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News Release 12-054
Inv. No(s). 337-TA-843
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices having a retractable USB connector. The products at issue in this investigation are devices with retractable USB connectors such as cameras, camcorders, digital audio recorders, MP3 players, wireless modems, and flash memory drives.
The investigation is based on a complaint filed by Anu IP LLC of Longview, TX, on April 18, 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 electronic devices having a retractable USB connector that infringe patents asserted by Anu IP. 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:
AIPTEK International, Inc., of Taiwan;
Aluratek, Inc., of Tustin, CA;
Archos S.A. of France;
Archos, Inc., of Greenwood Village, CO;
Bluestar Alliance LLC of New York, NY;
Centon Electronics, Inc., of Aliso Viejo, CA;
Coby Electronics Corporation of Lake Success, NY;
Corsair Memory, Inc., of Fremont, CA;
Emtec Electronics, Inc., of Lew Center, OH;
General Imaging Company of Torrance, CA;
Huawei Technology Company, Ltd., of China;
Iriver, Inc., of Irvine, CA;
JVC Kenwood Corporation of Japan;
JVC Americas Corporation of Wayne, NJ;
Latte Communications, Inc., of San Jose, CA;
Lexar Media, Inc., of Fremont, CA;
Maxell Corporation of America, Inc., of Woodland Park, NJ;
Hitachi Maxell, Ltd., of Japan;
Office Depot, Inc., of Boca Raton, FL;
Olympus Corporation of Japan;
Olympus Corporation of the Americas of Center Valley, PA;
Option NV of Belgium;
Option, Inc., of Alpharetta, GA;
Panasonic Corporation of Japan;
Panasonic Corporation North America of Secaucus, NJ;
Patriot Memory LLC of Fremont, CA;
Provantage LLC of North Canton, OH;
RITEK Corporation of Taiwan;
Advanced Media Inc. d/b/a RITEK U.S.A. of Diamond Bar, CA;
Sakar International, Inc., of Edison, NJ;
Samsung Electronics Co., Ltd., of Republic of Korea;
Samsung Electronics America of Ridgefield, NJ;
Sanyo Electric Co., Ltd., of Japan;
Sanyo North America Corporation of San Diego, CA;
Silicon Power Computer and Comm., Inc., of Taiwan;
Silicon Power Computer and Comm. USA, Inc., of Cupertino, CA;
Supersonic, Inc., of Commerce, CA;
Super Talent Technology Corporation of San Jose, CA;
Toshiba Corporation of Japan;
Toshiba America, Inc., of New York, NY;
ViewSonic Corporation of Walnut, CA;
VOXX International Corporation of Hauppauge, NY;
Audiovox Accessories Corporation of Carmel, IN;
Yamaha Corporation of Japan; and
Yamaha Corporation of America of Buena Park, CA.
By instituting this investigation (337-TA-843), 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 12-048
Inv. No(s). 337-TA-842
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cameras and mobile devices, related software and firmware, and components thereof and products containing the same. The products at issue in this investigation are certain cameras and mobile devices with software and firmware that can be used to combine portions of individual captured images to give a sense of depth to the images.
The investigation is based on a complaint filed by HumanEyes Technologies, Ltd., of Israel, on March 29, 2012. A supplement to the Complaint was filed on April 18, 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 cameras and mobile devices, related software and firmware, and components thereof and products containing the same that infringe patents asserted by HumanEyes. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc., of San Diego, CA;
Sony Mobile Communications AB of the United Kingdom; and
Sony Mobile Communications (USA) Inc. of Atlanta, GA.
By instituting this investigation (337-TA-842), 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 12-047
Inv. No(s). 337-TA-841
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computer and computer peripheral devices and components thereof and products containing same. The products at issue in this investigation are laptop and desktop computers and computer peripheral devices such as media card readers and printers.
The investigation is based on a complaint filed by Technology Properties Limited, LLC, of Cupertino, CA, on March 27, 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 computers and computer peripheral devices and components thereof and products containing same that infringe patents asserted by Technology Properties Limited LLC. 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:
Acer, Inc., of Taiwan;
Brother Industries, Ltd., of Japan;
Canon Inc. of Japan;
Dane-Elec Memory of France;
Dell Inc. of Round Rock, TX;
Falcon Northwest Computer Systems, Inc., of Medford, OR;
Fujitsu Limited of Japan;
Jasco Products Company of Oklahoma City, OK;
Hewlett-Packard Company of Palo Alto, CA;
HiTi Digital, Inc., of Taiwan;
Kingston Technology Company, Inc., of Fountain Valley, CA;
Micron Technology, Inc., of Boise, ID;
Lexar Media, Inc., of Fremont, CA;
Microdia Limited of San Jose, CA;
Newegg Inc. of City of Industry, CA;
Rosewill Inc. of City of Industry, CA;
Sabrent of Chatsworth, CA;
Samsung Electronics Co., Ltd., of Korea;
Seiko Epson Corporation of Japan;
Shuttle Inc. of Taiwan; and
Systemax Inc. of Port Washington, NY.
By instituting this investigation (337-TA-841), 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 12-045
Inv. No(s). 701-TA-479 (Final), 731-TA-1183-1184 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of galvanized steel wire from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and from China and Mexico that Commerce has determined are sold in the United States at less than fair value.
Chairman Deanna Tanner Okun and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson voted in the negative. Vice Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative.
As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued on imports of these products from China and Mexico.
The Commission's public report Galvanized Steel Wire from China and Mexico (Investigation Nos. 701-TA-479 and 731-TA-1183-1184 (Final), USITC Publication 4323, May 2012) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after May 24, 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Galvanized Steel Wire from China and Mexico
Investigation Nos. 701-TA-479 and 731-TA-1183-1184 (Final)
Product Description: The scope of these investigations covers galvanized steel wire, which is a cold-drawn, carbon quality, steel product in coils, of circular or approximately circular, solid cross section with any actual diameter of 0.5842 mm (0.0230 inch) or more, plated or coated with zinc (whether by hot-dipping or electroplating). Galvanized steel wire subject to these investigations is currently classified under Harmonized Tariff Schedule of the United States subheadings 7217.20.30, 7217.20.45, and 7217.90.10.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: Davis Wire Corporation, Irwindale, CA; Johnstown Wire Technologies, Inc.,
Johnstown, PA; Mid-South Wire Company, Inc., Nashville, TN; National Standard,
LLC/DW-National Standard-Niles, LLC, Niles, MI; and Oklahoma Steel & Wire
Company, Inc., Madill, OK.
3. Investigations instituted by the USITC: March 31, 2011.
4. USITC hearing: March 22, 2012.
5. USITC vote: April 23, 2012.
6. Scheduled date for USITC notification of Department of Commerce: May 3, 2012.
U.S. Industry:
1. Number of producers in 2011: 10.
2. Location of producers' plants: Alabama, Arkansas, California, Colorado, Florida, Illinois,
Iowa, Kentucky, Michigan, Missouri, Ohio, Oklahoma, Pennsylvania, Tennessee, and
Washington.
3. Employment of production and related workers in 2011: 815.
4. Apparent U.S. consumption in 2011: $792,727,000.
5. Ratio of the value of subject imports to total U.S. consumption in 2011: 14.0 percent.
U.S. Imports:
1. Total value of imports during 2011: $202,320,000.
2. Leading sources during 2011: Mexico, Canada, and China (in terms of total value).
News Release 12-044
Inv. No(s). 731-TA-1186-1187 (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 certain stilbenic optical brightening agents from China and Taiwan that the U.S. Department of Commerce (Commerce) has determined are 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 duty orders on imports of these products from China and Taiwan.
The Commission's public report Certain Stilbenic Optical Brightening Agents from China and Taiwan (Investigation Nos. 731-TA-1186-1187 (Final), USITC Publication 4322, May 2012) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after May 23, 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Stilbenic Optical Brightening Agents from China and Taiwan
Investigation Nos. 731-TA-1186 1187 (Final)
Product Description: These investigations cover certain stilbenic optical brightening agents (CSOBAs), which are synthetic organic chemicals used to increase the brightness of paper and other materials. CSOBAs are derivatives of 4-4'-bis[1,3,5-triazin-2-yl] amino-2-2'- stilbenedisulfonic acid. CSOBAs are classified under HTS subheading 3204.20.80, but may also be imported under HTS subheadings 2921.59.40, 2921.59.80, and 2933.69.60.
Status of Proceedings: 1. Types of investigations: Final antidumping. 2. Petitioner: Clariant Corp., Charlotte, NC. 3. Petition filed with USITC: March 31, 2011. 4. USITC hearing: March 15, 2012. 5. USITC vote: April 19, 2012. 6. USITC determinations due to the U.S. Department of Commerce: May 2, 2012. U.S. Industry: 1. Number of U.S. firms involved in production of CSOBAs in 2011: Three. 2. Location of producers' plants: Alabama and South Carolina. 3. Employment of production and related workers in 2011: (1) 4. U.S. producers' shipments in 2011: (1) 5. U.S. apparent consumption in 2011: (1) 6. Ratio of quantity of total imports to U.S. production in 2011: (1) U.S. Imports: 1. Total imports in 2011: (1) 2. Total subject imports from China and Taiwan in 2011: (1) 3. Total non-subject imports in 2011: (1)
(1) Withheld to avoid disclosure of business proprietary information.
News Release 12-043
Inv. No(s). 731-TA-1185 (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 certain steel nails from the United Arab Emirates that the U.S. Department of Commerce (Commerce) has determined are 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 duty orders on imports of these products from the United Arab Emirates.
The Commission's public report Certain Steel Nails from the United Arab Emirates (Investigation No. 731-TA-1185 (Final), USITC Publication 4321, May 2012) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after May 23, 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Steel Nails from the United Arab Emirates
Investigation No. 731-TA-1185 (Final)
Product Description: The imported products subject to this investigation are certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Certain steel nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this investigation are currently classified under Harmonized Tariff Schedule of the United States subheadings 7317.00.55, 7317.00.65, and 7317.00.75. A number of specific types of nails are excluded from this investigation, primarily certain types of roofing nails, and certain nails for use in powder- actuated or gas-actuated hand tools.
Status of Proceedings:
1. Type of investigation: Final antidumping.
2. Petitioner: Mid Continent Nail Corporation, Poplar Bluff, Missouri.
3. Investigation instituted by USITC: March 31, 2011.
4. USITC hearing: March 20, 2012.
5. USITC vote: April 19, 2012.
6. Scheduled date for USITC notification of Department of Commerce: May 2, 2012.
U.S. Industry:
1. Number of U.S. producers: 12.
2. Location of producers' plants: Arkansas, California, Colorado, Connecticut, Illinois,
Indiana, Massachusetts, Missouri, Ohio, Rhode Island, Texas, and Wisconsin.
3. Employment of production and related workers in 2011: 506.
4. Apparent U.S. consumption in 2011: $776,423,000.
5. Ratio of the value of imports from the United Arab Emirates to total U.S. consumption in
2011: 16.8 percent.
U.S. Imports:
1. Total value of imports during 2011: $592,634,000.
2. Leading sources during 2011: China, United Arab Emirates, Taiwan, and Korea (in terms of
total value).
News Release 12-042
Inv. No(s). 337-TA-839
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain consumer electronics, including mobile phones and tablets.
The investigation is based on a complaint filed by Pragmatus AV, LLC, of Alexandria, VA, on March 13, 2012, and a letter supplementing the complaint filed on March 30, 2012. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain consumer electronics, including mobile phones and tablets, that infringe patents asserted by Pragmatus. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
ASUSTeK Computer, Inc., of Taiwan;
ASUS Computer International, Inc., of Fremont, CA;
HTC Corporation of Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of South Korea;
LG Elctronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Pantech Co., Ltd., of South Korea;
Pantech Wireless, Inc., of Atlanta, GA;
Research In Motion Ltd. of Canada;
Research In Motion Corp. of Irving, TX;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Telecommunications America, L.L.C., of Richardson, TX.
By instituting this investigation (337-TA-839), 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 12-041
Inv. No(s). 701-TA-478 (Final), 731-TA-1182 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of certain steel wheels 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 negative.
As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued on imports of these products from China.
The Commission's public report Certain Steel Wheels from China (Investigation Nos. 701-TA- 478 and 731-TA-1182 (Final), USITC Publication 4319, April 2012) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after May 21, 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Steel Wheels from China
Investigation Nos. 701-TA-478 and 731-TA-1182 (Final)
Product Description: These investigations cover steel wheels with a wheel diameter of 18 to 24.5 inches. Rims and discs for such wheels are included, whether imported as an assembly or separately. These products are used with both tubed and tubeless tires. Steel wheels, whether or not attached to tires or axles, are included. However, if the steel wheels are imported as an assembly attached to tires or axles, the tire or axle is not covered by the scope. The scope includes steel wheels, discs, and rims of carbon and/or alloy composition and clad wheels, discs, and rims when carbon or alloy steel represents more than fifty percent of the product by weight. The scope includes wheels, rims, and discs, whether coated or uncoated, regardless of the type of coating. Certain steel wheels are classifiable in the Harmonized Tariff Schedule of the United States under subheading 8708.70 (covering road wheels for motor vehicles and parts and accessories of such wheels). Subject wheels for tractors are provided for in subheadings 8708.70.05 (agricultural) and 8708.70.25 (other tractors); parts and accessories for such wheels are provided for in subheadings 8708.70.15 and 8708.70.35, respectively. Subject wheels for vehicles other than tractors are provided for in subheading 8708.70.45 and are imported under statistical reporting number 8708.70.4530. Parts and accessories for such wheels are provided for in subheading 8708.70.60 and are imported under statistical reporting numbers 8708.70.6030 (wheel rims), 8708.70.6045 (wheel covers), or 8708.70.6060 (other parts of road wheels).
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: Accuride Corp., Evansville, IN; and Hayes Lemmerz International, Inc.,
Northville, MI.
3. Investigations instituted by USITC: March 30, 2011.
4. USITC hearing: March 8, 2012.
5. USITC vote: April 17, 2012.
6. USITC notification of Department of Commerce: April 30, 2012.
U.S. Industry:
1. Number of U.S. producers: 5.
2. Location of producers' plants: Illinois, Iowa, Kansas, Kentucky, Ohio, and Missouri.
3. Employment of production and related workers in 2010: (1)
4. U.S. producers' U.S. shipments in 2010: (1)
5. Apparent U.S. consumption in 2010: (1)
6. Ratio of subject imports from China to apparent U.S. consumption in 2010: (1)
U.S. Imports in 2010:
1. Quantity of subject imports from China: (1)
2. Value of subject imports from China: (1)
(1) Withheld to avoid disclosure of business proprietary information.
News Release 12-040
Inv. No(s). 701-TA-477 (Final), 731-TA-1180-1181 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of bottom mount refrigerator-freezers from Korea that the U.S. Department of Commerce (Commerce) has determined are subsidized and from Korea and Mexico that Commerce has determined are sold in the United States at less than fair value.
Vice Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the negative. Chairman Deanna Tanner Okun did not participate in these investigations.
As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued on imports of these products from Korea and Mexico.
The Commission's public report Bottom Mount Refrigerator-Freezers from Korea and Mexico (Investigation Nos. 701-TA-477 and 731-TA-1180-1181 (Final), USITC Publication 4318, April 2012) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after May 21, 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.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Bottom Mount Combination Refrigerator-Freezers from Korea and Mexico
Investigation Nos. 701-TA-477 and 731-TA-1180-1181 (Final)
Product Description: This investigation covers bottom mount combination refrigerator-freezers from Korea and Mexico. A bottom mount combination refrigerator-freezer for the purpose of these investigation denotes freestanding or built-in cabinets that have an integral source of refrigeration using compression technology. A bottom mount combination refrigerator-freezer contains a compartment that is capable of storing food at temperatures above 32 degrees Fahrenheit (0 degrees Celsius), a freezer compartment capable of storing food at temperatures at or below 32 degrees Fahrenheit (0 degrees Celsius), and a convertible compartment that is capable of operating as either a refrigerator compartment or a freezer compartment, as defined above. The products subject to the investigation are currently classifiable under subheadings 8418.10.0010, 8418.10.0020, 8418.10.0030, and 8418.10.0040 of the Harmonized Tariff System of the United States ("HTS"). Products subject to the investigation may also enter under subheadings 8418.21.0010, 8418.21.0020, 8418.21.0030, 8418.21.0090, and 8418.99.4000, 8418.99.8050, 8418.99.8060.
Status of Proceedings: 1. Type of investigations: Final antidumping and countervailing duty. 2. Petitioner: Whirlpool Corp. 3. Investigations instituted by USITC: April 6, 2011. 4. USITC hearing: March 13, 2012. 5. USITC vote: April 17, 2012. 6. USITC notification of Department of Commerce: May 9, 2012. U.S. Industry: 1. Number of U.S. producers: 5. 2. Location of producers' plants: Iowa, Wisconsin, Mississippi, South Carolina, Tennessee. 3. Employment of production and related workers of bottom mount combination refrigerator-freezers in 2011: (1) 4. U.S. producers' U.S. shipments of bottom mount combination refrigerator-freezers in 2011: (1) 5. Apparent U.S. consumption of bottom mount combination refrigerator-freezers in 2011: (1) 6. Ratio of subject imports from Korea and Mexico to apparent U.S. consumption in 2011: (1) U.S. Imports in 2011: 1. Quantity of subject imports from Korea and Mexico: (1) 2. Value of subject imports from Korea and Mexico: (1)
(1) Withheld to avoid disclosure of business proprietary information.
News Release 12-039
Inv. No(s). 337-TA-838
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food waste disposers and components and packaging thereof. The products at issue in this investigation are undersink-mounted food waste disposers.
The investigation is based on a complaint filed by Emerson Electric Co. of St. Louis, MO, on March 16, 2012. A letter supplementing the complaint was filed on March 29, 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 food waste disposers and components and packaging thereof by reason of design patent infringement, registered trademark and common law trademark infringement, trade dress infringement, passing off and trademark dilution. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified Anaheim Manufacturing Company of Brea, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-838), 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.