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News Release 12-113
Inv. No(s). 701-TA-481 (Final), 731-TA-1190 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of crystalline silicon photovoltaic cells and modules 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.
All six Commissioners voted in the affirmative.
As a result of the USITC's affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.
The Commerce Department previously made affirmative critical circumstances determinations in its investigations. Therefore, the Commissioners who made affirmative determinations today are required to determine whether imports covered by the Commerce critical circumstances determinations are likely to undermine seriously the remedial effect of the antidumping and countervailing duty orders Commerce will issue.
With respect to critical circumstances, Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative with respect to critical circumstances.
As a result of the Commission's negative determinations regarding critical circumstances, the antidumping and countervailing duty orders concerning these imports will not apply retroactively to goods that entered the United States prior to the date of publication in the Federal Register of the Department of Commerce's affirmative preliminary determinations.
The Commission's public report Crystalline Silicon Photovoltaic Cells and Modules from China (Investigation Nos. 701-TA-481 and 731-TA-1190 (Final), USITC Publication 4360, November 2012) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after December 14, 2012, 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
Crystalline Silicon Photovoltaic Cells and Modules from China
Investigation Nos. 701-TA-481 and 731-TA-1190 (Final)
Product Description: The merchandise covered by this investigation are crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. This investigation covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Subject merchandise may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of this investigation. Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the People's Republic of China are covered by this investigation; however, modules, laminates, and panels produced in China from cells produced in a third country are not covered by this investigation. Merchandise covered by this investigation is currently classified in the Harmonized Tariff System of the United States ( HTSUS'') under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioner: SolarWorld Industries America, Inc., Hillsboro, OR.
3. Investigations instituted by USITC: October 19, 2011.
4. USITC hearing: October 3, 2012.
5. USITC vote: November 7, 2012.
6. USITC notification of Department of Commerce: November 30, 2012.
U.S. Industry:
1. Number of U.S. producers: 14.
2. Location of producers' cell and module plants: Arizona, California, Delaware, Florida, Georgia,
Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Tennessee,
Washington, and Wisconsin.
3. Employment of production and related workers of crystalline silicon photovoltaic modules in 2011:
1,856.
4. U.S. producers' U.S. shipments of crystalline silicon photovoltaic modules in 2011: $790.5 million.
5. Apparent U.S. consumption of crystalline silicon photovoltaic modules in 2011: $3.01 billion.
6. Ratio of subject imports from China to apparent U.S. consumption of crystalline silicon
photovoltaic modules in 2011: 57.4 percent.
U.S. Imports in 2011:
1. Quantity of imports of crystalline silicon photovoltaic cells and modules from China: 1.5 million
kilowatts.
2. Value of imports of crystalline silicon photovoltaic modules from China: $1.9 billion.
News Release 12-110
Inv. No(s). 337-TA-860
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same. The products at issue in this investigation are vertical cavity surface- emitting lasers ("VCSELs") and VCSEL drivers, and also transceivers and active optical cables that include VCSELs and VCSEL drivers as components.
The investigation is based on a complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd., of Singapore; and Avago Technologies U.S. Inc. of San Jose, CA, on September 25, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the 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:
IPtronics A/S of Denmark;
IPtronics Inc. of Menlo Park, CA;
FCI USA, LLC, of Etters, PA;
FCI Deutschland GmbH of Germany;
FCI SA of France;
Mellanox Technologies Inc., of Sunnyvale, CA; and
Mellanox Technologies, Ltd. of Israel.
By instituting this investigation (337-TA-860), 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 six 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 12-109
Inv. No(s). 337-TA-859
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit chips and products containing the same. The products at issue in this investigation are generally integrated circuit chips contained in hard disk drives, solid state drives, high-speed communications systems and interfaces, computer servers, data storage systems, controller boards and personal computers.
The investigation is based on a complaint filed by Realtek Semiconductor Corporation of Taiwan on September 19, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuit chips and products containing the same that infringe patents asserted by Realtek. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
LSI Corporation of Milpitas, CA; and
Seagate Technology, Inc., of Cupertino, CA.
By instituting this investigation (337-TA-859), 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 six 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 12-108
Inv. No(s). 337-TA-858
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain devices with secure communication capabilities, components thereof, and products containing the same. The products at issue in this investigation are devices with secure communication applications.
The investigation is based on a complaint filed by VirnetX, Inc., of Zephyr Cove, NV, and Science Applications International Corporation of McLean, VA, on September 14, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain devices with secure communication capabilities, components thereof, and products containing the same that infringe a patent asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-858), 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 six 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 12-103
Inv. No(s). 332-537
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation into the global competitiveness of the U.S. commercial olive oil industry.
The investigation, Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries, was requested by the U.S. House of Representatives Committee on Ways and Means in a letter received on September 12, 2012.
In its letter, the Committee stated: "The U.S. commercial olive oil industry has grown rapidly over the last decade, employing modern agriculture technologies and research to capture the growing domestic demand for olive oil.... U.S. consumption of olive oil has increased approximately 40 percent in the past ten years. Although domestic production has increased, the vast majority of U.S. consumption is satisfied by imports."
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide, to the extent practicable, information and analysis on the major suppliers of olive oil, particularly Spain, Italy, and North African countries, as well as the United States. The report will cover the period 2008-2012 and to the extent possible will provide:
- an overview of the commercial olive oil industry in the United States and major supplier countries, including production of olives for olive oil processing, planted acreage and new plantings, processing volumes, processing capacity, carry-over inventory, and consumption;
- information on the international market for olive oil, including U.S. and foreign supplier imports and exports of olive oil in its various forms, olive oil trade between the European Union and North African countries, and a history of the tariff treatment and classification of olive oil;
- a qualitative and, to the extent possible, quantitative assessment of the role of imports, standards and grading, prices, and other factors on olive oil consumption in the U.S. market; and
- a comparison of the competitive strengths and weaknesses of the commercial olive production and olive oil processing industries in the major producing countries and the United States, including factors such as industry structure, input production costs and availability, processing technology, product innovation, government support and other government intervention, exchange rates, and marketing regimes, plus steps each respective industry is taking to increase its competitiveness.
The USITC will submit its report to the Committee by August 12, 2013.
The USITC will hold a public hearing in connection with the investigation at 10:30 a.m. on December 5, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 14, 2012, 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. 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 February 12, 2013. 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 investigation, dated October 1, 2012, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary 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 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 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 12-102
Inv. No(s). 332-352
Contact: Peg O'Laughlin, 202-205-1819
Program Continues to Have a Small but Indirect Effect on Drug Crop Eradication
Andean Trade Preference Act (ATPA) imports during 2011 continued to have a negligible overall effect on the U.S. economy and consumers, reports the U.S. International Trade Commission (USITC) in its study Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, Fifteenth Report, 2011.
The agency also noted that the ATPA continued to have a small but indirect effect in reducing illicit coca cultivation and promoting crop substitution efforts in the Andean countries in 2011.
The USITC, an independent, nonpartisan, factfinding federal agency, recently issued its 15th report in a series monitoring imports under the ATPA and the impact of the ATPA on drug crop eradication and crop substitution. In 2011, the ATPA program afforded preferential tariff treatment to most products of Colombia and Ecuador. After May 15, 2012, when the U.S.-Colombia Trade Promotion Agreement entered in to force, Ecuador became the only ATPA beneficiary country.
Since the 14th report, two major changes have had an impact on the ATPA: Peru lost its ATPA eligibility at the beginning of 2011, and imports under ATPA in 2011 were significantly lower because of a lapse in the program. Highlights of the report, which focuses on calendar year 2011, follow:
- The effects of ATPA on the United States in 2011 were negligible. Total imports from ATPA countries represented 1.5 percent of the total value of U.S. merchandise imports in 2011. ATPA-exclusive imports accounted for 0.19 percent of the total value of U.S. imports.
- Of the products imported into the U.S. under the ATPA, U.S. consumers benefited the most from imports of fresh cut roses and fresh cut chrysanthemums through lower prices as a result of duty free treatment. U.S. producers of fresh cut roses were the most negatively impacted as lower priced imports led to a small reduction in domestic production.
- ATPA preferences expired on February 12, 2011, but were retroactively renewed on October 21, 2011. In addition, Peru lost its ATPA beneficiary status at the end of 2010. As a result of the lapse and the exit of Peru, imports entered under ATPA fell 70 percent, and ATPA-exclusive imports fell 68 percent.
- Most U.S. imports that entered under ATPA preferences were eligible for duty-free treatment only under the ATPA. Of the $4.4 billion in U.S. imports that were entered under ATPA in 2011, imports valued at $4.2 billion could not have received tariff preferences under any other program. These ATPA-exclusive imports accounted for 13.1 percent of the value of total U.S. imports from ATPA countries.
- Petroleum and petroleum products now dominate the list of leading imports that benefit exclusively from the ATPA. The five leading items benefiting exclusively from the ATPA in 2011 were heavy crude oil, light crude oil, heavy fuel oil, fresh cut roses, and light oil mixtures.
- Future effects of the ATPA on the overall U.S. economy and most economic sectors are expected to be minimal because U.S. imports from Ecuador (the only remaining ATPA beneficiary country) represent such a small portion of total U.S. imports (0.43 percent in 2011). Uncertainty over the future of ATPA trade preferences in 2011 discouraged investment in some sectors. Nevertheless, some investments could generate future exports to the United States under the ATPA, including frozen broccoli and cauliflower, pouched tuna, and plywood.
- The effectiveness of ATPA in reducing illicit coca cultivation and promoting crop substitution efforts in the Andean countries continued to be small and mostly indirect during 2010 and 2011. Although data were unavailable for 2011, illicit coca cultivation in the Andean region has declined in recent years. Sustained aerial and manual eradication operations in Colombia reduced coca cultivation nearly 15 percent in 2010, while Ecuador remained essentially free of drug-crop cultivation despite being a major transit country for drug trafficking.
Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, Fifteenth Report, 2011 (Inv. No. 332-352, USITC Publication No. 4352, September 2012) is on the USITC's Internet site at www.usitc.gov/publications/332/pub4352.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 requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.
News Release 12-094
Inv. No(s). 332-534
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation into trade and market trends in the renewable energy services sector.
The investigation, Renewable Energy and Related Services: Recent Developments, was requested by the Office of the U.S. Trade Representative (USTR).
The USITC provided reports on trade in this sector to the USTR in 2005. In the request letter, the USTR stated that since the publication of that report, the U.S. and global markets for such services have undergone significant change. The USTR noted that technological improvements and decreasing prices have led to rapid demand growth in the renewable energy services sector, particularly in the wind and solar power segments, but that changes in government incentive programs have created uncertainty regarding the future of the renewable energy market.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will, to the extent practicable:
- define types of renewable energy and related services, identify leading suppliers, and generally describe the relationship of renewable energy services to the development of renewable energy projects worldwide;
- estimate the size of the U.S. and global markets for certain renewable energy services, identify key export and import markets for such services, and describe factors affecting supply and demand;
- examine U.S. and global renewable energy services trade during 2007-2011, and highlight recent trends in investment in renewable energy projects and firms, including new business strategies or practices;
- identify barriers to U.S. trade and investment in renewable energy services, and examine recent efforts to liberalize trade in leading markets for such services; and
- examine the role of clean energy incentive programs in encouraging investment in and creating markets for renewable energy goods and services.
The USITC expects to deliver its report to the USTR by June 28, 2013.
The USITC will hold a public hearing in connection with this at 9:30 a.m. on November 29, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 15, 2012, with the Secretary to the Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record for the report. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted no later than 5:15 p.m. on March 1, 2013. 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 investigation, dated August 27, 2012. Questions about appearances and submissions should be directed to the Office of the Secretary 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 Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the USITC's objective findings and independent analyses on the subject investigated. The USITC makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 12-093
Inv. No(s). 332-533
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation into trade and market trends in the environmental services sector.
The investigation, Environmental and Related Services, was requested by the Office of the U.S. Trade Representative (USTR).
The USITC provided reports on trade in the environmental services sector to the USTR in 2004- 2005. In the request letter, the USTR stated that since the publication of these reports, the U.S. and global markets for such services have undergone significant change. The USTR noted that although overall demand in the environmental services market has continued to rise, factors such as new technologies, tightening government budgets, and growing interest in environmental sustainability have altered the means through which such services are supplied.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will, to the extent practicable:
- estimate the size of the U.S. and global markets for certain environmental and related services, including water and wastewater services, solid and hazardous waste services, and remediation services; identify top suppliers and key country markets for such services; investigate factors affecting supply and demand in these market segments; and highlight market developments that have occurred within the last five years;
- estimate the value of trade and investment in the environmental services segments under investigation, identify key export and import markets for such services, and discuss recent trends in environmental services trade and investment; and
- identify barriers to trade and investment in the environmental services segments under investigation, discuss recent efforts to liberalize trade and investment in environmental services, and investigate the potential impact of further liberalization in environmental services.
The USITC expects to deliver its report to the USTR by March 29, 2013.
The USITC will hold a public hearing in connection with this investigation at 9:30 a.m. on October 22, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on October 4, 2012, with the Secretary to the Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record for this report. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted no later than 5:15 p.m. on October 30, 2012. 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 investigation, dated August 21, 2012. Questions about appearances and submissions should be directed to the Office of the Secretary 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 Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the USITC's objective findings and independent analyses on the subject investigated. The USITC makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 12-090
Inv. No(s). 731-TA-1189 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of large power transformers from Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Deanna Tanner Okun, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Daniel R. Pearson did not participate in this investigation.
As a result of the USITC's affirmative determination, Commerce will issue an antidumping duty order on imports of this product from Korea.
The Commission's public report Large Power Transformers from Korea (Investigation No. 731- TA-1189 (Final), USITC Publication 4346, August 2012) will contain the views of the Commissioners and information developed during the investigation.
Copies may be obtained after July August 30, 2012, 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
Large Power Transformers from Korea
Investigation No. 731-TA-1189 (Final)
Product Description: The product covered by this investigation is large power transformers. The subject merchandise includes large liquid dielectric power transformers (LPTs) having a top electric power handling capacity greater than or equal to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete. The merchandise subject to this investigation is classified for tariff purposes under subheadings 8504.23.00 and 8504.90.95 of the Harmonized Tariff Schedule of the United States (HTS).
Status of Proceedings: 1. Type of investigation: Final antidumping. 2. Petitioners: ABB Inc. (ABB), Cary, NC; Delta Star Inc. (Delta Star), Lynchburg, VA; and Pennsylvania Transformer Technology Inc. (PTTI), Canonsburg, PA. 3. Investigation instituted by USITC: July 14, 2011. 4. USITC hearing: July 10, 2012. 5. USITC vote: August 9, 2012. 6. Scheduled date for USITC notification of Department of Commerce: August 24, 2012. U.S. Industry: 1. Number of producers in 2011: Five. 2. Location of producers' plants: California, Georgia, Missouri, North Carolina, Pennsylvania, Virginia, and Wisconsin. 3. Employment of production and related workers in 2011: 4. Apparent U.S. consumption in 2011: 137,243 (in terms of quantity in megavolt amperes) 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2011: 1/ U.S. Imports: 1. From the subject country during 2011: 1/ 2. From other countries during 2011: 1/ 3. Leading sources during 2011: 1/ __________________________________ 1/ Withheld to avoid disclosure of business proprietary information.
News Release 12-082
Inv. No(s). 332-503
Contact: Peg O'Laughlin, 202-205-1819
Three years after its implementation, the Earned Import Allowance Program (EIAP) is not providing enough incentives to help boost the competitiveness of Dominican apparel exports in the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Third Annual Review.
The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.
The USITC's third annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July xx, 2012. Highlights of the report follow.
- As currently structured, the EIAP has not provided enough incentives to curtail the ongoing declines in the Dominican Republic's production of woven cotton bottoms and exports.
- Although U.S. exports of cotton bottom-weight fabrics grew in 2011, the rate of growth slowed significantly from the first two years of the program.
- The USITC received several recommendations from industry and other sources concerning improvements to the EIAP. The recommendations were the same as those offered during the first and second annual reviews. They included lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; including other types of fabrics and apparel items in the EIAP; and changing the requirement that dyeing, finishing, and printing of eligible fabrics take place in the United States.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Third Annual Review (Investigation No. 332-503, USITC Publication 4340, July 2012) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4340.pdf. A CD-ROM of the report may be requested by e-mailing 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 or trade and are generally conducted at the request of the U.S. Trade Representative, the Senate Committee on Finance, or the House Committee on Ways and Means. 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 investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.