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News Release 13-040
Inv. No(s). 332-538
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released a public version of its confidential report on the probable economic effects of making certain products eligible for duty- free treatment and for waiving the competitive need limit for certain goods under the Generalized System of Preferences (GSP).
The report, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review: Additions and Competitive Need Limitation Waivers, was requested by the U.S. Trade Representative (USTR).
The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on April 8, 2013.
As requested, the USITC provided advice as to the impact of the addition of certain products to the list of articles eligible for the GSP.
The reviewed products were: fresh cut sweetheart, spray, and other roses (HTS 0603.11.00, 0603.11.0010, 0603.11.0030, and 0603.11.0060); vegetables not elsewhere specific or included, uncooked or cooked by steaming or boiling in water, frozen, reduced in size (HTS 0710.80.97) or the 3 existing 10 digit lines for broccoli (HTS 0710.80.9722, 0710.80.9724, and 0710.80.9726); artichokes, prepared or preserved otherwise than by vinegar or acetic acid, and not frozen (HTS 2005.99.80); and refined copper wire less than 6 mm in diameter (HTS 7408.19.0030).
The USITC also provided advice, as requested, as to the effect on U.S. industries, imports, and consumers of granting a waiver of the competitive need limit for Brazil for imports of calcium silicon ferroalloys (HTS 7202.99.20).
"Competitive need limitations" (CNLs) set the maximum U.S. import level for GSP eligibility and are based on the dollar value or share of total imports of a given product. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted.
The USTR published full article descriptions of a number of products for which CNL waiver petitions had been filed in the Federal Register (77FR249) on December 28, 2012. The USTR subsequently notified the USITC that petitions requesting CNL waivers for all but calcium-silicon imports from Brazil had been withdrawn, and the USITC revised the scope of its investigation accordingly.
Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review: Additions and Competitive Need Limitation Waivers (Investigation No. 332-538, USITC Publication 4391, April 2013) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4391.pdf.
The report may be requested by sending an email to 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.
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 13-041
Inv. No(s). 337-TA-880
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain linear actuators. The products at issue in this investigation are linear actuators that are used in seating and reclining furniture to power operation of a footrest.
The investigation is based on a complaint filed by Okin America, Inc., of Frederick, MD, and Dewert Okin GmbH of Kirchlengern, Germany, on April 3, 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 linear actuators that infringe a patent asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Changzhou Kaidi Electrical Co. Ltd. of Changzhou, China; and
Kaidi LLC of Eaton Rapids, MI.
By instituting this investigation (337-TA-880), 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 13-026
Inv. No(s). 332-528
Contact: Peg O'Laughlin, 202-205-1819
Exports Made Up 7% of Total U.S. Used Electronic Product Sales
Because it is the world's largest market for new electronic products, the United States generates significant amounts of used electronic products, feeding a large used electronic product (UEP) market, reports the U.S. International Trade Commission (USITC) in its publication Used Electronic Products: An Examination of U.S. Exports.
The USITC estimates that in 2011, domestic sales of these products were valued at $19.2 billion and U.S. exports were valued at $1.45 billion, according to the report.
The USITC recently concluded the investigation for the U.S. Trade Representative. The report is based on data collected through a nationwide survey of 5,200 refurbishers, recyclers, brokers, information technology asset managers, and other handlers of used electronic products. It covers the year 2011 and focuses on audio and visual equipment, computers and peripheral equipment, digital imaging devices, telecommunication equipment, and component parts of these products.
The report provides an overview of the U.S. UEP industry, including information on domestic UEP collection, the share of goods that are refurbished compared to the share of goods that are recycled, and the characteristics of exported products. The report also provides information on the types of enterprises that export UEPs and those that import these products from the United States, and it examines the factors that affect trade in these products. Highlights of the report follow.
- UEPs are collected from consumers and businesses, then sorted by value. They are then either refurbished and resold as working electronic equipment, or they are disassembled into working parts or scrap commodities (metals, plastics, and glass) that are resold as manufacturing inputs in the United States and abroad.
- U.S. enterprises valued total domestic UEP sales at $19.2 billion in 2011, with U.S. exports totaling an additional $1.45 billion, or 7 percent of the enterprises' total sales.
- The top five destinations for U.S. UEP exports in 2011 were a group of Asia-Pacific countries (primarily Korea and Japan), Mexico, India, Hong Kong, and China, accounting for 74 percent of exports. Just over half of U.S. UEP exports were shipped to countries that are members of the Organisation for Economic Cooperation and Development (OECD).
- Whole equipment for reuse accounted for the largest share of U.S. exports by value in 2011, and tested and working products represented the majority of U.S. exports of whole UEPs.
- Refurbishing and repair enterprises accounted for the largest share of U.S. exporters of UEPs by value, followed by enterprises involved in wholesaling, brokering, or retailing.
- Measured by end-use of the products, commodity materials intended for smelting or refining accounted for the largest share of U.S. exports by weight (43 percent) in 2011.
- U.S. regulations in place in 25 states generally reduce exports by requiring electronics manufacturers to collect used products for recycling. Industry certification programs also likely serve to limit U.S. exports of UEPs. In contrast, limited U.S. capacity to process UEPs in two segments of the industry cathode ray tube (CRT) glass and final smelting create incentives to export CRT monitors, CRT glass, and circuit boards destined for smelting to retrieve precious metals.
- In developing countries, demand for UEPs exported from the United States is strong, but the Basel Convention and some country regulations may limit such exports, since many developing countries agree not to import nonworking UEPs from OECD member countries.
Used Electronic Products: An Examination of U.S. Exports (Investigation No. 332-528, USITC Publication 4379, February 2013), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4379.pdf. A CD-ROM of the report may be requested by emailing pubrequest@usitc.gov, calling 202-205-2000, or contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed at 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 analysis on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 13-027
Inv. No(s). 731-TA-909 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year ("sunset") review concerning the antidumping duty order on low enriched uranium from France (Inv. No. 731-TA-909 (Second Review)).
As a result of this vote, the Commission will conduct a full 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.
All six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate but that circumstances warranted a full 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 "uranium" 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 review.
News Release 13-028
Inv. No(s). 337-TA-873
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit devices and products containing the same. The products at issue in this investigation are mobile smartphones containing certain types of integrated circuits.
The investigation is based on a complaint filed by Tela Innovations, Inc., of Los Gatos, CA, on February 8, 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 integrated circuit devices and products containing the same that infringe patents asserted by Tela Innovations. 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:
HTC Corporation, of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Motorola Mobility LLC, of Libertyville, IL;
Nokia Corporation (Nokia Oyj), of Espoo, Finland;
Nokia, Inc., of Sunnyvale, CA;
Pantech Co., Ltd., of Seoul, Republic of Korea; and
Pantech Wireless, Inc., of Atlanta, GA.
By instituting this investigation (337-TA-873), 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 13-029
Inv. No(s). 332-536
Contact: Peg O'Laughlin, 202-205-1819
Extending duty-free treatment under the Information Technology Agreement (ITA) to certain information and communications technology products would likely increase U.S. export opportunities to ITA member countries, reports the U.S. International Trade Commission (USITC) in its study The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part 2.
The elimination of tariffs through the original ITA is widely credited with increasing global trade flows, promoting increased business and manufacturing efficiency, and enhancing overall competitiveness. Extending duty-free treatment to additional information and communications technology products and innovations is likely to benefit U.S. exporters, according to the report.
The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR). The report is the second of two reports delivering advice and information on the expansion of the ITA.
As requested, the report covers a draft list of products, compiled by the USTR and included with his request letter, that could be considered for duty free treatment under the ITA. The investigation identifies, for each product on the list, tariffs in major markets, major producing countries, leading U.S. export markets, and leading sources of U.S. imports. The report also examines the benefits to the U.S. economy of ITA expansion and provides an overview of key selected subsectors, including information on increased market access opportunities and export opportunities for products in those subsectors. Highlights of the report follow.
- The most frequently occurring major U.S. export markets for products on the list were the European Union (EU), Canada, Mexico, China, and Japan. These same countries were also the most common major suppliers of U.S. imports of the products on the list. With the exception of Mexico, all are ITA members.
- Products on the list face tariffs of between zero and 35 percent in major export markets.
- The report profiles five subsectors to illustrate the potential for increased market access opportunities for U.S. firms as a result of ITA expansion: multi-component integrated circuits, medical devices, relay and industrial control equipment, optical media, and loudspeakers and headsets.
The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part 2 (Inv. No. 332-536, USITC publication 4382, February 2012) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4382.pdf.
The report may be requested by emailing 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.
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 USITC's objective findings and independent analyses on the subject investigated. The USITC 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 reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 13-030
Inv. No(s). 701-TA-489 and 731-TA-1201 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of drawn stainless steel sinks from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the USITC's affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.
The Commission's public report Drawn Stainless Steel Sinks from China (Investigation Nos. 701-TA-489 and 731-TA-1201 (Final), USITC Publication 4390, April 2013) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after April 25, 2013, by emailing pubrequest@usitc.gov, by 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Drawn Stainless Steel Sinks from China
Investigation Nos. 701-TA-489 and 731-TA-1201 (Final)
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. 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 available in two different mounting configurations: for top (drop-in) mounting above the countertop, undermounting beneath the countertop, or dual (suitable for either) mounting configuration.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioner: Elkay Manufacturing Company, Oak Brook, IL.
4. USITC hearing: February 21, 2013.
5. USITC vote: March 21, 2013.
6. USITC notification of Department of Commerce: April 4, 2013.
U.S. Industry:
1. Number of U.S. producers in 2011: 7.
2. Location of producers' plants: Arkansas, Delaware, Illinois, Louisiana, New York, North
Carolina, Pennsylvania, and Utah.
3. Employment of production and related workers in 2011: (1)
4. U.S. producers' U.S. shipments in 2011: (1)
5. Apparent U.S. consumption in 2011: $301.4 million.
6. Ratio of subject imports to apparent U.S. consumption in 2011: 39.5 percent.
U.S. Imports in 2011:
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).
(1) Withheld to avoid disclosure of business proprietary information.
News Release 13-031
Inv. No(s). 337-TA-874
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain products having laminated packaging, laminated packaging, and components thereof. At issue in this investigation are products with laminated packaging including certain alcoholic beverages, electronics, personal healthcare products and toy products.
The investigation is based on a complaint filed by Lamina Packaging Innovations LLC of Longview, TX, on February 20, 2013. An amended complaint was filed on March 12, 2013. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain products having laminated packaging, laminated packaging, and components thereof that infringe patents asserted by Lamina Packaging Innovations. 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:
Remy Cointreau USA, Inc. of New York, NY;
Pernod Ricard USA LLC of New York, NY;
John Jameson Import Company of Purchase, NY;
Moet Hennessy USA of New York, NY;
Champagne Louis Roederer of Reims, France;
Maisons Marques & Domaines USA Inc. of Oakland, CA;
Freixenet USA of Sonoma, CA;
L'Oreal USA, Inc. of New York, NY;
Hasbro, Inc. of Pawtucket, RI;
Cognac Ferrand USA, Inc. of New York, NY;
WJ Deutsch & Son of White Plains, NY;
Diageo North America, Inc. of Norwalk, CT;
Sidney Frank Importing Co., Inc. of New Rochelle, NY;
Beats Electronics LLC of Santa Monica, CA; and
Camus Wines & Spirits Group of Cognac, France.
By instituting this investigation (337-TA-874), 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 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 13-032
Inv. No(s). 337-TA-875
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (RFID) products and components thereof. The products at issue in this investigation are ISO 18000-6C compatible RFID transponders, RFID inlays, and RFID readers and their components.
The investigation is based on a complaint filed by Neology, Inc., of Poway, CA, on February 22, 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 radio frequency identification (RFID) products and components thereof that infringe patents asserted by Neology. 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:
Federal Signal Corporation of Oakbrook, IL;
Federal Signal Technologies, LLC, of Irvine, CA;
Sirit Corp. of Irvine, CA; and
3M Company of St. Paul, MN.
By instituting this investigation (337-TA-875), 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 13-033
Inv. No(s). TA-103-027
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) is seeking input on a newly initiated investigation concerning proposed modifications of the North American Free Trade Agreement (NAFTA) rules of origin.
The investigation, Probable Economic Effect of Certain Modifications to the North American Free Trade Agreement Rules of Origin, was requested by the U.S. Trade Representative (USTR) in a letter dated March 11, 2013.
As requested by the USTR, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed NAFTA rules of origin modifications on U.S. trade and on domestic producers of the affected articles.
The investigation covers a wide variety of articles, including miscellaneous edible preparations; mineral fuels; products of the chemical or allied industries; plastics; rubber and related articles; cork; glass and glassware; copper, nickel, lead, tin, zinc, and other base metals; nuclear reactors, boilers, machinery, mechanical appliances, and related parts; electrical machinery and related parts; rail locomotives and parts; parts for trailers and semi-trailers; optical, medical, measuring, or checking instruments and apparatus; certain furniture; certain toys and games; lighters; and smoking pipes. Details can be obtained from the attachment to the request letter, which can be found on the USITC Internet site at http://www.usitc.gov/research_and_analysis/What_We_Are_Working_On.htm.
The USITC expects to submit its advice to the USTR by November 12, 2013.
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 June 4, 2013.
Further information on the scope of this investigation, the proposed rules of origin modifications, and the procedures for written submissions is available in the USITC's notice of investigation, dated April 28, 2013, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.
USITC general factfinding investigations, such as these, 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, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.