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

Docket No. Received Type Commodity Investigation No.
3338 9/4/2018 337 Complaint Strength-Training Systems and Components Thereof Pending Institution
3336 8/31/2018 337 Complaint Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof Pending Institution
3335 8/30/2018 337 Complaint Unmanned Aerial Vehicles and Components Thereof Pending Institution
3333 8/6/2018 337 Complaint Wireless Mesh Networking Products and Related Components Pending Investigation
3331 8/2/2018 337 Complaint Beverage Dispensing Systems and Components Thereof Pending Investigation
3330 8/1/2018 337 Complaint Motorized Vehicles and Components Thereof Pending Institution
3329 7/20/2018 337 Complaint Lithography Machines and Systems, and Components Thereof (II)
3328 7/20/2018 337 Complaint Lithography Machines and Systems, and ComponentsThereof (I)
3327 7/12/2018 337 Complaint Microperforated Packaging Containing Fresh Produce II Pending Investigation
3326 6/22/2018 337 Complaint Height-Adjustable Desk Platforms 337-TA-1125
3325 6/20/2018 337 Complaint Powered Cover Plates 337-TA-1124
3323 6/14/2018 337 Complaint Carburetors Pending Institution
3322 6/11/2018 337 Complaint Water Filters Pending Institution
3321 6/7/2018 337 Complaint Convertible Sofas Pending Institution
3320 5/24/2018 337 Complaint Earpiece Devices Pending Institution
3317 5/9/2018 337 Complaint Magnetic Data Storage Tapes and Cartridges Pending Institution
3316 5/7/2018 337 Complaint Infotainment Systems, Components Thereof, and Automobiles Containing the Same Pending Institution
3315 5/4/2018 337 Complaint Movable Barrier Operator Systems and Components Therof Pending Institution
3314 5/4/2018 337 Complaint Full-Capture Arrow Rests and Components Thereof
3313 4/30/2018 337 Complaint Blood Cholesterol Testing Strips 337-TA-1116
3312 4/30/2018 337 Complaint Blow-Molded Bag-in-Container Devices 337-TA-1115
3311 4/20/2018 337 Complaint Submarine Telecommunication Systems Pending Institution

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

Docket No. Received Type Commodity Investigation No.
3334 8/8/2018 701 & 731 Petition Steel Wheels 12-16.5 Inches in Diameter 701-TA-609 and 731-TA-1421
3324 6/20/2018 701 & 731 Petition Steel Racks 701-TA-608 and 731-TA-1420
3319 5/22/2018 701 & 731 Petition Steel Propane Cylinders 701-TA-607 and 731-TA-1417, 1418 and 1419
3309 4/17/2018 701 & 731 Petition Quartz Surface Products 701-TA-606 and 731-TA-1416

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

Docket No. Received Type Commodity Investigation No.
3332 8/3/2018 332 Request Trade Barriers that U.S. Small and Medium-sized Enterprises 332-3332
3318 5/18/2018 332 Request Generalized System of Preferences: Possible Modifications, 2017 Review 332-567
3310 3/22/2018 332 Request Trade Authorities Extension: Economic Impact of Trade Agreements Implemented Under the Bipartisan Trade Act of 2015 332-566
3337 8/31/2018 Other Request from USTR to Prepare a Report on the Likely Impact of a Trade Agreement on the U.S. Economy and Specific Industry Sectors Pending Institution

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

[1] “Understanding Investigations Of Intellectual Property Infringement And Other Unfair Practices In Import Trade (Section 337).” USITC.

[2] See sections 701 & 731 of the Tariff Act of 1930.

[3] “Understanding General Factfinding Investigations.” USITC.

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