United States International Trade Commission
USITC Institutes Section 337 Investigation of Certain Flash-Spun Nonwoven Materials and Products Containing Same
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain flash-spun nonwoven materials and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by DuPont de Nemours, Inc. of Wilmington, DE, DuPont Safety & Construction, Inc. of Wilmington, DE, and DuPont Specialty Products USA, LLC of Wilmington, DE, on October 9, 2024 and supplemented on October 29, 2024. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash-spun nonwoven materials and products containing same by reason of misappropriation of complainants’ trade secrets, wrongful use and exploitation of stolen confidential and proprietary information, and infringement of trademarks asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Xiamen Dangs New-Materials Co., Ltd., AKA Dawnsens New Materials Co., Ltd., Xiamen, China
- Beijing Dangsheng Technology Co., Ltd., Beijing, China
- Xiamen Dangsheng Technology Co., Ltd., Xiamen, China
- Kingwills New Material Technology Co., Ltd., Nantong, China
- Zhejiang Qingyun New Material Co., Ltd., Jiaxing, China
- Jiangsu Qingyun New Materials Co., Ltd., AKA Jiangsu Kingwills New Materials Co., Ltd., Nantong, China
- Shanghai Qingyun New Material Technology Co., Ltd., Shanghai, China
- Kingwills International Ltd., Kowloon, Hong Kong
- Harbourpoint Innovations Inc, Raleigh, NC
- Impak Corporation, Los Angeles, CA
- Shenzhen Zhengming Science and Technology Co., Ltd., Huizhou, China
- Weifang Konzer Safety Protective Equipment Co., Ltd., Anqiu, China
- Jiangsu Tubo New Material Co., Ltd., Kunshan, China
- Emedia Group. Inc., Greenville, SC
- endur-tec, LLC, Anderson, SC
- Hangzhou Several Sets of Electronic Commerce Co., Ltd., Yuhang, China
- Hangzhou Qiao Shell Digital Technology Co., Ltd., Yuhang, China
- Zhenping County Weihe Commerce and Trade Co., Ltd., Zhenping, China
By instituting this investigation (337-TA-1424), 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Glycine from China, India, Japan, and Thailand
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on glycine from India, Japan, and Thailand, and the countervailing duty orders on glycine from China and India 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 these products from China, India, Japan, and Thailand will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 these five-year (sunset) reviews.
The Commission’s public report Glycine from China, India, Japan, and Thailand (Inv. Nos. 701-TA-603-604 and 731-TA-1413-1415 (Review), USITC Publication 5564, November 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 20, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Glycine from China, India, Japan, and Thailand were instituted on May 1, 2024.
On August 5, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson and Rhonda K. Schmidtlein concluded that the domestic interested party group response was adequate and the respondent interested party group responses were inadequate, and voted for expedited reviews. Commissioner Jason E. Kearns did not participate in the adequacy vote.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Glycine from China, India, Japan, and Thailand; Inv. No. 701-TA-603-604 and 731-TA-1413-1415 (Review).
USITC Institutes Section 337 Investigation of Certain Electronic Eyewear Products, Components Thereof, and Related Charging Apparatuses
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic eyewear products, components thereof, and related charging apparatuses. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by IngenioSpec, LLC of San Jose, CA on October 10, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic eyewear products, components thereof, and related charging apparatuses containing 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 respondents in this investigation:
- ByteDance, Ltd. Beijing, China
- ByteDance Inc., Wilmington, DE
- Qingdao Chuangjian Weilai Technology Co., Ltd., Quindao City, China
- Funnico Inc., San Jose, CA
- PICO Immersive Pte, Ltd., Singapore
- HTC Corporation, Taoyuan, City, Taiwan
- HTC Europe Co Ltd., Berkshire, UK
- HTC Poland SP Z O.O., Warszawa, Poland
- Meta Platforms, Inc., Menlo Park, CA
- Meta Platforms Technologies, LLC, Menlo Park, CA
- Meta Platforms Technologies Ireland Ltd., Dublin, Ireland
- Meta Platforms Technologies UK Ltd., London, United Kingdom
- Valve Corporation, Bellevue, WA
- Valve GmbH Corporation, Hamburg, Germany
By instituting this investigation (337-TA-1423), 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.
Truck and Bus Tires from Thailand 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 truck and bus tires from Thailand that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
The Commission made a negative critical circumstances finding with regard to imports of this product from Thailand.
As a result of the Commission’s affirmative determination, Commerce will issue an antidumping duty order on imports of this product from Thailand.
The Commission’s public report Truck and Bus Tires from Thailand (Inv. No.731-TA-1658 (Final), USITC Publication 5562, November 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 23, 2024; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Status of the proceeding, links to relevant documents, and additional information for this investigation can be found at the Commission’s Investigations Database System (IDS).
USITC Institutes Section 337 Investigation of Certain Rechargeable Batteries and Components Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain rechargeable batteries and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by LithiumHub, LLC of Norris, SC, and Lithiumhub Technologies, LLC of Marshall, TX and Mr. Martin Koebler of Norris, SC, on September 12, 2024, and supplemented on September 30, October 2, and October 7, 2024. The complaint as supplemented alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain rechargeable batteries and components thereof that infringe patents asserted by the complainant. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Bass Pro Outdoor World LLC, Springfield, MO
- Cabela’s LLC, Springfield, MO
- Navico Group Americas LLC, Menomonee Falls, WI
- Relion Battery (Shenzhen) Technology Co, Shenzhen, China
- Renogy New Energy Co., LTD, Suzhou City, China
- RNG International Inc., Ontario, CA
- Clean Republic SODO LLC, Seattle, WA
- Shenzhen Yichen S-Power Tech Co. LTD, Shenzhen, China
- Shenzhen Fbtech Electronics LTD, Shenzhen, China
- Shenzhen LiTime Technology Co., LTD, Shenzhen, China
- Dragonfly Energy Corp., Reno, NV
- Dragonfly Energy Holdings Corp., Reno, NV
- MillerTech Energy Solutions LLC, Middlefield, OH
By instituting this investigation (337-TA-1421), 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.
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING UTILITY SCALE WIND TOWERS FROM CHINA AND VIETNAM
The United States International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on utility scale wind towers from China and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 these five-year (sunset) reviews.
The Commission’s public report Utility Scale Wind Towers from China and Vietnam (Inv. No. 701-TA-486 and 731-TA-1195-1196 (Second Review), USITC Publication 5553, October 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 25, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Large Residential Washers from Mexico
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on large residential washers from Mexico 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 these products from Mexico will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Large Residential Washers from Mexico (Inv. No. 731-TA-1200 (Second Review), USITC Publication 5552, October 2024) will contain the views of the Commission and information developed during the review.
The report will be available by October 25, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Large Residential Washers from Mexico was instituted on April 1, 2024.
On July 5, 2024, the Commission determined to conduct an expedited five-year review. Chair Amy A. Karpel and Commissioners David S. Johanson Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available on the investigations page for Large Residential Washers from Mexico; Inv. No. 731-TA-1200 (Review 2).
USITC Institutes Section 337 Investigation of Certain Smart Televisions
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart televisions. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Maxell, Ltd of Kyoto, Japan, on August 22, 2024 and supplemented on September 10, 2024. The complaint, as supplemented and amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart televisions 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 respondents in this investigation:
- TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia Technology Holdings, Ltd.), Shatin, Hong Kong,
- TCL Industries Holdings Co., Ltd., Guangdong, China,
- T.C.L. Industries Holdings (H.K.) Limited, Pak Shek Kok, Hong Kong,
- TTE Technology, Inc. (d/b/a TCL North America), Corona, CA,
- TTE Corporation, Shatin, Hong Kong,
- TCL King Electrical Appliances (Huizhou) Co. Ltd., Huizhou, China,
- Manufacturas Avanzadas S.A. de C.V., Chihuahua, Mexico,
- TCL Smart Device (Vietnam) Co., Ltd, Binh Duong Province, Vietnam,
- Shenzhen TCL New Technology Co., Ltd., Nanshan, China,
- TCL Optoelectronics Technology (Huizhou) Co., Ltd., Huizhou, China,
- TCL Overseas Marketing Ltd., Shatin, Hong Kong
- TCL Technology Group Corporation (f/k/a TCL Corp.), Guangdong, China
By instituting this investigation (337-TA-1420), 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.
USITC Institutes Section 337 Investigation of Certain Exercise Equipment and Subassemblies Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain exercise equipment and subassemblies thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Balanced Body, Inc. of Sacramento, CA, on August 15, 2024 and supplemented on September 6, 2024. The complaint, as supplemented and amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain exercise equipment and subassemblies thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Guangzhou Oasis, LLC, d/b/a trysauna.com, Boulder, CO,
- Ciga Pilates, Kowloon, Hong Kong,
- Shandong Tmax Machinery Technology Co. Ltd., Dezhou City, China,
- Shandong VOG Sports Products Co. Ltd., Dezhou City, China,
- Dezhou Bodi Fitness Equipment Co., Ltd., Dezhou City, China, and
- Suzhou Selfcipline Sports Goods Co., Ltd., Suzhou, China
By instituting this investigation (337-TA-1419), 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.
Freight Rail Couplers from Mexico 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 freight rail couplers and parts thereof from Mexico that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. Chairman David S. Johanson voted in the negative.
As a result of the Commission’s affirmative determinations, Commerce will issue an antidumping duty order on imports of this product from Mexico.
The Commission’s public report, Certain Freight Rail Couplers and Parts Thereof from Mexico (Inv. No. 731-TA-1593 (Final), USITC Publication 5470, November 2023) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 4, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Freight Rail Couplers and Parts Thereof from Mexico
Investigation No. 731-TA-1593 (Final)
Product Description: Certain freight rail couplers and parts thereof ("FRCs") are metal structures used to connect freight rail cars together. FRCs are comprised of two main metal components: knuckles and coupler bodies; in addition to ancillary parts (e.g., coupler locks, coupler lock lifters, knuckle pins, knuckle throwers, and rotors). Knuckles are typically metal castings in the shape of a hook that pivot on a vertical hinge between a "locked" and an "unlocked" position to allow for interlocking with knuckles of adjacent FRCs. Coupler bodies are a metal casting that hold the knuckle and allow it to pivot. FRCs are designed to connect two freight cars together by automatically interlocking the knuckles of both freight rail coupler systems when the freight cars are pushed together.
Status of Proceedings:
- Type of investigation: Antidumping duty investigation.1
- Petitioners: McConway and Torley, LLC, Pittsburgh, Pennsylvania; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.
- USITC Institution Date: Wednesday, September 28, 2022.
- USITC Hearing Date: Thursday, May 18, 2023.
- USITC Vote Date: Tuesday, October 24, 2023.
- USITC Notification to Commerce Date: Monday, November 06, 2023.
U.S. Industry in 2022:
- Number of U.S. producers: 2.
- Location of producers’ plants: Illinois and Pennsylvania.
- Production and related workers: 2
- U.S. producers’ U.S. shipments: 2
- Apparent U.S. consumption: 2
- Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2022:
- Subject imports: 2
- Nonsubject imports: 2
- Leading import sources: China and Mexico.
1 The Commission voted on its countervailing and antidumping investigations on FRC from China (Inv. Nos. 701-682 and 731-1592) on June 14, 2023, and notified Commerce of its affirmative determinations on July 3, 2023.
2 Withheld to avoid disclosure of business proprietary information.