January 16, 2013
News Release 13-083
Inv. No(s). 337-TA-893
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Flash Memory Chips and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory chips and products containing the same. The products at issue in this investigation are flash memory chips used in devices such as laptops, wireless routers, video game consoles, handheld gaming devices, and game cartridges.

The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on August 1, 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 flash memory chips and products containing the same that infringe patents asserted by Spansion. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Macronix International Co, Ltd., of Hsin-chu, Taiwan;
    Macronix America, Inc., of Milpitas, CA;
    Macronix Asia Limited of Kanagawa Pref., Japan;
    Macronix (Hong Kong) Co., Ltd., of Sa Tin, N.T., Hong Kong;
    Acer Inc. of New Taipei City, Taiwan;
    Acer America Corporation of San Jose, CA;
    ASUSTek Computer Inc. of Taipei, Taiwan;
    Asus Computer International of Fremont, CA;
    Belkin International, Inc., of Playa Vista, CA;
    D-Link Corporation of Taipei City, Taiwan;
    D-Link System, Inc., of Fountain Valley, CA;
    Netgear Inc., San Jose, CA;
    Nintendo Co., Ltd., of Kyoto, Japan; and
    Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-893), 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.

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September 12, 2013
News Release 13-088
Inv. No(s). 332-537
Contact: Peg O'Laughlin, 202-205-1819
Global Standards for Extra Virgin Olive Oil Are Widely Unenforced, Weakening the Competitive Position of U.S. and Other Premium Producers, Says USITC

U.S. olive oil production has risen quickly in recent years in response to higher global demand, but recent investment has slowed, in part because of concern among U.S. producers that their competitive position in the U.S. market is threatened by a lack of regulatory oversight, reports the U.S. International Trade Commission (USITC) in its publication Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries.

The USITC, an independent, nonpartisan, factfinding federal agency, completed the report at the request of the U.S. House Ways and Means Committee.

As requested, the report provides information on production, consumption, and trade, with an overview of the international market for olive oil; overviews of the commercial olive oil industries in the United States and other major supplying countries; analysis of the factors that affect the competitiveness of the major olive oil-producing countries; and an assessment of the role of imports and other factors, such as standards and pricing, on consumption in the United States. Highlights of the report follow.

  • Although U.S. production of olive oil remains small on a global scale, the United States is among the nontraditional producing countries that are responding to higher global demand, and output has risen quickly in recent years. But recent investment in U.S. olive oil production has slowed in reaction to lower global prices following a succession of bumper crops in Spain, and because of concern among U.S. producers that their competitive position in the domestic market is threatened by a lack of regulatory oversight.

  • Current international standards for extra virgin olive oil allow a wide range of oil qualities to be marketed as extra virgin. In addition, the standards are widely unenforced. Mandatory testing with penalties for noncompliance exists only in Canada and the European Union. However, testing in the EU is only mandatory for a very small share of production (0.1 percent). Broad and unforced standards lead to adulterated and mislabeled products, weakening the competitiveness of high-quality producers, such as those in the United States, who try to differentiate their product based on quality.

  • EU government support programs contribute to high overall supplies of olive oil, reducing global olive oil prices. Many small growers in the EU rely on costly traditional methods of production and have costs that are at or above global prices. Because some of these producers would likely cease production in the absence of income support from the EU, the CAP has the indirect effect of increasing total global olive oil supply and reducing prices.

  • Olive oil marketers aim to differentiate their products by brand and level of quality, but price remains one of the most important factors in U.S. consumer purchasing decisions. This is due, in part, to a lack of consumer awareness of quality differences. U.S. consumers are generally unfamiliar with the range of olive oil grades and uses.

  • Broadly, two types of business models are employed to attract customers in the U.S. retail market: cost leadership or product differentiation. Firms that focus on cost leadership, such as large bottlers that blend oil produced in multiple countries, attract consumers mostly on price. On the other hand, smaller, vertically integrated firms produce a higher quality, more flavorful oil and try to differentiate their product based on quality.

  • The U.S. olive oil industry produces high-quality extra virgin olive oil, mostly through highly mechanized and intensively managed groves. U.S. farm level production costs for olive oil are competitive, but lack of scale and high capitals costs result in higher prices in the retail market.

Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries (Inv. No. 332-537, USITC publication 4419, July 2013) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4419.pdf.

The report may be requested by emailing pubrequest@usitc.gov, by calling 202-205-2000, or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

USITC general factfinding investigations, such as this, 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, and the Senate Committee on Finance. The resulting reports convey the Commission's 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.

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September 16, 2013
News Release 13-089
Inv. No(s). 337-TA-894
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Tires and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain tires and products containing same. The products at issue in this investigation are tires with certain tread designs and sidewall designs.

The investigation is based on a complaint filed by Toyo Tire & Rubber Co., Ltd, of Osaka, Japan; Toyo Tire Holdings of Americas Inc. of Cypress, CA; Toyo Tire U.S.A. Corp. of Cypress, CA; Nitto Tire U.S.A. Inc. of Cypress, CA; and Toyo Tire North America Manufacturing Inc. of White, GA, on August 14, 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 tires and products containing same 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:

    Hong Kong Tri-Ace Tire Co., Ltd., of China;
    Weifang Shunfuchang Rubber & Plastic Co., Ltd., of China;
    Doublestar Dong Feng Tyre Co., Ltd., of China;
    Shandong Yongtai Chemical Group Co., Ltd., of China;
    MHT Luxury Alloys of Rancho Dominguez, CA;
    Wheel Warehouse, Inc., of Anaheim, CA;
    Shandong Linglong Tyre Co., Ltd., of China;
    Dunlap & Kyle Company, Inc. d/b/a Gateway Tire and Service of Batesville, MS;
    Unicorn Tire Corp of Memphis, TN;
    West KY Customs, LLC, of Benton, KY;
    Svizz-One Corporation Ltd. of Thailand;
    South China Tire and Rubber Co., Ltd., of China;
    American Omni Trading Co., LLC, of Houston, TX;
    Tire & Wheel Master, Inc., of Stockton, CA;
    Simple Tire of Cookeville, TN;
    WTD Inc. of Cerritos, CA;
    Guangzhou South China Tire & Rubber Co., Ltd., of China;
    Turbo Wholesale Tires, Inc., of Irwindale, CA;
    TireCrawler.com of Downey, CA;
    Lexani Tires Worldwide, Inc., of Irwindale, CA;
    Vittore Wheel & Tire of Asheboro, NC; and
    RTM Wheel & Tire of Asheboro, NC.

By instituting this investigation (337-TA-894), 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.

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September 20, 2013
News Release 13-091
Inv. No(s). 701-TA-491-493, 495, and 497 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam Does Not Injure U.S. Industry, Says USITC

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 frozen warmwater shrimp from China, Ecuador, India, Malaysia, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are subsidized.

Commissioners Daniel R. Pearson, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Shara L. Aranoff voted in the affirmative.

As a result of the USITC's negative determinations, Commerce will not issue countervailing duty orders on imports of these products from China, Ecuador, India, Malaysia, and Vietnam.

The Commission's public report Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam (Investigation Nos. 701-TA-491-493, 495, and 497 (Final), USITC Publication 4429, October 2013) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after October 22, 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.

FACTUAL HIGHLIGHTS

Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam
Investigation Nos. 701-TA-491-493, 495, and 497 (Final)

Product Description: Certain frozen warmwater shrimp and prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-
on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form,
regardless of size. The products described may be processed from any species of warmwater
shrimp and prawns. Frozen shrimp and prawns that are packed with marinade, spices or sauce are
included in the scope. In addition, food preparations (including dusted shrimp), which are not
"prepared meals," that contain more than 20 percent by weight of shrimp or prawn are also
included in the scope. Excluded from the scope are: (1) breaded shrimp and prawns; (2) shrimp and
prawns generally classified in the Pandalidae family and commonly referred to as coldwater
shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled; (4)
shrimp and prawns in prepared meals; (5) dried shrimp and prawns; (6) canned warmwater shrimp
and prawns; and (7) certain "battered shrimp." The predominant end-use for warmwater shrimp
and prawns is human consumption.

Status of Proceedings:

1. Type of investigations:  Final countervailing duty.
2. Petitioner: Coalition of Gulf Shrimp Industries, Biloxi, MS.
3. Investigations instituted by the USITC: December 28, 2012.
4. USITC hearing: August 13, 2013.
5. USITC vote: September 20, 2013.
6. USITC notification to the U.S. Department of Commerce: October 1, 2013.

U.S. Industry:

1. Number of producers (processors) in 2012: 48.
2. Location of producers' plants:  Alabama, Florida, Georgia, Illinois, Louisiana, Mississippi,
   North Carolina, South Carolina, Texas.
3. Employment of production and related workers in 2012: 2,050.
4. Apparent U.S. consumption in 2011: 1.3 billion pounds.
5. Ratio of the value of subject imports to apparent U.S. consumption in 2011: 35.7 percent.

U.S. Imports in 2012:

1. From the subject countries during 2012:  $1.9 billion.
2. From other countries during 2012:  $2.4 billion.
3. Leading sources during 2012: Thailand, Indonesia, India, Ecuador, Vietnam, Malaysia,
   China, Mexico (in terms of total value).

# # #
September 20, 2013
Inv. No(s). 337-TA-895
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Multiple Mode Outdoor Grills and Parts Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multiple mode outdoor grills and parts thereof. The products at issue in this investigation are multiple-mode outdoor grills that enable a user to cook food using either a gas-based fuel or a solid fuel such as charcoal or wood, or use both modes simultaneously.

The investigation is based on a complaint filed by A&J Manufacturing LLC of St. Simons, GA and A&J Manufacturing, Inc. of Green Cove Springs, FL on August 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 multiple mode outdoor grills and parts thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    The Brinkman Corporation of Dallas, TX;
    W.C. Bradley Co. of Columbus, GA;
    GHP Group, Inc. of Morton Grove, IL;
    Kamado Joe Company of Duluth, GA;
    Outdoor Leisure Products, Inc. of Neosho, MO;
    Rankam Group of Gardena, CA;
    Academy Ltd., d/b/a Academy Sports and Outdoors, of Katy, TX;
    HEB Grocery Company, LP, d/b/a H-E-B, of San Antonio, TX;
    Kmart Corporation of Hoffman Estates, IL;
    Sears Brands Management Corporation of Hoffman Estates, IL;
    Sears Holdings Corporation of Hoffman Estates, IL;
    Sears, Roebuck & Company of Hoffman Estates, IL;
    Tractor Supply Company of Brentwood, TN;
    Guangdong Canbo Electrical Co., Ltd. of Foshan City, Guangdong Province, China;
    Chant Kitchen Equipment (HK), Ltd. of Hong Kong, China;
    Dongguan Kingsun Enterprises Co., Ltd. of Dongguan City, China;
    Zhejiang Fudeer Electric Appliance Co., Ltd. of Zhejiang Province, China;
    Ningbo Huige Outdoor Products Co., Ltd. of Fenghua City, Zhejiang Province, China;
    Keesung Manufacturing Co., Ltd. of Panyu, Guangzhou, China;
    Ningbo Spring Communication Technologies Co. Ltd. of Ningbo Zhejiang, China; and
    Wuxi Joyray International Corp. of Wuxi, Jiangsu, China.

By instituting this investigation (337-TA-895), 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.

# # #
September 23, 2013
News Release 13-093
Contact: Peg O'Laughlin, 202-205-1819
Lord Named New Administrative Law Judge at U.S. International Trade Commission

Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Judge Sandra (Dee) Lord has joined the USITC as an Administrative Law Judge (ALJ). Lord will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency's investigations involving unfair practices in import trade. These investigations most often involve allegations of patent and trademark infringement.

Prior to joining the USITC, Lord served as an ALJ with the Social Security Administration's Office of Disability Adjudication and Review (National Hearing Center) in Falls Church, VA. Previously, she was an ALJ in the Social Security Administration's Raleigh Hearing Office in Raleigh, NC.

Lord served as a Special Master in the U.S. Court of Federal Claims' Office of Special Masters from 2009-2012.

From 1997 to 2008, Lord was a trial attorney in the Commercial Litigation Branch/Frauds section in the Department of Justice's Civil Division. Prior to that, she was Of Counsel at the Washington, DC, law firm of Ross, Dixon & Masback (now Troutman Sanders, LLC); served as Associate General Counsel at the Howard Hughes Medical Institute in Bethesda, MD; and was an Assistant Counsel for Appellate Litigation in the U.S. Department of Labor's Office of the Solicitor.

Lord holds a juris doctor degree from the Georgetown University Law Center and a bachelor of arts degree, summa cum laude, from Yale University. She is a member of the bars of the District of Columbia and the State of Maryland.

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, trademark, and copyright infringement.

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September 30, 2013
News Release 13-095
Inv. No(s). 337-TA-896
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Thermal Support Devices for Infants, Infant Incubators, Infant Warmers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain thermal support devices for infants, infant incubators, infant warmers, and components thereof. The products at issue in this investigation are incubators and warming devices that provide thermoregulation of patients, often premature infants.

The investigation is based on a complaint filed by Draeger Medical Systems, Inc., of Telford, PA, on August 29, 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 thermal support devices for infants, infant incubators, infant warmers, and components thereof 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 Atom Medical International, Inc., of Tokyo, Japan, as the respondent in this investigation.

By instituting this investigation (337-TA-896), 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.

# # #
September 30, 2013
News Release 13-096
Inv. No(s). 332-534
Contact: Peg O'Laughlin, 202-205-1819
U.S. and Global Markets for Renewable Energy Services Growing Rapidly, USITC Finds

United States and Europe are Leading Importers and Exporters of Wind and Solar Services

Global demand for renewable energy services (consulting, engineering, construction, equipment maintenance and repair, etc.) has grown rapidly in the past five years as countries have worked to meet rising energy needs, reduce carbon output, and strengthen energy security, reports the U.S. International Trade Commission in its publication Renewable Energy and Related Services: Recent Developments.

Though few trade barriers apply specifically to the provision of renewable energy services, local content requirements applied to renewable energy equipment in many countries act as significant barriers to trade in related services, the agency found.

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).

In his request letter, the USTR noted that technological improvements and decreasing prices have led to rapid growth in demand for renewable energy services, particularly in the wind and solar power sectors, and that changes in government incentive programs have altered the future of the renewable energy market. The USTR asked the USITC to provide updated information "to assist us in better understanding recent developments in the renewable energy services sector."

As requested, the report provides estimates of the U.S. and global markets for, and discusses barriers to, trade and investment in services that are essential to the development, generation, and distribution of renewable energy. Highlights of the report follow.

  • Global renewable energy capacity more than doubled to 653 gigawatts between 2007 and 2012, while global investment stood at a record $244 billion in 2012, up 71 percent during that period. While data on renewable energy services are not available, capacity and investment growth indicate similar growth in related services.

  • The United States is consistently among the largest markets for renewable energy services, alongside Europe and Asia, particularly China.

  • The value of global solar photovoltaic services associated with installations was estimated to be $34 billion in 2011. The largest markets for such services were Italy ($9.8 billion), Germany ($5.1 billion), the United States ($3.1 billion), and Japan ($3.0 billion).

  • The global market for services related to installation of wind equipment was estimated at nearly $23 billion in 2011, with the largest markets including China, the United States, Germany, and Canada. The global market for wind operations and maintenance services in 2011 was estimated at $6.2 billion - $7.2 billion, with Europe believed to account for roughly half of that market.

  • The value of the global market for services associated with all hydropower installations in 2010 was nearly $71 billion, of which small hydropower accounted for an estimated $2.3 billion.

  • Geothermal installation services in the global market were estimated at $315 million in 2010, while the operations and maintenance of existing geothermal facilities required services expenditures estimated at $2.5 billion.

  • Trade barriers affecting renewable energy services primarily include general investment restrictions and measures that impede the free movement of service providers. While local content requirements do not typically target service providers, they often serve as de facto barriers to services provision as many wind and solar equipment manufacturers provide services in tandem with the sale of their goods.

Renewable Energy and Related Services: Recent Developments (Investigation No. 332-534, USITC Publication 4421, August 2013), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4421.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.

# # #
September 30, 2013
News Release 13-097
Inv. No(s). 332-534
Contact: Peg O'Laughlin, 202-205-1819
CBERA Continues to Have a Small but Positive Impact on Beneficiary Countries and U.S. Consumers; Imports Declined in 2012, Says USITC

The overall effect of the Caribbean Basin Economic Recovery Act (CBERA) on the U.S. economy continues to be negligible while the effect on U.S. consumers and beneficiary countries is small but positive, reports the U.S. International Trade Commission (USITC) in its publication Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-first Report, 2011-12.

The USITC, an independent, nonpartisan, factfinding federal agency, recently issued its 21st in a series of biennial reports monitoring imports under CBERA. The CBERA program, operative since January 1, 1984, affords preferential tariff treatment to most products of the 16 designated Caribbean and South American countries that received CBERA benefits during the period covered in the report. A seventeenth country, Panama, was a CBERA member until October of 2012 when the US-Panama FTA went into effect.

The USITC report covers the impact of CBERA, as modified, on the United States, with particular emphasis on calendar year 2012. CBERA requires the Commission to prepare a biennial report assessing both the actual and the probable future effect of CBERA on the U.S. economy generally, on U.S. industries, and on U.S. consumers. The report also covers the impact of the preference program on the beneficiary countries themselves. Following are highlights of the 2011-12 report.

  • Imports benefiting from CBERA rose strongly in 2011. The sharp increase in CBERA imports in 2011 can be mostly attributed to the U.S. recovery from the economic recession and its effects on the demand for imports and commodity prices, according to the report. Additionally, U.S. imports of textiles and apparel from Haiti increased sharply in 2011 as Haiti rebounded from its devastating earthquake in 2010. The decline in imports benefiting from CBERA in 2012 reflected slower growth in commodity prices and a decline in U.S. demand for energy imports, among other factors.

  • The overall effect of CBERA-exclusive imports (imports that could receive tariff preferences only under CBERA provisions) on the U.S. economy generally and on U.S. industries and consumers continued to be negligible in 2012. The Commission did identify one U.S. industry-methanol-that might face significant negative effects due to competition from CBERA-exclusive imports.

  • Imports under the CBERA program fell from $3.6 billion in 2011 to $3.1 billion in 2012, reflecting a decline in U.S. demand for energy imports, slower growth in commodity prices, the exit of Panama from the CBERA in October 2012 upon the entry into force of the U.S.-Panama FTA, and other factors, such as changes in the U.S. ethanol program on December 31, 2011, that ended certain preferential treatment under CBERA.

  • CBERA has encouraged several beneficiary countries to develop niche exports to the United States, including polystyrene from The Bahamas, fruits and fruit juices from Belize, and electronic products from St. Kitts and Nevis.

  • The Commission finds that investment for the near-term production and export of CBERA-eligible products is not likely to result in imports that would have a measurable economic impact on the U.S. economy generally and on U.S. producers. Although investment in Haiti's export-oriented apparel sector increased significantly in 2011-2012, Haiti will likely remain a small U.S. apparel supplier.

  • Exporting CBERA-eligible goods is a challenge for many CBERA beneficiaries because of supply-side constraints, including inadequate infrastructure. However, special CBERA provisions for Haiti have had a strong, positive effect on export earnings and job creation in Haiti's apparel sector.

Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-first Report, 2011-12 (Inv. No. 332-227, USITC Publication No. 4428, September 2013) is available at http://www.usitc.gov/publications/332/pub4428.pdf. The publication will also be available at federal depository libraries in the United States. A CD-ROM or printed copy of the report may be requested 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 also be faxed to 202-205-2104.

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 requestor. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.

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October 21, 2013
News Release 13-098
Contact: Peg O'Laughlin, 202-205-1819
F. Scott Kieff Sworn in as U.S. International Trade Commissioner

F. Scott Kieff, a Republican of Illinois, was sworn in on Friday, October 18, 2013, as a Commissioner of the U.S. International Trade Commission. Nominated by President Barack H. Obama, he was confirmed by the U.S. Senate on August 1, 2013, for the term expiring on June 16, 2020.

Before being sworn in, Commissioner Kieff took a leave of absence from his post as a Professor at the George Washington University Law School in Washington, DC, which he joined in the summer of 2009. He came to George Washington University from Washington University in Saint Louis, where he was a Professor in the School of Law with a secondary appointment in the School of Medicine's Department of Neurological Surgery. He was named Fred C. Stevenson Research Professor at the George Washington University Law School in the fall of 2012.

Also before being sworn in, Commissioner Kieff resigned his roles at the Stanford University Hoover Institution, where he was the Ray & Louise Knowles Senior Fellow. He also served as Director and a Member of the Research Team of the Hoover Project on Commercializing Innovation; as a Member of the Steering Committee and Research Team of the Hoover Working Group on Intellectual Property, Innovation, and Prosperity, or IP2; and as a Member of the John and Jean De Nault Task Force on Property Rights, Freedom, and Prosperity.

Commissioner Kieff previously served as a faculty member of the Munich Intellectual Property Law Center at Germany's Max Planck Institute; a visiting professor in the law schools at Northwestern, Chicago, and Stanford; and a faculty fellow in the Olin Program on Law and Economics at Harvard.

Before entering academia, Commissioner Kieff practiced law for over six years as a trial lawyer and patent lawyer for Pennie & Edmonds in New York and Jenner & Block in Chicago and as Law Clerk to U.S. Circuit Judge Giles S. Rich. After entering academia, he regularly served as a testifying and consulting expert, mediator, and arbitrator to law firms, businesses, government agencies, and courts.

Commissioner Kieff's research, teaching, practice, and consulting work focused on the law, economics, and politics of innovation, including entrepreneurship, corporate governance, finance, economic development, trade, intellectual property, antitrust, bankruptcy, medical ethics, technology policy, and health policy. He was recognized as one of the nation's "Top 50 under 45" by the magazine IP Law & Business in May, 2008, and was inducted as a Member of the European Academy of Sciences and Arts in March, 2012.

Originally from the Hyde Park neighborhood in Chicago, he became a lawyer in New York City and now lives with his family in Washington, DC. Before attending law school at the University of Pennsylvania, he studied molecular biology and microeconomics at the Massachusetts Institute of Technology and conducted research in molecular genetics at the Whitehead Institute for Biomedical Research in Cambridge, MA.

The U.S. International Trade Commission is an independent, nonpartisan, factfinding 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, such as patent, trademark, and copyright infringement.

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