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. 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