January 25, 2013
News Release 13-011
Inv. No(s).
337-TA-865
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Balloon Dissection Devices and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain balloon dissection devices and products containing same. The products at issue in this investigation are used by surgeons in performing laparoscopic hernia repair.
The investigation is based on a complaint filed by Covidien LP of Mansfield, MA, on December 21, 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 balloon dissection devices and products containing same that infringe a patent asserted by Covidien. 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:
Pajunk Medizintechnik GmbH of Geisingen, Germany;
Pajunk Medizintechnologie GmbH of Geisingen, Germany; and
Pajunk Medical Systems L.P. of Norcross, GA.
By instituting this investigation (337-TA-865), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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January 25, 2013
News Release 13-012
Inv. No(s).
337-TA-866
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Wireless Communication Equipment and Articles Therein
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication equipment and articles therein. The products at issue in this investigation are pieces of wireless communications equipment, including base stations.
The investigation is based on a complaint filed by Samsung Electronics Co., Ltd., of Seoul, Republic of Korea, and Samsung Telecommunications America, LLC, of Richardson, TX, on December 21, 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 communication equipment and articles therein that infringe patents 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:
Ericcson Inc. of Plano, TX; and
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden.
By instituting this investigation (337-TA-866), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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January 25, 2013
News Release 13-013
Inv. No(s).
337-TA-867
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Cases for Portable Electronic Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cases for portable electronic devices. The products at issue in this investigation are protective cases that are used to protect handheld portable electronic devices.
The investigation is based on a complaint filed by Speculative Product Design, LLC, of Mountain View, CA, on December 26, 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 cases for portable electronic devices that infringe a patent asserted by the complainant. 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:
En Jinn Industrial Co. Ltd. of New Taipei City, Taiwan;
Shengda Huanqiu Shijie of Shenzhen, China;
Global Digital Star Industry, Ltd., of Shenzhen City, China;
JWIN Electronics Corp., d/b/a iLuv, of Port Washington, NY;
Project Horizon, Inc., of Jacksonville, FL;
Superior Communications, Inc., d/b/a PureGear, of Irwindale, CA; and
Jie Sheng Technology of Tainan City, Taiwan.
By instituting this investigation (337-TA-867), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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January 25, 2013
News Release 13-014
Inv. No(s).
337-TA-864
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Mobile Handsets and Related Touch Keyboard Software
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile handset devices and related touch keyboard software. The products at issue in this investigation are smartphones and associated touch keyboard software that permits a user to input information with increased speed and/or accuracy.
The investigation is based on an amended complaint filed by Nuance Communications, Inc.; Swype, Inc; Tegic Communications, Inc.; and ZI Corporation of Canada, Inc., all of Burlington, MA, on January 11, 2013. A supplement to the amended complaint was filed on January 16, 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 mobile handset devices and related touch keyboard software 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:
Shanghai HanXiang (Coo Tek) Information Technology Co., Ltd., of Shanghai, China; and
Personal Communications Devices, LLC, of Hauppauge, NY.
By instituting this investigation (337-TA-864), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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January 31, 2013
News Release 13-015
Inv. No(s).
337-TA-868
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless devices with 3G and/or 4G capabilities and components thereof. The products at issue in this investigation are cellular mobile telephones including smartphones, cellular PC cards, cellular USB dongles or sticks, personal computers such as laptops, notebooks, netbooks, tablets and other mobile internet devices with cellular capabilities, cellular access points or "hotspots" and cellular modems.
The investigation is based on a complaint filed by InterDigital Communications, Inc., of King of Prussia, PA; InterDigital Technology Corporation of Wilmington, DE; IPR Licensing, Inc., of Wilmington, DE; and InterDigital Holdings, Inc., of Wilmington, DE; January 2, 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 devices with 3G and/or 4G capabilities 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:
Samsung Electronics Co., Ltd., of Suwon-city, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
Nokia Corporation of Espoo, Finland;
Nokia Inc. of White Plains, NY;
ZTE Corporation of Shenzhen, Guangdong Province, China;
ZTE (USA) Inc. of Richardson, TX;
Huawei Technologies Co., Ltd., of Shenzhen, Guangdong Province, China;
Huawei Device USA, Inc., of Plano, TX; and
FutureWei Technologies, Inc., d/b/a Huawei Technologies (USA) of Plano, TX.
By instituting this investigation (337-TA-868), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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June 4, 2013
News Release 13-049
Inv. No(s).
731-TA-749 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Conduct Full Five-Year (Sunset) Review Concerning Persulfates From China
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 persulfates from China (Inv. No. 731-TA-749 (Third 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.
Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group response was inadequate but that circumstances warranted a full review. Chairman Irving A. Williamson concluded that the domestic group response 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 "persulfates" 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.
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June 5, 2013
News Release 13-050
Inv. No(s).
337-TA-881
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation Of Certain Windshield Wiper Devices And Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain windshield wiper devices and components thereof. The products at issue in this investigation are certain flat blade or beam blade windshield wipers for automotive vehicles with a detachable or releasable spoiler.
The investigation is based on a complaint filed by Federal-Mogul Corporation of Southfield, MI, and Federal-Mogul S.A. of Aubange, Belgium, on May 9, 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 windshield wiper devices and components thereof that infringe the 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:
Trico Corporation of Rochester Hills, MI;
Trico Products of Brownsville, TX; and
Trico Componentes SA de CV of Matamoros, Tamaulipas, Mexico.
By instituting this investigation (337-TA-881), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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June 7, 2013
News Release 13-051
Inv. No(s).
731-TA-1207-1209 (P)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes To Continue Cases On Prestressed Concrete Steel Rail Tie Wire From China, Mexico, And Thailand
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 prestressed concrete steel rail tie wire from China, Mexico, and Thailand that are allegedly sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary antidumping duty determinations due on or about September 30, 2013.
The Commission's public report Prestressed Concrete Steel Rail Tie Wire from China, Mexico, and Thailand (Investigation Nos. 731-TA-1207-1209 (Preliminary), USITC Publication 4397, June 2013) will contain the views of the Commission and information developed during the investigations.
Copies of the report are expected to be available after July 5, 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
Prestressed Concrete Steel Rail Tie Wire from China, Mexico, and Thailand
Investigation Nos. 731-TA-1207-1209 (Preliminary)
Product Description: Prestressed concrete steel rail tie wire is a high carbon steel wire; stress relieved or low relaxation; indented or otherwise deformed; meeting at a minimum the American Society for Testing and Materials ("ASTM") A881/A881M specification; regardless of shape, size, or other alloy element levels; suitable for use as prestressed tendons in concrete rail ties ("PC tie wire"). High carbon steel is defined as steel that contains 0.6 percent or more of carbon by weight. PC tie wire is specifically designed to be used as prestressed tendons in the construction of railroad ties. PC tie wire introduces compression into the concrete and strengthens the tie. Prestressed tendons in the concrete ties help improve the tensile resistance to support the flexural forces imparted by trains that travel along the rails.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping.
2. Petitioners: Davis Wire Corp., Kent, WA; Insteel Wire Products Co., Mount Airy, NC.
3. Preliminary investigations instituted by the USITC: April 23, 2013.
4. Commission's conference: May 14, 2013.
5. USITC vote: June 7, 2013.
6. USITC determinations issued: June 7, 2013.
7. USITC views issued: June 14, 2013.
U.S. Industry:
1. Number of producers in 2012: Two.
2. Location of producers' plants: Florida and Washington.
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 countries during 2012: (1)
2. From other countries during 2012: Zero.
3. Leading sources during 2012: (1)
(1) Withheld to avoid disclosure of business proprietary information.
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June 12, 2013
News Release 13-052
Inv. No(s).
337-TA-882
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation Of Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets, And Mobile Phones, Components Thereof, And Associated Software
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital media devices, including televisions, blu-ray disc players, home theater systems, tablets, and mobile phones, components thereof, and associated software. The products at issue in this investigation are digital media devices having features related to the sharing of media across devices.
The investigation is based on a complaint filed by Black Hills Media, LLC, of Wilmington, DE, on May 13, 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 digital media devices, including televisions, blu-ray disc players, home theater systems, tablets, and mobile phones, components thereof, and associated software that infringe patents asserted by Black Hills Media. 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:
Samsung Electronics Co. Ltd. of Seoul, South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
LG Electronics, Inc., of Seoul, South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Toshiba Corporation of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
Sharp Corporation of Osaka, Japan; and
Sharp Electronics Corporation of Mahwah, NJ.
By instituting this investigation (337-TA-882), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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The No Fear Act requires that Federal agencies post on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies.
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