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News Release 15-019
Inv. No(s). 337-TA-948
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toy figurines and toy sets containing the same.
The investigation is based on a complaint filed by LEGO A/S and LEGO System A/S, both of Billund, Denmark, and LEGO Systems, Inc., of Enfield, CT, on February 6, 2015 and a letter supplementing the complaint, filed on February 19, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toy figurines and toy sets containing the same that infringe patents and copyrights asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
LaRose Industries LLC d/b/a CRA-Z-ART of Randolph, NJ;
MEGO Brands Inc. of Montreal, Quebec, Canada; and
Best-Lock Construction Toys, Inc., of Miami, FL.
By instituting this investigation (337-TA-948), 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 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.
Bulletin 15-007
Inv. No(s). 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
BULLETIN
The U.S. International Trade Commission has made affirmative determinations in its preliminary phase antidumping and countervailing duty investigations concerning Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal.
Note to Users: This bulletin will be replaced by the news release when the release is available. News releases are generally issued approximately three hours after a Commission vote.
News Release 15-016
Inv. No(s). 337-TA-947
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light emitting diode products and components thereof. The products at issue in the investigation are LED products, such as LED bulbs, and other LED products and components of those products including LED chips and chip packages.
The investigation is based on a complaint filed by Cree, Inc., of Durham, NC, on January 12, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light emitting diode products and components thereof that infringe patents asserted by Cree. The complaint also alleges false advertising of certain of the accused products in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1225(a). 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:
Feit Electric Company, Inc., of Pico Rivera, CA;
Feit Electric Company, Inc., of Xiamen, China;
Unity Opto Technology Co., Ltd., of New Taipei City, Taiwan; and
Unity Microelectronics, Inc., of Plano, TX.
By instituting this investigation (337-TA-947), 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 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.
Inv. No(s). 704-TA-1 and 734-TA-1 (Review)
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
News Release 14-090
Inv. No(s). 337-TA-929
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain beverage brewing capsules, components thereof, and products containing the same. The products at issue in this investigation are individual capsules used in consumer machines for brewing or making beverages such as coffee and tea.
The investigation is based on a complaint filed by Adrian Rivera of Whittier, CA, and ARM Enterprises, Inc., of Santa Fe Springs, CA, on August 4, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Solofill LLC of Houston, TX;
DonGuan Hai Rui Precision Mould Co., Ltd., of Dong Guan City,
GuangDong Province, China;
Eko Brands, LLC, of Woodinville, WA;
Evermuch Technology Co., Ltd., of Shatin, New Territories, Hong Kong;
Ever Much Company Ltd. of Shenzhen, China;
Melitta USA, Inc., of North Clearwater, FL;
LBP Mfg. Inc. of Cicero, IL;
LBP Packaging (Shenzhen) Co. Ltd. of Baoan District Shenzhen, Guangdon, China;
Spark Innovators, Corp., Fairfield, NJ;
B. Marlboros International Ltd. (HK) of Kowloon Bay, Hong Kong; and
Amazon.com, Inc., of Seattle, WA.
By instituting this investigation (337-TA-929), 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 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 14-091
Inv. No(s). 731-TA-1012 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on certain frozen fish fillets from Vietnam (Inv. No. 731-TA-1012 (Second Review)).
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.
All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission's 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 "frozen fish fillets" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
News Release 14-092
Contact: Peg O'Laughlin, 202-205-1819
Meredith M. Broadbent, Chairman of the United States International Trade Commission (USITC), announced today that Keith Hall has been named Chief Economist and Director, Office of Economics, at the USITC.
Hall will serve as the Commission's chief economic adviser; direct the agency's professional economists; and support the Commission in its role as adviser to Congress and the President on international trade matters.
Hall brings to the position a broad range of government and academic experience as well as recognized expertise in economic modeling, statistical methods, and economic data.
"The Commission joins me in welcoming Keith Hall back to the USITC, where he will build on contributions he has already made to our methodologies for estimating the effects of trade policy on the U.S. economy, productivity, and employment," said Chairman Meredith M. Broadbent.
Hall served as Commissioner of the U.S. Department of Labor's Bureau of Labor Statistics from 2008-2012. From 2005-2008, Hall was the Chief Economist of the White House Council of Economic Advisers. From 2002-2005, Hall served as the Chief Economist for both the U.S. Department of Commerce and the Economics and Statistics Administration.
Hall spent 10 years at the USITC earlier in his career. He was a visiting scholar in the Office of Economics from 1991-1992. From 1993-2001, he served as Chief of the Applied Economics Division, and he became a Senior International Economist at the USITC in 2001.
Hall comes to the USITC from a position as a Senior Research Fellow at the Mercatus Center at George Mason University (GMU). He has also held positions as an adjunct professor at GMU's School of Public Policy, Georgetown University's Department of Economics, and George Washington University's Department of Economics; as an adjunct associate professor at American University's Department of Economics; as an assistant professor in the University of Arkansas' Department of Economics and the University of Missouri's Department of Economics; and as a graduate instructor at Purdue University's Krannert Graduate School of Management.
Hall holds a Ph.D. in Economics from Purdue University, a Master of Science degree in Economics from Purdue University, and a Bachelor of Arts degree in Economics and Psychology from the University of Virginia.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial 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 in import trade, such as patent and trademark infringement.
News Release 14-093
Inv. No(s). 332-540
Contact: Peg O'Laughlin, 202-205-1819
Digital trade -- domestic commerce and international trade conducted via the Internet -- has far-reaching effects on the U.S. economy that have fundamentally transformed many aspects of the ways businesses operate and interact with one another, reports the U.S. International Trade Commission (USITC) in its publication Digital Trade in the U.S. and Global Economies, Part 2.
The USITC, an independent, nonpartisan, factfinding federal agency, completed the report at the request of the U.S. Senate Committee on Finance.
As requested, Digital Trade in the U.S. and Global Economies, Part 2 provides information on the value of U.S. digital trade and the potential growth of this trade, and it provides insight into the broader linkages and contributions of digital trade to the U.S. economy. The report includes a survey of U.S. firms in industries particularly involved in digital trade (digitally intensive firms), examines the effects of notable barriers and impediments to digital trade, and presents case studies that examine the importance of digital trade to selected U.S. industries. Report highlights follow.
- The combined effects of enhanced productivity and lower international trade costs in digitally intensive industries due to digital trade likely resulted in an estimated $517.1 billion to $710.7 billion increase (a 3.4 percent to 4.8 percent increase) in U.S. gross domestic product (GDP). U.S. real wages were likely higher by 4.5 percent to 5.0 percent, and the effect on U.S. total employment ranged from no change to an increase of 2.4 million full-time equivalents (FTEs), depending on how workers and employers responded to rising wages. If the effects of enhanced productivity and lower trade costs in non-digitally intensive sectors were also quantified, the economy-wide estimates would likely be larger. [Read More]
- U.S. digitally intensive firms sold $935.2 billion in products and services and purchased $471.4 billion in products and services over the Internet. Most products and services firms sold or purchased online in 2012 were delivered physically or in person -- not digitally. [Read More]
- Online sales by digitally intensive small and medium-sized enterprises (SMEs) were $227.1 billion, or about one-fourth of total online sales, and online purchases by SMEs were $162.2 billion, or about one-third of total online purchases. Sales and purchases by both SMEs and large firms are more likely to have been delivered physically or in person than digitally delivered. [Read More]
- The Commission's survey of U.S. digitally intensive firms found that internal communications and online ordering of products and services are the leading ways firms use the Internet. [Read More]
- Survey estimates also showed that losing access to the Internet would reduce productivity by 15 percent or more for more than 40 percent of firms in digitally intensive industries. Business-to-business communications ranked as the largest contributor to the productivity benefits of the Internet; selling online products or services was tied with ordering online products or services as the second largest. [Read More]
- Online international trade is a relatively small component of U.S. exports and imports of both digitally and physically delivered products and services. Digitally intensive firms exported $222.9 billion and imported $106.2 billion in products and services ordered online in 2012. Most exports and imports ordered online are delivered physically or in person -- not digitally. [Read More]
- Localization requirements, market access limits, data privacy and protection requirements, intellectual property rights infringement, uncertain legal liability rules, and customs measures in other countries present obstacles to international digital trade by U.S. digitally intensive firms. According to survey results, the removal of foreign barriers to digital trade would boost U.S. sales abroad, although not all sectors would benefit equally. [Read More]
- The removal of foreign barriers to digital trade in digitally intensive industries would likely result in an estimated $16.7 billion to $41.4 billion increase (a 0.1 percent to 0.3 percent increase) in U.S. GDP. U.S. real wages would likely be 0.7 percent to 1.4 percent higher, and the effect on U.S. total employment would range from no change to an increase of 0.4 million FTEs. [Read More]
- The report features 10 case studies that highlight the importance of digital trade to selected U.S. businesses. They describe how Internet-based economic activity has created new or improved business opportunities, and sometimes disrupted older business models; how companies and consumers use the massive amounts of data currently available over the Internet to develop innovative products and services and to enhance productivity; and the impact of the Internet and international digital trade on global competitiveness, including from the perspective of SMEs. [Read More]
Digital Trade in the U.S. and Global Economies, Part 2 (Inv. No. 332-540, USITC publication 4485, August 2014) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4485.pdf.
The report is the second of two requested by the Committee. The first report, Digital Trade in the U.S. and Global Economies, Part 1, was delivered in July 2013. That report laid the groundwork for the second report by providing an overview of trends in U.S. digital trade, describing the ways digital trade facilitates trade in other sectors, and setting out potential approaches for estimating the economic impact of digital trade on the U.S. economy. The first report also examined available information on international digital trade, including notable barriers and impediments to such trade.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the USITC's objective findings and independent analyses on the subject investigated. The USITC makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 14-094
Inv. No(s). 337-TA-930
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain laser abraded denim garments. The products at issue in this investigation are denim garments, including jeans and leggings, that have been abraded with a laser to apply designs or to simulate wear.
The investigation is based on a complaint filed by RevoLaze, LLC, and TechnoLines, LLC, both of Westlake, OH, on August 18, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain laser abraded denim garments that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Abercrombie & Fitch Co. of New Albany, OH;
American Eagle Outfitters, Inc., of Pittsburgh, PA;
BBC Apparel Group, LLC, of New York, NY;
Gotham Licensing Group, LLC, of New York, NY;
The Buckle, Inc., of Kearney, NE;
Buffalo International ULC of Montreal, Quebec, Canada;
1724982 Alberta ULC of Montreal, Quebec, Canada;
Diesel S.p.A. of Breganze (VI), Italy;
DL1961 Premium Denim Inc. of New York, NY;
Eddie Bauer LLC of Bellevue, WA;
The Gap, Inc., of San Francisco, CA;
Guess?, Inc., of Los Angeles, CA;
H&M Hennes & Mauritz AB of Stockholm, Sweden;
H&M Hennes & Mauritz LP of New York, NY;
Roberto Cavalli S.p.A. of Milan, Italy;
Koos Manufacturing, Inc., of South Gate, CA;
Levi Strauss & Co. of San Francisco, CA;
Lucky Brand Dungarees, Inc., of Los Angeles, CA;
Fashion Box S.p.A. of Asolo (Treviso), Italy; and
VF Corporation of Greensboro, NC.
By instituting this investigation (337-TA-930), 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 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 14-096
Inv. No(s). 337-TA-931
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic storage tapes and cartridges containing the same. The products at issue in this investigation are magnetic tapes used in archival or long-term data storage.
The investigation is based on a complaint filed by Advanced Research Corporation of White Bear Lake, MN, on August 22, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain magnetic storage tapes and cartridges containing the same that infringe patents asserted by the complainant. 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:
International Business Machines Corp. of Armonk, NY;
Fujifilm Holdings Corporation of Tokyo, Japan;
Fujifilm Corporation of Tokyo, Japan; and
Oracle Corporation of Redwood Shores, CA.
By instituting this investigation (337-TA-931), 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 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.