Biden Trade Policy Should Focus on International Trade Commission
by Peter Roff, April 21, 2021
When you break it down, Donald Trump s trade policy was simple. No more bad deals, he d say while flexing America s economic muscle and bringing miscreant trading partners back into line.
Joe Biden, on the other hand, has yet to make his trade priorities clear.
There are a few things we do know. One, he s eager to reunite with partners on the world stage. With the pandemic and climate change as the centerpieces of his administration s international efforts, we can expect trade pacts to be less important. Two, the president says he wants to fix or build back America before he launches any trade initiatives. Three, he wants to be sure trade initiatives will be worker-centered but hasn t explained what that would look like.
Introduction
On April 21, 2021, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of natural honey from Argentina, Brazil, India, Ukraine and Vietnam. Petitioners include American Honey Producers Association and the Sioux Honey Association.
Under U.S. law, a domestic industry can petition the government to initiate an AD investigation into the pricing of an imported product to determine whether it is sold in the United States at less than fair value (i.e., “dumped”). Additional duties can be imposed if the DOC determines that imported goods are “dumped” and if the ITC also determines that the domestic industry is materially injured or threatened with such injury by reason of subject imports.
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A PGR is a trial proceeding conducted by the Patent Trial and Appeal Board (PTAB) to determine the patentability of one or more claims of a patent that issued from an application filed after March 15, 2013. A PGR is only available in the nine months following issuance of a patent.
The scope of challenges is much broader for PGRs compared to inter partes reviews (IPRs). In a PGR proceeding, the PTAB can institute trial on the basis of ineligible subject matter, lack of utility, lack of novelty, obviousness, lack of written description or enablement, and/or double patenting (i.e., almost all invalidity challenges except those based in equity jurisprudence, including allegations of inequitable conduct).
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