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News Release 14-098
Inv. No(s). 332-542
Contact: Peg O'Laughlin, 202-205-1819
Andean Trade Preference Act (ATPA) imports during 2013 continued to have a negligible overall effect on the U.S. economy and consumers, reports the U.S. International Trade Commission (USITC) in its publication Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, 2013, Sixteenth Report.
ATPA requires the USITC, an independent, nonpartisan, factfinding federal agency, to submit biennial reports to the President and the Congress on the economic impact of the ATPA program on U.S. industries and consumers, and on the effectiveness of the program in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries.
ATPA preferential treatment expired on July 31, 2013. Ecuador is the sole remaining beneficiary country under the ATPA program. Peru and Colombia ceased to be beneficiary countries in 2010 and 2012, respectively, after entering into free trade agreements with the United States.
Since its enactment in 1991, ATPA has had a minimal economic impact on the U.S. economy as a whole and on the great majority of U.S. industries and consumers. This continued to be the case during 2013. If Congress extends the President's authority to provide preferential treatment under ATPA, and if the President continues to designate Ecuador as a beneficiary country, the probable future effect of ATPA on the overall U.S. economy and on U.S. industries is likely to be minimal, given the small share of imports from Ecuador in total U.S. imports.
The USITC estimates that the effect during 2012-13 of ATPA in reducing illicit coca cultivation and promoting crop substitution efforts in Ecuador continued to be small and mostly indirect, given that no significant coca cultivation exists in Ecuador.
Highlights of the report, which focuses on calendar year 2013, follow:
- U.S. imports of $2.6 billion from Ecuador under ATPA preferences during 2013 represented a minor share (0.11 percent) of the total value of U.S. merchandise imports from the world.
- Petroleum and petroleum products dominated the list of leading ATPA imports from Ecuador that benefited exclusively from ATPA, accounting for 92.8 percent of the value of the 20 leading items in 2013. The five leading items benefiting exclusively from ATPA in 2013 were heavy crude oil, fresh cut roses, tuna in airtight containers, light crude oil, and light oil mixtures.
- Duty-free entry of tuna in airtight containers and fresh cut roses from Ecuador provided the largest gains in U.S. consumer welfare. However, these two products also accountedfor the largest losses of U.S. tariff revenues from ATPA preferences.
- The potential relative displacement effect on U.S. producers was small for all 20 leading items analyzed. The analysis indicates that ATPA preferences did not result in a displacement of more than 5 percent of domestic production for any of the 20 ATPA-exclusive products imported from Ecuador.
Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, 2013, Sixteenth Report (Inv. No. 332-352, USITC Publication No. 4486, September 2014) will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4486.pdf. The publication will also be available at federal depository libraries in the United States.
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 Commission's objective findings and independent analyses on the subjects 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.
News Release 14-078
Inv. No(s). 337-TA-923
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain loom kits for creating linked articles. The products at issue in this investigation are children's hobby kits used to link together elastic bands to make articles such as bracelets.
The investigation is based on a complaint filed by Choon's Design Inc. of Wixom, MI, on July 1, 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 loom kits for creating linked articles that infringe a patent asserted by Choon's Design. The complainant requests 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:
Wangying of Jinhua, Zhejiang, China;
Island In The Sun LLC of Little Rock, AR;
Quality Innovations Inc. of Irwindale, CA;
Yiwu Mengwang Craft & Art Factory of Yiwu City, Zhejiang, China;
Shenzhen Xuncent Technology Co., Ltd., of Shenzhen, Guangdong, China;
Altatac Inc. of Los Angeles, CA;
My Imports USA LLC of Edison, NJ;
Jayfinn LLC of Gilbert, AZ;
Creative Kidstuff, LLC, of Minneapolis, MN;
Hongkong Haoguan Plastic Hardware Co., Limited, of Shenzhen, Guangdong, China;
Blinkee.com, LLC, of Fairfax, CA;
Eyyup Arga of Lodi, NJ; and
Itcoolnomore of Jinhua, Zhejiang, China.
By instituting this investigation (337-TA-923), 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 14-079
Inv. No(s). 731-TA-1013 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year ("sunset") review concerning the antidumping duty order on saccharin from China (Inv. No. 731-TA-1013 (Second Review)).
As a result of this vote, the Commission will conduct a full review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
All six Commissioners concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate, but that circumstances warranted a full review.
A record of the Commission's vote on this matter is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
The record of the Commission's 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 "saccharin" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its review.
News Release 14-080
Inv. No(s). 701-TA-498 and 731-TA-1213 (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 certain steel threaded rod from India that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and F. Scott Kieff voted in the negative. Commissioner Rhonda K. Schmidtlein did not participate in these investigations.
As a result of the USITC's negative determinations, no antidumping and countervailing duty orders will be issued.
The Commission's public report Certain Steel Threaded Rod from India (Investigation Nos. 701- TA-498 and 731-TA-1213 (Final), USITC Publication 4487, August 2014) will contain the views of the Commissioners and information developed during the investigations.
The report will be available after September 8, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Steel Threaded Rod from India
Investigation Nos. 701-TA-498 and 731-TA-1213 (Final)
Product Description: Certain steel threaded rod is carbon quality steel rod threaded along greater than 25 percent of its length, with a solid, circular cross section, of any diameter, in any straight length, and is forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished. This product is primarily used in commercial construction applications to suspend support systems for electrical conduit, pipes for plumbing, HVAC ductwork, sprinkler systems, etc. Normally, one end of the threaded rod is fastened to the ceiling and the other end is fastened to the support that is holding the pipes or ductwork or sprinkler.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping.
2. Petitioners: All America Threaded Products, Inc., Denver, CO; Bay Standard
Manufacturing, Inc., Brentwood, CA; and Vulcan Threaded Products, Inc., Pelham,
AL.
3. Investigation instituted by USITC: June 27, 2013.
4. USITC hearing: March 20, 2014.
5. USITC vote: August 6, 2014.
6. USITC notification of Department of Commerce: August 18, 2014.
U.S. Industry:
1. Number of U.S. producers in 2013: 5.
2. Location of producers' plants: Alabama, California, Colorado, Indiana, Ohio,
Pennsylvania, and Texas.
3. Employment of production and related workers in 2013: (1)
4. U.S. producers' U.S. shipments in 2013: (1)
5. Apparent U.S. consumption in 2013: (1)
6. Ratio of subject imports to apparent U.S. consumption in 2013: (1)
U.S. Imports in 2013:
1. From the subject countries during 2013: India $14.2 million, Thailand $10.5 million.
2. From other countries during 2013: $29.6 million.
3. Leading sources during 2013: China, India, and Thailand (in terms of total value).
(1) Withheld to avoid disclosure of business proprietary information.
News Release 14-081
Inv. No(s). 337-TA-924
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light reflectors and components, packaging, and related advertising thereof. The products at issue in this investigation are light reflectors used in indoor and greenhouse gardening.
The investigation is based on a complaint filed by Sunlight Supply, Inc., of Vancouver, WA, and IP Holdings, LLC, of Vancouver, WA, on June 20, 2014. An amended complaint was filed on July 11, 2014. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 by reason of the importation into the United States and sale of certain light reflectors and components, packaging, and related advertising thereof that infringe patents and registered U.S. trademarks asserted by the complainants, and by reason of false advertising. 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:
Sinowell (Shanghai) Co., Ltd., of Shanghai, China;
Sinohydro Ltd. of Hong Kong, China;
Groco Enterprises, LLC, of Bellevue, WA;
Good Nature Garden Supply of Sacramento, CA;
Aqua Serene, Inc., of Eugene, OR;
Aurora Innovations, Inc., of Eugene, OR;
Big Daddy Garden Supply, Inc., of Ukiah, CA;
Bizright, LLC, of City of Industry, CA;
The Hydro Source II, Inc., of Santa Fe Springs, CA;
Insun, LLC, of Bellevue, WA;
Lumz'N Blooms, Ltd. Corp. of Apopka, FL;
Parlux LP of Snohomish, WA;
Silversun, Inc., of Gig Harbor, WA; and
Zimbali Group, Inc., of Bellevue, WA.
By instituting this investigation (337-TA-923), 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 14-082
Inv. No(s). 337-TA-925
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain communications or computing devices and components thereof. The products at issue in this investigation include smartphones, tablet computers, media players, laptop computers, and other communication and computing-capable consumer electronic devices.
The investigation is based on a complaint filed by Enterprise Systems Technologies, S.a.r.l., of Luxembourg on July 16, 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 communications or computing devices and components thereof that infringe patents asserted by the complainant. 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:
Apple Inc. of Cupertino, CA;
Cirrus Logic Inc. of Austin, TX;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, L.L.C., of Richardson, TX.
By instituting this investigation (337-TA-925), 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 14-084
Inv. No(s). 337-TA-926
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 systems, products containing the same, and components thereof. The products at issue in this investigation are side-scan, sonar imaging systems-typically referred to as "fishfinders."
The investigation is based on a complaint filed by Johnson Outdoors Inc. of Racine, WI, and Johnson Outdoors Marine Electronics, Inc., of Eufaula, AL, on July 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 marine sonar imaging systems, 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:
Garmin International, Inc., of Olathe, KS;
Garmin North America, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS; and
Garmin Corporation of New Taipei City, Taiwan.
By instituting this investigation (337-TA-926), 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 14-084
Inv. No(s). 1205-11
Contact: Peg O'Laughlin, 202-205-1819
International customs officials at the World Customs Organization (WCO) have agreed on 234 changes to the global system that categorizes products that are imported and exported around the world, and countries are beginning their individual processes to incorporate those changes into their own domestic product category systems.
The U.S. International Trade Commission (USITC) is the federal agency charged with maintaining and updating the United States' product category system, the U.S. Harmonized Tariff Schedule (HTS). The USITC today instituted an investigation that will lead to recommendations to the President on necessary modifications to the U.S. HTS.
The U.S. and other countries have until January 1, 2017, to incorporate the changes, but much work lies ahead, according to Jim Holbein, director of the USITC office that maintains the HTS.
"The first step for importers and exporters is to become aware of the changes being made at the international level," Holbein said. "If they believe they will be affected, they will want to stay on top of the process as it moves forward."
The USITC has posted the WCO document outlining the changes on its website at: http://www.usitc.gov/tariff_affairs/WCORecommendationofJune272014.pdf.
USITC nomenclature analysts are analyzing the WCO document, and the Commission expects to issue proposed recommendations on changes to the HTS in December 2014. At that time, the USITC will seek public comments on the proposed recommendations. Detailed information on how to submit comments and related deadlines will be provided at that time.
The USITC will consider all public comments, as well as comments from other U.S. agencies, in making its recommendations. The recommendations will be submitted to the President (through the U.S. Trade Representative) by July 2015. Following expiration of a 60-day layover period before the Congress, the President may proclaim the modifications to the HTS.
More information about the USITC investigation can be found in the notice of investigation dated August 20, 2014.
News Release 14-086
Inv. No(s). 731-TA-1225 (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 ferrosilicon from Venezuela that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
All six Commissioners voted in the negative.
As a result of the USITC's negative determination, no antidumping duty order will be issued.
The Commission's public report Ferrosilicon from Venezuela (Investigation No. 731-TA-1225 (Final), USITC Publication 4490, September 2014) will contain the views of the Commissioners and information developed during the investigation.
The report will be available after September 30, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_log list.asp.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Ferrosilicon from Venezuela
Investigation No. 731-TA-1225 (Final)
Product Description: The merchandise covered by these investigations is all forms and sizes of ferrosilicon, regardless of grade, including ferrosilicon briquettes. Ferrosilicon is a ferroalloy containing by weight 4 percent or more iron, more than 8 percent but not more than 96 percent silicon, 3 percent or less phosphorus, 30 percent or less manganese, less than 3 percent magnesium, and 10 percent or less any other element. The merchandise covered also includes product described as slag, if the product meets these specifications.
Status of Proceedings:
1. Type of investigations: Final antidumping.
2. Petitioners: Globe Specialty Metals, Inc., New York, NY; CC
Metals and Alloys, LLC, Calvert City, KY; the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union
(USW); and the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America
(UAW).
3. Preliminary investigation instituted by the USITC: July 19, 2013.
4. USITC hearing: July 29, 2014.
5. USITC vote: August 26, 2014.
6. USITC determinations due: September 8, 2014.
7. Scheduled date for USITC views: September 8, 2014.
U.S. Industry:
1. Number of producers in 2013: Two.
2. Location of producers' plants: Alabama, Kentucky, and Ohio.
3. Employment of production and related workers in 2013: (1)
4. Apparent U.S. consumption in 2013: (1)
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2013: (1)
U.S. Imports:
1. From the subject country during 2013: $44.8 million.
2. From other countries during 2013: $270.0 million.
3. Principal sources during 2013, by value: Russia, China, Venezuela, Canada.
(1) Withheld to avoid disclosure of business proprietary information.
News Release 14-087
Inv. No(s). 337-TA-927
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain noise cancelling headphones and components thereof. The products at issue in this investigation are headphones for personal use with active noise-cancelling capabilities that are used to reduce unwanted ambient noise.
The investigation is based on a complaint filed by Bose Corporation of Framingham, MA, on July 25, 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 noise cancelling headphones and components thereof that infringe patents asserted by Bose. 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:
Beats Electronics, LLC, of Culver City, CA;
Beats Electronics International Ltd. of Dublin, Ireland;
Fugang Electronic (Dong Guan) Co., Ltd., of Dong-Guan, Guang Dong, China; and
PCH International Ltd. of Cork, Ireland.
By instituting this investigation (337-TA-927), 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.