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News Release 13-039
Inv. No(s). 337-TA-879
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment systems and components thereof. The products at issue in this investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.
The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc. of San Diego, CA, and ResMed Ltd. of Bella Vista NWS, Australia, on March 28, 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 sleep-disordered breathing treatment systems and components thereof 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:
Apex Medical Corp. of New Taipei City, Taiwan;
Apex Medical USA Corp. of Brea, CA; and
Medical Depot Inc., d/b/a Drive Medical Design & Manufacturing of Port Washington, NY.
By instituting this investigation (337-TA-879), 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 13-041
Inv. No(s). 337-TA-880
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain linear actuators. The products at issue in this investigation are linear actuators that are used in seating and reclining furniture to power operation of a footrest.
The investigation is based on a complaint filed by Okin America, Inc., of Frederick, MD, and Dewert Okin GmbH of Kirchlengern, Germany, on April 3, 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 linear actuators 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 the following as respondents in this investigation:
Changzhou Kaidi Electrical Co. Ltd. of Changzhou, China; and
Kaidi LLC of Eaton Rapids, MI.
By instituting this investigation (337-TA-880), 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 13-026
Inv. No(s). 332-528
Contact: Peg O'Laughlin, 202-205-1819
Exports Made Up 7% of Total U.S. Used Electronic Product Sales
Because it is the world's largest market for new electronic products, the United States generates significant amounts of used electronic products, feeding a large used electronic product (UEP) market, reports the U.S. International Trade Commission (USITC) in its publication Used Electronic Products: An Examination of U.S. Exports.
The USITC estimates that in 2011, domestic sales of these products were valued at $19.2 billion and U.S. exports were valued at $1.45 billion, according to the report.
The USITC recently concluded the investigation for the U.S. Trade Representative. The report is based on data collected through a nationwide survey of 5,200 refurbishers, recyclers, brokers, information technology asset managers, and other handlers of used electronic products. It covers the year 2011 and focuses on audio and visual equipment, computers and peripheral equipment, digital imaging devices, telecommunication equipment, and component parts of these products.
The report provides an overview of the U.S. UEP industry, including information on domestic UEP collection, the share of goods that are refurbished compared to the share of goods that are recycled, and the characteristics of exported products. The report also provides information on the types of enterprises that export UEPs and those that import these products from the United States, and it examines the factors that affect trade in these products. Highlights of the report follow.
- UEPs are collected from consumers and businesses, then sorted by value. They are then either refurbished and resold as working electronic equipment, or they are disassembled into working parts or scrap commodities (metals, plastics, and glass) that are resold as manufacturing inputs in the United States and abroad.
- U.S. enterprises valued total domestic UEP sales at $19.2 billion in 2011, with U.S. exports totaling an additional $1.45 billion, or 7 percent of the enterprises' total sales.
- The top five destinations for U.S. UEP exports in 2011 were a group of Asia-Pacific countries (primarily Korea and Japan), Mexico, India, Hong Kong, and China, accounting for 74 percent of exports. Just over half of U.S. UEP exports were shipped to countries that are members of the Organisation for Economic Cooperation and Development (OECD).
- Whole equipment for reuse accounted for the largest share of U.S. exports by value in 2011, and tested and working products represented the majority of U.S. exports of whole UEPs.
- Refurbishing and repair enterprises accounted for the largest share of U.S. exporters of UEPs by value, followed by enterprises involved in wholesaling, brokering, or retailing.
- Measured by end-use of the products, commodity materials intended for smelting or refining accounted for the largest share of U.S. exports by weight (43 percent) in 2011.
- U.S. regulations in place in 25 states generally reduce exports by requiring electronics manufacturers to collect used products for recycling. Industry certification programs also likely serve to limit U.S. exports of UEPs. In contrast, limited U.S. capacity to process UEPs in two segments of the industry cathode ray tube (CRT) glass and final smelting create incentives to export CRT monitors, CRT glass, and circuit boards destined for smelting to retrieve precious metals.
- In developing countries, demand for UEPs exported from the United States is strong, but the Basel Convention and some country regulations may limit such exports, since many developing countries agree not to import nonworking UEPs from OECD member countries.
Used Electronic Products: An Examination of U.S. Exports (Investigation No. 332-528, USITC Publication 4379, February 2013), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4379.pdf. A CD-ROM of the report may be requested by emailing pubrequest@usitc.gov, calling 202-205-2000, or contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed at 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 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 requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 13-028
Inv. No(s). 337-TA-873
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit devices and products containing the same. The products at issue in this investigation are mobile smartphones containing certain types of integrated circuits.
The investigation is based on a complaint filed by Tela Innovations, Inc., of Los Gatos, CA, on February 8, 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 integrated circuit devices and products containing the same that infringe patents asserted by Tela Innovations. 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:
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;
Motorola Mobility LLC, of Libertyville, IL;
Nokia Corporation (Nokia Oyj), of Espoo, Finland;
Nokia, Inc., of Sunnyvale, CA;
Pantech Co., Ltd., of Seoul, Republic of Korea; and
Pantech Wireless, Inc., of Atlanta, GA.
By instituting this investigation (337-TA-873), 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 13-029
Inv. No(s). 332-536
Contact: Peg O'Laughlin, 202-205-1819
Extending duty-free treatment under the Information Technology Agreement (ITA) to certain information and communications technology products would likely increase U.S. export opportunities to ITA member countries, reports the U.S. International Trade Commission (USITC) in its study The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part 2.
The elimination of tariffs through the original ITA is widely credited with increasing global trade flows, promoting increased business and manufacturing efficiency, and enhancing overall competitiveness. Extending duty-free treatment to additional information and communications technology products and innovations is likely to benefit U.S. exporters, according to the report.
The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR). The report is the second of two reports delivering advice and information on the expansion of the ITA.
As requested, the report covers a draft list of products, compiled by the USTR and included with his request letter, that could be considered for duty free treatment under the ITA. The investigation identifies, for each product on the list, tariffs in major markets, major producing countries, leading U.S. export markets, and leading sources of U.S. imports. The report also examines the benefits to the U.S. economy of ITA expansion and provides an overview of key selected subsectors, including information on increased market access opportunities and export opportunities for products in those subsectors. Highlights of the report follow.
- The most frequently occurring major U.S. export markets for products on the list were the European Union (EU), Canada, Mexico, China, and Japan. These same countries were also the most common major suppliers of U.S. imports of the products on the list. With the exception of Mexico, all are ITA members.
- Products on the list face tariffs of between zero and 35 percent in major export markets.
- The report profiles five subsectors to illustrate the potential for increased market access opportunities for U.S. firms as a result of ITA expansion: multi-component integrated circuits, medical devices, relay and industrial control equipment, optical media, and loudspeakers and headsets.
The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part 2 (Inv. No. 332-536, USITC publication 4382, February 2012) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4382.pdf.
The report may be requested by emailing pubrequest@usitc.gov, by calling 202-205-2000, or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.
USITC general factfinding investigations, such as this 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 reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 13-030
Inv. No(s). 701-TA-489 and 731-TA-1201 (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 drawn stainless steel sinks 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 Commission's public report Drawn Stainless Steel Sinks from China (Investigation Nos. 701-TA-489 and 731-TA-1201 (Final), USITC Publication 4390, April 2013) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after April 25, 2013, by emailing pubrequest@usitc.gov, by 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
Drawn Stainless Steel Sinks from China
Investigation Nos. 701-TA-489 and 731-TA-1201 (Final)
Product Description: Drawn stainless steel sinks are characterized by a seamless basin and rim, shaped by forming (drawing), punching, and stamping operations from a single stainless steel sheet blank. The stainless steel surfaces of drawn sinks provide a combination of strength, light weight, flexibility, toughness, stain and heat resistance, easy maintenance, and aesthetic appeal particularly for their most common end-use application in residential kitchens. Whether consisting of only a single basin or of multiple basins joined together, these sinks are available in two different mounting configurations: for top (drop-in) mounting above the countertop, undermounting beneath the countertop, or dual (suitable for either) mounting configuration.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioner: Elkay Manufacturing Company, Oak Brook, IL.
4. USITC hearing: February 21, 2013.
5. USITC vote: March 21, 2013.
6. USITC notification of Department of Commerce: April 4, 2013.
U.S. Industry:
1. Number of U.S. producers in 2011: 7.
2. Location of producers' plants: Arkansas, Delaware, Illinois, Louisiana, New York, North
Carolina, Pennsylvania, and Utah.
3. Employment of production and related workers in 2011: (1)
4. U.S. producers' U.S. shipments in 2011: (1)
5. Apparent U.S. consumption in 2011: $301.4 million.
6. Ratio of subject imports to apparent U.S. consumption in 2011: 39.5 percent.
U.S. Imports in 2011:
1. From the subject country during 2011: $119.1 million.
2. From other countries during 2011: (1)
3. Leading sources during 2011: China and Mexico (in terms of total value).
(1) Withheld to avoid disclosure of business proprietary information.
News Release 13-022
Inv. No(s). 332-540
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched the second of two investigations into the role of digital trade in the U.S. and global economies.
The investigation, Digital Trade in the U.S. and Global Economies, Part 2, is the second report of two requested by the Committee on Finance, U.S. Senate, in a letter received on December 14, 2012.
In its letter requesting the investigations, the Committee stated: "Digital trade has increased rapidly in recent years and is an increasingly important activity within the global economy. ...[P]olicymakers are facing unprecedented challenges as they seek to ensure that digital trade remains open while producers' and consumers' data remain secure."
As requested, the USITC will deliver two reports to the Committee. The first investigation, Digital Trade in the U.S. and Global Economies, Part I, was instituted on January 7, 2013.
In the second investigation, the USITC, an independent, nonpartisan, factfinding federal agency, will conduct a survey of U.S. firms in selected industries particularly involved in digital trade. The second report will build on the first report to:
- estimate the value of U.S. digital trade and the potential growth of this trade;
- examine the broader linkages and contributions of digital trade to the U.S. economy;
- present case studies that examine the importance of digital trade to selected U.S. industries that use or produce such goods and services; and
- examine the effect of notable barriers to digital trade on selected industries and the broader U.S. economy.
The USITC expects to deliver the second report to the Committee by July 14, 2014.
For the purposes of these reports, "digital trade" encompasses commerce in products and services delivered over digital networks. Examples include software, digital media files (e.g., e-books and digital audio files), and services such as data processing and hosting. The report will also examine how other industries, such as financial services and retailing, make use of digital products and services for production and trade.
The USITC will hold a public hearing in connection with this at 9:30 a.m. on March 7, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on February 28, 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 for these investigations should be addressed to the Secretary at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on March 21, 2014. 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 January 8, 2013, and February 19, 2013, 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 these, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 13-023
Inv. No(s). 337-TA-870
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic bark control collars. The products at issue in this investigation are electronic dog collars that sense a dog's bark and use various mechanisms (for example, electrostatic or ultrasonic pulse) to control the dog's barking.
The investigation is based on a complaint filed by Radio Systems Corporation of Knoxville, TN, on January 14, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 through the importation into the United States and sale of certain electronic bark control collars that infringe a patent asserted by Radio Systems Corporation. The complainant requests that the USITC issue a temporary exclusion order and a temporary cease and desist order, and a permanent exclusion order and a permanent cease and desist order.
The USITC has identified Sunbeam Products, Inc., d/b/a Jarden Consumer Solutions, of Boca Raton, FL, as the respondent in this investigation.
By instituting this investigation (337-TA-870), 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 in both the temporary and permanent relief phases. 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 13-024
Inv. No(s). 337-TA-871
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communications base stations and components thereof. The products at issue in this investigation are wireless communications base stations and components thereof for use with next-generation wireless-communication technologies such as 4G LTE.
The investigation is based on a complaint filed by Adaptix, Inc., of Carrolton, TX, on January 24, 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 wireless communications base stations and components thereof that infringe a patent asserted by Adaptix, Inc. 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:
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and
Ericsson Inc. of Plano, TX.
By instituting this investigation (337-TA-871), 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 13-025
Inv. No(s). 337-TA-872
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain compact fluorescent reflector lamps, products containing same and components thereof. The products at issue in this investigation are reflector lamps that utilize a fluorescent light source.
The investigation is based on a complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, IL, on January 28, 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/or sale of certain compact fluorescent reflector lamps, products containing same and components thereof that infringe a patent 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:
Maxlite, Inc., of West Caldwell, NJ;
Technical Consumer Products, Inc., of Aurora, OH;
Satco Products, Inc., of Brentwood, NY; and
Litetronics International, Inc., of Alsip, IL.
By instituting this investigation (337-TA-872), 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.