Trade Cases

Section 337 Target Date Pushed to March 22, 2018

Written by Sandy Williams

A final decision on the section 337 case brought against China by US Steel has been delayed until March 2, 2018 from the current target date of Oct. 2, 2017.

Separate hearings have been scheduled for the allegations of theft of trade secrets and for the allegations of transshipment and price fixing.

The trade secret theft targets one company, Baosteel, for the cyber hacking and misappropriation of processes used in the manufacture of Advanced High Strength Steel (AHSS). USITC Administrative Law Judge Dee Lord determined that the case is distinct from the other allegations and there was no need for counsel representing other respondents to attend those proceedings. A separate hearing would also protect confidentiality of both US Steel and Baosteel.

Wrote Lord in her decision, “Having additional parties at the hearing and participating in discovery on these issues would increase risk of inadvertent disclosure.”

The first hearing, on the trade secret claim, will commence April 25 followed by a second hearing on price fixing and false designation on July 31. The final initial determination will be due on Thursday, November 1, 2017 and completion of the investigation by March 2, 2018.

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