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News Release 13-050
Inv. No(s). 337-TA-881
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain windshield wiper devices and components thereof. The products at issue in this investigation are certain flat blade or beam blade windshield wipers for automotive vehicles with a detachable or releasable spoiler.
The investigation is based on a complaint filed by Federal-Mogul Corporation of Southfield, MI, and Federal-Mogul S.A. of Aubange, Belgium, on May 9, 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 windshield wiper devices and components thereof that infringe the 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:
Trico Corporation of Rochester Hills, MI;
Trico Products of Brownsville, TX; and
Trico Componentes SA de CV of Matamoros, Tamaulipas, Mexico.
By instituting this investigation (337-TA-881), 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 13-052
Inv. No(s). 337-TA-882
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital media devices, including televisions, blu-ray disc players, home theater systems, tablets, and mobile phones, components thereof, and associated software. The products at issue in this investigation are digital media devices having features related to the sharing of media across devices.
The investigation is based on a complaint filed by Black Hills Media, LLC, of Wilmington, DE, on May 13, 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 digital media devices, including televisions, blu-ray disc players, home theater systems, tablets, and mobile phones, components thereof, and associated software that infringe patents asserted by Black Hills Media. 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:
Samsung Electronics Co. Ltd. of Seoul, South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
LG Electronics, Inc., of Seoul, South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Toshiba Corporation of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
Sharp Corporation of Osaka, Japan; and
Sharp Electronics Corporation of Mahwah, NJ.
By instituting this investigation (337-TA-882), 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 13-055
Inv. No(s). 337-TA-883
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain opaque polymers. The products at issue in this investigation are opaque polymers for uses including the manufacture of paints, and in the building, packing, leather, and textile industries.
The investigation is based on a complaint filed by Rohm and Haas Company of Philadelphia, PA; Rohm and Haas Chemicals LLC of Philadelphia, PA; and The Dow Chemical Company of Midland, MI on May 20, 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 opaque polymers 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:
Organik Kimya San. ve Tic. A.S of Istanbul, Turkey;
Organik Kimya Netherlands B.V. of Rotterdam-Botlek, Netherlands;
Organik Kimya US, Inc., of Burlington, MA;
Turk International LLC of Aptos, CA; and
Aalborz Chemical LLC d/b/a All Chem of Grand Rapids, MI.
By instituting this investigation (337-TA-883), 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 13-056
Inv. No(s). 337-TA-884
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain consumer electronics with display and processing capabilities. The products at issue in this investigation are computer laptops, netbooks, tablet computers, PCs, television sets, HD camcorders and Blue-ray and DVD players.
The investigation is based on a complaint filed by Graphics Properties Holdings, Inc., of New Rochelle, NY, on May 17, 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 consumer electronics with display and processing capabilities that infringe the asserted patents. 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:
Panasonic Corporation, of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Toshiba Corporation, of Tokyo, Japan;
Toshiba America, Inc., of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA;
Vizio, Inc., of Irvine, CA;
AmTran Logistics, Inc., of Irvine, CA;
AmTran Technology Co., Ltd., of New Taipei City, Taiwan;
ZTE Corporation, of Guangdong, China;
ZTE (USA) Inc., of Iselin, NJ, and Richardson, TX; and
ZTE Solutions, Inc., of Richardson, TX.
By instituting this investigation (337-TA-884), 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 13-058
Inv. No(s). 337-TA-885
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable electronic communications devices, including mobile phones and components thereof.
The investigation is based on a complaint filed by Nokia Corporation of Espoo, Finland, and Nokia Inc. of Sunnyvale, CA, on May 23, 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 portable electronic communications devices, including mobile phones 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:
HTC Corporation of Taiwan; and
HTC America Inc. of Bellevue, WA.
By instituting this investigation (337-TA-885), 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.
News Release 13-068
Inv. No(s). 337-TA-888
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon microphone packages and products containing same. The products at issue in this investigation are small silicon microphone packages and certain electronic devices containing the same, including earphones, ear buds, headsets, and headphones.
The investigation is based on a complaint filed by Knowles Electronics, LLC, of Itasca, IL, on June 21, 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 silicon microphone packages and products containing same that infringe patents asserted by the complainant. 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:
GoerTek, Inc., of Weifang, China; and
GoerTek Electronics, Inc., of Sunnyvale, CA.
By instituting this investigation (337-TA-888), 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 five 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 13-065
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
The United States was the world's largest services market and the world's leading exporter and importer of services in 2011, reports the U.S. International Trade Commission (USITC) in its publication Recent Trends in U.S. Services Trade, 2013 Annual Report.
The USITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually. Each year's report presents a qualitative and quantitative overview of U.S. trade in services and highlights some of the service sectors and geographic markets that contribute substantially to recent services trade performance.
This year's report focuses on professional services and includes separate chapters on the education, healthcare, and legal services sectors. Each chapter analyzes global market conditions in the sector, examines recent trade performance, and summarizes the sector's outlook.
The 2013 report covers cross-border trade in services through 2011 and affiliate sales through 2010 (latest available data). Highlights of the report include:
- From 2010 to 2011, U.S. cross-border services exports increased by 9 percent (to $587 billion) while U.S. services imports grew by 7 percent (to $393 billion). This represents the second consecutive year of strong trade growth following the financial crisis. Professional services accounted for 21 percent of total U.S. cross-border services exports and 19 percent of cross-border imports in 2011.
- Services supplied abroad by foreign affiliates of U.S. firms continued to exceed services purchased from U.S. affiliates of foreign firms, reaching $1.1 trillion and $696 billion, respectively, in 2010. Professional services accounted for a relatively small but growing share of both sales and purchases of services through affiliates. Architectural and engineering services accounted for the largest share of professional services supplied by U.S. foreign affiliates, while advertising services led purchases from U.S. affiliates of foreign firms in 2010.
- The contribution of U.S. professional services to U.S. GDP in 2011 was $2.2 trillion, equal to 24 percent of the value added by all services and 19 percent of total private sector GDP. Professional services value added exceeded all other major services categories including distribution, financial, and electronic services in 2011. Professional services value added grew by 3 percent in 2011, faster than the average of all services (2 percent) and more than 3 times the growth of the manufacturing sector (0.8 percent) during the year. The education, healthcare, and legal services sectors are all projected to post moderate growth in the next few years.
- Professional services employed 26 million full-time-equivalent employees in 2011, equal to 26 percent of the total U.S. private sector workforce. Healthcare services accounted for 15 million of these employees. In 2011, labor productivity in professional services grew by 1 percent while average wages grew by 3 percent (to $60,368), exceeding the private sector average wage but trailing electronic and financial services. Both productivity and wages varied widely among professional services industries.
- Professional services are subject to a variety of both entry and operational trade barriers. In many cases, these barriers take the form of domestic regulations and are byproducts of a country's domestic policy objectives such as protecting and developing its indigenous workforce. Such restrictions include economic needs tests and quotas on foreign providers. Other significant barriers include limits on setting up foreign affiliates and requirements that managerial staff be either citizens or permanent residents.
- The USITC hosted its sixth annual services roundtable on November 13, 2012. The discussion, summarized in the report, covered services liberalization and regulation, and prospects for future services trade agreements.
Recent Trends in U.S. Services Trade, 2013 Annual Report (Investigation No. 332-345, USITC publication 4412, July 2013) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4412.pdf.
News Release 13-067
Inv. No(s). 337-TA-887
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain crawler cranes and components thereof. The products at issue in this investigation are mobile cranes that use variable position counterweight ("VPC") technology to improve operation and use of the cranes.
The investigation is based on a complaint filed by Manitowoc Cranes, LLC, of Manitowoc, WI, on June 12, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale after importation of certain crawler cranes and components thereof that infringe patents asserted by Manitowoc Cranes. The complaint also alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale after importation of certain crawler cranes and components thereof that threaten to destroy or substantially injure an industry in the United States or to prevent the establishment of such an industry due to misappropriation of trade secrets owned by Manitowoc Cranes. 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:
Sany Heavy Industry Co., Ltd., of Changsha, Hunan Province, China; and
Sany America, Inc., of Peachtree City, GA.
By instituting this investigation (337-TA-887), 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.
News Release 13-059
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched a pilot program to test whether early rulings on certain dispositive issues in some section 337 investigations could limit unnecessary litigation, saving time and costs for all parties involved.
The pilot program is part of the Commission's ongoing efforts to improve its section 337 investigation procedures for providing fair and speedy adjudication of complex intellectual property disputes and effective relief against unfairly traded imports, while reducing costs for all participating parties.
Under the pilot program, the Commission will identify, at institution, investigations that are likely to present a potentially dispositive issue, such as the existence of a domestic industry, importation, or standing.
For selected investigations, the Commission will direct the presiding Administrative Law Judge (ALJ) to expedite discovery and factfinding in the investigation (including an early evidentiary hearing) and issue an early initial determination (ID) on the potentially dispositive issue within 100 days of institution. Commission action on the ID is also expedited.
The Commission does not expect any delays in other investigations assigned to the presiding ALJ.
Details on the pilot program can be found in this article: http://www.usitc.gov/press_room/featured_news/pilot_program_will_test_early_disposition_certain.htm.