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IPR Enforcement Cases on Metal, Storage Tapes, Reusable Diapers Under Consideration

Tuesday, September 26, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is requesting comments no later than Oct. 3 on any public interest issues raised by separate complaints alleging that the importation, sale for importation, and sale within the U.S. after importation of the following products are violating Section 337 of the 1930 Tariff Act.

- amorphous metal and products containing same (complainants Metglas Inc. and Hitachi Metals Ltd.)

- magnetic data storage tapes and cartridges containing the same (complainant Fujifilm Corporation)

- reusable diapers, components thereof, and products containing the same (complainant Cotton Babies Inc.)

Comments should address whether the issuance of the exclusion orders and cease and desist orders requested by the complainants would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

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