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News Release 14-023
Inv. No(s). 701-TA-455 and 731-TA-1149 (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") reviews concerning the antidumping and countervailing duty orders on circular welded carbon quality steel line pipe from China (Inv. Nos. 701-TA-455 and 731-TA-1149 (Review)).
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.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews. Commissioner Shara L. Aranoff did not participate in these adequacy determinations.
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 "steel line pipe" 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.
News Release 14-025
Inv. No(s). 337-TA-911
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium silicate materials and products containing the same. The products at issue in this investigation are lithium silicate materials that can be processed and converted into dental-restorative products, such as crowns, inlays, onlays, and bridges.
The investigation is based on a complaint filed by Ivoclar Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc., of Amherst, NY; and Ivoclar Vivadent Manufacturing Inc. of Somerset, NJ, on February 19, 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 lithium silicate materials and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Dentsply International, Inc., of York, PA;
Dentsply Prosthetics U.S. LLC a/k/a Dentsply Ceramco of York, PA; and
DeguDent GmbH of Hanau-Wolfgang, Germany.
By instituting this investigation (337-TA-911), 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 14-026
Inv. No(s). 731-TA-1140-1142 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on uncovered innerspring units from China, South Africa, and Vietnam 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 orders on imports of this product from China, South Africa, and Vietnam will remain in place.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Shara L. Aranoff did not participate in these reviews.
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 Uncovered Innerspring Units from China, South Africa, and Vietnam (Inv. Nos. 731-TA-1140-1142 (Review), USITC Publication 4459, April 2014) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after April 24, 2014, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Uncovered Innerspring Units from China, South Africa, and Vietnam were instituted on November 1, 2013.
On February 4, 2014, the Commission voted to conduct expedited reviews. Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Shara L. Aranoff did not participate in the adequacy determinations.
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.
News Release 14-027
Inv. No(s). 332-541
Contact: Peg O'Laughlin, 202-205-1819
Standards and a variety of other trade barriers in the European Union disproportionately affect the exports of U.S. small and medium-sized enterprises more than those of large firms, reports the U.S. International Trade Commission (USITC) in its new publication Trade Barriers that U.S. Small and Medium-Sized Enterprises Perceive as Affecting Exports to the European Union.
The USITC, an independent, nonpartisan, factfinding federal agency, completed the report for the U.S. Trade Representative.
As requested, the report catalogs trade-related barriers that U.S. small and medium-sized enterprises (SMEs) and related industry associations reported as limiting their exports to the European Union (EU). Highlights of the report follow.
- SMEs explained that many EU trade barriers, particularly those related to standards and regulations, affect their exports. They stated that complying with EU regulations and procedures are costly for all firms, but potentially prohibit SMEs from exporting to the EU because such costs are often the same regardless of a firm's size or export revenue. Other difficulties that were cited include protection of trade secrets, high patenting costs, and logistics challenges, especially customs requirements, inconsistent Harmonized System classifications, and the EU's value-added tax system.
- SMEs and related industry associations described many industry-specific barriers. For example:
- SMEs in the chemical industry frequently cited the high cost of complying with the EU chemical regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals or REACH).
- SMEs exporting cosmetics expressed difficulties meeting the EU's cosmetics directive.
- SME clothing exporters said that they were disproportionately affected by the recent EU retaliatory additional duties on U.S. exports of women's denim jeans.
- SMEs producing machinery, electronic, transportation, and other goods cited a lack of harmonized international standards and mutual recognition for conformity assessment, as well as problems complying with technical regulations and conformity assessment procedures.
- A number of barriers reportedly constrain U.S. exports of agricultural products. SMEs and industry groups in the corn, dried fruit, animal feed, cheese, and wheat industries cited high tariffs, stringent and inconsistent EU rules and testing mandates, lack of a science-based regulatory focus (especially for genetically modified traits), lack of harmonization between U.S. and EU standards, and the EU's protected designations of origin (PDOs). The U.S. poultry and lamb industries reported that they are effectively banned from exporting to the EU.
- U.S. services SMEs in the healthcare, engineering, testing, and audiovisual industries highlighted a lack of mutual recognition of licensing, credentials, and standards, as well as issues with broadcasting and film quotas, language dubbing requirements, government subsidies, and safeguarding intellectual property.
- In certain industries, SMEs or industry associations also provided suggestions for increasing U.S. SME transatlantic trade with the EU and, at times, stories of successfully exporting to the EU.
Trade Barriers that U.S. Small and Medium-Sized Enterprises Perceive as Affecting Exports to the European Union (Investigation No. 332-541, USITC Publication 4455, February 2014), is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4455.pdf. A CD-ROM of the report may be requested by emailing pubrequest@usitc.gov, calling 202-205-2000, or contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.
USITC general factfinding investigations, such as this one, cover matters related to tariffs and 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 analysis 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 requestor. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.
News Release 14-028
Inv. No(s). 337-TA-912
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain earpiece devices having positioning and retaining structure and components thereof. The products at issue in this investigation are in-ear headphones.
The investigation is based on a complaint filed by Bose Corporation of Framingham, MA, on February 26, 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 earpiece devices having positioning and retaining structure and components thereof that infringe a patent asserted by Bose. 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:
Monster, Inc. of Brisbane, CA;
Monster, LLC of Las Vegas, NV; and
Monster Technology International, Ltd. of Ennis, County Clare, Ireland.
By instituting this investigation (337-TA-912), 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 14-021
Inv. No(s). 337-TA-910
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain television sets, television receivers, television tuners, and components thereof. The products at issue in this investigation are televisions and the integrated circuit tuners and receivers included in the televisions.
The investigation is based on a complaint filed by Cresta Technology Corporation, of Santa Clara, CA, on January 28, 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 television sets, television receivers, television tuners, and components thereof that infringe patents asserted by Cresta. The complainant requests that the USITC issue limited exclusion orders and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Silicon Laboratories, Inc., of Austin, TX;
Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
LG Electronics Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
MaxLinear, Inc., of Carlsbad, CA;
Sharp Corporation, of Osaka, Japan;
Sharp Electronics Corporation, of Mahwah, NJ; and
VIZIO, Inc., of Irvine, CA.
By instituting this investigation (337-TA-910), 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 14-020
Inv. No(s). 731-TA-749 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on persulfates from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determination, the existing order on imports of this product from China will remain in place.
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 this five-year (sunset) review.
The Commission's public report Persulfates from China (Inv. No. 731-TA-749 (Third Review), USITC Publication 4456, March 2014) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after March 31, 2014, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Persulfates from China was instituted on March 1, 2013.
On June 4, 2013, the Commission voted to conduct a full review. Then-Commissioner Daniel R. Pearson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group response was inadequate but that circumstances warranted a full review. Chairman Irving A. Williamson concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission's vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 14-017
Inv. No(s). 332-543
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) will add an additional half day to its public hearing concerning a wide range of Indian policies that discriminate against U.S. trade and investment in that country.
The Commission's hearing in connection with its investigation Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy now will begin at 1 p.m. on Wednesday, February 12, 2014. It will continue at 9:30 a.m. on Thursday, February 13, 2014 - the original hearing date.
The hearing witness list (subject to change) is available at: http://www.usitc.gov/press_room/documents/thisweek/wl1_021014.pdf
The USITC, an independent, nonpartisan, factfinding federal agency, is conducting the investigation at the request of the Senate Committee on Finance and the House Committee on Ways and Means. The Commission will deliver its report to the Committees by November 30, 2014.
The USITC received a very high number of requests to appear at the public hearing. To accommodate all requests, the Commission decided to add an additional half day to the hearing, originally scheduled to be completed in a single day.
WHAT: Extended USITC hearing, additional half day added - Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy
WHEN: Hearing now will begin at 1 p.m. on Wednesday, February 12, 2014; hearing will continue at 9:30 a.m. on Thursday, February 13, 2014
WHERE: Main Hearing Room, USITC Building (500 E Street SW, Washington, DC)
Additional information:
- Federal Register notice announcing the hearing extension
- Federal Register notice announcing the investigation's institution
- News Release announcing the investigation's institution
- Request letter from the Committee on Ways and Means, U.S. House of Representatives, and the Committee on Finance, U.S. Senate
News Release 14-011
Inv. No(s). 337-TA-908
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain soft-edged trampolines and components thereof. The products at issue in this investigation are trampolines designed so no hard surfaces or components are situated adjacent to the surface of the trampoline mat.
The investigation is based on a complaint filed by Springfree Trampoline, Inc.; Springfree Trampoline USA, Inc.; and Spring Free Limited Partnership, all of Markham, Ontario, Canada, on December 24, 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 soft-edged trampolines and components thereof that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Vuly Trampolines Pty. Ltd. of Brisbane, Queensland, Australia, as the respondent in this investigation.
By instituting this investigation (337-TA-908), 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 14-008
Inv. No(s). 337-TA-907
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 are used in automobiles to provide information about the surroundings of the automobile.
The investigation is based on a complaint filed by Magna Electronics Inc. of Auburn Hills, MI, on December 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 vision-based driver assistance system cameras and components thereof that infringe patents asserted by Magna. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified TRW Automotive U.S., LLC, of Livonia, MI, as the respondent in this investigation.
By instituting this investigation (337-TA-907), 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.