May 19, 2014
News Release 14-046
Inv. No(s). 337-TA-915
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Set-Top Boxes, Gateways, Bridges, and Adapters and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain set-top boxes, gateways, bridges, and adapters and components thereof. The products at issue in this investigation are multimedia devices, such as set-top boxes, gateways, bridges, or adapters, and integrated circuit components contained in such devices.

The investigation is based on a complaint filed by ViXS Systems, Inc., of Toronto, Ontario, Canada, and ViXS USA, Inc., of Austin, TX, on April 17, 2014. The complaint was amended on May 6, 2014. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain set-top boxes, gateways, bridges, and adapters 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:

    Entropic Communications, Inc., of San Diego, CA;
    DirecTV, LLC, of El Segundo, CA;
    Wistron NeWeb Corporation of Hsinchu, Taiwan; and
    CyberTAN Technology, Inc. of Hsinchu, Taiwan.

By instituting this investigation (337-TA-915), 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.

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May 20, 2014
News Release 14-047
Inv. No(s). 731-TA-1092 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Conduct Full Five-Year (Sunset) Review Concerning Diamond Sawblades from China

The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year ("sunset") review concerning the antidumping duty order on diamond sawblades and parts thereof from China (Inv. No. 731-TA-1020 (Second Review)).

As a result of this vote, the Commission will conduct a full 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.

All six Commissioners concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate, but that circumstances warranted a full 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 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 "diamond sawblades" 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 review.

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May 28, 2014
News Release 14-050
Inv. No(s). 731-TA-991 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Silicon Metal from Russia

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on silicon metal from Russia 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 Russia will remain in place.

Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in this review.

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 Silicon Metal from Russia (Inv. No. 731-TA-991 (Second Review), USITC Publication 4471, June 2014) will contain the views of the Commission and information developed during the review.

The report will be available after July 2, 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.


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 Silicon Metal from Russia was instituted on June 3, 2013.

On September 6, 2013, the Commission voted to conduct a full review. All six Commissioners concluded that both the domestic group response and the respondent group response for this review were adequate and voted for a full review.

A record of the Commission's vote to conduct a full 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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May 28, 2014
News Release 14-051
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
U.S. Service Providers Remain Competitive in Global Services Market, Reports USITC

The United States is the world's largest services market and was the world's leading exporter and importer of services in 2012, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2014 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 electronic services and includes chapters on three specific industries: audiovisual services, computer services, and telecommunication services. Each chapter analyzes global market conditions in the industry, examines recent trade performance, and summarizes the industry's outlook.

The report describes trade in services via cross-border transactions through 2012 and via affiliate sales through 2011 (latest available data). Highlights include:

  • In 2012, the value of U.S. commercial services exports was $621 billion (14 percent of global services exports), while imports totaled $411 billion (10 percent of global services imports).

     

  • From 2011 to 2012, U.S. cross-border services exports rose 5 percent (down from nearly 11 percent in 2011), while U.S. services imports grew 4 percent (down from 7 percent in 2011). Electronic services accounted for 7 percent of exports and 8 percent of imports, yielding a trade surplus of $7.1 billion in this subsector in 2012.

     

  • Within the services sector, sales by foreign affiliates of U.S. firms -- the leading channel by which many U.S. services are delivered to foreign markets -- rose by a robust 11 percent to $1.3 trillion in 2011. Electronic services accounted for $193 billion, or 15 percent, of the total.

     

  • The contribution of private sector electronic services to U.S. gross domestic product (GDP) was $822.1 billion in 2012, accounting for roughly 6 percent of total U.S. private sector GDP. The output of these services grew by nearly 7 percent in 2012, outpacing total GDP growth in the private sector (3 percent). After slower growth during the previous five years, two industries within electronic services -- computer systems design and related services, and data processing and information services -- had the fastest GDP growth in 2012 (about 13 percent each).

     

  • In 2012, electronic services accounted for only about 3 percent of total private sector employment, or 3.3 million full-time equivalent (FTE) employees. Employment in computer systems design and related services and in broadcasting and telecommunication services together represented 81 percent of this total, whereas employment in information and data processing services, along with motion picture and sound recording services, together accounted for the remaining 19 percent. Electronic services were the most productive U.S. sector in 2012, with an average output per worker of $249,802.

     

  • A variety of impediments restrict trade in electronic services. Two examples include localization requirements for computer servers and online privacy protection measures that restrict cross-border data flows (such as those in the European Union). In addition, limits on foreign investment and on competition are prominent in several countries' telecommunication sectors, where former monopolies limit access to domestic networks. Noteworthy barriers affecting audiovisual services trade include quotas on imported films in such markets as France and China; Internet piracy of copyrighted intellectual property; and censorship.

     

  • The USITC hosted its seventh annual services roundtable on November 14, 2013. The discussion, summarized in the report, focused on recent services negotiations and the assessment of services commitments in international trade agreements, as well as middle-income job opportunities for non-degree holders in service industries.

Recent Trends in U.S. Services Trade, 2014 Annual Report (Investigation No. 332-345, USITC publication 4463, April 2014) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4463.pdf.

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May 29, 2014
News Release 14-052
Inv. No(s). 337-TA-916
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Non-Volatile Memory Chips and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain non-volatile memory chips and products containing the same. The products at issue in this investigation are memory chips containing integrated circuits that can retain information in the absence of a power source and consumer electronics containing such chips, such as computers, tablets, phones, digital cameras, routers, and video game consoles and cartridges.

The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on April 29, 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 non-volatile memory chips and products containing the same that infringe patents asserted by Spansion. 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:

    Macronix International Co., Ltd. of Hsin-chu, Taiwan;
    Macronix America, Inc. of Milpitas, CA;
    Macronix Asia Limited of Kawasaki-shi, Kanagawa Pref., Japan;
    Macronix (Hong Kong) Co., Ltd. of Hong Kong;
    Acer Inc. of New Taipei City, Taiwan;
    Acer America Corporation of San Jose, CA;
    ADT Corporation of Boca Raton, FL;
    Amazon.com, Inc. of Seattle, WA;
    ASRock Inc. of Taipei City, Taiwan;
    ASRock America, Inc. of Chino, CA;
    ASUSTek Computer Inc. of Tapei, Taiwan;
    ASUS Computer International of Fremont, CA;
    Belkin International, Inc. of Playa Vista, CA;
    D-Link Corporation of Taipei City, Taiwan;
    D-Link Systems, Inc. of Fountain Valley, CA;
    Leap Motion, Inc. of San Francisco, CA;
    Lowe's Companies, Inc. of Mooresville, NC;
    Lowe's Home Centers, Inc. of Wilkesboro, NC;
    Microsoft Corp. of Redmond, WA;
    Nintendo Co., Ltd. of Kyoto, Japan;
    Nintendo of America, Inc. of Redmond, WA;
    Sercomm Corporation of Taipei, Taiwan;
    Vonage Holdings Corp. of Holmdel, NJ;
    Vonage America Inc. of Holmdel, NJ; and
    Vonage Marketing LLC of Holmdel, NJ.

By instituting this investigation (337-TA-916), 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.

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May 30, 2014
News Release 14-053
Inv. No(s). 701-TA-417 and 731-TA-953, 957-959, and 961-962 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine

The U.S. International Trade Commission (USITC) today made its determinations in its five-year (sunset) reviews concerning Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine.

With respect to the existing countervailing duty order on carbon and certain alloy steel wire rod from Brazil and the existing antidumping duty orders on this product from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago, the Commission made affirmative determinations, finding that revoking the orders 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 determinations, the existing orders on imports of this product from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago will remain in place.

With respect to the existing antidumping duty order on this product from Ukraine, the Commission made a negative determination, finding that revoking the order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result of the Commission's negative determination, the existing order on imports of this product from Ukraine will be revoked.

Chairman Irving A. Williamson made affirmative determinations with respect to all countries. Commissioners Dean A. Pinkert, Meredith M. Broadbent, and F. Scott Kieff made affirmative determinations with respect to Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago; they made negative determinations with respect to Ukraine. Commissioner David S. Johanson made affirmative determinations with respect to Brazil, Indonesia, Moldova, Trinidad and Tobago, and Ukraine; he made a negative determination with respect to Mexico. Commissioner Rhonda K. Schmidtlein did not participate in these reviews.

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

The Commission's public report Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine (Inv. Nos.701-TA-417 and 731-TA-953, 957- 959, and 961-962 (Second Review), USITC Publication 4472, June 2014) will contain the views of the Commission and information developed during the reviews.

The report will be available after July 1, 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.


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) reviews concerning Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine were instituted on June 1, 2013.

On September 6, 2013, the Commission voted to conduct full reviews. With regard to Mexico, all six Commissioners concluded that both the domestic group response and the respondent group response for this review were adequate and voted for a full review. With regard to Brazil, Indonesia, Moldova, Trinidad and Tobago, and Ukraine, all six Commissioners 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.

A record of the Commission's vote to conduct full reviews 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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April 2, 2014
News Release 14-029
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Hemostatic Products and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hemostatic products and components thereof. The products at issue in this investigation are hemostatic products used by medical providers to control bleeding during surgery.

The investigation is based on a complaint filed by Baxter International, Inc., of Deerfield, IL; Baxter Healthcare Corporation of Deerfield, IL; and Baxter Healthcare SA of Glattpark (Opfikon), Switzerland, on February 28, 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 hemostatic products 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:

    Johnson and Johnson, of Brunswick, NJ;
    Ethicon, Inc., of Somerville, NJ;
    Ferrosan Medical Devices A/S of Soeborg, Denmark; and
    Packaging Coordinators, Inc., of Philadelphia, PA.

By instituting this investigation (337-TA-913), 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.

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April 4, 2014
News Release 14-031
Contact: Peg O'Laughlin, 202-205-1819
James R. Holbein Named Director of USITC Office of Tariff Affairs and Trade Agreements

Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), has announced that James R. Holbein has been named Director of the USITC'S Office of Tariff Affairs and Trade Agreements.

Holbein will oversee the Commission's office which is responsible for maintaining and publishing the Harmonized Tariff Schedule of the United States (HTS), represents the United States in the work of the World Customs Organization in Brussels, and coordinates interagency work on statistical annotations in the tariff schedule. The office also provides advice on tariff legislation and on tariff provisions in trade agreements and manages a heavily used online database of tariff and trade information.

Holbein served as Secretary to the Commission from 2011 until his appointment. In that role, he oversaw the filing and maintenance of the agency's official records and the conduct of the Commission's public meetings and hearings. He joined the USITC in 2008 as the supervisor of the agency's Docket Services operations and was named Director of the Office of Docket Services when that office was established in 2010.

Prior to joining the USITC, Holbein was President of Global Trade Consulting LLC, managing projects for start-up companies in the cybersecurity and environmental technology sectors. He also provided services involving regional integration, international trade policy, and alternative dispute resolution to governments, companies, and non-government organizations. In addition, he participated on several panels under North American Free Trade Agreement (NAFTA) Chapter 19, where he reviewed appeals of antidumping and countervailing duty determinations by NAFTA government agencies.

Previously, Holbein served for 10 years as the U.S. Secretary of the NAFTA Secretariat at the U.S. Department of Commerce, where he managed an international trade dispute settlement process. Prior to that, he was a Foreign Service Officer for the U.S. Department of State for 10 years, serving in Korea and Norway.

Holbein holds a bachelor of arts degree from the University of California at Santa Barbara and a juris doctor degree from the University of Arkansas at Fayetteville. He is licensed to practice law in the District of Columbia. He resides in Burke, VA, with his wife and two sons.

The USITC is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement.

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April 7, 2014
News Release 14-032
Inv. No(s). 731-TA-1143 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Expedite Five-Year (Sunset) Review Concerning Small Diameter Graphite Electrodes 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 small diameter graphite electrodes from China (Inv. No. 731-TA-1143 (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 five 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 "small diameter graphite electrodes" 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.

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April 9, 2014
News Release 14-033
Inv. No(s). 337-TA-914
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone. The products at issue in this investigation are used to control certain weeds in various agricultural crops including soybean, sunflower and tobacco, and controlling pests in non-crops such as ornamental plants, turf and golf courses.

The investigation is based on a complaint filed by FMC Corporation of Philadelphia, PA, on March 5, 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 sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a temporary exclusion order, a temporary cease and desist order, a limited exclusion order, and a cease and desist order.

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

    Beijing Nutrichem Science and Technology Stock Co., Ltd., of Beijing, China;
    Summit Agro USA, LLC, of Cary, NC;
    Summit Agro North America Holding Corporation of New York, NY; and
    Jiangxi Heyi Chemicals Co., Ltd., of Jiangxi, China.

By instituting this investigation (337-TA-914), 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.

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