International Trade Commission

News & Analysis as of

NAFTA and the New Trump Administration: Your Top Ten Questions Answered

With the recent U.S. election finally reaching its close, the unexpected election of Mr. Trump has left many multinational companies wondering how the change in administration will impact their business operations. One of the...more

U.S. Lumber Producers Target Softwood Lumber Imports from Canada; Bilateral Negotiations Reinvigorated

Following a recent breakdown of bilateral negotiations, a group of U.S. companies calling itself COALITION (Committee Overseeing Action for Lumber International Trade or Negotiations) filed antidumping (AD) and countervailing...more

Supreme Court May Consider ITC’s Authority Over Trade Secret Matters

Here at TSW, we continue to watch closely developments in the Sino Legend v. ITC case. In September, Sino Legend petitioned the Supreme Court for a writ of certiorari to review whether Section 337 of the Tariff Act of 1930...more

Jawbone Fails to Prove Trade Secret Misappropriation by Fitbit at the ITC

Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work...more

USITC To Study the U.S. Aluminum Industry

The U.S. International Trade Commission recently heard testimony that global markets for aluminum and aluminum products are being distorted by Chinese subsidies. On September 29, 2016, the Commission held a public hearing in...more

ITC Stops Sany Crawler Cranes in their Tracks

The Federal Circuit recently issued another Rule 36 affirmance of an International Trade Commission order barring the importation of products made using misappropriated trade secrets. This time, the Commission barred for ten...more

Opportunity for temporary duty suspension or reduction - submit petitions for Miscellaneous Tariff Bills to ITC by 12/12/16

Companies seeking temporary duty suspensions or reductions have the opportunity to submit petitions for Miscellaneous Tariff Bills (MTBs) to the US International Trade Commission (ITC) until December 12, 2016....more

Business Litigation Report - October 2016

Structuring Foreign Investment to Ensure Treaty Protection - Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the...more

ITC Institutes “Certain Silicon-on-Insulator Wafers” Investigation – Only the Fourth 100-Day Pilot Program Ordered

On October 19, 2016, the ITC instituted Investigation No. 1025, based on a complaint filed on May 26, 2016, by Silicon Genesis Corporation (SiGen), against Soitec, S.A. (Soitec). As part of the institution, the ITC ordered...more

October 2016: International Trade Update

Litigating the First Case of International Economic Cyber Espionage Under Section 337 of the Tariff Act. In what has been described by analysts as the case that “could be the most significant development in U.S. steel trade...more

Opportunity to Seek Duty Savings on non-U.S. Made Imports through New Miscellaneous Tariff Bill Process

A 60-day time frame for requests to suspend tariffs on qualifying imports opened on Friday, October 14 and run through Monday, December 12, 2016. During this period, requestors may submit petitions to the International Trade...more

ITC Section 337 Update – October 2016

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema...more

Miscellaneous Tariff Bill Petition Process Goes Live - Potential for up to $500,000 in duty relief per product

The U.S. International Trade Commission (“ITC”) has begun accepting petitions seeking temporary duty suspensions and reductions pursuant to the American Manufacturing Competitiveness Act of 2016 (“the Act”). The Act...more

Trade & Manufacturing - October 2016

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the...more

Trade & Manufacturing - News of Note - October 2016

The WTO Opens Its Doors for the 15th Annual Public Forum - For the fifteenth time, the World Trade Organization (WTO) hosted its annual Public Forum in Geneva to provide a platform for an exchange of views among...more

ITC Votes to Impose Duties on Steel Imports

In September, the U.S. International Trade Commission (ITC) made affirmative determinations that imports of cold-rolled and hot-rolled steel flat products from several countries injure or threaten to injure U.S. producers of...more

MTB Petition Process Will Launch On October 14

The U.S. International Trade Commission (ITC) has published interim rules that will govern the submission and consideration of petitions for duty suspensions and reductions under the new Miscellaneous Tariff Bill (MTB)...more

U.S.-India Newsletter - Vol. 2016, Issue 3

Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and...more

What The Fed Circ. Says About IPR Estoppel

The inter partes review estoppel provision (35 U.S.C. § 315(e)) says that a petitioner (or real party in interest) in an IPR that results in a final written decision on a patent claim may not assert validity in a U.S. Patent...more

3D Printing: What it Means To Manufacturers Who Want To Sell Replacement Parts in a Digital Ecosystem

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers...more

Judge Oetken Holds That Forum-Selection Clause in License Agreement Does Not Trump First-to-File Rule Altogether

On September 16, 2016, District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Comcast Corp.’s (“Comcast”) motion for a preliminary injunction seeking to enjoin defendant Rovi Corp. (“Rovi”) from continuing to litigate its...more

Markman at the ITC and Its Effect on an Investigation

Several months ago, we were struck with the question of whether, as counsel for a patent owner at the ITC, our clients’ case would benefit from a Markman hearing. Claim construction during an ITC investigation was routinely...more

Deadlines to Request Duty Savings Fast Approaching! ITC to Kick-Off New MTB Process in October

Earlier this year, a new law revived the process for suspending tariffs on various products imported into the United States – known as the Miscellaneous Tariff Bill or MTB. The key change is moving from a legislative process...more

AliceStorm in the Dog Days of Summer

Over the past two months, the trends I've discussed in my previous blogs on AliceStorm have continued and become more entrenched. In particular, the Federal Circuit has been quite active, issuing nine decisions since late...more

International Trade Commission Launched New Import Monitoring Tool

The U.S. International Trade Commission (“USITC”) recently announced the launching of a new Import Monitoring Tool that will allow the public to monitor changes in U.S. imports. The Monitoring Tool was developed as mandated...more

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