwanee, GA;
Hisense Import & Export Co. Ltd. of Qingdao, China;
Hinsense Electric Co., Ltd., of Qingdao, China;
Hisense International Co., Ltd., of Qingdao, China;
Hisense Group Co., Ltd., of Qingdao, China;
Qingdao Hisense Communication Co., Ltd., of Qingdao, Shandong, China;
Google LLC of Mountain View, CA;
Motorola Mobility LLC of Chicago, IL;
BLU Products of Doral, FL; and
OnePlus Technology Co., Ltd., of Shenzhen, Guangdong, China. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0926ll1167.htm

Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of modification of action.

SUMMARY:

In accordance with the specific direction of the President, the U.S. Trade Representative has determined to modify the action being taken in this Section 301 investigation by increasing the rate of additional duty from 10 to 15 percent for the products of China covered by the $300 billion tariff action published on August 20, 2019.

DATES:

For products covered by Annex A of the August 20, 2019 notice (84 FR 43304), the rate of additional duty will be 15 percent on the current effective date of September 1, 2019. For products covered by Annex C of the August 20 notice, the rate of additional duty will be 15 percent on the current effective date of December 15, 2019.

FOR FURTHER INFORMATION CONTACT:

For questions about this action, contact Associate General Counsel Arthur Tsao or Assistant General Counsel Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-5725. For questions on customs classification or implementation of additional duties on products identified in the Annexes to this notice, contact traderemedy@cbp.dhs.gov. Read More →

https://www.federalregister.gov/documents/2019/08/30/2019-18838/notice-of-modification-of-section-301-action-chinas-acts-policies-and-practices-related-to

SEPT. 1 CHINA TARIFFS: USITC TAKES STEPS TO HELP USERS FIND HTS NUMBERS AFFECTED

Tariffs on a new group of imports from China are scheduled to take effect on September 1, 2019.  The additional 2000+ products covered by the tariffs were listed in a Federal Register notice published by the U.S. Trade Representative on August 20, 2019.

Because of the short time between the announcement of the products affected and the effective date of the tariffs, the U.S. International Trade Commission will be unable to cross-reference the Chapter 99 updates with other HTS chapters, as it has done in the past. 

To assist HTS users seeking to determine if their imports are affected, the USITC is taking the following actions:

  • The HTS numbers of products covered by the tariffs that are effective as of September 1, 2019, were outlined in Annex A of the USTR’s August 20, 2019, Federal Register notice. The USITC will post a link to Annex A on the HTS-by-Chapter page at https://hts.usitc.gov/current. The link is labeled “China Tariffs.”

HTS users should use the “China Tariffs” link rather than searching other HTS chapters to locate affected products.The list at this link is searchable by HTS number.

Importers with questions about the tariffs can contact the USTR Section 301 Hotline at 202-395-5725. 

Those with technical questions about the HTS or the new links can contact the USITC at https://www.usitc.gov/tariff_affairs/hts_help.

To view published document, visit: https://www.usitc.gov/press_room/featured_news/sept_1_china_tariffs_usitc_takes_steps_help_users.htm

CSMS # - UPDATE: Updated Information on Section 301 Trade Remedies to be Assessed on Certain Products of China; Fourth List of Products Subject to the Section 301 Remedy (Tranche 4)

This messages provides notice of modification to the action being taken in the Section 301 investigation which increases the rate of additional duty from 10 to 15 percent for the products of China covered by the $300 billion tariff action (Tranche 4) published on August 20, 2109.

BACKGROUND:

On August 20, 2019, the United States Trade Representative (USTR) published a Modification of Section 301 Action in 84 FR 43304 introducing another imposition of additional tariffs on products of China with an annual trade value of approximately $300 billion which is referred to as Tranche 4.  The tariff subheadings subject to additional duties under Tranche 4 are separated into two lists with different effective dates – Annex A contains the formal Harmonized Tariff Schedule of the United States (HTSUS) language for list 1 and Annex B contains an informal description of the products in list 1.  Annex C contains the formal HTSUS language for list 2 and Annex D contains an informal description of the products in list 2.

On August 30, 2019, in accordance with the specific direction of the President, the USTR published their determination to modify the action being taken in the Section 301

investigation by increasing the rate of additional duty from 10 to 15 percent for the

products of China covered by the $300 billion tariff action (Tranche 4).  See 84 FR 45821.

  • List 1 will be in effect on September 1, 2019 with additional duty of 15 percent

  • List 2 will be in effect on December 15, 2019 with additional duty of 15 percent Read More →

https://content.govdelivery.com/bulletins/gd/USDHSCBP-25c0f6a?wgt_ref=USDHSCBP_WIDGET_2

SEPT. 1 CHINA TARIFFS: USITC TAKES STEPS TO HELP USERS FIND HTS NUMBERS AFFECTED

Tariffs on a new group of imports from China are scheduled to take effect on September 1, 2019.  The additional 2000+ products covered by the tariffs were listed in a Federal Register notice published by the U.S. Trade Representative on August 20, 2019.

Because of the short time between the announcement of the products affected and the effective date of the tariffs, the U.S. International Trade Commission will be unable to cross-reference the Chapter 99 updates with other HTS chapters, as it has done in the past. 

To assist HTS users seeking to determine if their imports are affected, the USITC is taking the following actions:

  • The HTS numbers of products covered by the tariffs that are effective as of September 1, 2019, were outlined in Annex A of the USTR’s August 20, 2019, Federal Register notice. The USITC will post a link to Annex A on the HTS-by-Chapter page at https://hts.usitc.gov/current. The link is labeled “China Tariffs.”

HTS users should use the “China Tariffs” link rather than searching other HTS chapters to locate affected products.The list at this link is searchable by HTS number.

Importers with questions about the tariffs can contact the USTR Section 301 Hotline at 202-395-5725. 

Those with technical questions about the HTS or the new links can contact the USITC at https://www.usitc.gov/tariff_affairs/hts_help.

Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

SUMMARY:

In accordance with the specific direction of the President, the U.S. Trade Representative has determined to modify the action being taken in this Section 301 investigation by increasing the rate of additional duty from 10 to 15 percent for the products of China covered by the $300 billion tariff action published on August 20, 2019.

DATES:

For products covered by Annex A of the August 20, 2019 notice (84 FR 43304), the rate of additional duty will be 15 percent on the current effective date of September 1, 2019. For products covered by Annex C of the August 20 notice, the rate of additional duty will be 15 percent on the current effective date of December 15, 2019. Read More →

https://www.federalregister.gov/documents/2019/08/30/2019-18838/notice-of-modification-of-section-301-action-chinas-acts-policies-and-practices-related-to

Harmonized Tariff Schedule (2019 Revision 12)

The changes in this revision resulted from 2 recent notices, as shown in the change record and in this document:

Notice, “Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (84 Fed. Reg. 43304 of August 20, 2019), effective September 1, 2019.

Notice, “Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (84 Fed. Reg. 45821 of August 30, 2019), effective September 1, 2019.

For complete document, visit https://hts.usitc.gov/current.

Request for Comments Concerning Proposed Modification of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

SUMMARY:

In accordance with the specific direction of the President, the U.S. Trade Representative proposes to modify the action being taken in this investigation by increasing the rate of additional duty from 25 percent to 30 percent on the products of China currently subject to tariff actions first taken in June, August, and September 2018, with an aggregate annual trade value of approximately $250 billion. The products subject to this proposed modification are specified in prior notices, and for the convenience of the public also are set out in the Annexes to this notice. The Office of the U.S. Trade Representative invites public comment on the proposed modification.

DATES:

September 20, 2019: To be assured of consideration, submit written comments by September 20, 2019.

October 1, 2019: The proposed modification would be effective on October 1, 2019.

ADDRESSES:

Submit public comments and the public version of comments containing business confidential information (BCI) through the Federal eRulemaking Portal: http://www.regulations.gov. The docket number is USTR-2019-0015. Follow the instructions for submitting comments in sections D below. Email comments containing BCI to 301bcisubmissions@ustr.eop.gov. Read More →

https://www.federalregister.gov/documents/2019/09/03/2019-18946/request-for-comments-concerning-proposed-modification-of-action-pursuant-to-section-301-chinas-acts

Randolph J. Stayin Sworn in as U.S. International Trade Commissioner

Randolph J. Stayin, a Republican of Virginia, was sworn in today as a Commissioner of the U.S. International Trade Commission (USITC). He was confirmed by the U.S. Senate on August 1, 2019, for the term expiring on June 16, 2026.

Commissioner Stayin brings to the USITC more than 40 years of litigation, legislative, and regulatory advocacy experience in international trade policy, trade law, and regulatory compliance.  As an attorney in private practice, he represented clients in antidumping and countervailing duty proceedings, including investigations, sunset reviews, administrative reviews, scope reviews, and anti-circumvention investigations.  In addition, global safeguard investigations under section 201, investigations of unfair trade practices under section 301, section 232 national security investigations, and investigations related to the Generalized System of Preferences were also significant in his practice.  He has litigated appeals before the U.S. Court of International Trade, the Court of Appeals for the Federal Circuit, and North American Free Trade Agreement (NAFTA) dispute resolution panels.

Commissioner Stayin is the former Chief of Staff and Director of Legislation to U.S. Senator Robert Taft, Jr., of Ohio. In this role, he led key legislative and political campaigns, advised on proposed legislation and policy implementation, served as the Senator’s lead adviser in negotiating the passage of the Trade Act of 1974, and managed the Senator’s legislative, political, and support staffs on Capitol Hill and in Ohio.

Prior to his confirmation, Commissioner Stayin also maintained a nonprofit trade association consulting practice, advising clients on a range of nonprofit issues, including legislation, policy, trade, contracts, corporation, employment, technical standards, and antitrust matters. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0823ll1146.htm

USITC VOTES TO CONTINUE INVESTIGATIONS OF UTILITY SCALE WIND TOWERS FROM CANADA, INDONESIA, KOREA, AND VIETNAM

August 22, 2019

News Release 19-077

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 utility scale wind towers from Canada, Indonesia, Korea, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of Canada, Indonesia, and Vietnam.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative.  Commissioners Irving A. Williamson and Meredith M. Broadbent did not participate in these votes.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from Canada, Indonesia, Korea, and Vietnam, with its preliminary countervailing duty determinations due on or about October 2, 2019, and its preliminary antidumping duty determinations due on or about December 16, 2019.

The Commission’s public report Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam (Inv. Nos. 701-TA-627-629 and 731-TA-1458-1461 (Preliminary), USITC Publication 4952, August 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available after September 20, 2019; 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/2019/er0822ll1144.htm

Notice of Modification of Section 301 Action: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

SUMMARY:

In accordance with the specific direction of the President, the U.S. Trade Representative (Trade Representative) has determined to modify the action being taken in this Section 301 investigation by imposing additional duties of 10 percent ad valorem on products of China classified in the tariff subheadings set out in the Annexes to this notice.

DATES:

Additional duties at a rate of 10 percent ad valorem on the tariff subheadings set out in Annex A to this notice are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after September 1, 2019. Additional duties at a rate of 10 percent ad valorem on the tariff subheadings set out in Annex C to this notice are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after December 15, 2019.

FOR FURTHER INFORMATION CONTACT:

For questions about this action, contact Associate General Counsel Arthur Tsao or Assistant General Counsel Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-5725. For questions on customs classification or implementation of additional duties on products identified in the Annexes to this notice, contact traderemedy@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

A. Prior Determinations in the Investigation

On August 18, 2017, the Trade Representative initiated an investigation into certain acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation.82 FR 40213. In April 2018, the Trade Representative published a notice of a determination that the acts, policies, and practices of China under investigation are unreasonable or discriminatory and burden or restrict U.S. commerce, and are thus actionable under Section 301(b) of the Trade Act of 1974, as amended (Trade Act).83 FR 14906. Read More →

https://www.federalregister.gov/documents/2019/08/20/2019-17865/notice-of-modification-of-section-301-action-chinas-acts-policies-and-practices-related-to

Assessment of Fees for Dairy Import Licenses for the 2020 Tariff-Rate Import Quota Year

SUMMARY:

This notice announces a fee of $300 to be charged for the 2020 tariff-rate quota (TRQ) year for each license issued to a person or firm by the Department of Agriculture authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule (HTS) of the United States.

DATES:

August 8, 2019.

FOR FURTHER INFORMATION CONTACT:

Abdelsalam El-Farra, (202) 720-9439; abdelsalam.el-farra@fas.usda.gov.

SUPPLEMENTARY INFORMATION:

The Dairy Tariff-Rate Quota Import Licensing Regulation promulgated by the Department of Agriculture and codified at 7 CFR 6.20-6.36 provides for the issuance of licenses to import certain dairy articles that are subject to TRQs set forth in the HTS. Those dairy articles may only be entered into the United States at the in-quota TRQ tariff-rates by or for the account of a person or firm to whom such licenses have been issued and only in accordance with the terms and conditions of the regulation. Read More →

https://www.federalregister.gov/documents/2019/08/08/2019-16932/assessment-of-fees-for-dairy-import-licenses-for-the-2020-tariff-rate-import-quota-year

APHIS Adds Cambodia to the List of Regions Affected by African Swine Fever

The U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) has added Cambodia to the list of regions affected by African swine fever (ASF). On April 3, 2019, the Cambodian veterinary authorities reported an ASF occurrence to the World Organization of Animal Health (OIE). In response to that report, APHIS added Cambodia to the list of regions affected with ASF on April 4, 2019. However, imported swine products from Cambodia were already restricted due to other dangerous swine diseases in that country. Those restrictions remain in place.

ASF is a highly contagious disease of wild and domestic pigs that can spread quickly in swine populations. A list of regions where ASF exists can be found on the APHIS website here. Read Article →

https://www.aphis.usda.gov/aphis/newsroom/federal-register-posts/sa_by_date/sa-2019/asf-cambodia

Customs Broker Verification of an Importer's Identity

This rule proposes to amend the U.S. Customs and Border Protection (CBP) regulations to require customs brokers to collect certain information from importers to enable the customs brokers to verify the identity of importers, including nonresident importers. CBP proposes these amendments, pursuant to section 116 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which directs CBP to promulgate regulations to require brokers to verify the identity of the importers who are their clients.

DATES:

Comments must be received on or before October 15, 2019.

ADDRESSES:

You may submit comments, identified by docket number, by one of the following methods:

USTR Announces Next Steps on Proposed 10 Percent Tariff on Imports from China

Washington, DC - The United States Trade Representative (USTR) today announced the next steps in the process of imposing an additional tariff of 10 percent on approximately $300 billion of Chinese imports. 

On May 17, 2019, USTR published a list of products imported from China that would be potentially subject to an additional 10 percent tariff.  This new tariff will go into effect on September 1 as announced by President Trump on August 1. 

Certain products are being removed from the tariff list based on health, safety, national security and other factors and will not face additional tariffs of 10 percent.

Further, as part of USTR’s public comment and hearing process, it was determined that the tariff should be delayed to December 15 for certain articles.  Products in this group include, for example, cell phones, laptop computers, video game consoles, certain toys, computer monitors, and certain items of footwear and clothing. 

USTR intends to conduct an exclusion process for products subject to the additional tariff.

The USTR will publish in the Federal Register as soon as possible additional details and lists of the tariff lines affected by this announcement. Read Article →

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN MOBILE DEVICES WITH MULTIFUNCTION EMULATORS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices with multifunction emulators.  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 Dynamics Inc. of Cheswick, PA, on July 12, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices with multifunction emulators 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 as respondents in this investigation:

Samsung Electronics Co., Ltd., of Suwon, Gyeonggi, Republic of Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1170), 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. Read Article →