Recent Petitions and Complaints Filed at the USITC

There have been numerous filings at the U.S. International Trade Commission (USITC), since our last article. Recent filings include 337 Complaints, 701 (countervailing duty) & 731 (antidumping duty) Petitions, 332 Requests, and one request from the U.S. Trade Representative.

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.[1]

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

Table 1. Recently Filed 337 Complaints

2018.09.06Table1.PNG

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.[2]

There have been some new 701 & 731 Petitions filed, mainly relating to steel commodities, as shown in Table 2 below.

Table 2. Recently Filed 701 & 731 Petitions

2018.09.06Table2.PNG

The remaining matters filed at the Commission recently are 332 requests, and a request from the USTR. Under Section 332, Tariff Act of 1930, the USITC is able to investigate any matter involving tariffs or international trade, including conditions of competition between U.S. domestic and foreign industries.[3]

Table 3. Recently Filed 332 Requests, and Other

2018.09.06Table3.PNG

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


Notes

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

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

[3] “Understanding General Factfinding Investigations.” USITC. https://www.usitc.gov/press_room/general_factfinding.htm

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