International Trade Commission | United States International Trade Commission

April 10, 2015
News Release 15-031
Inv. No(s). 701-TA-530 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819

USITC Votes to Continue Investigation on Supercalendered Paper from Canada

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of supercalendered paper from Canada that are allegedly subsidized by the government of Canada.

Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Commissioner F. Scott Kieff did not participate in this investigation.

As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Canada, with its preliminary countervailing duty determination due on or about May 22, 2015.

The Commission’s public report Supercalendered Paper from Canada (Investigation No. 701-TA-530 (Preliminary), USITC Publication 4529, April 2015) will contain the views of the Commission and information developed during the investigation.

The report will be available after May 11, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Supercalendered Paper from Canada
Investigation No. 701-TA-530 (Preliminary)

Product Description: Supercalendered paper is an uncoated printing paper made from mechanical pulp, chemical pulp, fillers, and additives. The finish (surface) of supercalendered paper is produced by the movement of the paper web through a supercalender, a vertical stack of alternating steel rolls and cotton rolls. The rolls apply heat and pressure to the paper, imparting a gloss to the surface and increasing its smoothness and density. Supercalendered paper is used to make a variety of printed materials which require high quality color printing and photographic images, such as magazines, retail inserts, flyers, directories, catalogs, direct mail inserts, corporate brochures, and coupons.

Status of Proceedings:

1. Type of investigation: Preliminary countervailing duty.
2. Petitioners: Coalition for Fair Paper Imports, an ad hoc association of U.S. producers that includes Madison Paper Industries, Inc. and Verso Corp.
3. Commission’s conference: March 19, 2015.
4. USITC vote: April 10, 2015.
5. USITC determination: April 14, 2015.
6. USITC views: April 21, 2015.

U.S. Industry:

1. Number of producers in 2014: Three.
2. Location of producers’ plants: Maine, Minnesota, and South Carolina.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: ¹
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: ¹

U.S. Imports:

1. From the subject country during 2014: ¹
2. From other countries during 2014: ¹
3. Leading sources during 2014: Canada, Finland, Norway, Sweden, Germany, and Belgium (in terms of total value).

[1] Withheld to avoid disclosure of business proprietary information.

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March 19, 2015
News Release 15-023
Inv. No(s). 704-TA-1 and 734-TA-1
Contact: Peg O'Laughlin, 202-205-1819

USITC Determines That Injurious Effect of Imports of Sugar from Mexico is Eliminated by Commerce Suspension Agreements

The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.

Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.

As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect.

All six Commissioners voted in the affirmative.

The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI. These are the first reviews that the Commission has conducted under sections 704(h) and 734(h). Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.

Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations. Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests.

If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective. If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.

The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.

The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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March 19, 2015
News Release 15-022
Inv. No(s). 731-TA-1046 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Tetrahydrofurfuryl Alcohol from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on tetrahydrofurfuryl alcohol from China 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 determination, the existing order on imports of this product from China will remain in place.

All six Commissioners voted in the affirmative.

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 Tetrahydrofurfuryl Alcohol from China (Inv. No. 731-TA-1146 (Second Review), USITC Publication 4524, April 2015) will contain the views of the Commission and information developed during the review.

The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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 Tetrahydrofurfuryl Alcohol from China was instituted on November 3, 2014.

On February 6, 2015, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s vote to conduct an expedited 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.

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March 6, 2015
News Release 15-018
Inv. No(s). 701-TA-463 and 731-TA-1159 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Expedite Five-Year (Sunset) Reviews Concerning Oil Country Tubular Goods from China

USITC WILL EXPEDITE FIVE-YEAR (SUNSET) REVIEWS
CONCERNING OIL COUNTRY TUBULAR GOODS FROM CHINA

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") reviews concerning the countervailing and antidumping duty orders on oil country tubular goods from China (Inv. Nos. 701-TA-463 and 731-TA-1159 (Review)).

As a result of these votes, the Commission will conduct expedited reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Commission's notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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 reviews, and information provided by the Department of Commerce.

All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews.

A record of the Commission's votes on these matters 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.

The record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "oil country tubular goods" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.

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March 6, 2015
News Release 15-017
Inv. No(s). 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819

Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal

USITC VOTES TO CONTINUE CASES
ON CERTAIN UNCOATED PAPER
FROM AUSTRALIA, BRAZIL, CHINA, INDONESIA, AND PORTUGAL

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the governments of China and Indonesia.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from Australia, Brazil, China, Indonesia, and Portugal, with its preliminary countervailing duty determination due on or about April 16, 2015, and its antidumping duty determination due on or about June 30, 2015.

The Commission’s public report Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary), USITC Publication 4522, March 2015) will contain the views of the Commission and information developed during the investigations.

The report will be available after April 6, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION

Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)

Product Description: Certain uncoated paper covered by these investigations includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level of 85 or higher or is a colored paper; whether or not surface-decorated, printed, embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions. Certain uncoated paper is generally used for office reprographics (copy and printer paper), books, instruction manuals, inserts, business forms, flyers, maps, and brochures.

Status of Proceedings:

Type of investigations: Preliminary antidumping and countervailing duty.
Petitioners: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL.
Commission's conference: February 11, 2015.
USITC vote: March 6, 2015.
USITC determinations: March11, 2015.
USITC views: March 18, 2015.

U.S. Industry:

Number of producers in 2013: Nine.
Location of producers' plants: Alabama, Arkansas, Minnesota, New York, Ohio, Pennsylvania, Tennessee.
Employment of production and related workers in 2013: 6,925.
Apparent U.S. consumption in 2013: $4.5 billion.
Ratio of the value of total U.S. imports to total U.S. consumption in 2013: 15.5 percent.

U.S. Imports:

From the subject countries during 2013: $496.8 million.
From other countries during 2013: $198.4 million.
Leading sources during 2013: Portugal, Canada, Indonesia, Brazil, China, and Australia (in terms of total value).

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March 6, 2015
Bulletin 15-007
Inv. No(s). 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819

Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal

BULLETIN

The U.S. International Trade Commission has made affirmative determinations in its preliminary phase antidumping and countervailing duty investigations concerning Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal.

Note to Users: This bulletin will be replaced by the news release when the release is available. News releases are generally issued approximately three hours after a Commission vote.

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February 12, 2015
News Release 15-016
Inv. No(s). 337-TA-947
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Light Emitting Diode Products and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light emitting diode products and components thereof. The products at issue in the investigation are LED products, such as LED bulbs, and other LED products and components of those products including LED chips and chip packages.

The investigation is based on a complaint filed by Cree, Inc., of Durham, NC, on January 12, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light emitting diode products and components thereof that infringe patents asserted by Cree. The complaint also alleges false advertising of certain of the accused products in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1225(a). 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:

Feit Electric Company, Inc., of Pico Rivera, CA;
Feit Electric Company, Inc., of Xiamen, China;
Unity Opto Technology Co., Ltd., of New Taipei City, Taiwan; and
Unity Microelectronics, Inc., of Plano, TX.

By instituting this investigation (337-TA-947), 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 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.

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February 5, 2015
News Release 15-012
Inv. No(s). 701-TA-458 and 731-TA-1154 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations Concerning Certain Kitchen Appliance Shelving and Racks from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on certain kitchen appliance shelving and racks from China 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 China will remain in place.

All six Commissioners voted in the affirmative.

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 report Certain Kitchen Appliance Shelving and Racks from China (Inv. Nos. 701-TA-458 and 731-TA-1154 (Review), USITC Publication 4520, February 2015) will contain the views of the Commission and information developed during the reviews.

The report will be available after March 17, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

BACKGROUND

The five-year (sunset) reviews concerning Certain Kitchen Appliance Shelving and Racks from China were instituted on August 1, 2014.

On November 4, 2014, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews.

A record of the Commission’s vote to conduct expedited 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.

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January 21, 2015
News Release 15-010
Inv. No(s). 337-TA-946
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Ink Cartridges and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink cartridges and components thereof. The products at issue in the investigations are ink cartridges, and components thereof, designed for use with certain Epson ink jet printers.

The investigation is based on a complaint filed by Epson Portland Inc. of Hillsboro, OR; Epson America, Inc., of Long Beach, CA; and Seiko Epson Corporation of Nagano, Japan, on December 23, 2014. 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 cartridges and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Zhuhai Nano Digital Technology Co., Ltd., of Zhuhai, Guangdong, China; Nano Business & Technology, Inc., d/b/a Nano Digital, d/b/a Nano Ink Spot, d/b/a Dinsink, of Lake Oswego, OR;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., d/b/a Ink-Tank, of Zhuhai, Guangdong, China;
Huebon Co., Ltd., of Sheung Wan, Hong Kong;
Chancen Co., Ltd., of Sheung Wan, Hong Kong;
Zhuhai Rich Imaging Technology Co., Ltd., of Zhuhai, Guangdong, China;
Shanghai Orink Infotech International Co., Ltd., of Shanghai, China;
Orink Infotech International Co., Ltd., of Causewat Bay, Hong Kong;
Zinyaw LLC d/b/a TonerPirate.com of Houston, TX;
Yotat Group Co., Ltd., of Kowloon, Hong Kong;
Yotat (Zhuhai) Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
Ourway Image Co., Ltd., of Xiangzhou, Zhuhai, China;
Kingway Image Co., Ltd., of Zhuhai, China;
Zhuhai Chinamate Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
InkPro2day, LLC, of Los Angeles, CA;
Dongguan OcBestjet Printer Consumables Co., Ltd., of Dongguan, China;
OcBestjet Printer Consumables (HK) Co., Ltd., of Hong Kong;
Aomya Printer Consumables (Zhuhai) Co., Ltd., of Xiangzhou, Zhuhai, Guangdong, China; and
Zhuhai Richeng Development Co., Ltd., d/b/a Richeng Technology, of Jida, Zhuhai, China.

By instituting this investigation (337-TA-946), 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 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.

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January 21, 2015
News Release 15-009
Inv. No(s). 337-TA-945
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Network Devices, Related Software, and Components Thereof (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof. At issue in the investigations are certain types of network devices, such as switches, with particular functionalities relating to network performance, security, and/or management.

The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain network devices, related software, and components thereof that infringe patents asserted by Cisco Systems. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.

By instituting this investigation (337-TA-945), 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 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.

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