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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS
Certain Freight Rail Couplers and Parts Thereof from Mexico
Investigation No. 731-TA-1593 (Final)

Product Description: Certain freight rail couplers and parts thereof ("FRCs") are metal structures used to connect freight rail cars together. FRCs are comprised of two main metal components: knuckles and coupler bodies; in addition to ancillary parts (e.g., coupler locks, coupler lock lifters, knuckle pins, knuckle throwers, and rotors). Knuckles are typically metal castings in the shape of a hook that pivot on a vertical hinge between a "locked" and an "unlocked" position to allow for interlocking with knuckles of adjacent FRCs. Coupler bodies are a metal casting that hold the knuckle and allow it to pivot. FRCs are designed to connect two freight cars together by automatically interlocking the knuckles of both freight rail coupler systems when the freight cars are pushed together.

Status of Proceedings:

1. Type of investigation:  Antidumping duty investigation.¹
2. Petitioners: McConway and Torley, LLC, Pittsburgh, Pennsylvania; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.
3. USITC Institution Date:  Wednesday, September 28, 2022.
4. USITC Hearing Date:  Thursday, May 18, 2023.
5. USITC Vote Date:  Tuesday, October 24, 2023.
6. USITC Notification to Commerce Date:  Monday, November 06, 2023.

U.S. Industry in 2022:

1. Number of U.S. producers:  2.
2. Location of producers’ plants:  Illinois and Pennsylvania.
3. Production and related workers:  ²
4. U.S. producers’ U.S. shipments:  ²
5. Apparent U.S. consumption:  ²
6. Ratio of subject imports to apparent U.S. consumption:  ²

U.S. Imports in 2022:

1. Subject imports:  ²
2. Nonsubject imports:  ²
3. Leading import sources:  China and Mexico.

Mexico

Mexico

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Changes in 2019 from 2018: 

• Read more about Mexico

The U.S. International Trade Commission (USITC) has instituted an investigation to assess the likely impact of a trade agreement that the President has announced he intends to enter into with Mexico and Canada.

The investigation, United States-Mexico-Canada Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors, was requested by the U.S. Trade Representative in a letter received on August 31, 2018.

The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 requires the USITC to prepare a report that assesses the likely impact of the Agreement on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers.  The USITC’s report, which will be public, is due to the President and the Congress no more than 105 days after the President signs the Agreement, which he can do 90 days after he notifies Congress of his intent to do so.  The President notified Congress on August 31, 2018, of his intent to enter into the Agreement.

The USITC will hold a public hearing in connection with the investigation beginning at 9:30 a.m. on November 15, 2018.  Requests to appear at the hearing should be filed no later than 5:15 p.m. on October 29, 2018, 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 December 20, 2018.  All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigation and the procedures for written submissions is available in the USITC’s notice of investigation, dated October 12, 2018, which can be obtained from the USITC web site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or 202-205-2000.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on certain magnesia carbon bricks from China and Mexico 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 determinations, the existing antidumping and countervailing duty orders on imports of these products from China and Mexico will remain in place. 

All six Commissioners voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Certain Magnesia Carbon Bricks from China and Mexico (Inv. Nos. 701-TA-468 and 731-TA-1166-1167 (Review), USITC Publication 4589, January 2016) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 5, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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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 Certain Magnesia Carbon Bricks from China and Mexico were instituted on August 3, 2015.

On November 6, 2015, the Commission voted to conduct expedited reviews.  All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.

A record of the Commission’s vote to conduct expedited 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.

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on seamless refined copper pipe and tube from China and Mexico.

As a result of this vote, 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.

All six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews.

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 "seamless refined copper pipe and tube" 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.

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the countervailing duty order on magnesia carbon bricks from China and the antidumping duty orders on imports of this product from China and Mexico.

As a result of these votes, the Commission will conduct expedited 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.

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 these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.

A record of the Commission’s votes on these matters is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC  20436.  Requests may be made by telephone by calling 202-205-1802.

The record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.  From this page, search "magnesia carbon bricks" 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 these reviews.  The Commission will issue a report after it completes its reviews.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of sugar from Mexico that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC’s affirmative determinations, suspension agreements that Commerce previously entered concerning sugar from Mexico will remain in effect. 

The Commission’s public report Sugar from Mexico (Investigation Nos. 701-TA-513 and 731-TA-1249 (Final), USITC Publication 4577, November 2015) will contain the views of the Commissioners and information developed during the investigations.

The report will be available by November 23, 2015; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Sugar from Mexico
Investigation Nos. 701-TA-513 and 731-TA-1249 (Final)

 

Product Description:  Sugar, or sucrose, is a natural sweetener derived from sugarcane and sugar beets. Sugar is primarily used for human consumption as a caloric sweetening agent in food and beverages such as bakery products, cereals, confectionery, dairy products, coffee, tea, and cocoa. The products covered by these investigations include sugar in raw, refined, and liquid forms, as well as organic sugar.

Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners:  American Sugar Coalition and its members:  American Sugar Cane League, Thibodaux, LA; American Sugarbeet Growers Association, Washington, DC; American Sugar Refining, Inc., West Palm Beach, FL; Florida Sugar Cane League, Washington, DC; Hawaiian Commercial and Sugar Company, Puunene, HI; Rio Grande Valley Sugar Growers, Inc., Santa Rosa, TX; Sugar Cane Growers Cooperative of Florida, Belle Glade, FL; and United States Beet Sugar Association, Washington, DC.
3. Investigation instituted by USITC: March 28, 2014.
4. USITC hearing: September 16, 2015.
5. USITC vote: October 20, 2015.
6. USITC notification to the Department of Commerce: November 2, 2015.

U.S. Industry:
1. Number of U.S. producers in 2014:  13 sugarcane millers; 7 sugarcane refiners; 7 sugar beet processors.
2. Location of producers’ plants:  California, Colorado, Florida, Hawaii, Idaho, Louisiana, Michigan, Minnesota, Montana, Nebraska, North Dakota, Texas, and Wyoming.
3. Employment of production and related workers in crop year 2013/14: ^{[1], [2]}
4. U.S. producers’ U.S. shipments in crop year 2013/14: ^{1, 2}
5. Apparent U.S. consumption in crop year 2013/14: ^{1, 2}
6. Ratio of subject imports to apparent U.S. consumption in crop year 2013/14: ^{1, 2}

U.S. Imports in Crop Year 2013/14:¹
1. From the subject country during crop year 2013/14: $945 million.¹
2. From other countries during crop year 2013/14: $490 million.¹
3. Leading sources during crop year 2013/14: Mexico, Brazil, Philippines, Dominican Republic, and Guatemala (in terms of total volume). ¹

The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.

Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.

As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect. 

All six Commissioners voted in the affirmative.    

The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§  1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI.   These are the first reviews that the Commission has conducted under sections 704(h) and 734(h).  Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.

Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations.  Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests. 

If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective.  If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.

The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.

The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

On January 21, 2015, the Commission issued a Notice of Institution (“Notice”) in the referenced reviews. 80 Fed. Reg. 3977 (Jan. 26, 2015). The Notice stated that the Commission would convene a proceeding on Thursday, February 19, 2015 at 9:30 a.m. at 500 E Street, SW, Washington, D.C. to receive oral presentations in these reviews. It also stated that the Commission would provide further information about the nature of that proceeding at a later date. This notice provides that information.

As an initial matter, these reviews are being conducted pursuant to sections 704(h) and 734(h) of the Tariff Act of 1930 (“the Act”) (19 U.S.C. §§ 1671c(h) and 1673c(h)). Because the focus of these reviews concerns whether the injurious effect of imports of the subject merchandise is eliminated completely by the suspension agreements at issue, presentations at the oral proceeding should focus on this inquiry. This inquiry is distinct from the analysis in the underlying antidumping and countervailing duty investigations.

Those desiring to participate at the oral proceeding should file an intent to participate in writing with the Secretary to the Commission no later than February 13, 2015 and should identify in that submission the names of the individuals who plan to participate at the proceeding. There will be two panels at the oral presentation: (1) parties in favor of the petitions filed under 704(h) and 734(h) of the Act and (2) parties opposed to these petitions. If any United States agency or agencies wish to participate, a third panel will be added consisting of these witnesses. Each panel will be allowed up to thirty minutes for its oral presentations of which it may reserve up to five minutes for rebuttal. Commissioners will ask questions of each panel after its presentation. Each participant shall limit its presentation to a summary of the information and arguments contained in the first written submissions, an analysis of the information and arguments contained in the first written submissions, and information appropriate to respond to information and arguments made in other parties’ submissions. Parties are not to otherwise present new factual information at the oral presentation but may have witnesses available to provide factual information in response to questions posed by the Commission. Presentations shall not include business proprietary information.

As indicated in the Notice, the record of these reviews will include the record from the Commission’s preliminary determinations concerning Sugar from Mexico. The Commission does not intend to place into the record information that it has collected in its final phase investigations because that information gathering process is not complete. As indicated in the Notice, parties may submit new factual information in the first written submission. Written submissions and testimony should not include any information submitted in the final phase investigations that a party has received pursuant to Administrative Protective Order or cite to any information from the record of the final phase investigations.

By order of the Commission.

Lisa R. Barton
Secretary to the Commission
Issued: February 4, 2015

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of sugar from Mexico that are allegedly subsidized and sold in the United States at less than fair value.

Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in these investigations.

As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determination due on or about June 23, 2014, and its antidumping duty determinations due on or about September 4, 2014.

The Commission's public report Sugar from Mexico (Investigation Nos. 701-TA-513 and 731- TA-1249 (Preliminary), USITC Publication 4467, May 2014) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 9, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date 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.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Sugar from Mexico
Investigation Nos. 701-TA-513 and 731-TA-1249 (Preliminary)

Product Description: Sugar, or sucrose, is a natural sweetener derived from sugarcane and sugar beets. Sugar is primarily used for human consumption as a caloric sweetening agent in food and beverages such as bakery products, cereals, confectionery, dairy products, coffee, tea, and cocoa. The products covered by these investigations include sugar in raw, refined, and liquid forms, including organic sugar.

Status of Proceedings:

1. Type of investigations:  Preliminary antidumping and countervailing duty.
2. Petitioners: American Sugar Cane League, Thibodaux, LA; American Sugarbeet Growers
      Association, Washington, DC; American Sugar Refining, Inc., West Palm Beach, FL;
      Florida Sugar Cane League, Washington, DC; Hawaiian Commercial and Sugar
      Company, Puunene, HI; Rio Grande Valley Sugar Growers, Inc., Santa Rosa, TX;
      Sugar Cane Growers Cooperative of Florida, Belle Glade, FL; and United States Beet
      Sugar Association, Washington, DC. 
3. Preliminary investigations instituted by the USITC: March 28, 2014.
4. Commission's conference: April 18, 2014.
5. USITC vote: May 9, 2014.
6. USITC determinations to the U.S. Department of Commerce: May 12, 2014.
7. USITC views to the U.S. Department of Commerce: May 19, 2014.

U.S. Industry:

1. Number of producers in 2013:  Thirteen sugarcane millers; six sugarcane refiners; seven
      sugar beet processors.
2. Location of producers' plants:  Sugarcane millers:  Hawaii, Florida, Louisiana, Texas;
      sugarcane refiners: California, Florida, Georgia, Louisiana, Maryland, New York;
      sugar beet processors:  California, Colorado, Idaho, Nebraska, North Dakota,
      Michigan, Minnesota, Montana, Wyoming.
3. Employment of production and related workers in 2012/13 (2), (1). 
4. Apparent U.S. consumption in 2012/13 (2): $7.7 billion
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2012/13 (2): 19.9 percent.

U.S. Imports:
1. From the subject countries during 2012/13 (2):  $1.0 billion.
2. From other countries during 2012/13 (2):  $ 497.8 million.
3. Leading sources during 2012/13 (2): Mexico, Brazil, Dominican Republic, Philippines,
      Guatemala (in terms of total value).

(1) Withheld to avoid disclosure of business proprietary information.
(2) October 2012 through September 2013.

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