News & Analysis as of

Imports Domestic Industry Requirement

ArentFox Schiff

New Antidumping Petitions on Truck and Bus Tires from Thailand

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On October 17, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) filed antidumping duty (AD) petitions on truck and bus tires from Thailand. ...more

Morrison & Foerster LLP

“Line-by-Line” vs. “As-a-Whole” Analysis: Clarifying the Mere Importer and Domestic Industry Analysis

The International Trade Commission’s (“Commission”) majority and dissenting opinions in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (“In Vitro Fertilization”) illustrate two...more

Jones Day

EU Chips Act: The EU's Push for Semiconductor Autonomy

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Background  - Recent supply disruptions in the semiconductor industry have highlighted the dependence of many global economies, including the EU, on imported chips manufactured in Asia....more

Jones Day

Imported Articles Satisfy the ITC’s Domestic Industry Requirement When Domestic Value-Add is Shown

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In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement when the Complainants were able to show significant domestic value-add....more

Jones Day

Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances

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In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement. Certain Height-Adjustable Desk Platforms and...more

Jones Day

Defaulting Respondent Left Holding the Bag

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A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more

Bennett Jones LLP

Canadian Anti-Dumping and Countervailing Duty Measures

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Goods imported into Canada are generally only subject to assessment of ordinary customs duty and goods and services tax (GST) or harmonized sales tax. However, during the course of any year, certain imported goods face the...more

McDermott Will & Emery

Domestic Industry May Include Old Investments with Sufficient Nexus to Continuing Expenditures

Addressing orders entered by the International Trade Commission (ITC) against imported ATMs, the US Court of Appeals for the Federal Circuit held that expenditures up to 10 years before the complaint may be used to establish...more

Mintz - Intellectual Property Viewpoints

The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers

On April 26, 2019, Administrative Law Judge (“ALJ”) Lord clearly stated in Certain Intraoral Scanner and Related Hardware and Software that the International Trade Commission’s (“ITC”) jurisdictional authority extends to...more

Bennett Jones LLP

Canada Ends Surtax on Certain Steel Imports but Launches Consultations on Other Protection

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Effective Monday, April 29, 2019, the Government of Canada discontinued its 25% provisional safeguard surtax imposed since October 25, 2018, on imports of concrete reinforcing bar, energy tubular products, hot-rolled sheet,...more

Perkins Coie

Made In USA: Increasing Challenges to False or Misleading U.S.-Origin Claims

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U.S. consumers notice and are more likely to buy products that are marketed as Made in USA. President Donald J. Trump proclaimed in his inaugural address that we should “follow two simple rules: Buy American and Hire...more

Jones Day

ALJ Provides Domestic Industry Proof Outline

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In a recent Order setting the procedural schedule for a 100-Day Pilot Program proceeding, Judge Lord provided a helpful outline for proofs necessary to establish the economic prong of domestic industry. Certain Solid State...more

Jones Day

100-Day Pilot Program Proceedings Remain Rare

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In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

Jones Day

Double Dipping Allowed in Domestic Industry Allocation

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The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

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