The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of bottom mount refrigerator-freezers from Korea that the U.S. Department of Commerce (Commerce) has determined are subsidized and from Korea and Mexico that Commerce has determined are sold in the United States at less than fair value.

Vice Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the negative. Chairman Deanna Tanner Okun did not participate in these investigations.

As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued on imports of these products from Korea and Mexico.

The Commission's public report Bottom Mount Refrigerator-Freezers from Korea and Mexico (Investigation Nos. 701-TA-477 and 731-TA-1180-1181 (Final), USITC Publication 4318, April 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after May 21, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

 

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

 

FACTUAL HIGHLIGHTS

Bottom Mount Combination Refrigerator-Freezers from Korea and Mexico
Investigation Nos. 701-TA-477 and 731-TA-1180-1181 (Final)

 

Product Description: This investigation covers bottom mount combination refrigerator-freezers from Korea and Mexico. A bottom mount combination refrigerator-freezer for the purpose of these investigation denotes freestanding or built-in cabinets that have an integral source of refrigeration using compression technology. A bottom mount combination refrigerator-freezer contains a compartment that is capable of storing food at temperatures above 32 degrees Fahrenheit (0 degrees Celsius), a freezer compartment capable of storing food at temperatures at or below 32 degrees Fahrenheit (0 degrees Celsius), and a convertible compartment that is capable of operating as either a refrigerator compartment or a freezer compartment, as defined above. The products subject to the investigation are currently classifiable under subheadings 8418.10.0010, 8418.10.0020, 8418.10.0030, and 8418.10.0040 of the Harmonized Tariff System of the United States ("HTS"). Products subject to the investigation may also enter under subheadings 8418.21.0010, 8418.21.0020, 8418.21.0030, 8418.21.0090, and 8418.99.4000, 8418.99.8050, 8418.99.8060.

 

Status of Proceedings:                            

1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioner: Whirlpool Corp.
3. Investigations instituted by USITC: April 6, 2011.
4. USITC hearing: March 13, 2012.
5. USITC vote: April 17, 2012.
6. USITC notification of Department of Commerce: May 9, 2012.

U.S. Industry:

1. Number of U.S. producers: 5.
2. Location of producers' plants: Iowa, Wisconsin, Mississippi, South Carolina, Tennessee. 
3. Employment of production and related workers of bottom mount combination refrigerator-freezers in 2011: (1)
4. U.S. producers' U.S. shipments of bottom mount combination refrigerator-freezers in 2011: (1)   
5. Apparent U.S. consumption of bottom mount combination refrigerator-freezers in 2011: (1)
6. Ratio of subject imports from Korea and Mexico to apparent U.S. consumption in 2011: (1)

U.S. Imports in 2011:

1. Quantity of subject imports from Korea and Mexico: (1)
2. Value of subject imports from Korea and Mexico: (1)        

 

(1) Withheld to avoid disclosure of business proprietary information.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food waste disposers and components and packaging thereof. The products at issue in this investigation are undersink-mounted food waste disposers.

The investigation is based on a complaint filed by Emerson Electric Co. of St. Louis, MO, on March 16, 2012. A letter supplementing the complaint was filed on March 29, 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 food waste disposers and components and packaging thereof by reason of design patent infringement, registered trademark and common law trademark infringement, trade dress infringement, passing off and trademark dilution. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified Anaheim Manufacturing Company of Brea, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-838), 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.

 

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 drawn stainless steel sinks from China that are allegedly subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

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, with its preliminary countervailing duty determination due on or about May 25, 2012, and its preliminary antidumping duty determination due on or about August 8, 2012.

The Commission's public report Drawn Stainless Steel Sinks from China (Investigation Nos. 701-TA-489 and 731-TA-1201 (Preliminary), USITC Publication 4317, April 2012) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after May 14, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

 

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

 

FACTUAL HIGHLIGHTS

Drawn Stainless Steel Sinks from China

Investigations No. 701-TA-489 and 731-TA-1201 (Preliminary)

 

Product Description: Drawn stainless steel sinks are characterized by a seamless basin and rim, shaped by forming (drawing), punching, and stamping operations from a single stainless steel sheet blank, in contrast to nonsubject fabricated sinks which are assembled by bending and welding together one or more stainless steel sheets. The stainless steel surfaces of drawn sinks provide a combination of strength, light weight, flexibility, toughness, stain and heat resistance, easy maintenance, and aesthetic appeal particularly for their most common end-use application in residential kitchens. Whether consisting of only a single basin or of multiple basins joined together, these sinks are typically available in two different mounting configurations, for either top (drop-in) mounting above the countertop or for undermounting beneath the countertop.

 

Status of Proceedings:

1.  Type of investigations:  Preliminary countervailing duty and antidumping.
2.  Petitioner:  Elkay Manufacturing Company, Oak Brook, IL.
3.  Preliminary investigations instituted by the USITC:  March 1, 2012.
4.  Commission's conference:  March 22, 2012.
5.  USITC vote:  April 13, 2012.
6.  USITC determinations to the U.S. Department of Commerce:  April 16, 2012.
7.  USITC views to the U.S. Department of Commerce:  April 23, 2012.

U.S. Industry:

1.  Number of producers in 2011:  Six.
2.  Locations of producers' plants:  Delaware, Illinois, Louisiana, New York, North Carolina,
        Pennsylvania, and Utah.
3.  Employment of production and related workers in 2011: (1)
4.  Apparent U.S. consumption in 2011:  $303.9 million.
5.  Ratio of the value of total U.S. imports to total U.S. consumption in 2011: (1)

U.S. Imports:

1.  From the subject country during 2011:  $119.1 million.
2.  From other countries during 2011: (1)
3.  Leading sources during 2011:  China and Mexico (in terms of total value).

 

 

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(1) Withheld to avoid revealing business proprietary information.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on fresh garlic 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 these five-year (sunset) reviews.

The Commission's public report Fresh Garlic from China (Inv. No. 731-TA-683 (Third Review), USITC Publication 4316, April 2012) will contain the views of the Commission and information developed during the review.

Copies may be requested after May 18, 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.

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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 Fresh Garlic from China was instituted on September 1, 2011.

On December 5, 2011, 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audiovisual components and products containing the same. The products at issue in this investigation are Wi-Fi components, multimedia processing components, digital televisions (DTVs), Blu-ray players, DVD players/recorders, DTV/DVD combinations, DTV/Blu-ray combinations, multimedia streaming players, home theater systems, etc.

The investigation is based on a complaint filed by LSI Corporation of Milpitas, CA, and Agere Systems Inc. of Allentown, PA, on March 12, 2012. An amended complaint was filed on March 28, 2012. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audiovisual components and products containing 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:

Funai Electric Company, Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
P&F USA, Inc., of Alpharetta, GA;
Funai Service Corporation of Groveport, OH;
MediaTek Inc. of Taiwan;
MediaTek USA Inc. of San Jose, CA;
MediaTek Wireless, Inc. (USA), of Woburn, MA;
Ralink Technology Corporation of Taiwan;
Ralink Technology Corporation (USA) of Cupertino, CA; and
Realtek Semiconductor Corporation of Taiwan.

By instituting this investigation (337-TA-837), 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.

The United States International Trade Commission (USITC) is seeking input for a newly initiated investigation on trade facilitation in the East African Community (EAC).

The investigation, Trade Facilitation in the East African Community: Recent Developments and Potential Benefits, was requested by the U.S. Trade Representative (USTR) in a letter received on March 28, 2012.

In requesting the study, the USTR noted that the United States and the EAC recently began preliminary discussions on a potential new trade and investment partnership that aims to support regional integration and greater U.S.-EAC trade and investment. He said he believes that one of the initial steps under this initiative that could have the most immediate benefit to U.S.-EAC, regional, and multilateral trade would be engagement with the EAC on customs clearance and other practices at the border.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide a summary of recent developments relating to trade facilitation in the EAC. The USITC report will include a description of the potential benefits of trade facilitation to the EAC countries, based on empirical studies and the experiences of other developing countries. For purposes of the study, trade facilitation means the simplification of customs procedures affecting the movement of goods across borders, as well as improvements to transport infrastructure.

The USITC expects to submit its report to the USTR by July 2, 2012.

Although the information in the report will be based principally on a review of the available literature, the USITC is seeking input for its new investigation from all interested parties. The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 10, 2012.

Further information on the scope of this investigation and the procedures for written submissions is available in the USITC's notice of investigation, dated April 9, 2012, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five- year ("sunset") reviews concerning the countervailing duty order on corrosion-resistant carbon steel flat products from Korea and the antidumping duty orders on corrosion-resistant carbon steel flat products from Germany and Korea (Inv. Nos. 701-TA-350 and 731-TA-616 and 618 (Third Review)).

As a result of these votes, the Commission will conduct full 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 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 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.

All six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full 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 on "corrosion-resistant" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain consumer electronics and display devices and products containing same. The products at issue in this investigation include cellular telephones, personal computers, home theater audio and video components, televisions and gaming and media devices.

The investigation is based on a complaint filed by Graphics Properties Holdings, Inc., of New Rochelle, NY, on March 6, 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 consumer electronics and display devices and products containing same that infringe patents asserted by Graphics Properties Holdings, Inc. The complaint requests that the USITC issue an exclusion order and a cease and desist order.

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

Research in Motion Ltd. of Canada;
Research in Motion Corp. of Irving, TX;
HTC Corporation of Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Apple Inc. of Cupertino, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, L.L.C., of Richardson, TX;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc. of San Diego, CA;
Sony Ericsson Mobile Communications AB of Sweden; and
Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA.

By instituting this investigation (337-TA-836), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food containers, cups, plates, cutlery, and related items, and packaging thereof.

The investigation is based on a complaint filed by Fabri-Kal Corporation of Kalamazoo, MI, on March 6, 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 food containers, cups, plates, cutlery, and related items, and packaging thereof, that infringe a registered trademark asserted by Fabri-Kal. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

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

Green Wave International Inc. of Brooklyn, NY;
Trans World International (New York), Inc. of Brooklyn, NY;
John Calarese & Co, Inc. of Medway, MA; and
Eco Greenwares Corporation of Fremont, CA.

By instituting this investigation (337-TA-835), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics. The products at issue in this investigation are smartphones with a feature that signals the user when a key or icon has been touched, for example by vibrating or pulsing in response to the touch.

The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 7, 2012. An amended complaint was filed on March 2, 2012 and a letter supplementing the complaint was filed on March 15, 2012. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices incorporating haptics that infringe patents asserted by Immersion Corporation. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

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

Motorola Mobility, Inc., of Libertyville, IL;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
HTC Corporation of Taiwan; and
HTC America, Inc., of Bellevue, WA

By instituting this investigation (337-TA-834), 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.

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