April 17, 2014
News Release 14-034
Inv. No(s). 731-TA-1214 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Steel Threaded Rod from Thailand Does Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of steel threaded rod from Thailand that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.

Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the negative.

As a result of the USITC's negative determination, no antidumping duty order will be issued on imports of this product from Thailand.

The Commission's public report Steel Threaded Rod from Thailand (Investigation No. 731-TA- 1214 (Final), USITC Publication 4462, May 2014) will contain the views of the Commissioners and information developed during the investigation.

The report will be available after May 22, 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.


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

FACTUAL HIGHLIGHTS

Certain Steel Threaded Rod from Thailand
Investigation No. 731-TA-1214 (Final)

Product Description: Certain steel threaded rod, bar, or studs, of carbon quality steel, threaded along greater than 25 percent of its length, with a solid, circular cross section, of any diameter, in any straight length, that has been forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished. This product is primarily used in commercial construction applications to suspend support systems for electrical conduit, pipes for plumbing, HVAC ductwork, sprinkler systems, etc. Normally, one end of the threaded rod is fastened to the ceiling and the other end is fastened to the support that is holding the pipes or ductwork or sprinkler.

Status of Proceedings:

1. Type of investigation: Final antidumping.
2. Petitioners:  All America Threaded Products, Inc., Denver, CO; Bay Standard Manufacturing,
       Inc., Brentwood, CA; and Vulcan Threaded Products, Inc., Pelham, AL.
3. Investigation instituted by USITC:  June 27, 2013.
4. USITC hearing:  March 20, 2014.
5. USITC vote:  April 17, 2014.
6. USITC notification of Department of Commerce:  May 1, 2014.


U.S. Industry:

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


U.S. Imports in 2013:

1. From the subject countries during 2013:  India $14.2 million, Thailand $10.5 million.
2. From other countries during 2013:  $29.6 million.
3. Leading sources during 2013:  China, India, and Thailand (in terms of total value).

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

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April 17, 2014
News Release 14-035
Inv. No(s). TA-131-039 and 332-548
Contact: Peg O'Laughlin, 202-205-1819
U.S. Environmental Goods Trade Will Be Focus of Two New USITC Investigations

Reports Will Aid USTR in Negotiations Related to Environmental Goods

The U.S. International Trade Commission (USITC) has launched two investigations concerning trade in environmental goods.

The first investigation will assess the probable economic effect of removing duties on environmental goods, and the second investigation will provide trade information and estimates for certain specified environmental goods.

The investigations were requested by the U.S. Trade Representative (USTR) in a letter received on April 4, 2013. In the request letter, the USTR noted that the he had recently notified Congress of the President's intent to enter into negotiations with a group of WTO members to eliminate tariffs on environmental goods.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will conduct two investigations and provide two reports to the USTR. Both reports will be confidential. The USITC will base its analysis on a list of goods provided by the USTR as an attachment to the request letter.

  • The first investigation, Environmental Goods Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports, will assess the economic effects of providing duty-free treatment for imports of certain environmental goods and related products on U.S. industries and consumers. This report will be delivered to USTR on August 4, 2014.
  • The second investigation, U.S. Environmental Goods Trade, will provide trade information and estimates for certain specified environmental goods, including information on the U.S. Harmonized Tariff Schedule (HTS) nomenclature, specific product examples, major U.S. producers, the estimated value of U.S. imports and exports, key U.S. export markets, and tariff rates in key environmental goods markets. This report will be delivered to USTR on October 6, 2014.

The USITC will hold a public hearing in connection with the first investigation on May 14, 2014. Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 6, 2014, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000. (The USITC will not hold a hearing in connection with the second investigation.)

The USITC also welcomes written submissions for the record for both investigations. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 19, 2014, for the first investigation and July 1, 2014, for the second investigation. 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 notices of investigation, dated April 17, 2014, which can be obtained from the USITC Internet site (http://www.usitc.gov/secretary/fed_reg_notices/332/131_039_notice04172014sgl.pdf (TA-131-039) and http://www.usitc.gov/secretary/fed_reg_notices/332/332_548_notice04172014sgl.pdf (332-548)) or by contacting the Office of the Secretary at the above address or 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, or 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, like these, they are classified as confidential by the requester for national security reasons.

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April 25, 2014
News Release 14-037
Inv. No(s). 332-542
Contact: Peg O'Laughlin, 202-205-1819
AGOA Program's Impact on AGOA Country Trade and Investment Limited to Key Sectors, Says USITC

Benefits under the African Growth and Opportunity Act (AGOA) resulted in increased U.S. imports of automobiles, refined petroleum products, and apparel from AGOA countries during 2001-2013, reports the U.S. International Trade Commission in its publication AGOA: Trade and Investment Performance Overview.

The USITC, an independent, nonpartisan, factfinding federal agency, completed the report at the request of the U.S. Trade Representative.

As requested, the report describes, reviews, and analyzes the trade and investment performance of beneficiary countries under the AGOA from 2000 to 2013. The report also identifies products that have the potential to be exported to the United States under AGOA or to be integrated into regional and global supply chains. The report also examines changes in the business and investment climate in sub-Saharan Africa (SSA) and lists reciprocal trade agreements involving SSA countries. Highlights of the report follow.

  • The majority of U.S. imports from AGOA countries enter under the AGOA program. Such imports accounted for about 70 percent of all imports from AGOA countries during 2008-13. On average, crude petroleum accounted for almost 90 percent of these imports throughout the period. Excluding crude petroleum, U.S. imports under the AGOA are concentrated in three sectors - transportation equipment (primarily passenger motor vehicles from South Africa), refined petroleum products, and apparel. These products accounted for 89 percent of U.S. non-crude petroleum imports under AGOA in 2013.
  • The products that experienced major export growth between 2000 and 2013 were limited to key sectors, with the top 10 products (excluding crude petroleum) accounting for over 90 percent of the growth in value over the period. The leading product group - motor vehicles - supplied about one-third of the growth and totaled $2.1 billion in 2013. Refined petroleum products followed, accounting for one-quarter of the growth and totaling $1.3 billion in 2013. Other major growth products were apparel; ferroalloys; aluminum mill products; cocoa, chocolate, and confectionery; miscellaneous inorganic chemicals; certain organic chemicals; edible nuts; and citrus fruit.
  • Despite generally low rates of participation in the downstream activities of global and regional supply chains (GSCs and RSCs), a review of literature suggests that SSA sectors with the greatest potential to further integrate into GSCs and RSCs are (1) agricultural products and foodstuffs, (2) leather and leather products, (3) textiles and apparel, and (4) extractive natural resource products. The literature also shows that products with the greatest potential for export to the United States are agricultural products, handcrafts and woodcrafts, and leather and leather products.
  • The report found that AGOA has had a positive impact on FDI inflows, particularly in the textile and apparel sector in Kenya, Lesotho, Mauritius, Swaziland, and Botswana, but also in South Africa's automotive industry. Overall, the program's trade benefits and eligibility criteria appear to have motivated AGOA beneficiary countries to improve their business and investment climates.
  • SSA countries, often as regional blocs, have pursued reciprocal trade agreements with non-SSA partners. An important aspect of many of these trade agreements is regional integration of SSA countries. At the same time, many of these agreements have asymmetrical provisions which generally allow SSA partners to reduce tariffs over a longer period of time than the non-SSA partners.
  • The findings of studies estimating AGOA's impact on exports from SSA vary, ranging from broad positive effects to no effect, or to positive effects only in certain sectors, such as apparel. These varied findings can be attributed to differences in study methodology, time periods assessed, and level of product aggregation.

AGOA: Trade and Investment Performance Overview (Inv. No. 332-542, USITC publication 4461, April 2014) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/updated_Errata_version_AGOA_pub4461.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, 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.

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April 28, 2014
News Release 14-038
Contact: Peg O'Laughlin, 202-205-1819
Rhonda Schnare Schmidtlein Sworn In as U.S. International Trade Commissioner

Rhonda Schnare Schmidtlein, a Democrat of Missouri, was sworn in today as a Commissioner of the U.S. International Trade Commission. She was confirmed by the U.S. Senate on March 6, 2014, for the term expiring on December 16, 2021.

Commissioner Schmidtlein served as an expert consultant to the World Bank for the two years immediately prior to her appointment. In that role, she provided expertise on projects that sought to strengthen audit and accounting regulation and oversight in countries with emerging markets.

From 2005-2011, Commissioner Schmidtlein served as the founding Director of the office created to implement the international obligations of the Public Company Accounting Oversight Board (PCAOB). The PCAOB is a regulatory agency created by Congress in 2002 to protect the interests of investors in U.S. capital markets and further the public interest in independent audit reports of U.S. public companies. Before becoming the Director of the PCAOB's Office of International Affairs, she served as Special Counsel to the Chairman of the PCAOB.

Commissioner Schmidtlein served in the General Counsel's office at the Office of the U.S. Trade Representative from 1998 to 2003. In that role, she represented the United States as Head of Delegation and lead counsel in disputes before the World Trade Organization and provided legal counsel in connection with the negotiation of numerous international trade agreements.

Earlier in her career, Commissioner Schmidtlein was an Honors Program trial attorney in the Civil Division at the U.S. Department of Justice. She also was an adjunct professor for legal research and writing at the George Washington University's National Law Center. She began her career as a judicial law clerk for the Honorable Howard F. Sachs, Chief Judge of the U.S. District Court, Western District of Missouri.

Commissioner Schmidtlein holds a Bachelor of Science in Accountancy degree from the University of Missouri-Columbia and a juris doctor degree from the University of North Carolina School of Law. Originally from Carrollton, Missouri, she resides in Washington D.C. with her husband, John, and two children.

The U.S. International Trade Commission is an independent, nonpartisan, factfinding 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 and trademark infringement.

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March 7, 2014
News Release 14-023
Inv. No(s). 701-TA-455 and 731-TA-1149 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Expedite Five-Year (Sunset) Reviews Concerning Circular Welded Carbon-Quality Steel Line Pipe from China

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") reviews concerning the antidumping and countervailing duty orders on circular welded carbon quality steel line pipe from China (Inv. Nos. 701-TA-455 and 731-TA-1149 (Review)).

As a result of these votes, the Commission will conduct expedited 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.

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.

Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews. Commissioner Shara L. Aranoff did not participate in these adequacy determinations.

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 "steel line pipe" 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 these reviews. The Commission will issue a report after it completes its reviews.

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March 21, 2014
News Release 14-025
Inv. No(s). 337-TA-911
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Lithium Silicate Materials and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium silicate materials and products containing the same. The products at issue in this investigation are lithium silicate materials that can be processed and converted into dental-restorative products, such as crowns, inlays, onlays, and bridges.

The investigation is based on a complaint filed by Ivoclar Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc., of Amherst, NY; and Ivoclar Vivadent Manufacturing Inc. of Somerset, NJ, on February 19, 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 lithium silicate materials and products containing same 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:

    Dentsply International, Inc., of York, PA;
    Dentsply Prosthetics U.S. LLC a/k/a Dentsply Ceramco of York, PA; and
    DeguDent GmbH of Hanau-Wolfgang, Germany.

By instituting this investigation (337-TA-911), 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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March 25, 2014
News Release 14-026
Inv. No(s). 731-TA-1140-1142 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Uncovered Innerspring Units from China, South Africa, and Vietnam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on uncovered innerspring units from China, South Africa, and Vietnam 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 China, South Africa, and Vietnam 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 Shara L. Aranoff 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 the attached page for background on these five-year (sunset) reviews.

The Commission's public report Uncovered Innerspring Units from China, South Africa, and Vietnam (Inv. Nos. 731-TA-1140-1142 (Review), USITC Publication 4459, April 2014) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after April 24, 2014, 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 Uncovered Innerspring Units from China, South Africa, and Vietnam were instituted on November 1, 2013.

On February 4, 2014, the Commission voted to conduct expedited reviews. Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Shara L. Aranoff did not participate in the adequacy determinations.

A record of the Commission's vote to conduct expedited 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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March 28, 2014
News Release 14-027
Inv. No(s). 332-541
Contact: Peg O'Laughlin, 202-205-1819
Multiple Trade Barriers Limit U.S. SMEs EU Export Success, USITC Finds

Standards and a variety of other trade barriers in the European Union disproportionately affect the exports of U.S. small and medium-sized enterprises more than those of large firms, reports the U.S. International Trade Commission (USITC) in its new publication Trade Barriers that U.S. Small and Medium-Sized Enterprises Perceive as Affecting Exports to the European Union.

The USITC, an independent, nonpartisan, factfinding federal agency, completed the report for the U.S. Trade Representative.

As requested, the report catalogs trade-related barriers that U.S. small and medium-sized enterprises (SMEs) and related industry associations reported as limiting their exports to the European Union (EU). Highlights of the report follow.

  • SMEs explained that many EU trade barriers, particularly those related to standards and regulations, affect their exports. They stated that complying with EU regulations and procedures are costly for all firms, but potentially prohibit SMEs from exporting to the EU because such costs are often the same regardless of a firm's size or export revenue. Other difficulties that were cited include protection of trade secrets, high patenting costs, and logistics challenges, especially customs requirements, inconsistent Harmonized System classifications, and the EU's value-added tax system.
  • SMEs and related industry associations described many industry-specific barriers. For example:
    • SMEs in the chemical industry frequently cited the high cost of complying with the EU chemical regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals or REACH).

    • SMEs exporting cosmetics expressed difficulties meeting the EU's cosmetics directive.

    • SME clothing exporters said that they were disproportionately affected by the recent EU retaliatory additional duties on U.S. exports of women's denim jeans.

    • SMEs producing machinery, electronic, transportation, and other goods cited a lack of harmonized international standards and mutual recognition for conformity assessment, as well as problems complying with technical regulations and conformity assessment procedures.

  • A number of barriers reportedly constrain U.S. exports of agricultural products. SMEs and industry groups in the corn, dried fruit, animal feed, cheese, and wheat industries cited high tariffs, stringent and inconsistent EU rules and testing mandates, lack of a science-based regulatory focus (especially for genetically modified traits), lack of harmonization between U.S. and EU standards, and the EU's protected designations of origin (PDOs). The U.S. poultry and lamb industries reported that they are effectively banned from exporting to the EU.
  • U.S. services SMEs in the healthcare, engineering, testing, and audiovisual industries highlighted a lack of mutual recognition of licensing, credentials, and standards, as well as issues with broadcasting and film quotas, language dubbing requirements, government subsidies, and safeguarding intellectual property.
  • In certain industries, SMEs or industry associations also provided suggestions for increasing U.S. SME transatlantic trade with the EU and, at times, stories of successfully exporting to the EU.

Trade Barriers that U.S. Small and Medium-Sized Enterprises Perceive as Affecting Exports to the European Union (Investigation No. 332-541, USITC Publication 4455, February 2014), is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4455.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 to 202-205-2104.

USITC general factfinding investigations, such as this one, cover matters related to tariffs and 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 requestor. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.

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March 31, 2014
News Release 14-028
Inv. No(s). 337-TA-912
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain earpiece devices having positioning and retaining structure and components thereof. The products at issue in this investigation are in-ear headphones.

The investigation is based on a complaint filed by Bose Corporation of Framingham, MA, on February 26, 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 earpiece devices having positioning and retaining structure and components thereof that infringe a patent asserted by Bose. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

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

    Monster, Inc. of Brisbane, CA;
    Monster, LLC of Las Vegas, NV; and
    Monster Technology International, Ltd. of Ennis, County Clare, Ireland.

By instituting this investigation (337-TA-912), 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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February 27, 2014
News Release 14-021
Inv. No(s). 337-TA-910
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain television sets, television receivers, television tuners, and components thereof. The products at issue in this investigation are televisions and the integrated circuit tuners and receivers included in the televisions.

The investigation is based on a complaint filed by Cresta Technology Corporation, of Santa Clara, CA, on January 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 television sets, television receivers, television tuners, and components thereof that infringe patents asserted by Cresta. The complainant requests that the USITC issue limited exclusion orders and cease and desist orders.

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

    Silicon Laboratories, Inc., of Austin, TX;
    Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea;
    Samsung Electronics America, Inc., of Ridgefield Park, NJ;
    LG Electronics Inc., of Seoul, Republic of Korea;
    LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
    MaxLinear, Inc., of Carlsbad, CA;
    Sharp Corporation, of Osaka, Japan;
    Sharp Electronics Corporation, of Mahwah, NJ; and
    VIZIO, Inc., of Irvine, CA.

By instituting this investigation (337-TA-910), 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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