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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 12-029
Inv. No(s). Korea FTA-103-026
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) is seeking input for a newly initiated investigation on the effect of correcting the U.S.-Korea Free Trade Agreement product-specific rules of origin.
The investigation, Effect of Adding References to HS 6104.32 to Correct the U.S.-Korea Product-Specific Rules of Origin, was requested by the U.S. Trade Representative (USTR) in a letter received on March 22, 2012.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable effect on U.S. trade under the FTA and total U.S. trade of correcting the U.S.-Korea product-specific rules of origin by adding references to HS 6104.32. HS 6104.32 covers women's or girls' knit cotton suit-type jackets and blazers. The USTR explained in his request letter that HS 6104.32 had been inadvertently omitted from both the English and Korean language versions of the FTA through a clerical error. The USTR's request letter can be viewed at: http://www.usitc.gov/research_and_analysis/ongoing/documents/Request_Letter_103-026_KORUS_HTS_Correction.pdf.
The USITC expects to submit its advice to the USTR by May 22, 2012.
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 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 April 18, 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 March 26, 2012, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.
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 12-026
Inv. No(s). 731-TA-472 (Third 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 silicon metal 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.
Vice Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Chairman Deanna Tanner Okun did not participate in this review.
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 Silicon Metal from China (Inv. No. 731-TA-472 (Third Review), USITC Publication 4312, March 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after April 20, 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 Silicon Metal from China was instituted on November 1, 2011.
On February 6, 2012, the Commission voted to conduct an expedited review. Vice Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Chairman Deanna Tanner Okun did not participate in this 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.
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 12-024
Inv. No(s). 731-TA-678-679, 731-TA-681-682 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") reviews concerning the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain (Inv. Nos. 731-TA-678-679 and 681-682 (Third 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 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.
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 responses were 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 vote 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 "stainless steel bar" 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.
News Release 12-023
Inv. No(s). 731-TA-891 (Second Review
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on foundry coke from China (Inv. No. 731- TA-891 (Second Review)).
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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.
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 this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission's vote on this matter 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 vote 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 "foundry coke" 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 this review. The Commission will issue a report after it completes its review.
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.