News release | United States International Trade Commission

January 21, 2015
News Release 15-008
Inv. No(s). 337-TA-944
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Network Devices, Related Software, and Components Thereof (I)

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 and routers with particular configuration management, upgrade, recovery, security, and scalability functionalities.

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-944), 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.

# # #

January 21, 2015
News Release 15-007
Inv. No(s). 701-TA-511 and 731-TA-1246-1247 (Final)
Contact: Peg O'Laughlin, 202-205-1819

Certain Crystalline Silicon Photovoltaic Products from China and Taiwan Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain crystalline silicon photovoltaic products from China and Taiwan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and are subsidized by the government of China.

Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Chairman Meredith M. Broadbent voted in the affirmative with respect to modules from China and Taiwan and in the negative with respect to cells from Taiwan (cells from China were not included in the scope of these investigations). Commissioner F. Scott Kieff did not participate in these investigations.

As a result of the USITC’s affirmative determinations, the U.S. Department of Commerce will issue countervailing duty orders on imports of these products from China and antidumping duty orders on imports of these products from China and Taiwan.

The Commission’s public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final), USITC Publication 4519, January 2015) will contain the views of the Commissioners and information developed during the investigations.

The report will be available after February 20, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION
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 (Final)

Product Description:

China Scope:

The merchandise covered by this investigation is 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 includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells produced in a customs territory other than China.

Subject merchandise includes modules, laminates and/or panels assembled in China consisting of 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 modules, laminates and/or panels assembled in China, consisting of 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 cells. Where more than one module, laminate and/or panel is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all modules, laminates and/or panels 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 this investigation is dispositive.

Taiwan Scope:

The merchandise covered by this investigation 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.

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.

Modules, laminates, and panels produced in a third-country from cells produced in Taiwan are covered by this investigation. However, modules, laminates, and panels produced in Taiwan from cells produced in a third-country are not covered by this investigation.

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 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 cells. 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.

Further, 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 (“China”). Also excluded from the scope of this investigation are modules, laminates, and panels produced in China from crystalline silicon photovoltaic cells produced in Taiwan that are covered by an existing proceeding on such modules, laminates, and panels from China.

Status of Proceedings:

1.      Type of investigation: Final antidumping and countervailing duty.
2.      Petitioner: SolarWorld Industries America, Inc., Hillsboro, OR.
3.      Investigation instituted by USITC: December 31, 2013.
4.      USITC hearing: December 8, 2014.
5.      USITC vote: January 21, 2014.
6.      USITC notification of Department of Commerce: February 5, 2015.

U.S. Industry:

1.      Number of U.S. producers in 2013: Nine.
2.      Location of producers’ plants: Arizona, California, Delaware, Georgia, Illinois, Minnesota, North Carolina, Oregon, Washington.
3.      Employment of production and related workers in 2013 (modules): 768
4.      U.S. producers’ U.S. shipments in 2013 (modules): $207.0 million
5.      Apparent U.S. consumption in 2013 (modules): $2,077.1 million
6.      Ratio of subject imports to apparent U.S. consumption in 2013 (modules): 82.8

U.S. Imports in 2013:

1.      From the subject countries during 2013 (modules): $1,720.1 million
2.      From other countries during 2013 (modules): $109.5 million
3.      Leading sources during 2013 (modules, alphabetical order): China, Korea, Malaysia, Mexico, Philippines, Singapore, and Taiwan.

¹ 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).

# # #

August 19, 2013
News Release 13-076
Inv. No(s). 337-TA-890
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Sleep Disordered Breathing Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep disordered breathing systems and components thereof. The products at issue in this investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.

The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc. of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on July 19, 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 sleep disordered breathing systems and components thereof that infringe patents asserted by ResMed. 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:

BMC Medical Co., Ltd. of Beijing, China;
3B Medical, Inc. of Lake Wales, FL; and
3B Products, L.L.C. of Lake Wales, FL.

By instituting this investigation (337-TA-890), 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.

# # #

September 4, 2013
News Release 13-083
Inv. No(s). 337-TA-893
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Flash Memory Chips and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory chips and products containing the same. The products at issue in this investigation are flash memory chips used in devices such as laptops, wireless routers, video game consoles, handheld gaming devices, and game cartridges.

The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on August 1, 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 flash memory chips and products containing the same that infringe patents asserted by Spansion. The complainant requests that the USITC issue a general 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 Kanagawa Pref., Japan;
Macronix (Hong Kong) Co., Ltd., of Sa Tin, N.T., Hong Kong;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
ASUSTek Computer Inc. of Taipei, Taiwan;
Asus Computer International of Fremont, CA;
Belkin International, Inc., of Playa Vista, CA;
D-Link Corporation of Taipei City, Taiwan;
D-Link System, Inc., of Fountain Valley, CA;
Netgear Inc., San Jose, CA;
Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-893), 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.

# # #

September 4, 2013
News Release 13-082
Inv. No(s). 337-TA-892
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Point-to-Point Network Communication Devices and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain point-to-point network communication devices and products containing same. The products at issue in this investigation are smartphone handsets, tablet computers, eReaders, smart TVs, gaming consoles, Blu-ray players, VoIP phones, and set-top boxes that have methods for establishing point-to-point communication links over a network and/or programs or interfaces for establishing the link.

The investigation is based on a complaint filed by Straight Path IP Group Inc. of Glen Allen, VA, on August 1, 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 point-to-point network communication devices and products containing same that infringe patents asserted by Straight Path. 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:

AmTran Logistics, Inc., of Irvine, CA;
AmTran Technology Co., Ltd., of New Taipei City, Taiwan;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG El ectronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Sharp Corporation of Osaka, Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sony Computer Entertainment, Inc., of Tokyo, Japan;
Sony Computer Entertainment America, Inc., of Tokyo, Japan;
Sony Computer Entertainment America LLC of Foster City, CA;
Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY;
Sony Electronics Inc. of San Diego, CA;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA) Inc. of Research Triangle Park, NC;
Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA;
Toshiba Corporation of Tokyo, Japan;
Toshiba America Inc. of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA; and
Vizio, Inc. of Irvine, CA.

By instituting this investigation (337-TA-892), 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.

# # #

January 16, 2013
News Release 13-083
Inv. No(s). 337-TA-893
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Flash Memory Chips and Products Containing Same

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

# # #

September 12, 2013
News Release 13-088
Inv. No(s). 332-537
Contact: Peg O'Laughlin, 202-205-1819

Global Standards for Extra Virgin Olive Oil Are Widely Unenforced, Weakening the Competitive Position of U.S. and Other Premium Producers, Says USITC

U.S. olive oil production has risen quickly in recent years in response to higher global demand, but recent investment has slowed, in part because of concern among U.S. producers that their competitive position in the U.S. market is threatened by a lack of regulatory oversight, reports the U.S. International Trade Commission (USITC) in its publication Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries.

The USITC, an independent, nonpartisan, factfinding federal agency, completed the report at the request of the U.S. House Ways and Means Committee.

As requested, the report provides information on production, consumption, and trade, with an overview of the international market for olive oil; overviews of the commercial olive oil industries in the United States and other major supplying countries; analysis of the factors that affect the competitiveness of the major olive oil-producing countries; and an assessment of the role of imports and other factors, such as standards and pricing, on consumption in the United States. Highlights of the report follow.

Although U.S. production of olive oil remains small on a global scale, the United States is among the nontraditional producing countries that are responding to higher global demand, and output has risen quickly in recent years. But recent investment in U.S. olive oil production has slowed in reaction to lower global prices following a succession of bumper crops in Spain, and because of concern among U.S. producers that their competitive position in the domestic market is threatened by a lack of regulatory oversight.

Current international standards for extra virgin olive oil allow a wide range of oil qualities to be marketed as extra virgin. In addition, the standards are widely unenforced. Mandatory testing with penalties for noncompliance exists only in Canada and the European Union. However, testing in the EU is only mandatory for a very small share of production (0.1 percent). Broad and unforced standards lead to adulterated and mislabeled products, weakening the competitiveness of high-quality producers, such as those in the United States, who try to differentiate their product based on quality.

EU government support programs contribute to high overall supplies of olive oil, reducing global olive oil prices. Many small growers in the EU rely on costly traditional methods of production and have costs that are at or above global prices. Because some of these producers would likely cease production in the absence of income support from the EU, the CAP has the indirect effect of increasing total global olive oil supply and reducing prices.

Olive oil marketers aim to differentiate their products by brand and level of quality, but price remains one of the most important factors in U.S. consumer purchasing decisions. This is due, in part, to a lack of consumer awareness of quality differences. U.S. consumers are generally unfamiliar with the range of olive oil grades and uses.

Broadly, two types of business models are employed to attract customers in the U.S. retail market: cost leadership or product differentiation. Firms that focus on cost leadership, such as large bottlers that blend oil produced in multiple countries, attract consumers mostly on price. On the other hand, smaller, vertically integrated firms produce a higher quality, more flavorful oil and try to differentiate their product based on quality.
The U.S. olive oil industry produces high-quality extra virgin olive oil, mostly through highly mechanized and intensively managed groves. U.S. farm level production costs for olive oil are competitive, but lack of scale and high capitals costs result in higher prices in the retail market.

Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries (Inv. No. 332-537, USITC publication 4419, July 2013) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4419.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.

# # #

September 16, 2013
News Release 13-089
Inv. No(s). 337-TA-894
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Tires and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain tires and products containing same. The products at issue in this investigation are tires with certain tread designs and sidewall designs.

The investigation is based on a complaint filed by Toyo Tire & Rubber Co., Ltd, of Osaka, Japan; Toyo Tire Holdings of Americas Inc. of Cypress, CA; Toyo Tire U.S.A. Corp. of Cypress, CA; Nitto Tire U.S.A. Inc. of Cypress, CA; and Toyo Tire North America Manufacturing Inc. of White, GA, on August 14, 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 tires and products containing same 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:

Hong Kong Tri-Ace Tire Co., Ltd., of China;
Weifang Shunfuchang Rubber & Plastic Co., Ltd., of China;
Doublestar Dong Feng Tyre Co., Ltd., of China;
Shandong Yongtai Chemical Group Co., Ltd., of China;
MHT Luxury Alloys of Rancho Dominguez, CA;
Wheel Warehouse, Inc., of Anaheim, CA;
Shandong Linglong Tyre Co., Ltd., of China;
Dunlap & Kyle Company, Inc. d/b/a Gateway Tire and Service of Batesville, MS;
Unicorn Tire Corp of Memphis, TN;
West KY Customs, LLC, of Benton, KY;
Svizz-One Corporation Ltd. of Thailand;
South China Tire and Rubber Co., Ltd., of China;
American Omni Trading Co., LLC, of Houston, TX;
Tire & Wheel Master, Inc., of Stockton, CA;
Simple Tire of Cookeville, TN;
WTD Inc. of Cerritos, CA;
Guangzhou South China Tire & Rubber Co., Ltd., of China;
Turbo Wholesale Tires, Inc., of Irwindale, CA;
TireCrawler.com of Downey, CA;
Lexani Tires Worldwide, Inc., of Irwindale, CA;
Vittore Wheel & Tire of Asheboro, NC; and
RTM Wheel & Tire of Asheboro, NC.

By instituting this investigation (337-TA-894), 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.

# # #

September 20, 2013
News Release 13-091
Inv. No(s). 701-TA-491-493, 495, and 497 (Final)
Contact: Peg O'Laughlin, 202-205-1819

Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam Does Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of frozen warmwater shrimp from China, Ecuador, India, Malaysia, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are subsidized.

Commissioners Daniel R. Pearson, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Shara L. Aranoff voted in the affirmative.

As a result of the USITC's negative determinations, Commerce will not issue countervailing duty orders on imports of these products from China, Ecuador, India, Malaysia, and Vietnam.

The Commission's public report Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam (Investigation Nos. 701-TA-491-493, 495, and 497 (Final), USITC Publication 4429, October 2013) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after October 22, 2013, by emailing pubrequest@usitc.gov, calling 202- 205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

FACTUAL HIGHLIGHTS

Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam
Investigation Nos. 701-TA-491-493, 495, and 497 (Final)

Product Description: Certain frozen warmwater shrimp and prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-
on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form,
regardless of size. The products described may be processed from any species of warmwater
shrimp and prawns. Frozen shrimp and prawns that are packed with marinade, spices or sauce are
included in the scope. In addition, food preparations (including dusted shrimp), which are not
"prepared meals," that contain more than 20 percent by weight of shrimp or prawn are also
included in the scope. Excluded from the scope are: (1) breaded shrimp and prawns; (2) shrimp and
prawns generally classified in the Pandalidae family and commonly referred to as coldwater
shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled; (4)
shrimp and prawns in prepared meals; (5) dried shrimp and prawns; (6) canned warmwater shrimp
and prawns; and (7) certain "battered shrimp." The predominant end-use for warmwater shrimp
and prawns is human consumption.

Status of Proceedings:

1. Type of investigations:  Final countervailing duty.
2. Petitioner: Coalition of Gulf Shrimp Industries, Biloxi, MS.
3. Investigations instituted by the USITC: December 28, 2012.
4. USITC hearing: August 13, 2013.
5. USITC vote: September 20, 2013.
6. USITC notification to the U.S. Department of Commerce: October 1, 2013.

U.S. Industry:

1. Number of producers (processors) in 2012: 48.
2. Location of producers' plants:  Alabama, Florida, Georgia, Illinois, Louisiana, Mississippi,
   North Carolina, South Carolina, Texas.
3. Employment of production and related workers in 2012: 2,050.
4. Apparent U.S. consumption in 2011: 1.3 billion pounds.
5. Ratio of the value of subject imports to apparent U.S. consumption in 2011: 35.7 percent.

U.S. Imports in 2012:

1. From the subject countries during 2012:  $1.9 billion.
2. From other countries during 2012:  $2.4 billion.
3. Leading sources during 2012: Thailand, Indonesia, India, Ecuador, Vietnam, Malaysia,
   China, Mexico (in terms of total value).

# # #

September 20, 2013
Inv. No(s). 337-TA-895
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Multiple Mode Outdoor Grills and Parts Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multiple mode outdoor grills and parts thereof. The products at issue in this investigation are multiple-mode outdoor grills that enable a user to cook food using either a gas-based fuel or a solid fuel such as charcoal or wood, or use both modes simultaneously.

The investigation is based on a complaint filed by A&J Manufacturing LLC of St. Simons, GA and A&J Manufacturing, Inc. of Green Cove Springs, FL on August 21, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain multiple mode outdoor grills and parts thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.

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

The Brinkman Corporation of Dallas, TX;
W.C. Bradley Co. of Columbus, GA;
GHP Group, Inc. of Morton Grove, IL;
Kamado Joe Company of Duluth, GA;
Outdoor Leisure Products, Inc. of Neosho, MO;
Rankam Group of Gardena, CA;
Academy Ltd., d/b/a Academy Sports and Outdoors, of Katy, TX;
HEB Grocery Company, LP, d/b/a H-E-B, of San Antonio, TX;
Kmart Corporation of Hoffman Estates, IL;
Sears Brands Management Corporation of Hoffman Estates, IL;
Sears Holdings Corporation of Hoffman Estates, IL;
Sears, Roebuck & Company of Hoffman Estates, IL;
Tractor Supply Company of Brentwood, TN;
Guangdong Canbo Electrical Co., Ltd. of Foshan City, Guangdong Province, China;
Chant Kitchen Equipment (HK), Ltd. of Hong Kong, China;
Dongguan Kingsun Enterprises Co., Ltd. of Dongguan City, China;
Zhejiang Fudeer Electric Appliance Co., Ltd. of Zhejiang Province, China;
Ningbo Huige Outdoor Products Co., Ltd. of Fenghua City, Zhejiang Province, China;
Keesung Manufacturing Co., Ltd. of Panyu, Guangzhou, China;
Ningbo Spring Communication Technologies Co. Ltd. of Ningbo Zhejiang, China; and
Wuxi Joyray International Corp. of Wuxi, Jiangsu, China.

By instituting this investigation (337-TA-895), 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.

# # #

Subscribe to News release