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News Release 13-044
Inv. No(s). TA-131-038 and TA-2104-030
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for investigations into the probable economic effect of a U.S. free trade agreement (FTA) with members of the Trans-Pacific Partnership (TPP), including Japan.
The investigations, U.S.-Trans-Pacific Partnership Free Trade Agreement Including Japan: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports, were requested by the U.S. Trade Representative (USTR) in a letter received April 30, 2013.
In the request letter, the USTR stated that he has informed Congress of the President's intention to commence negotiations with Japan in the context of the TPP and asked the USITC to provide advice concerning the probable economic effect of a U.S. free trade agreement with Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.
For the current report, the USTR asked that the USITC, among other things, identify any changes in its advice from the earlier advice that did not include Japan. The USITC has previously provided advice to the USTR concerning the probable economic effect of providing duty-free treatment for imports of products from Australia, Brunei Darussalam, Chile, New Zealand, Peru, Singapore, and Vietnam, plus Malaysia, Canada, and Mexico, under a TPP FTA (those reports remain classified by the USTR).
As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of products of the 11 countries participating in the TPP negotiations on industries in the United States producing like or directly competitive articles and on consumers. In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States for which tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization and under U.S. free trade agreements that the United States has with a TPP country. The advice will be based on the 2013 Harmonized Tariff Schedule nomenclature and trade data for the year 2012. The advice will assume that any known U.S. non-tariff barrier will not be applicable to such imports, and the USITC will note in its report any instance in which the continued application of a U.S. non-tariff barrier would result in different advice with respect to the effect of the removal of the duty.
In addition, as requested by the USTR, the USITC will prepare an assessment of the probable economic effect of eliminating tariffs on imports of certain agricultural products of the TPP participants on U.S. industries producing the product concerned and the economy as a whole. A list of the products is attached to the USTR's request letter, which can be obtained from the USITC's web site and its electronic document information system (EDIS).
The USITC expects to submit its report, which will be confidential, to the USTR by August 21, 2013.
The USITC is seeking input for the investigations from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.
The USITC will hold a public hearing in connection with the investigations on June 11, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 28, 2013, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on June 17, 2013. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigations and appropriate submissions is available in the USITC's notice of investigations, dated May 9, 2013, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or at 202-205-2000.
News Release 13-045
Inv. No(s). 731-TA-1206 (P)
Contact: Peg O'Laughlin, 202-205-1819
USITC VOTES TO CONTINUE CASE ON DIFFUSION-ANNEALED, NICKEL-PLATED FLAT-ROLLED STEEL PRODUCTS FROM JAPAN
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 diffusion-annealed, nickel-plated flat-rolled steel products from Japan that are allegedly sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the affirmative. Commissioner Daniel R. Pearson voted in the negative.
As a result of the Commission's affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of these products, with its preliminary antidumping duty determination due on or about September 3, 2013.
The Commission's public report Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan (Investigation No. 731-TA-1206 (Preliminary), USITC Publication 4395, May 2013) will contain the views of the Commission and information developed during the investigation.
Copies of the report are expected to be available after June 10, 2013, 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan
Investigation No. 731-TA-1206 (Preliminary)
Product Description: Diffusion-annealed, nickel-plated steel is a flat-rolled steel product, plated or coated with nickel or with a nickel-based alloy and subsequently annealed. Annealing after nickel-plating causes the formation of a thin layer of iron-nickel alloy between the steel substrate and the nickel coating, which prevents the nickel coating from flaking or separating from the substrate during fabrication operations. The principal application for diffusion-annealed, nickel-plated steel is for the fabrication of cans and end caps of alkaline and lithium batteries. Diffusion-annealed, nickel-plated steel is also used for the manufacture of fuel, power-steering, and other automotive fluid lines.
Status of Proceedings: 1. Type of investigations: Preliminary antidumping. 2. Petitioner: Thomas Steel Strip Corporation, Warren, Ohio. 3. Preliminary investigation instituted by the USITC: March 27, 2013. 4. Commission's conference: April 17, 2013. 5. USITC vote: May 10, 2013. 6. USITC determinations due: May 13, 2013. 7. USITC views due: May 20, 2013. U.S. Industry: 1. Number of producers in 2012: One. 2. Location of producer's plant: Ohio. 3. Employment of production and related workers in 2012: (1) 4. Apparent U.S. consumption in 2012: (1) 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2012: (1) U.S. Imports: 1. From the subject country during 2012: (1) 2. From other countries during 2012: (1) 3. Sources during 2012: Japan, Germany, and Korea.
(1) Withheld to avoid disclosure of business proprietary information.
News Release 13-046
Inv. No(s). 731-TA-894 (Second 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 ammonium nitrate from Ukraine 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 Ukraine 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 Ammonium Nitrate from Ukraine (Inv. No. 731-TA-894 (Second Review), USITC Publication 4396, May 2013) will contain the views of the Commission and information developed during the review.
Copies may be requested after June 14, 2013, 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 Ammonium Nitrate from Ukraine was instituted on June 1, 2012.
On September 4, 2012, the Commission voted to conduct a full review. All six Commissioners concluded that both the domestic group response and the respondent group response 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 13-047
Inv. No(s). 332-501
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its annual compilation of bi-weekly reports on textile and apparel imports from China.
The report, Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2012, was requested by the U.S. House of Representatives' Committee on Ways and Means.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, produced an annual compilation of data that has been posted on a bi-weekly basis on the USITC website. The data in the report are shown on an annual and quarterly basis, by category and by Harmonized Tariff Schedule (HTS) 10-digit subheadings.
By category, annual data are provided from 2006 through 2012, and quarterly data are provided from first quarter 2011 through fourth quarter 2012. By HTS10 subheading, annual data are provided from 2010 through 2012, and quarterly data are provided from first quarter 2011 through fourth quarter 2012.
Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2012 will be available on the USITC Internet site in Excel and PDF formats at http://www.usitc.gov/research_and_analysis/What_We_Are_Working_On.htm (scroll down to the bottom of the page). A DVD of the report may be requested by email at pubrequest@usitc.gov, by calling 202-205-2000, or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.
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 13-034
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Altivia Jackson has been designated as the Director of the Office of Equal Employment Opportunity at the USITC.
Jackson will manage the USITC’s equal employment opportunity, diversity, and inclusion programs and policies. She will advise the Chairman, the Commission, and USITC managers on all EEO issues.
Jackson comes to the USITC from the Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, where she served as the Director of the Office of Equal Employment Opportunity and Diversity Advancement. She began her EEO career with the Department of the Army in 1998 when she graduated from the Department of Defense Equal Opportunity Management Institution’s Equal Opportunity Advisor’s Course. In 2007, she joined the Department of Agriculture’s Rural Development Civil Rights staff as an EEO specialist. She later served as the Deputy EEO Officer for the Department of the Navy’s Navy Air Warfare Aircraft Division at Patuxent River Naval Air Station. She retired from the U.S. Army after a 21-year career.
Jackson holds a bachelor of arts degree in human resource administration from Saint Leo University; a master of arts degree in human resource management from Webster University; and a master of science in administration degree with a concentration in leadership from Central Michigan University.
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 13-035
Inv. No(s). 337-TA-876
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microelectromechanical systems (“MEMS devices”) and products containing same. The products at issue in this investigation are microscopic sensors embedded in portable consumer electronics devices, such as smart phones and video game controllers, in order to detect how the user is tilting, rotating, or otherwise moving the device.
The investigation is based on a complaint filed by STMicroelectronics, Inc. of Coppell, TX, on March 11, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and sale of certain microelectromechanical systems (“MEMS devices”) and products containing same that infringe patents asserted by STMicroelectronics. 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:
InvenSense, Inc., of Sunnyvale, CA;
Roku, Inc., of Saratoga, CA; and
Black & Decker (U.S.), Inc., of New Britain, CT.
By instituting this investigation (337-TA-876), 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 one or more evidentiary hearings. 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 13-036
Inv. No(s). 337-TA-877
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain omega-3 extracts from marine or aquatic biomass and products containing the same. The products at issue in this investigation are various supplement products containing krill oil and other marine or aquatic based products containing omega-3 fatty acids.
The investigation is based on a complaint filed by Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc., both of Quebec, Canada, on January 29, 2013. An amended complaint was filed on March 21, 2013. 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 omega-3 extracts from marine or aquatic biomass 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:
Aker BioMarine AS of Oslo, Norway;
Aker BioMarine Antarctic USA, Inc., of Issaquah, WA;
Aker BioMarine Antarctic AS of Stamsund, Norway;
Enzymotec Limited of K’far Baruch, Israel;
Enzymotec USA, Inc., of Morristown, NJ;
Olympic Seafood AS of Fosnavåg, Norway;
Olympic Biotec Ltd. of Richmond, New Zealand;
Avoca, Inc., of Merry Hill, NC;
Rimfrost USA, LLC, of Merry Hill, NC; and
Bioriginal Food & Science Corp. of Saskatoon, Canada.
By instituting this investigation (337-TA-877), 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 13-037
Inv. No(s). 337-TA-878
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices having placeshifting or display replication functionality and products containing the same. The products at issue in this investigation are electronic devices having placeshifting or display replication functionality that allows users to view and listen to live, recorded, or stored content, such as a recorded television program, on a remote device.
The investigation is based on a complaint filed by Sling Media, Inc., of Foster City, CA, on March 12, 2013. 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 having placeshifting or display replication functionality and products containing the same that infringe patents asserted by Sling Media. 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:
Belkin International, Inc., of Playa Vista, CA;
Monsoon Multimedia, Inc., of San Mateo, CA; and
C2 Microsystems, Inc., of San Jose, CA.
By instituting this investigation (337-TA-878), 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 13-038
Inv. No(s). TA-131-037 and TA-2104-029
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for newly initiated investigations into the probable economic effect of duty-free imports under a U.S.-EU Transatlantic Trade and Investment Partnership Agreement.
The investigations, U.S.-EU Transatlantic Trade and Investment Partnership Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports, were requested by the Acting United States Trade Representative (USTR) in a letter received on March 26, 2013.
As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of products from all of the European Union (EU) member states on industries in the United States producing like or directly competitive articles and on consumers. In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States for which tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the 2013 Harmonized Tariff Schedule nomenclature and trade data for the year 2012. The advice will assume that any known U.S. non-tariff barrier will not be applicable to such imports, and the USITC will note in its report any instance in which the continued application of a U.S. non-tariff barrier would result in different advice with respect to the effect of the removal of the duty.
In addition, as requested, the USITC will prepare an assessment of the probable economic effect of eliminating tariffs on imports from all of the EU member states of certain agricultural products on U.S. industries producing the product concerned and the U.S. economy as a whole. A list of the products is attached to the USTR's request letter.
The USITC expects to submit its report, which will be confidential, to the USTR by September 26, 2013.
The USITC is seeking input for these investigations from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.
The USITC will hold a public hearing in connection with the investigations on June 5, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 16, 2013, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on June 18, 2013. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigations and appropriate submissions is available in the USITC's notice of investigation, dated April 18, 2013, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or at 202-205-2000.
News Release 13-039
Inv. No(s). 337-TA-879
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment systems and components thereof. The products at issue in this investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.
The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc. of San Diego, CA, and ResMed Ltd. of Bella Vista NWS, Australia, on March 28, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain sleep-disordered breathing treatment systems and components thereof 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:
Apex Medical Corp. of New Taipei City, Taiwan;
Apex Medical USA Corp. of Brea, CA; and
Medical Depot Inc., d/b/a Drive Medical Design & Manufacturing of Port Washington, NY.
By instituting this investigation (337-TA-879), 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.