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 Date | Type | 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 Date | Type | 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 Date | Type | Commodity | Investigation No. |
| 3353 | 11/9/18 | 131 Request | Probable Economic Effect of Duty-Free Treatment (UK) | |
| 3352 | 11/9/18 | 131 Request | U.S.-EU Trade Agreement: Advice on the Probably Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports | TA-131-044and TPA-105-005 |
| 3350 | 10/26/18 | 131 Request | Probably Economic Effect of Duty-Free Treatment for Imports of Currently Dutiable Products from Japan | |
| 3348 | 10/18/18 | Other | Assembled 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.