Recent Filings at the USITC

As 2018 came to a close, there were numerous new filings at the U.S. International Trade Commission (USITC)[1]. Since our last article, these filings include 337 Complaints, 701 (countervailing duty) & 731 (antidumping duty) Petitions, 131 Requests, and one request for investigation under sections 201-202 of the Trade Act of 1974.

Under Section 337 of the Tariff Act of 1930, the USITC conducts investigations into allegations of certain unfair practices in import trade. The large majority of these investigations revolve around allegations of registered trademark or patent infringement. Other investigations may involve misappropriation of trade secrets, false advertising, violations of antitrust laws, and other allegations of forms of unfair competition.[2]

In recent months, ten 337 Complaints have been filed at the Commission, as shown in Table 1 below.

Table 1. Recently Filed 337 Complaints

Docket No. Received DateType Commodity Investigation No.
3358 12/19/18 337 Complaint Integrated Circuits and Products Containing the Same Pending Institution
3357 12/10/18 337 Complaint Dental and Orthodontic Scanners and Software Pending Institution
3356 12/7/18 337 Complaint Pickup Truck Folding Bed Cover Systems Pending Institution
3355 12/6/18 337 Complaint Pocket Lighters
3354 11/20/18 337 Complaint Cartridges for Electronic Nicotine Delivery Systems Pending Institution
3351 11/8/18 337 Complaint Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components 337-TA-1140
3346 10/3/18 337 Complaint Electronic Nicotine Delivery Systems 337-TA-1139
3342 9/14/18 337 Complaint LTE- and 3G-Compliant Cellular Communications Devices 337-TA-1138
3341 9/12/18 337 Complaint Semiconductor Lithography Systems 337-TA-1137
3340 9/10/18 337 Complaint Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof 337-TA-1136

The Tariff Act of 1930 also provided U.S. Industries with the ability to petition the government for relief from imports that are dumped in the U.S. (i.e. sold at less than fair value) or which benefit from subsidies provided through foreign government programs.[3]

There have been six new 701 & 731 Petitions filed, as shown in Table 2 below.

Table 2. Recently Filed 701 & 731 Petitions

Docket No. Received DateType Commodity Investigation No.
3349 10/24/18 701 & 731 Petition Magnesium 701-TA-614 and 731-TA-1431
3347 10/18/18 701 & 731 Petition Polyester Textured Yarn 701-TA-612-613 and 731-TA-1429-1430
3345 9/21/18 701 & 731 Petition Aluminum Wire and Cable 701-TA-611 and 731-TA-1428
3344 9/20/18 701 & 731 Petition Refillable Stainless Steel Kegs 701-TA-610 and 731-TA-1425-1427
3343 9/18/18 701 & 731 Petition Mattresses 731-TA-1424
3339 9/5/18 701 & 731 Petition Strontium Chromate 731-TA-1422-1423

The remaining matters filed at the Commission recently were mainly 131 requests. 131 requests essentially ask the Commission to investigate the probable economical effect of providing duty-free treatment for imports of certain currently dutiable products.[4] These requests have been filed by the USTR. Lastly, there was a request that the Commission conduct an investigation under sections 201-202 of the Trade Act of 1974 (seeking safeguard relief from imports of Certain Assembled Bicycles).[5] This petition has been withdrawn.[6]

Table 3. Recently Filed 131 Requests, and Other

Docket No.Received DateTypeCommodityInvestigation No.
335311/9/18131 RequestProbable Economic Effect of Duty-Free Treatment (UK)
335211/9/18131 RequestU.S.-EU Trade Agreement: Advice on the Probably Economic Effect of Providing Duty-Free Treatment for Currently Dutiable ImportsTA-131-044and TPA-105-005
335010/26/18131 RequestProbably Economic Effect of Duty-Free Treatment for Imports of Currently Dutiable Products from Japan
334810/18/18OtherAssembled Bicycles

CapTrade plans to post links to new filings as they are submitted in the coming months.


[1] Recent Petitions & Complaints, USITC, accessed January 24, 2019, https://www.usitc.gov/petitions_and_complaints .

[2] “Understanding Investigations Of Intellectual Property Infringement And Other Unfair Practices In Import Trade (Section 337).” USITC.  https://www.usitc.gov/press_room/us337.htm .

[3] See sections 701 & 731 of the Tariff Act of 1930. https://enforcement.trade.gov/regs/title7.txt .[

[4] See the description of the 131 Request of the Probable Economic Effect of Duty-Free Treatment (UK) at https://www.usitc.gov/3353.htm .

[5] Docket Number 3348, USITC, received October 18, 2018, https://www.usitc.gov/3348.htm .

[6] Id.




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