An official website of the United States government. 
News Release 13-093
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Judge Sandra (Dee) Lord has joined the USITC as an Administrative Law Judge (ALJ). Lord will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency's investigations involving unfair practices in import trade. These investigations most often involve allegations of patent and trademark infringement.
Prior to joining the USITC, Lord served as an ALJ with the Social Security Administration's Office of Disability Adjudication and Review (National Hearing Center) in Falls Church, VA. Previously, she was an ALJ in the Social Security Administration's Raleigh Hearing Office in Raleigh, NC.
Lord served as a Special Master in the U.S. Court of Federal Claims' Office of Special Masters from 2009-2012.
From 1997 to 2008, Lord was a trial attorney in the Commercial Litigation Branch/Frauds section in the Department of Justice's Civil Division. Prior to that, she was Of Counsel at the Washington, DC, law firm of Ross, Dixon & Masback (now Troutman Sanders, LLC); served as Associate General Counsel at the Howard Hughes Medical Institute in Bethesda, MD; and was an Assistant Counsel for Appellate Litigation in the U.S. Department of Labor's Office of the Solicitor.
Lord holds a juris doctor degree from the Georgetown University Law Center and a bachelor of arts degree, summa cum laude, from Yale University. She is a member of the bars of the District of Columbia and the State of Maryland.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent, trademark, and copyright infringement.
News Release 13-095
Inv. No(s). 337-TA-896
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain thermal support devices for infants, infant incubators, infant warmers, and components thereof. The products at issue in this investigation are incubators and warming devices that provide thermoregulation of patients, often premature infants.
The investigation is based on a complaint filed by Draeger Medical Systems, Inc., of Telford, PA, on August 29, 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 thermal support devices for infants, infant incubators, infant warmers, and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified Atom Medical International, Inc., of Tokyo, Japan, as the respondent in this investigation.
By instituting this investigation (337-TA-896), 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 13-096
Inv. No(s). 332-534
Contact: Peg O'Laughlin, 202-205-1819
United States and Europe are Leading Importers and Exporters of Wind and Solar Services
Global demand for renewable energy services (consulting, engineering, construction, equipment maintenance and repair, etc.) has grown rapidly in the past five years as countries have worked to meet rising energy needs, reduce carbon output, and strengthen energy security, reports the U.S. International Trade Commission in its publication Renewable Energy and Related Services: Recent Developments.
Though few trade barriers apply specifically to the provision of renewable energy services, local content requirements applied to renewable energy equipment in many countries act as significant barriers to trade in related services, the agency found.
The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).
In his request letter, the USTR noted that technological improvements and decreasing prices have led to rapid growth in demand for renewable energy services, particularly in the wind and solar power sectors, and that changes in government incentive programs have altered the future of the renewable energy market. The USTR asked the USITC to provide updated information "to assist us in better understanding recent developments in the renewable energy services sector."
As requested, the report provides estimates of the U.S. and global markets for, and discusses barriers to, trade and investment in services that are essential to the development, generation, and distribution of renewable energy. Highlights of the report follow.
- Global renewable energy capacity more than doubled to 653 gigawatts between 2007 and 2012, while global investment stood at a record $244 billion in 2012, up 71 percent during that period. While data on renewable energy services are not available, capacity and investment growth indicate similar growth in related services.
- The United States is consistently among the largest markets for renewable energy services, alongside Europe and Asia, particularly China.
- The value of global solar photovoltaic services associated with installations was estimated to be $34 billion in 2011. The largest markets for such services were Italy ($9.8 billion), Germany ($5.1 billion), the United States ($3.1 billion), and Japan ($3.0 billion).
- The global market for services related to installation of wind equipment was estimated at nearly $23 billion in 2011, with the largest markets including China, the United States, Germany, and Canada. The global market for wind operations and maintenance services in 2011 was estimated at $6.2 billion - $7.2 billion, with Europe believed to account for roughly half of that market.
- The value of the global market for services associated with all hydropower installations in 2010 was nearly $71 billion, of which small hydropower accounted for an estimated $2.3 billion.
- Geothermal installation services in the global market were estimated at $315 million in 2010, while the operations and maintenance of existing geothermal facilities required services expenditures estimated at $2.5 billion.
- Trade barriers affecting renewable energy services primarily include general investment restrictions and measures that impede the free movement of service providers. While local content requirements do not typically target service providers, they often serve as de facto barriers to services provision as many wind and solar equipment manufacturers provide services in tandem with the sale of their goods.
Renewable Energy and Related Services: Recent Developments (Investigation No. 332-534, USITC Publication 4421, August 2013), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4421.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.
News Release 13-097
Inv. No(s). 332-534
Contact: Peg O'Laughlin, 202-205-1819
The overall effect of the Caribbean Basin Economic Recovery Act (CBERA) on the U.S. economy continues to be negligible while the effect on U.S. consumers and beneficiary countries is small but positive, reports the U.S. International Trade Commission (USITC) in its publication Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-first Report, 2011-12.
The USITC, an independent, nonpartisan, factfinding federal agency, recently issued its 21st in a series of biennial reports monitoring imports under CBERA. The CBERA program, operative since January 1, 1984, affords preferential tariff treatment to most products of the 16 designated Caribbean and South American countries that received CBERA benefits during the period covered in the report. A seventeenth country, Panama, was a CBERA member until October of 2012 when the US-Panama FTA went into effect.
The USITC report covers the impact of CBERA, as modified, on the United States, with particular emphasis on calendar year 2012. CBERA requires the Commission to prepare a biennial report assessing both the actual and the probable future effect of CBERA on the U.S. economy generally, on U.S. industries, and on U.S. consumers. The report also covers the impact of the preference program on the beneficiary countries themselves. Following are highlights of the 2011-12 report.
- Imports benefiting from CBERA rose strongly in 2011. The sharp increase in CBERA imports in 2011 can be mostly attributed to the U.S. recovery from the economic recession and its effects on the demand for imports and commodity prices, according to the report. Additionally, U.S. imports of textiles and apparel from Haiti increased sharply in 2011 as Haiti rebounded from its devastating earthquake in 2010. The decline in imports benefiting from CBERA in 2012 reflected slower growth in commodity prices and a decline in U.S. demand for energy imports, among other factors.
- The overall effect of CBERA-exclusive imports (imports that could receive tariff preferences only under CBERA provisions) on the U.S. economy generally and on U.S. industries and consumers continued to be negligible in 2012. The Commission did identify one U.S. industry-methanol-that might face significant negative effects due to competition from CBERA-exclusive imports.
- Imports under the CBERA program fell from $3.6 billion in 2011 to $3.1 billion in 2012, reflecting a decline in U.S. demand for energy imports, slower growth in commodity prices, the exit of Panama from the CBERA in October 2012 upon the entry into force of the U.S.-Panama FTA, and other factors, such as changes in the U.S. ethanol program on December 31, 2011, that ended certain preferential treatment under CBERA.
- CBERA has encouraged several beneficiary countries to develop niche exports to the United States, including polystyrene from The Bahamas, fruits and fruit juices from Belize, and electronic products from St. Kitts and Nevis.
- The Commission finds that investment for the near-term production and export of CBERA-eligible products is not likely to result in imports that would have a measurable economic impact on the U.S. economy generally and on U.S. producers. Although investment in Haiti's export-oriented apparel sector increased significantly in 2011-2012, Haiti will likely remain a small U.S. apparel supplier.
- Exporting CBERA-eligible goods is a challenge for many CBERA beneficiaries because of supply-side constraints, including inadequate infrastructure. However, special CBERA provisions for Haiti have had a strong, positive effect on export earnings and job creation in Haiti's apparel sector.
Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-first Report, 2011-12 (Inv. No. 332-227, USITC Publication No. 4428, September 2013) is available at http://www.usitc.gov/publications/332/pub4428.pdf. The publication will also be available at federal depository libraries in the United States. A CD-ROM or printed copy of the report may be requested 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 also be faxed to 202-205-2104.
USITC general factfinding investigations, such as this one, 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 subjects 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 investigation reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.
News Release 13-098
Contact: Peg O'Laughlin, 202-205-1819
F. Scott Kieff, a Republican of Illinois, was sworn in on Friday, October 18, 2013, as a Commissioner of the U.S. International Trade Commission. Nominated by President Barack H. Obama, he was confirmed by the U.S. Senate on August 1, 2013, for the term expiring on June 16, 2020.
Before being sworn in, Commissioner Kieff took a leave of absence from his post as a Professor at the George Washington University Law School in Washington, DC, which he joined in the summer of 2009. He came to George Washington University from Washington University in Saint Louis, where he was a Professor in the School of Law with a secondary appointment in the School of Medicine's Department of Neurological Surgery. He was named Fred C. Stevenson Research Professor at the George Washington University Law School in the fall of 2012.
Also before being sworn in, Commissioner Kieff resigned his roles at the Stanford University Hoover Institution, where he was the Ray & Louise Knowles Senior Fellow. He also served as Director and a Member of the Research Team of the Hoover Project on Commercializing Innovation; as a Member of the Steering Committee and Research Team of the Hoover Working Group on Intellectual Property, Innovation, and Prosperity, or IP2; and as a Member of the John and Jean De Nault Task Force on Property Rights, Freedom, and Prosperity.
Commissioner Kieff previously served as a faculty member of the Munich Intellectual Property Law Center at Germany's Max Planck Institute; a visiting professor in the law schools at Northwestern, Chicago, and Stanford; and a faculty fellow in the Olin Program on Law and Economics at Harvard.
Before entering academia, Commissioner Kieff practiced law for over six years as a trial lawyer and patent lawyer for Pennie & Edmonds in New York and Jenner & Block in Chicago and as Law Clerk to U.S. Circuit Judge Giles S. Rich. After entering academia, he regularly served as a testifying and consulting expert, mediator, and arbitrator to law firms, businesses, government agencies, and courts.
Commissioner Kieff's research, teaching, practice, and consulting work focused on the law, economics, and politics of innovation, including entrepreneurship, corporate governance, finance, economic development, trade, intellectual property, antitrust, bankruptcy, medical ethics, technology policy, and health policy. He was recognized as one of the nation's "Top 50 under 45" by the magazine IP Law & Business in May, 2008, and was inducted as a Member of the European Academy of Sciences and Arts in March, 2012.
Originally from the Hyde Park neighborhood in Chicago, he became a lawyer in New York City and now lives with his family in Washington, DC. Before attending law school at the University of Pennsylvania, he studied molecular biology and microeconomics at the Massachusetts Institute of Technology and conducted research in molecular genetics at the Whitehead Institute for Biomedical Research in Cambridge, MA.
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, trademark, and copyright infringement.
News Release 13-103
Inv. No(s). 337-TA-897
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optical disc drives, components thereof, and products containing the same. The products at issue in this investigation are certain optical disc drives for products such as desktop and laptop computers, computer storage devices, network attached storage devices, DVD and Blu-ray players/recorders, CD players, televisions, console gaming systems, and servers, and components of the drives (for example, integrated circuits and chipsets), and products containing such drives and/or components.
The investigation is based on a complaint filed by Optical Devices, LLC, of Peterborough, NH, on September 3, 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 optical disc drives, components thereof, and products containing the same that infringe patents asserted by the complainant. 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:
Lenovo Group Ltd., of Quarry Bay, Hong Kong;
Lenovo (United States) Inc., of Morrisville, NC;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A. Inc., of Englewood Cliffs, NJ;
Nintendo Co., Ltd., of Kyoto, Japan;
Nintendo of America, Inc., of Redmond, WA;
Panasonic Corp., of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Toshiba Corporation, of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
MediaTek, Inc., of Hsinchu City, Taiwan; and
MediaTek USA Inc., of San Jose, CA.
By instituting this investigation (337-TA-897), 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 13-104
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Margaret D. Macdonald has joined the USITC as the Director of the Office of Unfair Import Investigations (OUII).
Macdonald will direct OUII attorneys and staff and manage the office's role in the agency's section 337 investigations, which involve allegations of unfair methods of competition and unfair acts in import trade. The majority of cases brought under this law involve allegations of infringement of intellectual property rights, primarily patent rights. OUII conducts pre-institution review of complaints, advises the Commission on institution of investigations, and participates (when appropriate) as a party to the proceedings.
Prior to joining the USITC, Macdonald was a partner at the Washington, DC, law firm of Perkins Coie LLP, where she represented clients in intellectual property matters in U.S. District Court and at the USITC. She worked at Howrey LLP in Washington, DC, from 1996 to 2011, where she became a partner in 2005 in the firm's Intellectual Property practice. Throughout her career, Macdonald has represented clients in intellectual property matters in U.S. District Court and before the USITC, and she has worked with government attorneys at U.S. Customs and Border Protection on enforcement issues related to USITC remedial orders in section 337 investigations.
Macdonald holds a bachelor of arts degree in political science from Trinity College in Hartford, CT; a master of arts degree from the School of International Service at the American University in Washington, DC; and a juris doctor degree from the Washington College of Law at The American University.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent and trademark infringement.
News Release 13-105
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Dominic L. Bianchi has been named General Counsel of the USITC.
As General Counsel, Bianchi will serve as the USITC's chief legal advisor. The General Counsel and the other attorneys in that office provide legal advice and support to the Commissioners and USITC staff on investigations and research studies. They also represent the USITC in all litigation involving its determinations and activities as well as providing assistance and advice on general administrative matters, including labor relations, personnel, and procurement.
Prior to his appointment, Bianchi has served in several roles in the agency, including Acting General Counsel, Chief of Staff under Chairman Deanna Tanner Okun, and Congressional Relations Officer. Prior to joining the USITC, Bianchi served Ambassadors Michael Kantor and Charlene Barshefsky at the Office of the U.S. Trade Representative (USTR) as a congressional affairs specialist, policy advisor, and as the Assistant USTR for Intergovernmental and Public Liaison (acting). He also has practiced trade law in private practice.
Bianchi holds a juris doctor degree from Georgetown University Law Center and a bachelor of science degree from Northwestern University.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent and trademark infringement.
News Release 13-108
Inv. No(s). 701-TA-490 and 731-TA-1204 (Final)
Contact: Peg O'Laughlin, 202-205-1819
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 hardwood plywood from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the negative. Commissioner F. Scott Kieff did not participate in these investigations.
As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued.
The Commission's public report Hardwood Plywood from China (Investigation Nos. 701-TA- 490 and 731-TA-1204 (Final), USITC Publication 4434, November 2013) will contain the views of the Commissioners and information developed during the investigations.
Copies may be obtained after December 16, 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.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Hardwood and Decorative Plywood from China
Investigation Nos. 701-TA-490 and 731-TA-1204 (Final)
Product Description: Hardwood and decorative plywood (hardwood plywood) is a wood panel product made from gluing two or more layers of wood veneer to a core. The core is composed of veneers or other type of wood material such as medium density fiberboard (MDF), particleboard, lumber, or oriented strand board (OSB). The outer ply or face veneer is typically the identifying species for the hardwood plywood product and is the side of the product that will be visible in most uses. The subject product is typically made using hardwood species (e.g., oak, birch, maple, and poplar), but may also be made from softwood species or bamboo. Hardwood plywood is generally used in the manufacturing of furniture, cabinetry, wall paneling, and similar products. The product is typically used in interior applications, although some hardwood plywood is made specifically for marine applications. Specifically excluded from the subject product scope is structural plywood, plywood made with cork faces or backs, multilayered wood flooring manufactured subject to a CVD/AD order, plywood with a shape or design other than a flat panel, and plywood made entirely from bamboo and adhesives.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: The Coalition for Fair Trade of Hardwood Plywood and its individual
members: Columbia Forest Products, Greensboro, NC; Commonwealth Plywood Co.,
Ltd., Whitehall, NY; Murphy Plywood, Eugene, OR; Roseburg Forest Products Co.,
Roseburg, OR; States Industries LLC, Eugene, OR; and Timber Products Company,
Springfield, OR.
3. Investigation instituted by USITC: September 27, 2012.
4. USITC hearing: September 19, 2013.
5. USITC vote: November 5, 2013.
6. USITC views to the U.S. Department of Commerce: November 25, 2013.
U.S. Industry:
1. Number of U.S. producers in 2013: 8 responding.
2. Location of producers' plants: Arkansas, Illinois, Mississippi, New York, North Carolina,
Oregon, South Carolina, Virginia, and West Virginia.
3. Employment of production and related workers in 2012: 1,868.
4. U.S. producers' U.S. shipments in 2012: 642.2 million square feet.
5. Apparent U.S. consumption in 2012: 3,489.8 million square feet.
6. Ratio of subject imports to apparent U.S. consumption in 2012: 47.9 percent
U.S. Imports in 2012:
1. From the subject country during 2012: $829.0 million.
2. From other countries during 2012: $677.2 million.
3. Leading sources during 2012: China, Russia, Indonesia, and Canada (in terms of total value).
News Release 13-109
Inv. No(s). 337-TA-898
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain marine sonar imaging devices, products containing the same, and components thereof. The products at issue in this investigation are sonar devices that use one or more transducers to provide high resolution images of the area beneath a watercraft and, in some cases, to locate fish over a wider area.
The investigation is based on a complaint filed by Navico, Inc. of Tulsa, OK, and Navico Holding AS of Egersund, Norway, on September 20, 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 marine sonar imaging devices, products containing the same, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Raymarine, Inc., of Nashua, NH;
Raymarine UK Ltd. of Fareham, United Kingdom; and
In-Tech Electronics Ltd. of Kwun Tong, Kowloon, Hong Kong.
By instituting this investigation (337-TA-898), 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.