News release
USITC Makes Determinations in Five-Year (Sunset) Review Concerning Malleable Iron Pipe Fittings from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on malleable iron pipe fittings 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 Malleable Iron Pipe Fittings from China (Inv. No. 731-TA-1021 (Second Review), USITC Publication 4484, 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.
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 Malleable Iron Pipe Fittings 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.
Program Provides Too Few Incentives to Help Boost Competitiveness of Dominican Apparel Exports, Says USITC
Decline in U.S. Imports of Woven Cotton Bottoms Under Program Accelerated in 2013
Five years after its implementation, the Earned Import Allowance Program (EIAP) is not providing enough incentives to help reverse the decline in Dominican apparel exports to the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Fifth Annual.
The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.
The USITC's fifth annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July 25, 2014. Highlights of the report follow.
- Of the 12 registered firms, only 5 firms are currently using the program, down from 7 firms reported in the fourth annual review.
- In 2013, U.S. imports of woven cotton bottoms from the Dominican Republic declined by 76 percent, by both quantity and value, compared to 2012. Also, U.S. exports to the Dominican Republic of cotton fabrics of a weight suitable for making bottoms fell for the second year in a row, declining by 25 percent by both quantity and value between 2012 and 2013.
- The USITC received several recommendations from industry and other sources concerning improvements to the EIAP. The recommendations were the same as those received during the previous four annual reviews-1) lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; 2) expanding the program coverage to enable other types of fabrics and apparel items to be included in the EIAP; and 3) changing the requirement that dyeing and finishing of eligible fabrics occur in the United States.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Fifth Annual (Inv. No. 332-503, USITC Publication 4476, July 25, 2014) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4476.pdf.
USITC general factfinding investigations, such as this, 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.
USITC Institutes Section 337 Investigation of Certain Devices Containing Non-Volatile Memory and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain devices containing non-volatile memory and products containing the same. The products at issue in this investigation are non-volatile memory devices such as flash memory and microcontrollers, and products containing the same.
The investigation is based on a complaint filed by Macronix International Co., Ltd., of Hsin-chu, Taiwan, and Macronix America, Inc., of Milpitas, CA, on June 27, 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 devices containing non-volatile memory and products containing the same that infringe patents asserted by the complainants. 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:
Spansion Inc. of Sunnyvale, CA;
Spansion LLC of Sunnyvale, CA;
Spansion (Thailand) Ltd. of Pakkred, Nonthaburi, Thailand;
Aerohive Networks, Inc., of Sunnyvale, CA;
Allied Telesis, Inc., of Bothell, WA;
Ciena Corporation of Hanover, MD;
Delphi Automotive PLC of Gillingham, Kent, United Kingdom;
Delphi Automotive Systems, LLC, of Troy, MI;
Polycom, Inc., of San Jose, CA;
Ruckus Wireless, Inc., of Sunnyvale, CA;
ShoreTel Inc., of Sunnyvale, CA;
Tellabs, Inc., of Naperville, IL;
Tellabs North America, Inc., of Naperville, IL; and
TiVo Inc., of San Jose, CA.
By instituting this investigation (337-TA-922), 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.
USITC Votes to Continue Investigations on 53-Foot Domestic Dry Containers from China
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that the establishment of a U.S. industry is materially retarded by reason of imports of 53-foot domestic dry containers from China that are allegedly subsidized and sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Commissioners Meredith M. Broadbent and F. Scott Kieff voted in the negative.
As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determination due on or about July 17, 2014, and its antidumping duty determinations due on or about September 30, 2014.
The Commission's public report 53-Foot Domestic Dry Containers from China (Investigation Nos. 701-TA-514 and 731-TA-1250 (Preliminary), USITC Publication 4474, June 2014) will contain the views of the Commission and information developed during the investigations.
The report will be available after July 9, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
53-Foot Domestic Dry Containers from China
Investigation Nos. 701-TA-514 and 731-TA-1250 (Preliminary)
Product Description: 53-foot domestic dry containers ("certain domestic containers") are closed van containers generally measuring 53 feet in length, which are designed to transport dry goods primarily by rail or by road vehicles, or by a combination of both modes. Certain domestic containers are specifically designed for the movement of freight by multiple means of transportation throughout North America. They are typically made of panels of corrugated carbon steel, typically welded together or mechanically fastened, and are closed on all sides, including the top, and accessed through lockable double doors at one end. The length is specified as 53 feet because this is the longest length allowed by U.S. states for use on highways and roads, and as a result, domestic containers are only used in the North American intermodal freight market. Domestic containers are "dry" because the containers are not designed or intended for carrying liquids or goods requiring refrigeration. They have various handlings and fittings so that the containers can be lifted and then mounted on various platforms for movement, such as a chassis, a railroad well car, or a ship.
Status of Proceedings: 1. Type of investigations: Preliminary antidumping and countervailing duty. 2. Petitioner: Stoughton Trailers, LLC, Stoughton, Wisconsin. 3. Preliminary investigations instituted by the USITC: April 23, 2014. 4. Commission's conference: May 14, 2014. 5. USITC vote: June 6, 2014. 6. USITC determinations issued: June 9, 2014. 7. USITC views issued: June 16, 2014. U.S. Industry: 1. Number of producers in 2013: One. 2. Location of producer's plant: Evansville, Wisconsin. 3. Employment of production and related workers in 2013: (1) 4. Apparent U.S. consumption in 2013: (1) 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2013: (1) U.S. Imports: 1. From the subject countries during 2013: (1) 2. From other countries during 2013: None. 3. Leading sources during 2013: China.
(1) Withheld to avoid disclosure of business proprietary information.
USITC Institutes Section 337 Investigation of Certain Silicon Tuners and Products Containing Same, Including Television Tuners
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon tuners and products containing same, including television tuners. The products at issue in this investigation are used, for example, in products that allow consumers to receive broadcast television programs and watch or record them on a computer.
The investigation is based on a complaint filed by Silicon Laboratories Inc., of Austin, TX, on May 6, 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 silicon tuners and products containing same, including television tuners, that infringe patents asserted by Silicon Laboratories. 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:
Cresta Technology Corporation of Santa Clara, CA;
Hauppauge Digital, Inc., of Hauppauge, NY;
Hauppauge Computer Works, Inc., of Hauppauge, NY;
PCTV Systems S.a.r.1., Luxembourg, of Luxembourg; and
PCTV Systems S.a.r.l. of Braunschweig, Germany.
By instituting this investigation (337-TA-917), 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.
USITC Will Expedite Five-Year (Sunset) Review Concerning Steel Threaded Rod from China
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on certain steel threaded rod from China (Inv. No. 731-TA-1145 (Review)).
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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 reviews, and information provided by the Department of Commerce.
All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission's vote on this matter 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 record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "steel threaded rod" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
USITC Will Expedite Five-Year (Sunset) Review Concerning Malleable Pipe Fittings from China
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on malleable iron pipe fittings from China (Inv. No. 731-TA-1021 (Second Review)).
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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 reviews, and information provided by the Department of Commerce.
All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission's vote on this matter 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 record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "malleable iron pipe fittings" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Polyvinyl Alcohol from China, Japan, and Korea
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five- year ("sunset") reviews concerning the antidumping duty orders on polyvinyl alcohol from China, Japan, and Korea (Inv. Nos. 731-TA-1014, 1016, and 1017 (Second Review)).
As a result of these votes, the Commission will conduct full reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.
Commissioners David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for these reviews was adequate and that the respondent group responses were inadequate, but that circumstances warranted full reviews.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and that the respondent group responses were inadequate, and voted for expedited reviews.
A record of the Commission's votes on these matters 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 record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "polyvinyl alcohol" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.
USITC Institutes Section 337 Investigation of Certain Toner Cartridges and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges and components thereof. The products at issue in this investigation are replaceable monochrome toner cartridges and replaceable color toner cartridges for use in laser beam printers and other laser printing machines, and photosensitive drum units contained in or sold for use in such monochrome toner cartridges.
The investigation is based on a complaint filed by Canon, Inc., of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on May 7, 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 toner cartridges and components thereof that infringe patents asserted by Canon. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Ninestar Image Tech Limited of Guangdong, China;
Zhuhai Seine Technology Co., Ltd., of Guangdong, China;
Ninestar Technology Company, Ltd., of City of Industry, CA;
Seine Tech (USA) Co., Ltd., of Walnut, CA;
Seine Image Int'l Co., Ltd., of Shatin, Hong Kong;
Ninestar Image Tech, Ltd., of Shatin, Hong Kong;
Seine Image (USA) Co., Ltd., of Diamond Bar, CA;
Nano Paci c Corporation of South San Francisco, CA;
Aster Graphics, Inc., of Placentia, CA;
Jiangxi Yibo E-tech Co., Ltd., of Xinyu City, Jiangxi, China;
Aster Graphics Co., Ltd., of Guangdong, China;
Print-Rite Holdings Ltd., Of Chai Wan, Hong Kong;
Print-Rite N.A., Inc., of La Vergne, TN;
Union Technology Int'l (M.C.O.) Co. Ltd., of Macao, SAR, China;
Print-Rite Unicorn Image Products Co. Ltd., of Guangdong, China;
Innotex Precision Ltd., of Chai Wan, Hong Kong;
International Laser Group, Inc., of Woodland Hills, CA;
Shenzhen ASTA Official Consumable Co., Ltd., of Shenzhen, China;
Acecom, Inc. - San Antonio d/b/a InkSell.com, of San Antonio, TX;
ACM Technologies, Inc., of Corona, CA;
American Internet Holdings, LLC, of Midland Park, NJ;
The Supplies Guys, LLC, of Midland Park, NJ;
Do It Wiser LLC d/b/a Image Toner, of Marietta, GA;
Grand Image Inc. d/b/a Grand Image USA d/b/a INK4S.com, of City of Industry, CA;
Green Project, Inc., of Hacienda Heights, CA;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
Katun Corporation, of Bloomington, MN;
LD Products, Inc., of Long Beach, CA;
Linkyo Corp., of La Puente, CA;
Nectron International, Inc., of Sugar Land, TX;
Online Tech Stores, LLC d/b/a SuppliesOutlet.com d/b/a SuppliesWholesalers.com d/b/a
OnlineTechStores.com, of Reno, NV;
Printronic Corporation d/b/a Printronic.com d/b/a InkSmile.com, of Santa Ana, CA; and
Zinyaw LLC d/b/a TonerPirate.com, of Houston, TX.
By instituting this investigation (337-TA-918), 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.
USITC Institutes Section 337 Investigation of Certain Archery Products and Related Marketing Materials
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain archery products and related marketing materials. The products at issue in this investigation are archery components commonly used for hunting and target archery.
The investigation is based on a complaint filed by Bear Archery, Inc., of Evansville, IN, and SOP Services, Inc., of Las Vegas, NV, on May 9, 2014. A letter amending the complaint was filed on May 27, 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 archery products and related marketing materials that infringe patents and/or trademarks asserted by the complainants. The complainants request that the USITC issue a general exclusion order.
The USITC has identified Ningbo Topoint Outdoor Sports Co., Ltd., of Ningbo, Zhejiang, China as the respondent in this investigation.
By instituting this investigation (337-TA-919), 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.