The International Trade Commission recently began a Section 337 investigation based on a request from Canon for a general exclusion order banning all toner cartridges for use in Canon and HP printers that infringe its patents, the ITC said in a March 26 press release. In a complaint filed in February (see 1803050030), Canon said Ninestar, Aster Graphics, Print-Rite and Kingway, as well as several other retailers, are importing and selling unauthorized, patent-infringing toner cartridges and unauthorized components of those cartridges, such as photosensitive drum units. The ITC will also consider cease and desist orders, and a limited exclusion order should it decide a general exclusion order is not warranted, directed against the following respondents to the investigation:
Canon seeks a general exclusion order banning all toner cartridges for use in Canon and HP printers that infringe its patents, it said in a Section 337 complaint filed Feb. 28 with the International Trade Commission. Canon says Ninestar, Aster Graphics, Print-Rite and Kingway, as well as a host of other retailers, are importing and selling unauthorized, patent infringing toner cartridges and unauthorized components of those cartridges, such as photosensitive drum units. Canon also seeks cease and desist orders against each respondent. Comments are due to the ITC by March 14.
The International Trade Commission has begun an advisory opinion proceeding to determine whether Ninestar and Apex Microtech’s ink cartridges are covered by general exclusion orders and cease and desist orders issued by the ITC in 2007 and 2016 (see 07102620 and 1606020017), it said (here). Ninestar and Apex Microtech seek an opinion declaring “that their refurbished Epson ink cartridges remanufactured using empty Epson ink cartridges collected from the United States are outside the scope” of the general exclusion orders and cease and desist orders, the ITC said.
A March 31 executive order (here) signed by President Donald Trump tasked the commerce secretary and the U.S. trade representative with leading interagency efforts to submit a report to the White House by June 29 on the causes and impacts of the 2016 U.S. trade deficit in goods. The order instructs those Cabinet officials to consult with the secretaries of State, the Treasury, Defense, Agriculture and Homeland Security in preparing the report. The order also notes a 2016 U.S. trade deficit in goods of more than $700 billion and an overall trade deficit last year of more than $500 billion.
CBP may demand redelivery of goods subject to a withhold release order (WRO) related to the suspected use of forced labor, said Lisa Burley, chief, Cargo Security, Carriers and Restricted Merchandise Branch at CBP, during the Georgetown Law Center International Trade Update on March 10. Asked whether CBP would require redelivery in cases in which a withheld shipment is among a series of shipments from the same exporter to the same importer, Burley said the agency has demanded redelivery in such situations previously. CBP makes that decision "import by import" and is also dependent on the specifics of the WRO, she said. "If we are aware of a time frame of when things are exported to the United States, then that may dictate whether we demand redelivery on all of them."
There's no imminent plan to explicitly eliminate the ability to file on paper and electronically as part of the ACE transition, Cynthia Whittenburg, deputy assistant commissioner in CBP's Office of International Trade, said during a conference call with reporters July 27. CBP previously sought input on prohibiting filings that are a combination of electronic and paper filings (see 1510090017), which raised some concerns within industry (see 1511100030). While that is still the goal further down the line, the processing improvements of using ACE alone is seen by CBP as incentive enough to make such a regulation unnecessary for now, she said.
CBP implemented several important pieces of the customs reauthorization law during the first 100 days since enactment, CBP Commissioner Gil Kerlikowske said in an overview of the efforts (here). Since President Barack Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 (see 1602240042), "CBP has been working hard to implement the law’s key provisions, with a strong focus on bolstering our agency’s trade enforcement priorities," Kerlikowske said. He pointed to recently signed withhold release orders (see 1603310034 and 1605310019) for "certain shipments of soda ash, potassium, and Stevia products made with convict and forced labor in China." Those "enforcement actions rightly place CBP at the forefront of promoting human rights, and send a powerful signal to manufacturers and producers around the world," he said. The Office of Trade also implemented "a new process for swiftly and thoroughly reviewing allegations of evasion of Antidumping/Countervailing duty laws," which "helps domestic manufacturers and companies hurt by unfair, illegal trade practices," he said. Also notable are the new Trade Enforcement Task Force (see 1605030032), an increase to the de minimis value threshold (see 1603100010) and the formal recognition of the Centers of Excellence and Expertise, he said.
Strengthening ties with partner government agencies and industry has helped CBP to seize shipments that violate intellectual property rights and the greater engagement is hoped to translate into disrupting dumped steel shipments, CBP Commissioner Gil Kerlikowske said on May 18 during the Global Supply Chain Summit hosted by the U.S. Chamber of Commerce (here). The new interagency task force will complement CBP’s recent use of single transaction bonds and imposing of “live entry” requirements on higher risk imports to protect government revenue and to find and deter evasion (see 1603030015)., he said. On May 2, CBP announced the creation of the unit to combat steel dumping and forced labor shipments (see 1605030032).
CBP will be “much more aggressive” in enforcing trade laws, and will use tools including withhold release orders, seizure, and review of financing streams, CBP Commissioner Gil Kerlikowske told the Senate Finance Committee during a May 11 CBP oversight hearing. CBP is also stressing to industry the usefulness of simple tipoffs of potential trade crimes, despite the fact that stakeholders have submitted more formal documentation, like position papers, to request CBP enforcement action, Kerlikowske said. This should help small or medium-size enterprises (SMEs) to request action at a lower cost, he said.
International Trade Today is providing readers with some of the top stories for May 2-6 in case they were missed.