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News Release 12-03
Inv. No(s). 337-TA-833
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same. The products at issue in this investigation are incremental dental positioning adjustment appliances, or orthodontic aligners, and the digital models, digital data, and treatment plans used to manufacture those appliances.
The investigation is based on a complaint filed by Align Technology, Inc., of San Jose, CA, on March 1, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same that infringe patents asserted by Align Technology. The complainant requests that the USITC issue cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clearcorrect Pakistan (Private), Ltd., of Pakistan; and
Clearcorrect Operating, LLC, of Houston, TX.
By instituting this investigation (337-TA-833), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 12-028
Contact: Peg O'Laughlin, 202-205-1819
Deanna Tanner Okun, Chairman of the United States International Trade Commission (USITC), announced today that William E. Dobrzykowski has been designated as Chief Financial Officer at the USITC.
Dobrzykowski will direct the activities of the USITC's Offices of Finance, Budget, and Procurement and serve as the primary adviser to the Commission on all financial matters.
Dobrzykowski brings over 20 years of financial management experience in both the private and public sectors to the position. Prior to his USITC appointment, he held chief financial officer responsibilities with the U.S. Department of Housing and Urban Development (HUD), the Government National Mortgage Association (Ginnie Mae, an agency within HUD), the Federal Savings and Loan Insurance Corporation (FSLIC), and the Federal Home Loan Bank Board, as well as two international non-profit organizations. Earlier in his career, he worked in senior accounting positions with the Securities and Exchange Commission and the Federal Power Commission. In addition to his federal positions, he has served as an executive financial consultant to U.S. government agencies and private sector organizations.
Dobrzykowski holds a bachelor's degree in accounting from the University of Maryland and is a Certified Public Accountant and a Certified Government Financial Manager. He is married to Susan, and they have three children and five grandchildren.
The U.S. International Trade Commission (USITC) is an independent, nonpartisan, factfinding federal agency that makes determinations concerning the impact of imports and their potential injury on domestic companies. The USITC staff includes experts who analyze virtually every commodity imported into the United States. The USITC provides data on international trade to the President, Congress, other federal agencies, and the public.
News Release 12-027
Inv. No(s). 731-TA-313 (Third Review), 731-TA-314 (Third Review), 731-TA-317 (Third Review), 731-TA-379 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on brass sheet and strip from France, Germany, Italy, and Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determinations, the existing orders on imports of these products from France, Germany, Italy, and Japan will remain in place.
Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative with respect to all countries. Commissioner Daniel R. Pearson voted in the affirmative with respect to Germany, Italy, and Japan and in the negative with respect to France.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission's public reportBrass Sheet and Strip from France, Germany, Italy, and Japan (Inv. Nos. 731-TA-313, 314, 317, and 379 (Third Review), USITC Publication 4313, April 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after May 4, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Brass Sheet and Strip from France, Germany, Italy, and Japan were instituted on March 1, 2011.
On June 6, 2011, the Commission voted to conduct full reviews. With regard to France, Italy, and Japan, all six Commissioners found that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With regard to Germany, all six Commissioners found that the both the domestic group response and the respondent group responses were adequate and voted for a full review.
A record of the Commission's vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 12-025
Inv. No(s). 731-TA-1089 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on certain orange juice from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's negative determination, the existing order on imports of this product from Brazil will be revoked.
All six Commissioners voted in the negative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Certain Orange Juice from Brazil (Inv. No. 731-TA-1089 (Review), USITC Publication 4311, April 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after April 17, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Certain Orange Juice from Brazil was instituted on February 1, 2011.
On May 9, 2011, the Commission voted to conduct a full review. All six Commissioners determined that both the domestic group response and the respondent group responses were adequate and voted for a full review.
A record of the Commission's vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 12-022
Inv. No(s). 337-TA-832
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink application devices and components thereof, and methods of using the same. The products at issue in this investigation are ink application devices used in tattooing and permanent makeup application, specifically disposable needle cartridges designed to reduce health risks associated with the application.
The investigation is based on a complaint filed by MT.Derm GmbH of Germany and Nouveau Cosmetique USA Inc. of Orlando, FL, on January 30, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ink application devices and components thereof, and methods of using the same, that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
T-Tech Tattoo Device Inc. of Canada;
Yiwu Beyond Tattoo Equipments Co., Ltd. of China; and
Guangzhou Pengcheng Cosmetology Firm of China.
By instituting this investigation (337-TA-832), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 12-021
Inv. No(s). 337-TA-831
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices for capturing and transmitting images and components thereof. The products at issue in this investigation are camera phones, tablet computers, and other handheld devices for capturing and transmitting images.
The investigation is based on a complaint filed by Eastman Kodak Company of Rochester, NY, on January 10, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices for capturing and transmitting images and components thereof that infringe patents asserted by Kodak. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Apple Inc., of Cupertino, CA;
High Tech Computer Corp. a/k/a HTC Corp., of Taiwan;
HTC America, Inc., of Bellevue, WA; and
Exedea, Inc., of Houston, TX.
By instituting this investigation (337-TA-831), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 12-020
Inv. No(s). 332-529
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).
The investigation, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2011 Review of Additions and Competitive Need Limitation Waivers (Investigation No. 332-529), was requested by the U.S. Trade Representative (USTR).
The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on March 30, 2012. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on March 12, 2012, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. In the event that no requests to appear at the hearing are received by the close of business on March 12, 2012, the hearing will be canceled. For further information, please call 202-205-2595.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on April 4, 2012.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the likely impact on competing U.S. industries of the addition of the following Harmonized Tariff Schedule (HTS) subheadings:
For all GSP-eligible countries:
- 3923.21.00 (sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene).
For least-developed beneficiary developing countries (LDBDC):
- 5201.00.18 (cotton, not carded or combed, having a staple length under 28.575 mm (1-1/8 inches), n/harsh or rough, nesoi),
- 5201.00.22 (cotton, not carded or combed, staple length 28.575 mm or more but under 34.925 mm, described in gen. note 15),
- 5201.00.24 (cotton,/carded or combed, harsh or rough, staple length 29.36875 mm or more but n/o 34.925 mm, white in color, quota described in chapter 52 add'l US note 6),
- 5201.00.28 (cotton, not carded or combed, harsh or rough, staple length of 29.36875 mm or more but under 34.925 mm & white in color, nesoi),
- 5201.00.34 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, other, quota described in chapter 52 add'l US note 7),
- 5201.00.38 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi),
- 5202.91.00 (cotton garnetted stock),
- 5202.99.30 (Cotton card strips made from cotton waste having staple length under 30.1625 mm & lap, sliver & roving waste, nesoi),
- 5203.00.05 (cotton fibers, carded or combed, of cotton fiber processed but not spun, described in gen. note 15),
- 5203.00.10 (cotton fibers, carded or combed, of cotton fiber processed but not spun, quota described in chapter 52 add'l US note 10),
- 5203.00.30 (cotton fibers, carded or combed, of cotton fiber processed, but not spun, nesoi), and
- 5203.00.50 (cotton carded or combed, excluding fibers of cotton processed but not spun).
The USITC also will provide advice on the likely impact on competing U.S. industries of competitive need limitation waivers on the following 9 HTS subheadings for certain countries:
- 1602.50.20 (prepared or preserved beef in airtight containers, other than corned beef, not containing cereals or vegetables) from Argentina,
- 2840.19.00 (disodium tetraborate (refined borax) except anhydrous) from Turkey,
- 2921.19.60 (other acyclic monoamines and their derivatives) from Philippines,
- 2922.41.00 (lysine and its esters and salts thereof) from Brazil,
- 3307.41.00 ("agarbatti" and other odoriferous preparations which operate by burning, to perfume or deodorize rooms or used during religious rites) from India,
- 4015.19.10 (seamless gloves of vulcanized rubber other than hard rubber, other than surgical or medical gloves) from Thailand,
- 7606.12.30 (aluminum alloy, plates/sheets/strip, w/thick. o/0.2mm, rectangular (inc. sq), not clad) from Indonesia,
- 8415.90.80 (parts for air conditioning machines, nesi) from Thailand, and
- 8708.30.50 (pts. & access. of mtr. vehicles of 8701, nesoi, and 8702-8705, brakes and servo-brakes & pts thereof) from India.
The USITC will submit its confidential report to USTR by May 14, 2012. As soon as possible thereafter, the USITC, as requested by USTR, will issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 12-019
Inv. No(s). 337-TA-830
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dimmable compact fluorescent lamps and products containing same. The products at issue in this investigation are dimmable compact fluorescent lamps (CFLs), which are light bulbs that function as direct replacements for dimmable incandescent light bulbs.
The investigation is based on an amended complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, IL, on February 8, 2012. An original complaint was filed on January 23, 2012. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dimmable compact fluorescent lamps and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SK America, Inc., d/b/a Maxlite, of Fairfield, NJ;
U Lighting America Inc. of San Jose, CA;
Golden U Lighting Manufacturing (Shenzhen) Co. Ltd. of China;
Feit Electric Company, Inc., of Pico Rivera, CA;
General Electric Company of Fairfield, CT;
Xiamen Topstar Lighting Co. Ltd. of China;
Technical Consumer Products, Inc., of Aurora, OH;
TCP China of China;
TCP (Shanghai) Tiancanbao Lighting Electrical Applicance Co., Ltd., of China;
Shanghai Jensing Electron Electrical Equipment Co., Ltd., of China;
Shanghai Qiangling Electronics Co. Ltd. of China; and
Zhejiang Qiang Ling Electronic Co. Ltd. of China.
By instituting this investigation (337-TA-830), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 12-006
Inv. No(s). 337-TA-826
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric firelplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same. The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace.
The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL, and TS Investment Holding Corp. of Miami, FL, on December 13, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract. The complainants request that the USITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.
The USITC has identified the following as respondents in this investigation:
Shenzhen Reliap Industrial Co. of China;
Yue Qiu Sheng (aka Jason Yue) of China; and
Whalen Furniture Manufacturing Inc. of San Diego, CA.
By instituting this investigation (337-TA-826), the USITC has not yet made any decision on the merits of the case. However, the USITC has determined to consolidate this investigation with a related investigation (337-TA-791). The USITC's Chief Administrative Law Judge will assign the consolidated case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the consolidated investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a new target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 12-004
Inv. No(s). 337-TA-824
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain Blu-ray disc players, components thereof, and products containing same. The products at issue in this investigation are Blu-ray disc players that incorporate features known as BD-Live (Profile 2.0) and/or BonusView (Profile 1.1).
The investigation is based on a complaint filed by Walker Digital, LLC of Stamford, CT, on December 2, 2011. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain Blu-ray disc players, components thereof, and products containing same that infringe a patent asserted by Walker Digital. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
D&M Holdings, Inc., of Japan;
D&M Holdings US, Inc., of Mahwah, NJ;
Denon Electronics (USA) LLC of Mahwah, NJ;
Funai Electric Co., Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
Haier Group Corporation of China;
Haier America Trading, LLC, of New York, NY;
Harman International Industries, Inc., of Stamford, CT;
Inkel Corporation of South Korea;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Marantz America LLC of Mahwah, NJ;
Onkyo Sound & Vision Corporation of Japan;
Onkyo USA Corporation of Upper Saddle River, NJ;
Orion America, Inc., of Princeton, NJ;
Orion Electric Co., Ltd., of Japan;
Panasonic Corporation of Japan;
Panasonic Corporation of North America of Seacaucus, NJ;
P&F USA, Inc., of Alpharetta, GA;
Philips Electronics North America Corp. of Andover, MA;
Pioneer Corporation of Japan;
Pioneer Electronics (USA) Inc. of Long Beach, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Sharp Corporation of Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sherwood America, Inc., of La Mirada, CA;
Sony Corporation of Japan;
Sony Computer Entertainment, Inc., of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc., of San Diego, CA;
Sony Computer Entertainment America LLC of Foster City, CA;
Toshiba Corporation of Japan;
Toshiba America Information Systems, Inc., of Irvine, CA; and
VIZIO, Inc., of Irvine, CA.
By instituting this investigation (337-TA-824), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.