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News Release 12-006
Inv. No(s). 337-TA-826
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric firelplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same. The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace.
The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL, and TS Investment Holding Corp. of Miami, FL, on December 13, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract. The complainants request that the USITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.
The USITC has identified the following as respondents in this investigation:
Shenzhen Reliap Industrial Co. of China;
Yue Qiu Sheng (aka Jason Yue) of China; and
Whalen Furniture Manufacturing Inc. of San Diego, CA.
By instituting this investigation (337-TA-826), the USITC has not yet made any decision on the merits of the case. However, the USITC has determined to consolidate this investigation with a related investigation (337-TA-791). The USITC's Chief Administrative Law Judge will assign the consolidated 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 consolidated investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a new 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 12-004
Inv. No(s). 337-TA-824
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain Blu-ray disc players, components thereof, and products containing same. The products at issue in this investigation are Blu-ray disc players that incorporate features known as BD-Live (Profile 2.0) and/or BonusView (Profile 1.1).
The investigation is based on a complaint filed by Walker Digital, LLC of Stamford, CT, on December 2, 2011. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. 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 Blu-ray disc players, components thereof, and products containing same that infringe a patent asserted by Walker Digital. 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:
D&M Holdings, Inc., of Japan;
D&M Holdings US, Inc., of Mahwah, NJ;
Denon Electronics (USA) LLC of Mahwah, NJ;
Funai Electric Co., Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
Haier Group Corporation of China;
Haier America Trading, LLC, of New York, NY;
Harman International Industries, Inc., of Stamford, CT;
Inkel Corporation of South Korea;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Marantz America LLC of Mahwah, NJ;
Onkyo Sound & Vision Corporation of Japan;
Onkyo USA Corporation of Upper Saddle River, NJ;
Orion America, Inc., of Princeton, NJ;
Orion Electric Co., Ltd., of Japan;
Panasonic Corporation of Japan;
Panasonic Corporation of North America of Seacaucus, NJ;
P&F USA, Inc., of Alpharetta, GA;
Philips Electronics North America Corp. of Andover, MA;
Pioneer Corporation of Japan;
Pioneer Electronics (USA) Inc. of Long Beach, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Sharp Corporation of Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sherwood America, Inc., of La Mirada, CA;
Sony Corporation of Japan;
Sony Computer Entertainment, Inc., of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc., of San Diego, CA;
Sony Computer Entertainment America LLC of Foster City, CA;
Toshiba Corporation of Japan;
Toshiba America Information Systems, Inc., of Irvine, CA; and
VIZIO, Inc., of Irvine, CA.
By instituting this investigation (337-TA-824), 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 12-002
Inv. No(s). 337-TA-823
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain kinesiotherapy devices and components thereof.
The investigation is based on a complaint filed by Standard Innovation Corporation of Canada and Standard Innovation (US) Corp. of Alexandria, VA, on December 2, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain kinesiotherapy devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
LELO Inc. of San Jose, CA;
Leloi AB of Sweden;
LELO of China;
Natural Contours Europe of the Netherlands;
Momentum Management, LLC, a.k.a. Bushman Products of Torrance, CA;
Evolved Novelties, Inc., of Canoga Park, CA;
Nalpac Enterprises, Ltd. d/b/a Nalpac, Ltd., of Ferndale, MI;
E.T.C., Inc. d/b/a Eldorado Trading Company, Inc., of Broomfield, CA;
Williams Trading Co., Inc., of Pennsauken, NJ;
Honey's Place, Inc., of San Fernando, CA;
Lover's Lane & Co. of Plymouth, MI;
PHE, Inc. d/b/a/ Adam & Eve of Hillsborough, NC;
Castle Megastore Group, Inc., of Tempe, AZ;
Shamrock 51 Management Company, Inc., of Maitland, FL;
Paris Intimates, LLC, of West Bloomfield, MI;
Drugstore.com, Inc., of Bellevue, WA;
Peekay, Inc., of Auburn, WA;
Mile Inc. d/b/a Lion's Den Adult of Worthington, OH;
Marsoner, Inc. d/b/a Fascinations of Chandler, AZ;
Love Boutique-Vista, LLC d/b/a Deja vu of Vista, CA; and
Toys in Babeland LLC of Seattle, WA.
By instituting this investigation (337-TA-823), 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 12-001
Inv. No(s). 337-TA-822
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits, chipsets, and products containing same including televisions. The products at issue in this investigation are integrated circuits ("ICs" or "chips") with on-die termination circuitry.
The investigation is based on a complaint filed by Freescale Semiconductor, Inc., of Austin, TX, on December 1, 2011. 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 circuits, chipsets, and products containing same including televisions that infringe patents asserted by Freescale. 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:
MediaTek Inc. of Taiwan;
Zoran Corporation of Sunnyvale, CA;
Vizio, Inc., of Irvine, CA;
Sanyo Electric Co., Ltd., of Japan;
Sanyo North America Corporation of San Diego, CA;
Sanyo Manufacturing Corporation of Forrest City, AR;
TPV Technology Limited of Hong Kong;
TPV International (USA) Inc. of Austin, TX;
Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan;
Top Victory Electronics (Fujian) Co., Ltd. of China;
AOC International (USA) Ltd. of Fremont, CA;
Envision Peripherals, Inc., of Fremont, CA;
Amtran Technology Co., Ltd., of Taiwan; and
Amtran Logistics, Inc., of Irvine, CA.
By instituting this investigation (337-TA-822), 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.
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News Release 13-042
Inv. No(s). 332-533
Contact: Peg O'Laughlin, 202-205-1819
But Removal of Barriers on "Related" Services May Increase Trade in the Sector
There are few trade barriers that apply specifically to the provision of core environmental services, but the removal of barriers affecting "related" services including architectural, engineering, and construction services, among others could increase trade in the environmental services sector, reports the U.S. International Trade Commission in its publication Environmental and Related Services.
The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative.
In the request letter, the USTR stated that since the 2004-2005 publication of USITC reports on trade in the environmental services sector, 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. The USTR asked the USITC to provide updated information "to assist us in better understanding recent developments in the environmental services ... sector."
As requested, the report provides estimates of the U.S. and global markets for, and discusses barriers to, trade and investment in three core environmental services industries: water and wastewater services, solid and hazardous waste management services, and remediation services. The report also examines the critical role of several related services. Highlights of the report follow.
- Between 2000 and 2010, revenues in the global environmental services market increased by 41 percent to $505.5 billion. Water and wastewater services accounted for 49 percent of the market in 2010, solid and hazardous waste services accounted for 32 percent, and remediation services accounted for 8 percent.
- The United States accounted for the largest share of the global environmental services market in 2010 (38 percent), followed by Western Europe (28 percent) and Japan (11 percent). Developing countries accounted for a very small share of the global market.
- While environmental services markets have grown in recent years due to factors such as population growth, increasing economic activity, regulation, and rising environmental awareness, trade continues to account for a very small share of revenues in these markets.
- The United States ran persistent trade deficits in water and wastewater services and solid and hazardous waste services during 2000-2010. In 2010, these deficits were approximately $2.4 billion for water and wastewater services, and $352 million for solid and hazardous waste services. By contrast, the United States posted a $245 million trade surplus in remediation services in 2010.
- Trade barriers affecting environmental services primarily include general investment restrictions and measures that impede the provision of related services.
- Results from a gravity model estimated by the USITC suggest that the reduction of certain regulations on architectural, engineering, electricity, and transportation services is associated with a substantial increase in sales by environmental services firms operating abroad.
Environmental and Related Services (Investigation No. 332-533, USITC Publication 4389, March 2013), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4389.pdf. A CD-ROM of the report may be requested by emailing pubrequest@usitc.gov, calling 2202-205-2000, or contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.
USITC general factfinding investigations, such as this one, cover matters related to tariffs and trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analysis on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requestor. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.
News Release 13-034
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Altivia Jackson has been designated as the Director of the Office of Equal Employment Opportunity at the USITC.
Jackson will manage the USITC’s equal employment opportunity, diversity, and inclusion programs and policies. She will advise the Chairman, the Commission, and USITC managers on all EEO issues.
Jackson comes to the USITC from the Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, where she served as the Director of the Office of Equal Employment Opportunity and Diversity Advancement. She began her EEO career with the Department of the Army in 1998 when she graduated from the Department of Defense Equal Opportunity Management Institution’s Equal Opportunity Advisor’s Course. In 2007, she joined the Department of Agriculture’s Rural Development Civil Rights staff as an EEO specialist. She later served as the Deputy EEO Officer for the Department of the Navy’s Navy Air Warfare Aircraft Division at Patuxent River Naval Air Station. She retired from the U.S. Army after a 21-year career.
Jackson holds a bachelor of arts degree in human resource administration from Saint Leo University; a master of arts degree in human resource management from Webster University; and a master of science in administration degree with a concentration in leadership from Central Michigan University.
The U.S. International Trade Commission (USITC) is an independent, nonpartisan, factfinding federal agency that makes determinations concerning the impact of imports and their potential injury on domestic companies. The USITC staff includes experts who analyze virtually every commodity imported into the United States. The USITC provides data on international trade to the President, Congress, other federal agencies, and the public.
News Release 13-035
Inv. No(s). 337-TA-876
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microelectromechanical systems (“MEMS devices”) and products containing same. The products at issue in this investigation are microscopic sensors embedded in portable consumer electronics devices, such as smart phones and video game controllers, in order to detect how the user is tilting, rotating, or otherwise moving the device.
The investigation is based on a complaint filed by STMicroelectronics, Inc. of Coppell, TX, on March 11, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and sale of certain microelectromechanical systems (“MEMS devices”) and products containing same that infringe patents asserted by STMicroelectronics. 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:
InvenSense, Inc., of Sunnyvale, CA;
Roku, Inc., of Saratoga, CA; and
Black & Decker (U.S.), Inc., of New Britain, CT.
By instituting this investigation (337-TA-876), 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 one or more evidentiary hearings. 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 13-036
Inv. No(s). 337-TA-877
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain omega-3 extracts from marine or aquatic biomass and products containing the same. The products at issue in this investigation are various supplement products containing krill oil and other marine or aquatic based products containing omega-3 fatty acids.
The investigation is based on a complaint filed by Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc., both of Quebec, Canada, on January 29, 2013. An amended complaint was filed on March 21, 2013. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain omega-3 extracts from marine or aquatic biomass 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:
Aker BioMarine AS of Oslo, Norway;
Aker BioMarine Antarctic USA, Inc., of Issaquah, WA;
Aker BioMarine Antarctic AS of Stamsund, Norway;
Enzymotec Limited of K’far Baruch, Israel;
Enzymotec USA, Inc., of Morristown, NJ;
Olympic Seafood AS of Fosnavåg, Norway;
Olympic Biotec Ltd. of Richmond, New Zealand;
Avoca, Inc., of Merry Hill, NC;
Rimfrost USA, LLC, of Merry Hill, NC; and
Bioriginal Food & Science Corp. of Saskatoon, Canada.
By instituting this investigation (337-TA-877), 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 13-037
Inv. No(s). 337-TA-878
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 placeshifting or display replication functionality and products containing the same. The products at issue in this investigation are electronic devices having placeshifting or display replication functionality that allows users to view and listen to live, recorded, or stored content, such as a recorded television program, on a remote device.
The investigation is based on a complaint filed by Sling Media, Inc., of Foster City, CA, on March 12, 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 electronic devices having placeshifting or display replication functionality and products containing the same that infringe patents asserted by Sling Media. 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:
Belkin International, Inc., of Playa Vista, CA;
Monsoon Multimedia, Inc., of San Mateo, CA; and
C2 Microsystems, Inc., of San Jose, CA.
By instituting this investigation (337-TA-878), 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 13-038
Inv. No(s). TA-131-037 and TA-2104-029
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for newly initiated investigations into the probable economic effect of duty-free imports under a U.S.-EU Transatlantic Trade and Investment Partnership Agreement.
The investigations, U.S.-EU Transatlantic Trade and Investment Partnership Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports, were requested by the Acting United States Trade Representative (USTR) in a letter received on March 26, 2013.
As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of products from all of the European Union (EU) member states on industries in the United States producing like or directly competitive articles and on consumers. In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States for which tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the 2013 Harmonized Tariff Schedule nomenclature and trade data for the year 2012. The advice will assume that any known U.S. non-tariff barrier will not be applicable to such imports, and the USITC will note in its report any instance in which the continued application of a U.S. non-tariff barrier would result in different advice with respect to the effect of the removal of the duty.
In addition, as requested, the USITC will prepare an assessment of the probable economic effect of eliminating tariffs on imports from all of the EU member states of certain agricultural products on U.S. industries producing the product concerned and the U.S. economy as a whole. A list of the products is attached to the USTR's request letter.
The USITC expects to submit its report, which will be confidential, to the USTR by September 26, 2013.
The USITC is seeking input for these investigations from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.
The USITC will hold a public hearing in connection with the investigations on June 5, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 16, 2013, 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 June 18, 2013. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigations and appropriate submissions is available in the USITC's notice of investigation, dated April 18, 2013, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or at 202-205-2000.