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ITC

December 10, 2012

News Release 12-121

Inv. No(s). 701-TA-365-366 (Third Review), 731-TA-734-735 (Third Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Pasta from Italy and Turkey

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year ("sunset") reviews concerning the countervailing and antidumping duty orders on certain pasta from Italy and Turkey (Inv. Nos. 701-TA-365-366 and 731-TA-734-735 (Third 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 Italy, all six Commissioners concluded that the domestic group response was adequate and that the respondent group response was inadequate, but that circumstances warranted full reviews.

With regard to imports from Turkey, all six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for 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 "pasta" 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.

# # #
November 28, 2012

News Release 12-120

Inv. No(s). 332-525

Contact: Peg O'Laughlin , 202-205-1819

Remanufacturing Expanding in Many U.S. Industrial Sectors, Says USITC; Growing Activity Supports At Least 180,000 Jobs

Growing Activity Supports At Least 180,000 Jobs

 

The United States is the world's largest producer, consumer, and exporter of remanufactured goods, reports the U.S. International Trade Commission (USITC) in its publication Remanufactured Goods: An Overview of the U.S. and Global Industries, Markets, and Trade.

Remanufacturing is an important and growing activity in many industrial sectors and supports at least 180,000 jobs throughout the United States, according to the report. Remanufacturing is the industrial process of restoring end-of-life goods to original working condition.

The USITC recently concluded the investigation for the U.S. Trade Representative. The report, based on survey data, covers the period 2009-11 and focuses on remanufacturing-intensive sectors that account for the majority of remanufacturing activity in the United States.

The report provides an overview of the U.S. remanufactured goods industries and markets, including U.S. remanufacturing production and employment, estimates U.S. and global trade in remanufactured goods, and examines factors affecting trends in remanufactured goods trade. Highlights of the report follow.

  • During the period 2009-11, U.S. production of remanufactured goods grew by 15 percent to at least $43 billion, supporting 180,000 full-time jobs. The largest U.S. remanufacturing sectors are aerospace, heavy-duty and off-road equipment, and motor vehicle parts.
  • U.S. production, employment, and exports are growing in many remanufacturing sectors but are still small compared with overall U.S. manufacturing activities.
  • U.S. exports of remanufactured goods total $11.7 billion in 2011, up 50 percent compared with 2009. Canada, the European Union, and Mexico are important markets for U.S. exports of remanufactured goods. About 40 percent of U.S. remanufactured goods exports went to free trade agreement partners.
  • Key factors affecting the competitiveness of U.S. remanufacturers in all sectors and markets are the availability and relative price of cores (the used goods to be remanufactured), transportation and labor costs, the comparative price of remanufactured goods and new goods, the availability of lower-priced new alternatives, and customer perceptions about price and quality.
  • Remanufacturing and trade in remanufactured goods and related inputs in many foreign markets are limited. Foreign regulatory barriers are a significant impediment to U.S. and global trade in remanufactured goods. The lack of a common definition of remanufactured goods hampers increased U.S. and global trade in remanufactured goods.
  • The United States and the European Union account for the bulk of global remanufacturing activity and trade. Although Brazil, India, and China are developing their own remanufacturing industries in response to growing domestic demand, they tend to restrict trade in remanufactured goods and related inputs the most.

Remanufactured Goods: An Overview of the U.S. and Global Industries, Markets, and Trade (Investigation No. 332-525, USITC Publication 4356, October 2012), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4356.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.

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November 27, 2012

News Release 12-119

Inv. No(s). 731-TA-921 (Second Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Folding Gift Boxes from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on folding gift boxes from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 Folding Gift Boxes from China (Inv. No. 731-TA-921 (Second Review), USITC Publication 4365, December 2012) will contain the views of the Commission and information developed during the review.

Copies may be requested after December 31, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

 


 

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Folding Gift Boxes from China was instituted on April 2, 2012.

On July 6, 2012, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission's vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

# # #
November 19, 2012

News Release 12-118

Inv. No(s). 731-TA-893 (Second Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Honey from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on honey 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 these five-year (sunset) reviews.

The Commission's public report Honey from China (Inv. No. 731-TA-893 (Second Review), USITC Publication 4364, November 2012) will contain the views of the Commission and information developed during the review.

Copies may be requested after December 21, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

 


 

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Honey from China was instituted on July 2, 2012.

On October 5, 2012, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission's vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

# # #
November 15, 2012

News Release 12-117

Inv. No(s). 731-TA-1197 (Final)

Contact: Peg O'Laughlin , 202-205-1819

Steel Wire Garment Hangers from Taiwan Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of steel wire garment hangers from Taiwan that the U.S. Department of Commerce has determined are 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 determination, Commerce will issue an antidumping duty order on imports of this product from Taiwan.

The Commission's public report Steel Wire Garment Hangers from Taiwan (Investigation No. 731-TA-1197 (Final), USITC Publication 4363, November 2012) will contain the views of the Commissioners and information developed during the investigation.

Copies may be obtained after December 21, 2012, by emailing pubrequest@usitc.gov, 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

Steel Wire Garment Hangers from Taiwan
Investigation No. 731-TA-1197 (Final)

 

Product Description: Steel wire garment hangers are garment hangers fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and/or whether or not fashioned with paper covers or capes (with or without printing) and/or nonslip features such as saddles or tubes. Steel wire garment hangers in this instance specifically exclude wooden, plastic, and other garment hangers that are not made of steel wire; steel wire garment hangers with swivel hooks; steel wire garment hangers with clips permanently affixed; and chrome-plated steel wire garment hangers with a diameter of 3.4mm or greater. Steel wire garment hangers are principally used by the drycleaning, industrial laundry and uniform rental industries for draping clothes and textiles.

 

Status of Proceedings:

1. Type of investigation: Final antidumping.
2. Petitioners:  M&B Metal Products Company, Inc., Leeds, AL; Innovative Fabrication LLC /
       Indy Hanger, Indianapolis, IN; and US Hanger Company, LLC, Gardena, CA. 
3. Investigation instituted by USITC:  December 29, 2011.
4. USITC hearing: October 24, 2012.
5. USITC vote: November 15, 2012.
6. USITC notification of Department of Commerce: November 29, 2012.

U.S. Industry:

1. Number of U.S. producers in 2011:  6.
2. Location of producers' plants:  Alabama, California, Indiana, Nebraska, Puerto Rico, and
       Texas. 
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:  (1) 
6. Ratio of subject imports to apparent U.S. consumption in 2011: (1)

U.S. Imports in 2011:

1. From the subject countries during 2011:  $38.7 million.
2. From other countries during 2011:  $43.5 million.
3. Leading sources during 2011: Vietnam, Mexico, and China (in terms of total value).
# # #
November 14, 2012

News Release 12-116

Inv. No(s). 701-TA-482-484 (Final), 731-TA-1191-1194 (Final)

Contact: Peg O'Laughlin , 202-205-1819

Circular Welded Carbon-Quality Steel Pipe from India, Oman, the United Arab Emirates, and Vietnam Does Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of circular welded carbon-quality steel pipe from India, Oman, and the United Arab Emirates that the U.S. Department of Commerce has determined are subsidized, and by imports from India, Oman, the United Arab Emirates, and Vietnam that Commerce has determined are sold in the United States at less than fair value.

Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative.

As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued.

The Commission's public report Circular Welded Carbon-Quality Steel Pipe from India, Oman, the United Arab Emirates, and Vietnam (Investigation Nos. 701-TA-482-484 and 731-TA-1191- 1194 (Final), USITC Publication 4362, December 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after December 26, 2012, by emailing pubrequest@usitc.gov, 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

Circular Welded Carbon-Quality Steel Pipe from India, Oman, United Arab Emirates, and Vietnam
Investigation Nos. 701-TA-482-484 and 731-TA-l 191-1194 (Final)

 

Product Description: These investigations cover circular welded carbon-quality steel pipes and tube with an outside diameter not more than 16 inches regardless of wall thickness, surface finish (e.g., bare, galvanized, or painted), or end finish (plain end, beveled end, grooved, threaded, or threaded and coupled). These pipes are generally known as standard pipe, fence pipe and tube, sprinkler pipe, and structural pipe. This description does not include (a) pipe suitable for use in boilers, superheaters, heat exchangers, refining furnaces and feedwater heaters; (b) finished electrical conduit; (c) finished scaffolding; (d) tube and pipe hollows for redrawing; (e) oil country tubular goods produced to American Petroleum Institute (API) specifications; (f) line pipe produced to only API specifications; and (g) mechanical tubing.

 

Status of Proceedings:

1. Type of investigations:  Final antidumping and countervailing duty.
2. Petitioners:  Allied Tube and Conduit, Harvey, IL; JMC Steel Group, Chicago, IL; Wheatland
       Tube, Sharon, PA; and United States Steel Corporation, Pittsburgh, PA.
3. Investigations instituted by USITC:  October 26, 2011.
4. USITC hearing:  October 17, 2012.
5. USITC vote:  November 14, 2012.
6. USITC notification of Department of Commerce: December 5, 2012.

U.S. Industry:

1. Number of U.S. producers during 2009-11:  20.
2. Location of producers' plants:  Alabama, Arizona, Arkansas, California, Georgia, Iowa,
       Illinois, Kansas, Kentucky, Louisiana, Michigan, Missouri, New Jersey, Ohio,
       Pennsylvania, South Carolina (until 2012), and Texas. 
3. Employment of production and related workers of circular welded carbon-quality steel pipe in
       2011:  1,513.
4. U.S. producers' U.S. shipments of circular welded carbon-quality steel pipe in 2011:
       $1.0 billion.
5. Apparent U.S. consumption of circular welded carbon-quality steel pipe in 2011:  $1.6 billion.
6. Ratio of subject imports to apparent U.S. consumption in 2011:  12.1 percent by value.

U.S. Imports in 2011:

1. From subject countries: 206,024 short tons (valued at $190.0 million).
2. From countries not subject to these investigations: 306,372 short tons (valued at
       $330.4 million).
3.     Leading sources during 2011:  Mexico, United Arab Emirates, Korea, India, Vietnam, and
               Thailand (by value). 
# # #
November 9, 2012

News Release 12-115

Inv. No(s). 337-TA-861

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 for electronic devices such as smartphones and tablets.

The investigation is based on a complaint filed by Speculative Product Design, LLC, of Mountain View, CA, on September 26, 2012. A supplement to the complaint was filed on October 25, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cases for portable electronic devices. 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:

Anbess Electronics Co. Ltd., of China;
BodyGlove International, LLC, of Redondo Beach, CA;
Fellowes, Inc., of Itsaca, IL;
ROCON Digital Technology Corp. of China;
SW-Box.com aka Cellphonezone Limited of Hong Kong;
Trait Technology (Shenzhen) Co., Limited, d/b/a Trait-Tech, of China; and
Hongkong Wexun Ltd. of China.

By instituting this investigation (337-TA-861), 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.

# # #
November 9, 2012

News Release 12-114

Inv. No(s). 701-TA-490 (P), 731-TA-1204 (P)

Contact: Peg O'Laughlin , 202-205-1819

USITC Votes to Continue Cases on Hardwood Plywood from China

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 hardwood plywood from China that are allegedly subsidized and 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 countervailing duty determination due on or about December 21, 2012, and its preliminary antidumping duty determination due on or about March 6, 2013.

The Commission's public report Hardwood Plywood from China (Investigation Nos. 701-TA- 490 and 731-TA-1204 (Preliminary), USITC Publication 4361, November 2012) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after December 10, 2012, 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.

 

FACTUAL HIGHLIGHTS

 

Hardwood Plywood from China
Investigation Nos. 701 TA-490 and 731-TA-1204 (Preliminary)

Product Description: Hardwood and decorative plywood (hardwood plywood) is a wood panel product made from gluing two or more layers of wood veneer to a core which may itself be composed of veneers or other type of wood material such as medium density fiberboard (MDF), particleboard, lumber, or oriented strand board (OSB). The subject product is typically made using hardwood species (e.g., oak, birch, maple, and poplar), but may also be made from softwood species or bamboo. Common uses of hardwood plywood include furniture, kitchen cabinets, architectural woodwork, floor underlayment, and wall paneling. The product is typically used in interior applications, although some hardwood plywood is made specifically for marine applications. Specifically excluded from the subject product is structural plywood, plywood made with cork faces or backs, multilayered wood flooring manufactured subject to a CVD/AD order, and plywood further worked beyond basic finishing.

 

Status of Proceedings:
1.        Type of investigations:  Preliminary antidumping and countervailing duty.
2.        Petitioners: The Coalition for Fair Trade of Hardwood Plywood and its individual members:
          Columbia Forest Products, Greensboro, NC; Commonwealth Plywood Co., Ltd., Whitehall,
          NY; Murphy Plywood, Eugene, OR; Roseburg Forest Products Co., Roseburg, OR; States
          Industries LLC, Eugene, OR; and Timber Products Company, Springfield, OR.
3.        Preliminary investigations instituted by the USITC:  September 27, 2012.
4.        Commission's conference: October 18, 2012.
5.        USITC vote: November 9, 2012.
6.        USITC determinations to the U.S. Department of Commerce: November 13, 2012.
7.        USITC views to the U.S. Department of Commerce: November 19, 2012.

U.S. Industry:
1.        Number of producers in 2011: Twenty.
2.        Location of producers' plants: Arkansas, Illinois, Mississippi, New York, North Carolina, Ohio,
          Oregon, Pennsylvania, South Carolina, Virginia, Washington, and West Virginia.
3.        Employment of production and related workers in 2011:  1851. 1/
4.        Apparent U.S. consumption in 2011:  $2,014 million (estimated).
5.        Ratio of the value of total U.S. imports to total U.S. consumption in 2011: 66.5%.

U.S. Imports:
1.        From the subject country during 2011:  $707.3 million (estimated).
2.        From other countries during 2011:  $632.7 million (estimated).
3.        Leading sources during 2011:  China (in terms of both total quantity and value).


______________________
1/As reported by 11 firms representing the majority of U.S. production.
# # #
November 7, 2012

News Release 12-113

Inv. No(s). 701-TA-481 (Final), 731-TA-1190 (Final)

Contact: Peg O'Laughlin , 202-205-1819

Crystalline Silicon Photovoltaic Cells and Modules from China Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of crystalline silicon photovoltaic cells and modules 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 Commerce Department previously made affirmative critical circumstances determinations in its investigations. Therefore, the Commissioners who made affirmative determinations today are required to determine whether imports covered by the Commerce critical circumstances determinations are likely to undermine seriously the remedial effect of the antidumping and countervailing duty orders Commerce will issue.

With respect to critical circumstances, Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative with respect to critical circumstances.

As a result of the Commission's negative determinations regarding critical circumstances, the antidumping and countervailing duty orders concerning these imports will not apply retroactively to goods that entered the United States prior to the date of publication in the Federal Register of the Department of Commerce's affirmative preliminary determinations.

The Commission's public report Crystalline Silicon Photovoltaic Cells and Modules from China (Investigation Nos. 701-TA-481 and 731-TA-1190 (Final), USITC Publication 4360, November 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after December 14, 2012, by emailing pubrequest@usitc.gov, 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.


 

 

FACTUAL HIGHLIGHTS

 

Crystalline Silicon Photovoltaic Cells and Modules from China
Investigation Nos. 701-TA-481 and 731-TA-1190 (Final)

 

Product Description: The merchandise covered by this investigation are crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. This investigation covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Subject merchandise may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of this investigation. Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the People's Republic of China are covered by this investigation; however, modules, laminates, and panels produced in China from cells produced in a third country are not covered by this investigation. Merchandise covered by this investigation is currently classified in the Harmonized Tariff System of the United States ( HTSUS'') under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

 

Status of Proceedings:
1. Type of investigations:  Final antidumping and countervailing duty.
2. Petitioner:  SolarWorld Industries America, Inc., Hillsboro, OR. 
3. Investigations instituted by USITC:  October 19, 2011.
4. USITC hearing:  October 3, 2012.
5. USITC vote:  November 7, 2012.
6. USITC notification of Department of Commerce:  November 30, 2012.

U.S. Industry:
1. Number of U.S. producers: 14.
2. Location of producers' cell and module plants:  Arizona, California, Delaware, Florida, Georgia,
       Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Tennessee,
       Washington, and Wisconsin. 
3. Employment of production and related workers of crystalline silicon photovoltaic modules in 2011: 
       1,856.
4. U.S. producers' U.S. shipments of crystalline silicon photovoltaic modules in 2011: $790.5 million.
5. Apparent U.S. consumption of crystalline silicon photovoltaic modules in 2011:  $3.01 billion.   
6. Ratio of subject imports from China to apparent U.S. consumption of crystalline silicon 
       photovoltaic modules in 2011:  57.4 percent.

U.S. Imports in 2011:
1. Quantity of imports of crystalline silicon photovoltaic cells and modules from China:  1.5 million
   kilowatts.
2. Value of imports of crystalline silicon photovoltaic modules from China:  $1.9 billion.
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November 5, 2012

News Release 12-112

Inv. No(s). 332-532

Contact: Peg O'Laughlin , 202-205-1819

USITC Releases First Report on Proposed Expansion of the Information Technology Agreement

The U.S. International Trade Commission (USITC) today released its first report on the proposed expansion of the Information Technology Agreement (ITA).

The investigation, The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part I (Inv. No. 332-532), was requested by the Office of the U.S. Trade Representative (USTR). It is the first of two reports delivering advice and information on the expansion of the ITA.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, delivered the report to the USTR on October 24, 2012.

The report covers a draft list of information and communications technology (ICT) products, compiled by the USTR and included with his request letter, that could be considered for duty free treatment under the ITA. The report provides information concerning both the ICT and non-ICT purposes for which each of the products is used. It also identifies products that U.S. industry and other interested parties view to be import sensitive.

The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part I (Inv. No. 332-532, USITC publication 4355, October 2012) is available on the USITC's Internet site at www.usitc.gov/publications/332/pub4355.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.

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