PVDF resins 337: Commission review, remedy briefs

The U.S. International Trade Commission has determined to review in part a final initial determination finding a violation of section 337 in Investigation No. 337-TA-1439 (Certain Polyvinylidene Fluoride Resins). The Commission requests written submissions on the issues under review and on remedy, the public interest, and bonding. The notice was placed on public inspection October 27, 2026 at 8:45 a.m. and is scheduled for publication October 28, 2026 (FR Doc. 2026-21942). Commission vote October 23, 2026; issued October 23, 2026. Contact: Noah Priluck, Esq., (202) 205-3107.

Commission reviews indefiniteness, written description, and importation findings in part. Submissions due Nov 6; replies Nov 13. ALJ recommended LEO and 4.5% bond. No final remedy yet.

Investigation snapshot

Instituted February 21, 2025 (90 FR 10082-83) on a complaint by Syensqo SA (Brussels) and Syensqo Specialty Polymers USA LLC and Italy S.P.A. (name-changed from Solvay Specialty Polymers), alleging infringement of U.S. Patent No. 8,337,725. Named respondents included Inner Mongolia 3F Wanhao (terminated), Zhejiang Juhua Co., Ltd., Zhejiang Fluorine Chemical New Material Co. Ltd. and Hubei Fluorine New Materials Co., Ltd. (collectively "Fluorine"), and Sinochem Lantian Co., Ltd.

On August 7, 2026 the ALJ issued the final ID finding a violation based on infringement of claims 1, 3, 6, 8, and 9 for all accused products; importation of one accused product by Fluorine but no importation of any other accused product (so, per the notice footnote, no violation found as to Juhua or Sinochem); no claims proven invalid; technical prong met for claims 1, 3, and 6; and an economic domestic industry "in the process of being established" under section 337(a)(2). The ALJ recommended a limited exclusion order with a standard certification provision and a bond of 4.5% of the value of infringing imports during Presidential review.

What is under review

The Commission is reviewing the FID's findings that the asserted claims are not invalid for indefiniteness and failure to satisfy the written description requirement, and the findings on importation or sale for importation as to Juhua, Sinochem, and Fluorine. It is not reviewing the remainder of the FID. Questions posed include whether "sale for importation" requires knowledge of the importation, and indefiniteness under 35 U.S.C. 112 (electrode-based and acetone-based arguments; global versus local maximum rate of change). No public submissions were filed in response to the earlier public-interest notice (91 FR 52711-12, August 14, 2026).

Submission schedule and Presidential review

• Initial submissions: close of business November 6, 2026 (issues under review; remedy, public interest, and bonding).
• Replies: close of business November 13, 2026.
• Page limits: party opening 25 pages; party reply 15; third parties and agencies 10.
• Complainants: identify remedy sought, proposed remedial orders, HTSUS subheadings, and known importers.
• If a remedy is ordered: USTR (as delegated) has 60 days to approve, disapprove, or take no action; during that period articles may enter under bond.

This is a review-and-briefing window, not a final exclusion order. For another 337 public-interest / remedy window, see Vaporizer 337: Glas public-interest window. For a completed LEO after a violation finding, see ITC storage containers LEO vs Klein.

Action items

• Map PVDF supply exposure to named Chinese producers (Fluorine entities, Juhua, Sinochem).
• Track the Commission's final determination; review in part is not a live LEO.
• Consider submissions by November 6 (replies November 13) if you have standing interest on review issues, remedy, public interest, or bonding.
• Plan for possible bond during Presidential review if a remedy is ordered (ALJ recommended 4.5%).

This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.