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News Release 13-103
Inv. No(s). 337-TA-897
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optical disc drives, components thereof, and products containing the same. The products at issue in this investigation are certain optical disc drives for products such as desktop and laptop computers, computer storage devices, network attached storage devices, DVD and Blu-ray players/recorders, CD players, televisions, console gaming systems, and servers, and components of the drives (for example, integrated circuits and chipsets), and products containing such drives and/or components.
The investigation is based on a complaint filed by Optical Devices, LLC, of Peterborough, NH, on September 3, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optical disc drives, components thereof, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Lenovo Group Ltd., of Quarry Bay, Hong Kong;
Lenovo (United States) Inc., of Morrisville, NC;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A. Inc., of Englewood Cliffs, NJ;
Nintendo Co., Ltd., of Kyoto, Japan;
Nintendo of America, Inc., of Redmond, WA;
Panasonic Corp., of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Toshiba Corporation, of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
MediaTek, Inc., of Hsinchu City, Taiwan; and
MediaTek USA Inc., of San Jose, CA.
By instituting this investigation (337-TA-897), 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 13-104
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Margaret D. Macdonald has joined the USITC as the Director of the Office of Unfair Import Investigations (OUII).
Macdonald will direct OUII attorneys and staff and manage the office's role in the agency's section 337 investigations, which involve allegations of unfair methods of competition and unfair acts in import trade. The majority of cases brought under this law involve allegations of infringement of intellectual property rights, primarily patent rights. OUII conducts pre-institution review of complaints, advises the Commission on institution of investigations, and participates (when appropriate) as a party to the proceedings.
Prior to joining the USITC, Macdonald was a partner at the Washington, DC, law firm of Perkins Coie LLP, where she represented clients in intellectual property matters in U.S. District Court and at the USITC. She worked at Howrey LLP in Washington, DC, from 1996 to 2011, where she became a partner in 2005 in the firm's Intellectual Property practice. Throughout her career, Macdonald has represented clients in intellectual property matters in U.S. District Court and before the USITC, and she has worked with government attorneys at U.S. Customs and Border Protection on enforcement issues related to USITC remedial orders in section 337 investigations.
Macdonald holds a bachelor of arts degree in political science from Trinity College in Hartford, CT; a master of arts degree from the School of International Service at the American University in Washington, DC; and a juris doctor degree from the Washington College of Law at The American University.
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 13-105
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Dominic L. Bianchi has been named General Counsel of the USITC.
As General Counsel, Bianchi will serve as the USITC's chief legal advisor. The General Counsel and the other attorneys in that office provide legal advice and support to the Commissioners and USITC staff on investigations and research studies. They also represent the USITC in all litigation involving its determinations and activities as well as providing assistance and advice on general administrative matters, including labor relations, personnel, and procurement.
Prior to his appointment, Bianchi has served in several roles in the agency, including Acting General Counsel, Chief of Staff under Chairman Deanna Tanner Okun, and Congressional Relations Officer. Prior to joining the USITC, Bianchi served Ambassadors Michael Kantor and Charlene Barshefsky at the Office of the U.S. Trade Representative (USTR) as a congressional affairs specialist, policy advisor, and as the Assistant USTR for Intergovernmental and Public Liaison (acting). He also has practiced trade law in private practice.
Bianchi holds a juris doctor degree from Georgetown University Law Center and a bachelor of science degree from Northwestern University.
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 13-108
Inv. No(s). 701-TA-490 and 731-TA-1204 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of hardwood plywood from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the negative. Commissioner F. Scott Kieff did not participate in these investigations.
As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued.
The Commission's public report Hardwood Plywood from China (Investigation Nos. 701-TA- 490 and 731-TA-1204 (Final), USITC Publication 4434, November 2013) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after December 16, 2013, 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.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Hardwood and Decorative Plywood from China
Investigation Nos. 701-TA-490 and 731-TA-1204 (Final)
Product Description: Hardwood and decorative plywood (hardwood plywood) is a wood panel product made from gluing two or more layers of wood veneer to a core. The core is composed of veneers or other type of wood material such as medium density fiberboard (MDF), particleboard, lumber, or oriented strand board (OSB). The outer ply or face veneer is typically the identifying species for the hardwood plywood product and is the side of the product that will be visible in most uses. The subject product is typically made using hardwood species (e.g., oak, birch, maple, and poplar), but may also be made from softwood species or bamboo. Hardwood plywood is generally used in the manufacturing of furniture, cabinetry, wall paneling, and similar products. The product is typically used in interior applications, although some hardwood plywood is made specifically for marine applications. Specifically excluded from the subject product scope is structural plywood, plywood made with cork faces or backs, multilayered wood flooring manufactured subject to a CVD/AD order, plywood with a shape or design other than a flat panel, and plywood made entirely from bamboo and adhesives.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: The Coalition for Fair Trade of Hardwood Plywood and its individual
members: Columbia Forest Products, Greensboro, NC; Commonwealth Plywood Co.,
Ltd., Whitehall, NY; Murphy Plywood, Eugene, OR; Roseburg Forest Products Co.,
Roseburg, OR; States Industries LLC, Eugene, OR; and Timber Products Company,
Springfield, OR.
3. Investigation instituted by USITC: September 27, 2012.
4. USITC hearing: September 19, 2013.
5. USITC vote: November 5, 2013.
6. USITC views to the U.S. Department of Commerce: November 25, 2013.
U.S. Industry:
1. Number of U.S. producers in 2013: 8 responding.
2. Location of producers' plants: Arkansas, Illinois, Mississippi, New York, North Carolina,
Oregon, South Carolina, Virginia, and West Virginia.
3. Employment of production and related workers in 2012: 1,868.
4. U.S. producers' U.S. shipments in 2012: 642.2 million square feet.
5. Apparent U.S. consumption in 2012: 3,489.8 million square feet.
6. Ratio of subject imports to apparent U.S. consumption in 2012: 47.9 percent
U.S. Imports in 2012:
1. From the subject country during 2012: $829.0 million.
2. From other countries during 2012: $677.2 million.
3. Leading sources during 2012: China, Russia, Indonesia, and Canada (in terms of total value).
News Release 13-109
Inv. No(s). 337-TA-898
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain marine sonar imaging devices, products containing the same, and components thereof. The products at issue in this investigation are sonar devices that use one or more transducers to provide high resolution images of the area beneath a watercraft and, in some cases, to locate fish over a wider area.
The investigation is based on a complaint filed by Navico, Inc. of Tulsa, OK, and Navico Holding AS of Egersund, Norway, on September 20, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain marine sonar imaging devices, products containing the same, and components thereof that infringe patents 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:
Raymarine, Inc., of Nashua, NH;
Raymarine UK Ltd. of Fareham, United Kingdom; and
In-Tech Electronics Ltd. of Kwun Tong, Kowloon, Hong Kong.
By instituting this investigation (337-TA-898), 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 13-110
Inv. No(s). 337-TA-899
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vision-based driver assistance system cameras and components thereof. The products at issue in this investigation are camera devices and components for driver assistance systems.
The investigation is based on a complaint filed by TRW Automotive U.S. LLC of Livonia, MI, on September 20, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain vision-based driver assistance system cameras and components thereof that infringe patents asserted by TRW. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Magna Electronics, Inc., of East Lansing, MI, as the respondent in this investigation.
By instituting this investigation (337-TA-899), 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 13-112
Inv. No(s). 337-TA-900
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain navigation products, including GPS devices, navigation and display systems, radar systems, navigational aids, mapping systems, and related software. The products at issue in this investigation include GPS and radar systems for aviation, marine, and on-road vehicle navigation.
The investigation is based on a complaint filed by Furuno Electric Co. Ltd. of Hyogo, Japan, and Furuno U.S.A., Inc., of Camas, WA, on September 23, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain navigation products, including GPS devices, navigation and display systems, radar systems, navigational aids, mapping systems, and related software that infringe patents 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:
Garmin Ltd. of Schaffhausen, Switzerland;
Garmin International, Inc., of Olathe, KS;
Garmin North America, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS;
Navico Holding AS of Egersund, Norway;
Navico UK Limited of Romsey Hampshire, United Kingdom;
Navico Inc. of Tulsa, OK;
Raymarine, Inc., of Nashua, NH; and
Raymarine UK Ltd. of Fareham, United Kingdom.
By instituting this investigation (337-TA-900), 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 13-113
Inv. No(s). 337-TA-901
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain handheld magnifiers and products containing same. The products at issue in this investigation are handheld magnifiers used by low vision users and others to enlarge materials for easier viewing or reading.
The investigation is based on a complaint filed by Freedom Scientific, Inc., of St. Petersburg, FL, on September 26, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain handheld magnifiers and products containing same that infringe patents asserted by Freedom Scientific. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Aumed Group Corp. of Beijing, China; and
Aumed Inc. of San Carlos, CA.
By instituting this investigation (337-TA-901), 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 13-115
Inv. No(s). 332-542, 332-544, 332-545, 332-546
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched four investigations to examine the impact that the African Growth and Opportunity Act (AGOA) trade preference program has had on the economies of sub-Saharan Africa and identify factors that have impacted trade, investment, and the economic climate of the region.
The investigations were requested by the U.S. Trade Representative (USTR) in a letter received on October 17, 2013. In the request letter, the USTR noted that the Administration is working with its partners in the region and the Congress to renew and potentially modify AGOA, which entered into force on October 1, 2000.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will conduct four investigations and provide four reports to the USTR. One report will be a public report, and three reports will be confidential.
- The first investigation, AGOA: Trade and Investment Performance Overview, will assess the impact AGOA has had on the economies of sub-Saharan Africa and identify factors that have impacted the trade, investment, and the economic climate of the region. In this report, the USITC will address AGOA trade performance, utilization, and competitiveness factors; AGOA's effect on the business and investment climate in sub-Saharan Africa; and the relationship between current or potential sub-Saharan African reciprocal trade agreements and the objectives of AGOA. This report will be submitted to USTR on April 17, 2014, and will be released to the public soon thereafter.
- The second investigation, AGOA: Economic Effects of Providing Duty-Free Treatment for Imports, will assess the economic effects of providing duty-free treatment for AGOA imports on U.S. industries and consumers. This report will be confidential and will be delivered to USTR on April 17, 2014.
- The third investigation, U.S. AGOA Rules of Origin: Possible Changes to Promote Regional Integration and Increase Exports to the United States, will identify possible changes to the rules of origin under AGOA with the potential to increase exports from AGOA-eligible countries. This report will be confidential and will be delivered to USTR on April 30, 2014.
- The fourth investigation, EU-South Africa FTA: Impact on U.S. Exports to South Africa, will assess the impact of the EU-South Africa free trade agreement on U.S. exports to South Africa. This report will be confidential and will be delivered to USTR on April 17, 2014.
The USITC will hold one public hearing in connection with the four investigations on January 14, 2014. Requests to appear at the hearing should be filed no later than 5:15 p.m. on December 13, 2013, 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 for all four investigations. 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 January 21, 2014. 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 investigations, dated November 13, 2013, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or 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 Representatives, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commissions' objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 13-120
Inv. No(s). 337-TA-902
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain windshield wipers and components thereof. The products at issue in this investigation are windshield wipers commonly known in the automobile industry as "flat blades" or "beam blades," and components thereof.
The investigation is based on a complaint filed by Trico Products Corporation of Rochester Hills, MI, on October 21, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain windshield wipers and components thereof that infringe patents asserted by Trico. 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:
Federal-Mogul Corporation of Southfield, MI; and
Federal Mogul S.A. of Aubange, Belgium.
By instituting this investigation (337-TA-902), 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.