ITC
USITC Makes Determination in Five-Year (Sunset) Review Concerning Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on certain seamless carbon and alloy steel standard, line, and pressure pipe from Germany 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 Germany will remain in place.
Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Daniel R. Pearson did not vote. Commissioner Deanna Tanner Okun 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 Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany (Inv. No. 731-TA-709 (Third Review), USITC Publication 4348, August 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after September 20, 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 Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany 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.
Large Power Transformers from Korea 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 large power transformers from Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Deanna Tanner Okun, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Daniel R. Pearson did not participate in this investigation.
As a result of the USITC's affirmative determination, Commerce will issue an antidumping duty order on imports of this product from Korea.
The Commission's public report Large Power Transformers from Korea (Investigation No. 731- TA-1189 (Final), USITC Publication 4346, August 2012) will contain the views of the Commissioners and information developed during the investigation.
Copies may be obtained after July August 30, 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
Large Power Transformers from Korea
Investigation No. 731-TA-1189 (Final)
Product Description: The product covered by this investigation is large power transformers. The subject merchandise includes large liquid dielectric power transformers (LPTs) having a top electric power handling capacity greater than or equal to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete. The merchandise subject to this investigation is classified for tariff purposes under subheadings 8504.23.00 and 8504.90.95 of the Harmonized Tariff Schedule of the United States (HTS).
Status of Proceedings: 1. Type of investigation: Final antidumping. 2. Petitioners: ABB Inc. (ABB), Cary, NC; Delta Star Inc. (Delta Star), Lynchburg, VA; and Pennsylvania Transformer Technology Inc. (PTTI), Canonsburg, PA. 3. Investigation instituted by USITC: July 14, 2011. 4. USITC hearing: July 10, 2012. 5. USITC vote: August 9, 2012. 6. Scheduled date for USITC notification of Department of Commerce: August 24, 2012. U.S. Industry: 1. Number of producers in 2011: Five. 2. Location of producers' plants: California, Georgia, Missouri, North Carolina, Pennsylvania, Virginia, and Wisconsin. 3. Employment of production and related workers in 2011: 4. Apparent U.S. consumption in 2011: 137,243 (in terms of quantity in megavolt amperes) 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2011: 1/ U.S. Imports: 1. From the subject country during 2011: 1/ 2. From other countries during 2011: 1/ 3. Leading sources during 2011: 1/ __________________________________ 1/ Withheld to avoid disclosure of business proprietary information.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Ferrovanadium and Nitrided Vanadium from Russia
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on ferrovanadium and nitrided vanadium from Russia would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's negative determination, the existing order on imports of these products from Russia will be terminated.
All six Commissioners voted in the negative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Ferrovanadium and Nitrided Vanadium from Russia (Inv. No. 731-TA-702 (Third Review), USITC Publication 4345, August 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after August 29, 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 Ferrovanadium and Nitrided Vanadium from Russia was instituted on September 1, 2011.
On December 5, 2011, the Commission voted to conduct a full review. All six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.
A record of the Commission's vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
Proposed Expansion of Information Technology Agreement to be Examined by U.S. International Trade Commission
Proposed New Products Could Gain Duty-Free Treatment from ITA Participant Countries
The U.S. International Trade Commission (USITC) has launched two investigations into the proposed expansion of the Information Technology Agreement (ITA).
The investigations were requested by the Office of the U.S. Trade Representative (USTR).
The investigations will cover 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.
In his request letter, the USTR noted that the successful conclusion of the ITA in 1996 opened markets in 42 countries to U.S. exports of computers, semiconductors, telecommunications, software, and other electronics products. The ITA now includes 74 participants representing 97 percent of trade in the products covered by the agreement. The ITA participants agreed in May 2012 to begin negotiations, under the auspices of the World Trade Organization, to expand ITA product coverage. The USTR indicated that formal negotiations are expected to begin in September 2012.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide the USTR with two reports.
The first report, The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part I (Inv. No. 332-532), will provide information concerning both the ICT and non-ICT uses of the listed products. It will also identify products that U.S. industry and other interested parties view as import sensitive. The USITC expects to deliver the first report to USTR by October 24, 2012.
The USITC is seeking written submissions for the record in connection with the first report and requests comments addressing product uses and import sensitivity. Written submissions must be received no later than 5:15 p.m. on September 6, 2012, and should be addressed to the Secretary to the Commission, 500 E Street SW, Washington, DC 20436. All written submissions, except for confidential business information, will be available for public inspection.
The second report, The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part 2 (Inv. No. 332-536), will identify, for each product, the major producing countries; leading U.S. export markets; leading sources of U.S. imports; and tariffs applied to these products in major markets. The report will also include an overview of key subsectors and, to the extent practicable, examine the benefits to U.S. industry of ITA expansion. The USITC expects to deliver the second report to USTR by February 15, 2013.
The USITC will hold a public hearing in connection with the second report at 9:30 a.m. on November 8, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on October 31, 2012, with the Secretary to the Commission at the above address.
The USITC also welcomes written submissions for the record for the second 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 November 20, 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 8, 2012. Questions about appearances and submissions for both reports 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 investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
USITC to Investigate the Probable Economic Effect of Duty-Free Imports Under a U.S.-Trans-Pacific Partnership FTA that Includes Canada and Mexico
The U.S. International Trade Commission (USITC) is seeking input for newly initiated investigations into the probable economic effect of a U.S. free trade agreement (FTA) with members of the Trans-Pacific Partnership (TPP), including Canada and Mexico.
The investigations, U.S.-Trans-Pacific Partnership Free Trade Agreement Including Canada and Mexico: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports, were requested by the U.S. Trade Representative (USTR) in a letter received July 19, 2012.
In the request letter, the USTR stated that Canada and Mexico have joined TPP negotiations and asked the USITC to provide advice concerning the probable economic effect of a U.S. free trade agreement with Australia, Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.
For the current report, the USTR asked that the USITC, among other things, identify any changes in its advice from the earlier advice that did not include Canada and Mexico. The USITC has previously provided advice to the USTR concerning the probable economic effect of providing duty-free treatment for imports of products from Australia, Brunei Darussalam, Chile, New Zealand, Peru, Singapore, and Vietnam, plus Malaysia, under a TPP FTA (those reports remain classified by the USTR).
As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of products of the ten TPP members on industries in the United States producing like or directly competitive articles and on consumers. In preparing its advice, the ITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States for which tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization and under U.S. free trade agreements that the United States has with a TPP country. The advice will be based on the 2011 Harmonized Tariff Schedule nomenclature and trade data for the year 2011. The advice will assume that any known U.S. non-tariff barrier will not be applicable to such imports, and the USITC will note in its report any instance in which the continued application of a U.S. non-tariff barrier would result in different advice with respect to the effect of the removal of the duty.
In addition, as requested by the USTR, the USITC will prepare an assessment of the probable economic effect of eliminating tariffs on imports of certain agricultural products of the TPP members on U.S. industries producing the product concerned and the economy as a whole. A list of the products is attached to the USTR's request letter, which can be obtained from the USITC's web site and its electronic document information system (EDIS).
The USITC expects to submit its report, which will be confidential, to the USTR by November 19, 2012.
The USITC is seeking input for these investigations from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.
The USITC will hold a public hearing in connection with the investigations on September 12, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on August 30, 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 September 19, 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 6, 2012, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or at 202-205-2000.
USITC Will Expedite Five-Year (Sunset) Review Concerning Certain Polyester Staple Fiber from China
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on certain polyester staple fiber from China (Inv. No. 731-TA-1104 (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 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 "polyester staple fiber" 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Lined Paper School Supplies from China, India, and Indonesia
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on certain lined paper school supplies from India and the existing antidumping duty orders on these products from China and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The USITC further determined that revoking the existing countervailing duty order and the existing antidumping duty order on these products from Indonesia 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 these products from China and India will remain in place. As a result of the Commission's negative determinations, the existing orders on imports of these products from Indonesia will be terminated.
With respect to China, all six Commissioners voted in the affirmative. With respect to India, Chairman Irving A. Williamson and Commissioners Shara L. Aranoff and Dean A. Pinkert voted in the affirmative, and Commissioners Deanna Tanner Okun, Daniel R. Pearson, and David S. Johanson voted in the negative. With respect to Indonesia, Commissioners Okun, Pearson, Aranoff, Pinkert, and Johanson voted in the negative, and Chairman Williamson voted in the affirmative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Certain Lined Paper School Supplies from China, India, and Indonesia (Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344, August 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after August 23, 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 Certain Lined Paper School Supplies from China, India, and Indonesia was instituted on August 1, 2011.
On November 4, 2011, the Commission voted to conduct full reviews. With respect to China and Indonesia, then-Chairman Deanna Tanner Okun, then-Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert concluded that both the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. Commissioner Charlotte R. Lane concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews. With respect to India, then-Chairman Deanna Tanner Okun, then- Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. Commissioner Charlotte R. Lane concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission's vote 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Tapered Roller Bearings from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on tapered roller bearings 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 Deanna Tanner Okun 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 Tapered Roller Bearings from China (Inv. Nos. 731-TA-344 (Third Review), USITC Publication 4343, August 2012) will contain the views of the Commission and information developed during the review.
Copies may be requested after August 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 Tapered Roller Bearings from China was instituted on August 1, 2011.
On November 4, 2011, the Commission voted to conduct a full review. Then-Vice Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. Commissioner Charlotte R. Lane concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review. Then-Chairman Deanna Tanner Okun did not participate in this review.
A record of the Commission's vote to conduct expedited a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
USITC Institutes Section 337 Investigation on Certain Video Analytics Software, Components Thereof, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video analytics software, components thereof, and products containing same. The products at issue in this investigation are systems containing hardware and/or software for analyzing information from a video source to detect, classify, and track objects and generate outputs.
The investigation is based on a complaint filed by ObjectVideo, Inc., of Reston, VA, on June 27, 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 video analytics software, components thereof, and products containing same that infringe patents asserted by ObjectVideo, Inc. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified Pelco, Inc., of Clovis, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-852), 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.
Program Provides Too Few Incentives to Help Boost Competitiveness of Dominican Apparel Exports to the United States, Says USITC
Three years after its implementation, the Earned Import Allowance Program (EIAP) is not providing enough incentives to help boost the competitiveness of Dominican apparel exports in the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Third Annual Review.
The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.
The USITC's third annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July xx, 2012. Highlights of the report follow.
- As currently structured, the EIAP has not provided enough incentives to curtail the ongoing declines in the Dominican Republic's production of woven cotton bottoms and exports.
- Although U.S. exports of cotton bottom-weight fabrics grew in 2011, the rate of growth slowed significantly from the first two years of the program.
- The USITC received several recommendations from industry and other sources concerning improvements to the EIAP. The recommendations were the same as those offered during the first and second annual reviews. They included lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; including other types of fabrics and apparel items in the EIAP; and changing the requirement that dyeing, finishing, and printing of eligible fabrics take place in the United States.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Third Annual Review (Investigation No. 332-503, USITC Publication 4340, July 2012) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4340.pdf. A CD-ROM of the report may be requested by e-mailing 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 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 Senate Committee on Finance, or the House Committee on Ways and Means. 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 investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.