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News Release 12-101
Inv. No(s). 731-TA-1104 (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 polyester staple fiber 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.
Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Meredith Broadbent did not participate in this review.
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 Polyester Staple Fiber from China (Inv. No. 731-TA-1104 (Review), USITC Publication 4351, September 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after October 19, 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 Polyester Staple Fiber from China was instituted on May 1, 2012.
On August 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.
News Release 12-100
Inv. No(s). 337-TA-856
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication devices, portable music and data processing devices, computers, and components thereof. The products at issue in this investigation are certain Apple iPhones, iPods, iPads, and Apple personal computers.
The investigation is based on a complaint filed by Motorola Mobility LLC of Libertyville, IL, Motorola Mobility Ireland of Bermuda, and Motorola Mobility International Limited of Bermuda, on August 17, 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 wireless communication devices, portable music and data processing devices, computers, and components thereof 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 Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-856), 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 12-099
Inv. No(s). 337-TA-855
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sintered rare earth magnets, methods of making same, and products containing same. The products at issue in this investigation are rare earth magnets and products incorporating rare earth magnets, such as motors, audio speakers, headphones, cordless tools, computer hard drives, and golf ball markers.
The investigation is based on a complaint filed by Hitachi Metals, Ltd., of Japan, and Hitachi Metals North Carolina, Ltd., of China Grove, NC, on August 17, 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 sintered rare earth magnets, methods of making same, and products containing 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:
Yantai Zhenghai Magnetic Material Co., Ltd., of China;
Ningbo Jinji Strong Magnetic Material Co., Ltd., of China;
Earth-Panda Advance Magnetic Material Co., Ltd., of China;
Skullcandy, Inc., of San Clemente, CA;
Beats Electronics, LLC, of Santa Monica, CA;
Monster Cable Products, Inc., of Brisbane, CA;
Bose Corp. of Framingham, MA;
Callaway Golf Co. of Carlsbad, CA;
Taylor Made Golf Co. of Carlsbad, CA;
Adidas America, Inc., of Portland, OR;
Milwaukee Electric Tool Corp. of Brookfield, WI;
Techtronic Industries Co. Ltd. of Hong Kong;
DeWALT Industrial Tool Corp. of Towson, MD;
Electro-Voice, Inc., of Burnsville, MN;
Shure Inc. of Niles, IL;
AKG Acoustics GmbH of Austria;
Harman International Industries of Stamford, CT;
Maxon Precision Motors, Inc., of Fall River, MA;
Dr. Fritz Faulhaber GmBH & Co. KG of Germany;
Micromo Electronics, Inc., of Clearwater, FL;
TELEX Communications, Inc., of Burnsville, MN;
Bosch Security Systems, Inc., of Burnsville, MN;
Electro-Optics Technology, Inc., of Traverse City, MI;
Nexteer Automotive Corp. of Saginaw, MI;
Bunting Magnetics Co. of Newton, KS;
Viona Corp. of Syosset, NY;
Allstar Magnetics LLC of Vancouver, WA;
Dura Magnetics Inc. of Sylvania, OH; and
Integrated Magnetics, Inc., of Culver City, CA.
By instituting this investigation (337-TA-855), 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 12-098
Inv. No(s). 337-TA-854
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain two-way global satellite communication devices, system and components thereof. The products at issue in this investigation are two-way satellite devices and systems that may be used to provide routine communications, tracking, emergency, and alerting functions for individuals anywhere in the world.
The investigation is based on a complaint filed by BriarTek IP, Inc., of Alexandria, VA, on August 17, 2012 and supplemented on September 6, 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 two-way global satellite communication devices, system, and components thereof that infringe a patent asserted by BriarTek IP. 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:
DeLorme Publishing Company, Inc. of Yarmouth, ME;
DeLorme InReach LLC of Yarmouth, ME; and
Yellowbrick Tracking Ltd. of the United Kingdom.
By instituting this investigation (337-TA-854), 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 12-097
Inv. No(s). 731-TA-895 (Second 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 pure magnesium (granular) 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.
Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson voted in the affirmative. Commissioners Dean A. Pinkert and Meredith Broadbent did not participate in this review.
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 Pure Magnesium (Granular) from China (Inv. No. 731-TA-895 (Second Review), USITC Publication 4350, September 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after October 16, 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 Pure Magnesium (Granular) from China was instituted on February 1, 2012.
On May 7, 2012, the Commission voted to conduct an expedited review. Then-Chairman Deanna Tanner Okun, then-Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Dean A. Pinkert did not participate in this 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.
News Release 12-096
Contact: Peg O'Laughlin, 202-205-1819
Meredith Broadbent, a Republican of Virginia, has been sworn in as a Commissioner of the U.S. International Trade Commission (USITC). Nominated to the USITC by President Barack Obama on November 8, 2011, she was confirmed by the U.S. Senate in August 2, 2012. She will fill the Commission term expiring on June 16, 2017.
Commissioner Broadbent held the William M. Scholl Chair in International Business at the Center for Strategic and International Studies from October 2010 until her appointment.
From 2003 to 2008, she served as Assistant U.S. Trade Representative for Industry, Market Access, and Telecommunications. In that position, she was responsible for developing U.S. policy that affected trade in industrial goods, telecommunications, and e-commerce. She led the U.S. negotiating team for the Doha Round negotiations to reduce tariff and nontariff barriers on industrial goods and successfully concluded an innovative plurilateral trade agreement with the European Union, Japan, Korea, and Taiwan. She also directed an administration initiative to reform the Generalized System of Preferences program for developing countries.
From 2009 to 2010, she was a Trade Advisor at the Global Business Dialogue, a multinational business association focused on international trade and investment issues.
Earlier in her career, Commissioner Broadbent served as a senior professional staff member on the Republican staff of the Committee on Ways and Means of the U.S. House of Representatives. In that position, she drafted and managed major portions of the Trade and Development Act of 2000, legislation to authorize normal trade relations with China, and the Trade Act of 2002, which included trade promotion authority and the Andean Trade Promotion and Drug Eradication Act.
Prior to that, she served as professional staff for the House Ways and Means Trade Subcommittee, where she was instrumental in the development and House passage of the implementing bills for the North American Free Trade Agreement and Uruguay Round Agreements.
Commissioner Broadbent holds a Bachelor of Arts degree in history from Middlebury College and a Master of Business Administration degree from the George Washington University School of Business and Public Management.
Originally from Cleveland, Ohio, she is married to Charles Riedel, has two sons, Charles and William, and resides in McLean, Virginia.
The U.S. International Trade Commission is an independent, nonpartisan, factfinding federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement.
News Release 12-095
Inv. No(s). 731-TA-894 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year ("sunset") review concerning the antidumping duty order on ammonium nitrate from Ukraine (Inv. No. 731-TA-894 (Second Review)).
As a result of this vote, the Commission will conduct a full review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
All six Commissioners concluded that 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 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 "ammonium nitrate" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its review.
News Release 12-094
Inv. No(s). 332-534
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation into trade and market trends in the renewable energy services sector.
The investigation, Renewable Energy and Related Services: Recent Developments, was requested by the Office of the U.S. Trade Representative (USTR).
The USITC provided reports on trade in this sector to the USTR in 2005. In the request letter, the USTR stated that since the publication of that report, the U.S. and global markets for such services have undergone significant change. The USTR noted that technological improvements and decreasing prices have led to rapid demand growth in the renewable energy services sector, particularly in the wind and solar power segments, but that changes in government incentive programs have created uncertainty regarding the future of the renewable energy market.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will, to the extent practicable:
- define types of renewable energy and related services, identify leading suppliers, and generally describe the relationship of renewable energy services to the development of renewable energy projects worldwide;
- estimate the size of the U.S. and global markets for certain renewable energy services, identify key export and import markets for such services, and describe factors affecting supply and demand;
- examine U.S. and global renewable energy services trade during 2007-2011, and highlight recent trends in investment in renewable energy projects and firms, including new business strategies or practices;
- identify barriers to U.S. trade and investment in renewable energy services, and examine recent efforts to liberalize trade in leading markets for such services; and
- examine the role of clean energy incentive programs in encouraging investment in and creating markets for renewable energy goods and services.
The USITC expects to deliver its report to the USTR by June 28, 2013.
The USITC will hold a public hearing in connection with this at 9:30 a.m. on November 29, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 15, 2012, with the Secretary to the Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record for the report. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted no later than 5:15 p.m. on March 1, 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 August 27, 2012. Questions about appearances and submissions should be directed to 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 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 12-093
Inv. No(s). 332-533
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation into trade and market trends in the environmental services sector.
The investigation, Environmental and Related Services, was requested by the Office of the U.S. Trade Representative (USTR).
The USITC provided reports on trade in the environmental services sector to the USTR in 2004- 2005. In the request letter, the USTR stated that since the publication of these reports, the U.S. and global markets for such services have undergone significant change. The USTR noted that although overall demand in the environmental services market has continued to rise, factors such as new technologies, tightening government budgets, and growing interest in environmental sustainability have altered the means through which such services are supplied.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will, to the extent practicable:
- estimate the size of the U.S. and global markets for certain environmental and related services, including water and wastewater services, solid and hazardous waste services, and remediation services; identify top suppliers and key country markets for such services; investigate factors affecting supply and demand in these market segments; and highlight market developments that have occurred within the last five years;
- estimate the value of trade and investment in the environmental services segments under investigation, identify key export and import markets for such services, and discuss recent trends in environmental services trade and investment; and
- identify barriers to trade and investment in the environmental services segments under investigation, discuss recent efforts to liberalize trade and investment in environmental services, and investigate the potential impact of further liberalization in environmental services.
The USITC expects to deliver its report to the USTR by March 29, 2013.
The USITC will hold a public hearing in connection with this investigation at 9:30 a.m. on October 22, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on October 4, 2012, with the Secretary to the Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record for this report. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted no later than 5:15 p.m. on October 30, 2012. 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 August 21, 2012. Questions about appearances and submissions should be directed to 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 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 12-092
Inv. No(s). 337-TA-853
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless consumer electronics devices and components thereof. The products at issue in this investigation are consumer electronic devices with wireless capabilities, such as electronic tablets, smartphones, e-readers, mobile hotspots, broadband wireless modems, and handheld game consoles.
The investigation is based on a complaint filed by Technology Properties Limited LLC and Phoenix Digital Solutions LLC of Cupertino, CA, and Patriot Scientific Corporation of Carlsbad, CA, on July 24, 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 wireless consumer electronics devices 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:
Acer Inc. of Taiwan;
Acer America Corporation of San Jose, CA;
Amazon.com, Inc., of Seattle, WA;
Barnes & Noble, Inc., of New York, NY;
Garmin Ltd. of Switzerland;
Garmin International, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS;
HTC Corporation of Taiwan;
HTC America of Bellvue, WA;
Huawei Technologies Co., Ltd., of China;
Huawei North America of Plano, TX;
Kyocera Corporation of Japan;
Kyocera Communications, Inc., of San Diego, CA;
LG Electronics, Inc., of the Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Nintendo Co., Ltd., of Japan;
Nintendo of America, Inc., of Redmond, WA;
Novatel Wireless, Inc., of San Diego, CA;
Samsung Electronics Co., Ltd., of the Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Sierra Wireless, Inc., of Canada;
Sierra Wireless America, Inc., of Carlsbad, CA;
ZTE Corporation of China; and
ZTE (USA) Inc. of Richardson, TX.
By instituting this investigation (337-TA-853), 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.