News Release 13-016
Inv. No(s). 701-TA-405, 406, and 408 and 731-TA-899-901 and 906-908 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year ("sunset") reviews concerning the countervailing duty orders on hot-rolled steel products from India, Indonesia, and Thailand and the antidumping duty orders on hot-rolled steel products from China, India, Indonesia, Taiwan, Thailand, and Ukraine (Inv. Nos. 701-TA-405, 406, & 408 and 731-TA-899-901 & 906-908 (Second 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.
With regard to imports from Taiwan and Thailand, all six Commissioners concluded that both the domestic group responses and the respondent group responses were adequate and voted for full reviews.
With regard to imports from China, India, Indonesia, and Ukraine, all six Commissioners concluded that the domestic group responses were adequate and that the respondent group responses were inadequate, but that circumstances warranted 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 "hot-rolled steel" 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.
News Release 13-017
Inv. No(s). 337-TA-869
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain robotic toys and components thereof. The products at issue in this investigation are robotic toy fish that autonomously swim when placed in water.
The investigation is based on a complaint filed by Innovation First International, Inc., Innovation First, Inc., and Innovation First Labs, Inc., all of Greenville, TX, on January 4, 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 robotic toys and components thereof made using trade secrets asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order, and issue orders directing certain other remedial actions.
The USITC has identified the following as respondents in this investigation:
CVS Pharmacy Inc. of Woonsocket, RI;
Zuru Inc. of Road Town, Tortola, British Virgin Islands;
Zuru Ltd. of Kowloon, Hong Kong; and
Zuru Toys Inc. of Cambridge, New Zealand.
By instituting this investigation (337-TA-869), 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 13-018
Inv. No(s). 701-TA-491-497 (P)
Contact: Peg O'Laughlin, 202-205-1819
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 frozen warmwater shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam that are allegedly subsidized.
Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith Broadbent voted in the affirmative. Commissioner Daniel R. Pearson voted in the negative.
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 determinations due on or about March 25, 2013.
The Commission's public report Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam (Investigation Nos. 701-TA-491-497 (Preliminary), USITC Publication 4380, February 2013) will contain the views of the Commission and information developed during the investigations.
Copies of the report are expected to be available after March 11, 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
Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam
Investigation Nos. 701-TA-491-497 (Preliminary)
Product Description: Certain frozen warmwater shrimp and prawns, whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form, regardless of size. The products described may be processed from any species of warmwater shrimp and prawns. Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope. In addition, food preparations (including dusted shrimp), which are not "prepared meals," that contain more than 20 percent by weight of shrimp or prawn are also included in the scope. Excluded from the scope are: (1) breaded shrimp and prawns; (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled; (4) shrimp and prawns in prepared meals; (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns; and (7) certain "battered shrimp." The predominant end-use for warmwater shrimp and prawns is human consumption.
Status of Proceedings: 1. Type of investigations: Preliminary countervailing duty. 2. Petitioner: Coalition of Gulf Shrimp Industries, Biloxi, MS. 3. Preliminary investigations instituted by the USITC: December 28, 2012. 4. Commission's conference: January 18, 2013. 5. USITC vote: February 7, 2013. 6. USITC determinations to the U.S. Department of Commerce: February 11, 2013. 7. USITC views to the U.S. Department of Commerce: February 19, 2013. U.S. Industry: 1. Number of producers (processors) in 2011: 58. 2. Location of producers' plants: Alabama, California, Florida, Georgia, Illinois, Louisiana, Mississippi, South Carolina, Texas. 3. Employment of production and related workers in 2011: 1,922. 4. Apparent U.S. consumption in 2011: 1.3 billion pounds. 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2011: 87.6 percent. U.S. Imports: 1. From the subject countries during 2011: $4.3 billion (86 percent of total U.S. import value). 2. From other countries during 2011: $681.6 million (14 percent of total U.S. import value). 3. Leading sources during 2011: Thailand, Indonesia, Ecuador, India, Vietnam, Mexico, Malaysia, China (in terms of total value).
News Release 13-019
Inv. No(s). 332-539
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation to learn from U.S. small and medium-sized enterprises (SMEs) about the effects of the U.S.-Korea Free Trade Agreement (KORUS) on U.S. SME exports to Korea.
The investigation, U.S.-Korea Free Trade Agreement: Effects on U.S. Small and Medium-Sized Enterprises, was requested by the U.S. Trade Representative (USTR) in a letter received on January 30, 2013.
In his letter, the USTR stated that one of the primary goals of the President's National Export Initiative is to increase export opportunities for America's SMEs and expand SME exports. He explained that a working group on SMEs established under the KORUS is exploring and developing ways for SMEs to take greater advantage of the economic opportunities created by the KORUS and said that the USITC investigation is intended to assist the USTR in better understanding the impact of the KORUS on U.S. SMEs since the agreement took effect in March 2012.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide, to the extent practicable, a report discussing the effects of the KORUS on the production, distribution, and export strategy of U.S. SMEs, as identified by those SMEs, and describing how U.S. SMEs have benefited from specific provisions of the KORUS. The report will also explore challenges that U.S. SMEs may have faced in exporting to Korea. The investigation will cover trade in goods and services and intellectual property, and it will examine U.S. SME sectors listed in the three prior USITC reports on SMEs released in 2010.
The USITC will submit its report to the USTR by May 1, 2013.
The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on March 14, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on February 27, 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 March 25, 2013. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigation and appropriate submissions is available in the USITC's notice of investigation, dated February 7, 2013, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.
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 Representatives, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commissions' 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.
News Release 13-020
Inv. No(s). 731-TA-1103 (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 activated carbon from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determination, the existing order on imports of this product from China will remain in place.
All six Commissioners voted in the affirmative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Certain Activated Carbon from China (Inv. No. 731-TA-1103 (Review), USITC Publication 4381, February 2013) will contain the views of the Commission and information developed during the review.
Copies may be requested after March 15, 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 Certain Activated Carbon from China was instituted on March 1, 2012.
On May 7, 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 13-021
Inv. No(s). 701-TA-350 and 731-TA-616 and 618 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on corrosion-resistant carbon steel flat products from Korea and the existing antidumping duty orders on this product from Germany and Korea 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 determinations, the existing orders on imports of this product from Germany and Korea 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 these five-year (sunset) reviews.
The Commission's public report Corrosion-Resistant Carbon Steel Flat Products from Germany and Korea (Inv. Nos. 701-TA-350 and 731-TA-616 and 618 (Third Review), USITC Publication 4388, March 2013) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after March 26, 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) reviews concerning Corrosion-Resistant Carbon Steel Flat Products from Germany and Korea were instituted on January 3, 2012.
On April 9, 2012, the Commission voted to conduct full reviews. 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 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 13-022
Inv. No(s). 332-540
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched the second of two investigations into the role of digital trade in the U.S. and global economies.
The investigation, Digital Trade in the U.S. and Global Economies, Part 2, is the second report of two requested by the Committee on Finance, U.S. Senate, in a letter received on December 14, 2012.
In its letter requesting the investigations, the Committee stated: "Digital trade has increased rapidly in recent years and is an increasingly important activity within the global economy. ...[P]olicymakers are facing unprecedented challenges as they seek to ensure that digital trade remains open while producers' and consumers' data remain secure."
As requested, the USITC will deliver two reports to the Committee. The first investigation, Digital Trade in the U.S. and Global Economies, Part I, was instituted on January 7, 2013.
In the second investigation, the USITC, an independent, nonpartisan, factfinding federal agency, will conduct a survey of U.S. firms in selected industries particularly involved in digital trade. The second report will build on the first report to:
- estimate the value of U.S. digital trade and the potential growth of this trade;
- examine the broader linkages and contributions of digital trade to the U.S. economy;
- present case studies that examine the importance of digital trade to selected U.S. industries that use or produce such goods and services; and
- examine the effect of notable barriers to digital trade on selected industries and the broader U.S. economy.
The USITC expects to deliver the second report to the Committee by July 14, 2014.
For the purposes of these reports, "digital trade" encompasses commerce in products and services delivered over digital networks. Examples include software, digital media files (e.g., e-books and digital audio files), and services such as data processing and hosting. The report will also examine how other industries, such as financial services and retailing, make use of digital products and services for production and trade.
The USITC will hold a public hearing in connection with this at 9:30 a.m. on March 7, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on February 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 for these investigations should be addressed to the Secretary at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on March 21, 2014. 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 January 8, 2013, and February 19, 2013, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.
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.
News Release 13-023
Inv. No(s). 337-TA-870
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic bark control collars. The products at issue in this investigation are electronic dog collars that sense a dog's bark and use various mechanisms (for example, electrostatic or ultrasonic pulse) to control the dog's barking.
The investigation is based on a complaint filed by Radio Systems Corporation of Knoxville, TN, on January 14, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 through the importation into the United States and sale of certain electronic bark control collars that infringe a patent asserted by Radio Systems Corporation. The complainant requests that the USITC issue a temporary exclusion order and a temporary cease and desist order, and a permanent exclusion order and a permanent cease and desist order.
The USITC has identified Sunbeam Products, Inc., d/b/a Jarden Consumer Solutions, of Boca Raton, FL, as the respondent in this investigation.
By instituting this investigation (337-TA-870), 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 in both the temporary and permanent relief phases. 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 13-024
Inv. No(s). 337-TA-871
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communications base stations and components thereof. The products at issue in this investigation are wireless communications base stations and components thereof for use with next-generation wireless-communication technologies such as 4G LTE.
The investigation is based on a complaint filed by Adaptix, Inc., of Carrolton, TX, on January 24, 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 wireless communications base stations and components thereof that infringe a patent asserted by Adaptix, Inc. 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:
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and
Ericsson Inc. of Plano, TX.
By instituting this investigation (337-TA-871), 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 13-025
Inv. No(s). 337-TA-872
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain compact fluorescent reflector lamps, products containing same and components thereof. The products at issue in this investigation are reflector lamps that utilize a fluorescent light source.
The investigation is based on a complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, IL, on January 28, 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/or sale of certain compact fluorescent reflector lamps, products containing same and components thereof that infringe a patent 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:
Maxlite, Inc., of West Caldwell, NJ;
Technical Consumer Products, Inc., of Aurora, OH;
Satco Products, Inc., of Brentwood, NY; and
Litetronics International, Inc., of Alsip, IL.
By instituting this investigation (337-TA-872), 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.