Business Alert - US
USITC Initiates AD Investigation on Activated Carbon from China. On 2 February, the USITC announced that it has instituted an AD investigation (731-TA-1102) to determine whether there is a reasonable indication that a US industry is materially injured or threatened with material injury by reason of imports of activated carbon from China that are allegedly sold in the US at less than fair value. The subject merchandise is classified under HTSUS subheading 3802.10.00. The USITC is expected to reach a preliminary determination by 13 March and will submit its views to the DOC five business days thereafter.
USITC Terminates Section 337 Investigation on Certain Colour TV Receivers and Display Monitors from China. The USITC has decided to terminate an investigation initiated on 29 March 2005 under Section 337 of the 1930 Tariff Act of certain colour television receivers and colour display monitors and components thereof from China. Section 337 allows the USITC to investigate whether there is unfair competition in the importation of products or their subsequent sale in the US. Such unfair competition may include infringement of patents, copyrights, and registered trademarks. In this particular case, the investigation was based on a complaint filed by Thomson Licensing S.A. and Thomson Licensing Inc. alleging patent violations. The following companies were identified as respondents: BenQ Optronics (Suzhou) Co (mainland China); BenQ Corp. (Taiwan); AU Optronics Corp. (Taiwan); and BenQ America Corp. (California).
On 20 December 2005, the presiding administrative law judge in the case granted a joint motion filed by the complainants to terminate the investigation on the basis of a settlement agreement. The USITC has decided not to review this decision and is thus officially terminating the case.
USITC Initiates Sunset Review of AD Duty Order on Fresh Garlic from China. The USITC has initiated a sunset review of the AD duty order on fresh garlic from China. The USITC will seek to determine whether the revocation of this order would be likely to lead to continuation or recurrence of material injury to a US industry within a reasonably foreseeable time. Interested parties may file a response to the notice of institution by 23 March. Comments on the adequacy of these responses may be filed by 17 April. The USITC will then assess the adequacy of interested party responses to determine whether to conduct a full review or an expedited review.