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News Release 12-111
Inv. No(s). 731-TA-1105-1106 (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 suspended investigations on lemon juice from Argentina and Mexico (Inv. Nos. 731-TA-1105-1106 (Review)).
As a result of these votes, the Commission will conduct full reviews to determine whether termination of the suspended investigations 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 both the domestic group response and the respondent group responses 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 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 "lemon juice" 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 12-110
Inv. No(s). 337-TA-860
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same. The products at issue in this investigation are vertical cavity surface- emitting lasers ("VCSELs") and VCSEL drivers, and also transceivers and active optical cables that include VCSELs and VCSEL drivers as components.
The investigation is based on a complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd., of Singapore; and Avago Technologies U.S. Inc. of San Jose, CA, on September 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 optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
IPtronics A/S of Denmark;
IPtronics Inc. of Menlo Park, CA;
FCI USA, LLC, of Etters, PA;
FCI Deutschland GmbH of Germany;
FCI SA of France;
Mellanox Technologies Inc., of Sunnyvale, CA; and
Mellanox Technologies, Ltd. of Israel.
By instituting this investigation (337-TA-860), 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 12-109
Inv. No(s). 337-TA-859
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit chips and products containing the same. The products at issue in this investigation are generally integrated circuit chips contained in hard disk drives, solid state drives, high-speed communications systems and interfaces, computer servers, data storage systems, controller boards and personal computers.
The investigation is based on a complaint filed by Realtek Semiconductor Corporation of Taiwan on September 19, 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 integrated circuit chips and products containing the same that infringe patents asserted by Realtek. 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:
LSI Corporation of Milpitas, CA; and
Seagate Technology, Inc., of Cupertino, CA.
By instituting this investigation (337-TA-859), 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 12-108
Inv. No(s). 337-TA-858
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain devices with secure communication capabilities, components thereof, and products containing the same. The products at issue in this investigation are devices with secure communication applications.
The investigation is based on a complaint filed by VirnetX, Inc., of Zephyr Cove, NV, and Science Applications International Corporation of McLean, VA, on September 14, 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 devices with secure communication capabilities, components thereof, and products containing the same 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 Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-858), 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 12-107
Inv. No(s). 337-TA-857
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain reduced folate nutraceutical products and l-methylfolate raw ingredients used therein. The products at issue in this investigation are nutraceutical products that contain reduced folates.
The investigation is based on a complaint filed by South Alabama Medical Science Foundation of Mobile, AL; Merck & Cie of Switzerland; and Pamlab LLC of Covington, LA, on September 10, 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 reduced folate nutraceutical products and l- methylfolate raw ingredients used therein 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:
Gnosis SpA of Italy;
Gnosis Bioresearch SA of Switzerland;
Gnosis USA Inc. of Doylestown, PA; and
Macoven Pharmaceuticals LLC of Magnolia, TX.
By instituting this investigation (337-TA-857), 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 12-106
Inv. No(s). 731-TA-671-673 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on silicomanganese from China and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time and that revoking the existing antidumping duty order on silicomanganese from Brazil 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 affirmative determinations, the existing orders on imports of this product from China and Ukraine will remain in place and the existing order on imports of this product from Brazil will be terminated.
With regard to imports of this product from China, Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. With regard to imports of this product from Ukraine, Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Daniel R. Pearson voted in the negative. With regard to imports of this product from Brazil, Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson voted in the negative. Commissioner Dean A. Pinkert voted in the affirmative. Commissioner Meredith Broadbent did not participate in these reviews.
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 Silicomanganese from Brazil, China, and Ukraine (Inv. Nos. 731-TA-671-673 (Third Review), USITC Publication 4354, October 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after November 14, 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) reviews concerning Silicomanganese from Brazil, China, and Ukraine were instituted on August 1, 2011.
On November 4, 2011, the Commission voted to conduct full reviews. With respect to Brazil and Ukraine, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to China, all six Commissioners found 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 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 12-105
Inv. No(s). 731-TA-873-875, 878-880, and 882 (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 antidumping duty orders on steel concrete reinforcing bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine (Inv. Nos. 731-TA-873-875, 878- 880, and 882 (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 respect to Latvia and Moldova, all six Commissioners concluded that the domestic group response and the respondent group responses were adequate and voted for a full review. With respect to Belarus, China, Indonesia, Poland, and Ukraine, all six Commissioners concluded that the domestic group response was adequate and 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 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 "reinforcing bar" 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 12-104
Inv. No(s). 731-TA-893 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on honey from China (Inv. No. 731-TA-893 (Second Review)).
As a result of this vote, the Commission will conduct an expedited 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.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations 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 reviews, and information provided by the Department of Commerce.
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 votes 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 "honey" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
News Release 12-103
Inv. No(s). 332-537
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation into the global competitiveness of the U.S. commercial olive oil industry.
The investigation, Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries, was requested by the U.S. House of Representatives Committee on Ways and Means in a letter received on September 12, 2012.
In its letter, the Committee stated: "The U.S. commercial olive oil industry has grown rapidly over the last decade, employing modern agriculture technologies and research to capture the growing domestic demand for olive oil.... U.S. consumption of olive oil has increased approximately 40 percent in the past ten years. Although domestic production has increased, the vast majority of U.S. consumption is satisfied by imports."
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide, to the extent practicable, information and analysis on the major suppliers of olive oil, particularly Spain, Italy, and North African countries, as well as the United States. The report will cover the period 2008-2012 and to the extent possible will provide:
- an overview of the commercial olive oil industry in the United States and major supplier countries, including production of olives for olive oil processing, planted acreage and new plantings, processing volumes, processing capacity, carry-over inventory, and consumption;
- information on the international market for olive oil, including U.S. and foreign supplier imports and exports of olive oil in its various forms, olive oil trade between the European Union and North African countries, and a history of the tariff treatment and classification of olive oil;
- a qualitative and, to the extent possible, quantitative assessment of the role of imports, standards and grading, prices, and other factors on olive oil consumption in the U.S. market; and
- a comparison of the competitive strengths and weaknesses of the commercial olive production and olive oil processing industries in the major producing countries and the United States, including factors such as industry structure, input production costs and availability, processing technology, product innovation, government support and other government intervention, exchange rates, and marketing regimes, plus steps each respective industry is taking to increase its competitiveness.
The USITC will submit its report to the Committee by August 12, 2013.
The USITC will hold a public hearing in connection with the investigation at 10:30 a.m. on December 5, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 14, 2012, 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 February 12, 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 October 1, 2012, 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 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 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 12-102
Inv. No(s). 332-352
Contact: Peg O'Laughlin, 202-205-1819
Program Continues to Have a Small but Indirect Effect on Drug Crop Eradication
Andean Trade Preference Act (ATPA) imports during 2011 continued to have a negligible overall effect on the U.S. economy and consumers, reports the U.S. International Trade Commission (USITC) in its study Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, Fifteenth Report, 2011.
The agency also noted that the ATPA continued to have a small but indirect effect in reducing illicit coca cultivation and promoting crop substitution efforts in the Andean countries in 2011.
The USITC, an independent, nonpartisan, factfinding federal agency, recently issued its 15th report in a series monitoring imports under the ATPA and the impact of the ATPA on drug crop eradication and crop substitution. In 2011, the ATPA program afforded preferential tariff treatment to most products of Colombia and Ecuador. After May 15, 2012, when the U.S.-Colombia Trade Promotion Agreement entered in to force, Ecuador became the only ATPA beneficiary country.
Since the 14th report, two major changes have had an impact on the ATPA: Peru lost its ATPA eligibility at the beginning of 2011, and imports under ATPA in 2011 were significantly lower because of a lapse in the program. Highlights of the report, which focuses on calendar year 2011, follow:
- The effects of ATPA on the United States in 2011 were negligible. Total imports from ATPA countries represented 1.5 percent of the total value of U.S. merchandise imports in 2011. ATPA-exclusive imports accounted for 0.19 percent of the total value of U.S. imports.
- Of the products imported into the U.S. under the ATPA, U.S. consumers benefited the most from imports of fresh cut roses and fresh cut chrysanthemums through lower prices as a result of duty free treatment. U.S. producers of fresh cut roses were the most negatively impacted as lower priced imports led to a small reduction in domestic production.
- ATPA preferences expired on February 12, 2011, but were retroactively renewed on October 21, 2011. In addition, Peru lost its ATPA beneficiary status at the end of 2010. As a result of the lapse and the exit of Peru, imports entered under ATPA fell 70 percent, and ATPA-exclusive imports fell 68 percent.
- Most U.S. imports that entered under ATPA preferences were eligible for duty-free treatment only under the ATPA. Of the $4.4 billion in U.S. imports that were entered under ATPA in 2011, imports valued at $4.2 billion could not have received tariff preferences under any other program. These ATPA-exclusive imports accounted for 13.1 percent of the value of total U.S. imports from ATPA countries.
- Petroleum and petroleum products now dominate the list of leading imports that benefit exclusively from the ATPA. The five leading items benefiting exclusively from the ATPA in 2011 were heavy crude oil, light crude oil, heavy fuel oil, fresh cut roses, and light oil mixtures.
- Future effects of the ATPA on the overall U.S. economy and most economic sectors are expected to be minimal because U.S. imports from Ecuador (the only remaining ATPA beneficiary country) represent such a small portion of total U.S. imports (0.43 percent in 2011). Uncertainty over the future of ATPA trade preferences in 2011 discouraged investment in some sectors. Nevertheless, some investments could generate future exports to the United States under the ATPA, including frozen broccoli and cauliflower, pouched tuna, and plywood.
- The effectiveness of ATPA in reducing illicit coca cultivation and promoting crop substitution efforts in the Andean countries continued to be small and mostly indirect during 2010 and 2011. Although data were unavailable for 2011, illicit coca cultivation in the Andean region has declined in recent years. Sustained aerial and manual eradication operations in Colombia reduced coca cultivation nearly 15 percent in 2010, while Ecuador remained essentially free of drug-crop cultivation despite being a major transit country for drug trafficking.
Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, Fifteenth Report, 2011 (Inv. No. 332-352, USITC Publication No. 4352, September 2012) is on the USITC's Internet site at www.usitc.gov/publications/332/pub4352.pdf. The publication will also be available at federal depository libraries in the United States. A CD-ROM or printed copy of the report may be requested 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 also be faxed to 202-205-2104.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.