Ecuador Was Sole Remaining Beneficiary Country When ATPA Preferences Expired in 2013

Andean Trade Preference Act (ATPA) imports during 2013 continued to have a negligible overall effect on the U.S. economy and consumers, reports the U.S. International Trade Commission (USITC) in its publication Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, 2013, Sixteenth Report.

ATPA requires the USITC, an independent, nonpartisan, factfinding federal agency, to submit biennial reports to the President and the Congress on the economic impact of the ATPA program on U.S. industries and consumers, and on the effectiveness of the program in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries.

ATPA preferential treatment expired on July 31, 2013. Ecuador is the sole remaining beneficiary country under the ATPA program. Peru and Colombia ceased to be beneficiary countries in 2010 and 2012, respectively, after entering into free trade agreements with the United States.

Since its enactment in 1991, ATPA has had a minimal economic impact on the U.S. economy as a whole and on the great majority of U.S. industries and consumers. This continued to be the case during 2013. If Congress extends the President's authority to provide preferential treatment under ATPA, and if the President continues to designate Ecuador as a beneficiary country, the probable future effect of ATPA on the overall U.S. economy and on U.S. industries is likely to be minimal, given the small share of imports from Ecuador in total U.S. imports.

The USITC estimates that the effect during 2012-13 of ATPA in reducing illicit coca cultivation and promoting crop substitution efforts in Ecuador continued to be small and mostly indirect, given that no significant coca cultivation exists in Ecuador.

Highlights of the report, which focuses on calendar year 2013, follow:

• U.S. imports of $2.6 billion from Ecuador under ATPA preferences during 2013 represented a minor share (0.11 percent) of the total value of U.S. merchandise imports from the world.
• Petroleum and petroleum products dominated the list of leading ATPA imports from Ecuador that benefited exclusively from ATPA, accounting for 92.8 percent of the value of the 20 leading items in 2013. The five leading items benefiting exclusively from ATPA in 2013 were heavy crude oil, fresh cut roses, tuna in airtight containers, light crude oil, and light oil mixtures.
• Duty-free entry of tuna in airtight containers and fresh cut roses from Ecuador provided the largest gains in U.S. consumer welfare. However, these two products also accountedfor the largest losses of U.S. tariff revenues from ATPA preferences.
• The potential relative displacement effect on U.S. producers was small for all 20 leading items analyzed. The analysis indicates that ATPA preferences did not result in a displacement of more than 5 percent of domestic production for any of the 20 ATPA-exclusive products imported from Ecuador.

Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, 2013, Sixteenth Report (Inv. No. 332-352, USITC Publication No. 4486, September 2014) will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4486.pdf. The publication will also be available at federal depository libraries in the United States.

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.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on refined brown aluminum oxide from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's affirmative determination, the existing order on imports of this product from China will remain in place.

All six Commissioners voted in the affirmative.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.

The Commission's public report Refined Brown Aluminum Oxide from China (Inv. No. 731-TA-1022 (Second Review), USITC Publication 4492, October 2014) will contain the views of the Commission and information developed during the review.

The report will be available after October 22, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Refined Brown Aluminum Oxide from China was instituted on February 3, 2014.

On May 9, 2014, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission's vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain loom kits for creating linked articles. The products at issue in this investigation are children's hobby kits used to link together elastic bands to make articles such as bracelets.

The investigation is based on a complaint filed by Choon's Design Inc. of Wixom, MI, on July 1, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain loom kits for creating linked articles that infringe a patent asserted by Choon's Design. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

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

Wangying of Jinhua, Zhejiang, China;
Island In The Sun LLC of Little Rock, AR;
Quality Innovations Inc. of Irwindale, CA;
Yiwu Mengwang Craft & Art Factory of Yiwu City, Zhejiang, China;
Shenzhen Xuncent Technology Co., Ltd., of Shenzhen, Guangdong, China;
Altatac Inc. of Los Angeles, CA;
My Imports USA LLC of Edison, NJ;
Jayfinn LLC of Gilbert, AZ;
Creative Kidstuff, LLC, of Minneapolis, MN;
Hongkong Haoguan Plastic Hardware Co., Limited, of Shenzhen, Guangdong, China;
Blinkee.com, LLC, of Fairfax, CA;
Eyyup Arga of Lodi, NJ; and
Itcoolnomore of Jinhua, Zhejiang, China.

By instituting this investigation (337-TA-923), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light reflectors and components, packaging, and related advertising thereof. The products at issue in this investigation are light reflectors used in indoor and greenhouse gardening.

The investigation is based on a complaint filed by Sunlight Supply, Inc., of Vancouver, WA, and IP Holdings, LLC, of Vancouver, WA, on June 20, 2014. An amended complaint was filed on July 11, 2014. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 by reason of the importation into the United States and sale of certain light reflectors and components, packaging, and related advertising thereof that infringe patents and registered U.S. trademarks asserted by the complainants, and by reason of false advertising. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

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

Sinowell (Shanghai) Co., Ltd., of Shanghai, China;
Sinohydro Ltd. of Hong Kong, China;
Groco Enterprises, LLC, of Bellevue, WA;
Good Nature Garden Supply of Sacramento, CA;
Aqua Serene, Inc., of Eugene, OR;
Aurora Innovations, Inc., of Eugene, OR;
Big Daddy Garden Supply, Inc., of Ukiah, CA;
Bizright, LLC, of City of Industry, CA;
The Hydro Source II, Inc., of Santa Fe Springs, CA;
Insun, LLC, of Bellevue, WA;
Lumz'N Blooms, Ltd. Corp. of Apopka, FL;
Parlux LP of Snohomish, WA;
Silversun, Inc., of Gig Harbor, WA; and
Zimbali Group, Inc., of Bellevue, WA.

By instituting this investigation (337-TA-923), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain communications or computing devices and components thereof. The products at issue in this investigation include smartphones, tablet computers, media players, laptop computers, and other communication and computing-capable consumer electronic devices.

The investigation is based on a complaint filed by Enterprise Systems Technologies, S.a.r.l., of Luxembourg on July 16, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain communications or computing devices and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

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

Apple Inc. of Cupertino, CA;
Cirrus Logic Inc. of Austin, TX;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, L.L.C., of Richardson, TX.

By instituting this investigation (337-TA-925), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain marine sonar imaging systems, products containing the same, and components thereof. The products at issue in this investigation are side-scan, sonar imaging systems-typically referred to as "fishfinders."

The investigation is based on a complaint filed by Johnson Outdoors Inc. of Racine, WI, and Johnson Outdoors Marine Electronics, Inc., of Eufaula, AL, on July 18, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain marine sonar imaging systems, products containing the same, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Garmin International, Inc., of Olathe, KS;
Garmin North America, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS; and
Garmin Corporation of New Taipei City, Taiwan.

By instituting this investigation (337-TA-926), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain noise cancelling headphones and components thereof. The products at issue in this investigation are headphones for personal use with active noise-cancelling capabilities that are used to reduce unwanted ambient noise.

The investigation is based on a complaint filed by Bose Corporation of Framingham, MA, on July 25, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain noise cancelling headphones and components thereof that infringe patents asserted by Bose. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

Beats Electronics, LLC, of Culver City, CA;
Beats Electronics International Ltd. of Dublin, Ireland;
Fugang Electronic (Dong Guan) Co., Ltd., of Dong-Guan, Guang Dong, China; and
PCH International Ltd. of Cork, Ireland.

By instituting this investigation (337-TA-927), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of grain-oriented electrical steel from Germany, Japan, and Poland that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.

Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and F. Scott Kieff voted in the negative. Commissioner Rhonda K. Schmidtlein voted in the affirmative.

As a result of the USITC's negative determinations, no antidumping duty orders will be issued on imports of this product from Germany, Japan, and Poland.

The Commission's public report Grain-Oriented Electrical Steel from Germany, Japan, and Poland (Investigation Nos. 731-TA-1233, 1234, and 1236 (Final), USITC Publication 4491, September 2014) will contain the views of the Commissioners and information developed during the investigations.

The report will be available after October 1, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Grain-Oriented Electrical Steel from China, the Czech Republic, Germany, Japan, Korea, Poland, and Russia
Investigation Nos. 701-TA-505 and 731-TA-1231-1237 (Final)

Product Description: Grain-oriented silicon electrical steel (GOES) is a flat-rolled alloy steel product, with the metallic grains elongated lengthwise along the direction of rolling, of conventional or high magnetic permeability, and is available in either coils or straight lengths. GOES undergoes cutting, punching, coating, and other operations to manufacture laminated electro-magnetic cores for electrical power and distribution transformers. Specifically excluded are flat-rolled products not in coils that, prior to importation into the United States, have been cut to shape and undergone all punching, coating, or other operations necessary for classification as a transformer part (i.e., a laminated core).

Status of Proceedings:

1. Type of investigation:  Final countervailing duty and antidumping.
2. Petitioners:  AK Steel Corp., West Chester, OH; Allegheny Ludlum LLC, Pittsburgh, PA;
       and the United Steel Workers, Pittsburgh, PA. 
3. Investigation instituted by USITC:  September 18, 2013.
4. USITC hearing:  July 24, 2014.
5. USITC vote:  August 27, 2014 (Germany, Japan, and Poland).
6. USITC notification of Department of Commerce:  September 8, 2014.

U.S. Industry:

1. Number of U.S. producers in 2013:  Two.
2. Location of producers' plants:  Ohio and Pennsylvania. 
3. Employment of production and related workers in 2013: (1) 
4. U.S. producers' U.S. shipments in 2013: (1)
5. Apparent U.S. consumption in 2013: (1) 
6. Ratio of subject imports to apparent U.S. consumption in 2013: (1)

U.S. Imports in 2013:

1. From Germany, Japan, and Poland during 2013:  $48.1 million.
2. From China, the Czech Republic, Korea, and Russia during 2013:  $23.3 million.
3. From other countries during 2013:  $6.7 million.
4. Leading sources during 2013:  Japan, the Czech Republic, and China (in terms of total
       value).

(1) Withheld to avoid disclosure of business proprietary information.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof. The products at issue in this investigation are marine sonar imaging devices, including devices to scan underwater at the sides of and beneath boats. These devices are commonly used as fishfinders, fishfinder/GPS combinations, chart plotters, marine multi-function displays, sonar modules and sonar transducers.

The investigation is based on a complaint filed by Navico, Inc., of Tulsa, OK, and Navico Holding AS of Egersund, Norway, on June 9, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain marine sonar imaging devices, including downscan and sidescan devices, and products containing the same, and components thereof, that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Garmin International, Inc., of Olathe, KS;
Garmin North America, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS; and
Garmin (Asia) Corporation of New Taipei City, Taiwan.

By instituting this investigation (337-TA-921), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on steel threaded rod from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's affirmative determination, the existing order on imports of this product from China will remain in place.

All six Commissioners voted in the affirmative.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.

The Commission's public report Steel Threaded Rod from China (Inv. No. 731-TA-1143 (Review), USITC Publication 4483, August 2014) will contain the views of the Commission and information developed during the review.

The report will be available after August 25, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Steel Threaded Rod from China was instituted on March 3, 2014.

On June 6, 2014, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission's vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

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