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News Release 14-020
Inv. No(s). 731-TA-749 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on persulfates 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 Persulfates from China (Inv. No. 731-TA-749 (Third Review), USITC Publication 4456, March 2014) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after March 31, 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) review concerning Persulfates from China was instituted on March 1, 2013.
On June 4, 2013, the Commission voted to conduct a full review. Then-Commissioner Daniel R. Pearson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group response was inadequate but that circumstances warranted a full review. Chairman Irving A. Williamson concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited 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.
News Release 14-019
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain crystalline silicon photovoltaic products from China that are allegedly subsidized and from China and Taiwan that are allegedly sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the affirmative. Commissioners Shara L. Aranoff and F. Scott Kieff did not participate in these investigations.
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 March 26, 2014, and its antidumping duty determinations due on or about June 9, 2014.
The Commission's public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Preliminary), USITC Publication 4454, February 2014) will contain the views of the Commission and information developed during the investigations.
Copies of the report are expected to be available after March 17, 2014, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Crystalline Silicon Photovoltaic Products from China and Taiwan
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Preliminary)
Product Description: The merchandise covered by these investigations is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this investigation, subject merchandise also includes modules, laminates and/or panels assembled in the subject country consisting of crystalline silicon photovoltaic cells that are completed or partially manufactured within a customs territory other than that subject country, using ingots that are manufactured in the subject country, wafers that are manufactured in the subject country, or cells where the manufacturing process begins in the subject country and is completed in a non-subject country. Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of these investigations is dispositive.
Status of Proceedings: 1. Type of investigations: Preliminary antidumping and countervailing duty. 2. Petitioner: SolarWorld Industries America, Inc., Hillsboro, OR. 3. Preliminary investigations instituted by the USITC: December 31, 2013. 4. Commission's conference: January 22, 2014. 5. USITC vote: February 14, 2014. 6. USITC determinations to the U.S. Department of Commerce: February 14, 2014. 7. USITC views to the U.S. Department of Commerce: February 26, 2014. U.S. Industry: 1. Number of producers in 2012: Five. 2. Location of producers' plants: California, Delaware, Georgia, Illinois, Oregon, Washington. 3. Employment of production and related workers in 2012: (1) 4. Apparent U.S. consumption in 2012: (1) 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2012: (1) U.S. Imports: 1. From the subject countries during 2012: (1) 2. From other countries during 2012: (1) 3. Leading sources during 2012: (1)
(1) Withheld to avoid disclosure of business proprietary information.
News Release 14-017
Inv. No(s). 332-543
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) will add an additional half day to its public hearing concerning a wide range of Indian policies that discriminate against U.S. trade and investment in that country.
The Commission's hearing in connection with its investigation Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy now will begin at 1 p.m. on Wednesday, February 12, 2014. It will continue at 9:30 a.m. on Thursday, February 13, 2014 - the original hearing date.
The hearing witness list (subject to change) is available at: http://www.usitc.gov/press_room/documents/thisweek/wl1_021014.pdf
The USITC, an independent, nonpartisan, factfinding federal agency, is conducting the investigation at the request of the Senate Committee on Finance and the House Committee on Ways and Means. The Commission will deliver its report to the Committees by November 30, 2014.
The USITC received a very high number of requests to appear at the public hearing. To accommodate all requests, the Commission decided to add an additional half day to the hearing, originally scheduled to be completed in a single day.
WHAT: Extended USITC hearing, additional half day added - Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy
WHEN: Hearing now will begin at 1 p.m. on Wednesday, February 12, 2014; hearing will continue at 9:30 a.m. on Thursday, February 13, 2014
WHERE: Main Hearing Room, USITC Building (500 E Street SW, Washington, DC)
Additional information:
- Federal Register notice announcing the hearing extension
- Federal Register notice announcing the investigation's institution
- News Release announcing the investigation's institution
- Request letter from the Committee on Ways and Means, U.S. House of Representatives, and the Committee on Finance, U.S. Senate
News Release 14-009
Inv. No(s). 731-TA-1131, 1132, and 1134 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year ("sunset") reviews concerning the antidumping duty orders on polyethylene terephthalate film, sheet, and strip from Brazil, China, and the United Arab Emirates (Inv. Nos. 731-TA-1131, 1132, and 1134 (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.
With respect to imports from Brazil and the United Arab Emirates, all six Commissioners concluded that both the domestic group response and the respondent group responses for these reviews were adequate and voted for full reviews.
With respect to imports from China, 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 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 "polyethylene terephthalate film, sheet, and strip" 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.
News Release 14-011
Inv. No(s). 337-TA-908
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain soft-edged trampolines and components thereof. The products at issue in this investigation are trampolines designed so no hard surfaces or components are situated adjacent to the surface of the trampoline mat.
The investigation is based on a complaint filed by Springfree Trampoline, Inc.; Springfree Trampoline USA, Inc.; and Spring Free Limited Partnership, all of Markham, Ontario, Canada, on December 24, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain soft-edged trampolines and components thereof that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Vuly Trampolines Pty. Ltd. of Brisbane, Queensland, Australia, as the respondent in this investigation.
By instituting this investigation (337-TA-908), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 14-008
Inv. No(s). 337-TA-907
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vision-based driver assistance system cameras and components thereof. The products at issue are used in automobiles to provide information about the surroundings of the automobile.
The investigation is based on a complaint filed by Magna Electronics Inc. of Auburn Hills, MI, on December 23, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain vision-based driver assistance system cameras and components thereof that infringe patents asserted by Magna. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified TRW Automotive U.S., LLC, of Livonia, MI, as the respondent in this investigation.
By instituting this investigation (337-TA-907), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 14-007
Inv. No(s). 337-TA-906
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits. The products at issue in this investigation include standard cell libraries; products made using such standard cell libraries, such as wafers and integrated circuits; and products containing such integrated circuits, such as servers, computers, video game systems, televisions, mobile telephones, and tablets.
The investigation is based on a complaint filed by Tela Innovations, Inc., of Los Gatos, CA, on December 23, 2013. A supplement to the complaint was filed on January 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 standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits that infringe a patent asserted by Tela. The complainant requests that the USITC issue a general exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Taiwan Semiconductor Manufacturing Co., Limited, of Hsinchu, Taiwan; and
TSMC North America of San Jose, CA.
By instituting this investigation (337-TA-906), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 14-006
Inv. No(s). 337-TA-905
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless devices, including mobile phones and tablets. The products at issue in this investigation are mobile phones and tablets.
The investigation is based on a complaint filed by Pragmatus Mobile, LLC, of Alexandria, VA, on December 18, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless devices, including mobile phones and tablets that infringe patents asserted by Pragmatus. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Nokia Corporation (Nokia Oyj) of Espoo, Finland;
Nokia, Inc. of Sunnyvale, CA;
Samsung Electronics Co., Ltd. of Seoul, Republic of Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
Samsung Telecommunications America, L.L.C. of Richardson, TX;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA), Inc. of Atlanta, GA;
ZTE Corporation of Guangdong, China; and
ZTE (USA) Inc. of Richardson, TX.
By instituting this investigation (337-TA-905), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 15-010
Inv. No(s). 337-TA-946
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink cartridges and components thereof. The products at issue in the investigations are ink cartridges, and components thereof, designed for use with certain Epson ink jet printers.
The investigation is based on a complaint filed by Epson Portland Inc. of Hillsboro, OR; Epson America, Inc., of Long Beach, CA; and Seiko Epson Corporation of Nagano, Japan, on December 23, 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 ink cartridges and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Zhuhai Nano Digital Technology Co., Ltd., of Zhuhai, Guangdong, China; Nano Business & Technology, Inc., d/b/a Nano Digital, d/b/a Nano Ink Spot, d/b/a Dinsink, of Lake Oswego, OR;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., d/b/a Ink-Tank, of Zhuhai, Guangdong, China;
Huebon Co., Ltd., of Sheung Wan, Hong Kong;
Chancen Co., Ltd., of Sheung Wan, Hong Kong;
Zhuhai Rich Imaging Technology Co., Ltd., of Zhuhai, Guangdong, China;
Shanghai Orink Infotech International Co., Ltd., of Shanghai, China;
Orink Infotech International Co., Ltd., of Causewat Bay, Hong Kong;
Zinyaw LLC d/b/a TonerPirate.com of Houston, TX;
Yotat Group Co., Ltd., of Kowloon, Hong Kong;
Yotat (Zhuhai) Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
Ourway Image Co., Ltd., of Xiangzhou, Zhuhai, China;
Kingway Image Co., Ltd., of Zhuhai, China;
Zhuhai Chinamate Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
InkPro2day, LLC, of Los Angeles, CA;
Dongguan OcBestjet Printer Consumables Co., Ltd., of Dongguan, China;
OcBestjet Printer Consumables (HK) Co., Ltd., of Hong Kong;
Aomya Printer Consumables (Zhuhai) Co., Ltd., of Xiangzhou, Zhuhai, Guangdong, China; and
Zhuhai Richeng Development Co., Ltd., d/b/a Richeng Technology, of Jida, Zhuhai, China.
By instituting this investigation (337-TA-946), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 15-009
Inv. No(s). 337-TA-945
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof. At issue in the investigations are certain types of network devices, such as switches, with particular functionalities relating to network performance, security, and/or management.
The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 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 network devices, related software, and components thereof that infringe patents asserted by Cisco Systems. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.
By instituting this investigation (337-TA-945), 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.