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U.S. International Trade Commission

January 25, 2024

News Release 24-011

Inv. No(s). 701-TA-489, 731-TA-1201

Contact: Jennifer Andberg , 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Drawn Stainless Steel Sinks from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on drawn stainless steel sinks 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 determinations, the existing orders on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel 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 Drawn Stainless Steel Sinks from China (Inv. Nos. 701-TA-489 and 731-TA-1201 (Second Review), USITC Publication 5489, February 2024) will contain the views of the Commission and information developed during the review. 

The report will be available by February 29, 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.

These five-year (sunset) reviews concerning Drawn Stainless Steel Sinks from China were instituted on July 3, 2023.

On October 6, 2023, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel 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 Randolph J. Stayin did not participate.

A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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January 24, 2024

News Release 24-010

Inv. No(s). 701-TA-684 , 731-TA-1597

Contact: Jennifer Andberg , 202-205-1819

Gas Powered Pressure Washers from China 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 gas powered pressure washers from China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the Government of China.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty and countervailing orders on imports of this product from China. 

The Commission also made negative critical circumstances findings with respect to imports of this product from China. As a result, these imports will not be subject to retroactive antidumping and countervailing duties.

The Commission’s public report Gas Powered Pressure Washers from China (Inv. Nos. 701-TA-684 and 731-TA-1597 (Final), USITC Publication 5488, February 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 4, 2024; 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 

Gas Powered Pressure Washers from China  

Product Description:  The products covered by these investigations are cold-water gas powered pressure washers ("GPPW"). These machines have three main components: an internal combustion engine, a power take-off shaft, and a positive displacement pump. Together, these components are known as the "power unit." GPPW include both finished and unfinished gas powered pressure washers, which include, at a minimum, the power unit, or components of the components of the power unit, packaged or imported together. Additional components, including, but not limited to, spray guns, nozzles, and hoses, may accompany the power unit.  

Status of Proceedings: 

  1. Type of investigation:  Final antidumping and countervailing duty investigations. 
  2. Petitioners:  FNA Group, Inc. 
  3. USITC Institution Date:  Friday, December 30, 2022. 
  4. USITC Hearing Date:  Thursday, August 24, 2023. 
  5. USITC Vote Date:  Wednesday, January 24, 2024.1
  6. USITC Notification to Commerce Date: Monday, February 5, 2024.  

U.S. Industry in 2022: 

  1. Number of U.S. producers:  4. 
  2. Location of producers’ plants:  Arkansas, Minnesota, South Carolina, Tennessee, Texas, and Wisconsin. 
  3. Production and related workers: 2
  4. U.S. producers’ U.S. shipments:  2
  5. Apparent U.S. consumption:  2 
  6. Ratio of subject imports to apparent U.S. consumption:  2  

U.S. Imports in 2022: 

  1. Subject imports:  2 
  2. Nonsubject imports:  2 
  3. Leading import sources:  China, Vietnam. 

_____________________________

1 The Commission voted on its antidumping duty investigation on gas powered pressure washers from Vietnam on September 25, 2023, and notified Commerce of its determination on October 13, 2023. 
2 Withheld to avoid disclosure of business proprietary information.

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January 20, 2023

Inv. No(s). 337-TA-1350

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Integrated Circuits, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain integrated circuits, components thereof, and products containing the 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 Realtek Semiconductor Corporation of Hsinchu, Taiwan on December 12, 2022, amended on December 23, 2022, and supplemented on January 17, 2023.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits, 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 a cease and desist order. 

The USITC has identified Advanced Micro Devices, Inc. of Santa Clara, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1350), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
 

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May 25, 2012

News Release 12-055

Inv. No(s). 332-529

Contact: Peg O'Laughlin , 202-205-1819

USITC Releases Report on Likely Effects of Modifications to the U.S. Generalized System of Preferences

The U.S. International Trade Commission (USITC) today released a public version of its confidential report on the probable economic effect of possible modifications to the U.S. Generalized System of Preferences (GSP), which provides duty-free treatment for specified U.S. imports from certain developing countries.

The investigation, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2011 Review of Additions and Competitive Need Limitation Waivers, was requested by the U.S. Trade Representative (USTR).

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on May 14, 2012. The USTR requested that the USITC issue a public version of the report containing only the unclassified sections, with any business confidential information deleted.

The investigation provides advice on the likely impact on competing U.S. industries on U.S. imports, and on U.S. consumers, of granting GSP eligibility for the following Harmonized Tariff Schedule (HTS) subheadings and countries as noted:

For all GSP-eligible countries:

 

 

  • 3923.21.00 (sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene (Petition seeks GSP eligibility for statistical reporting number 3923.21.00.30, which would need to become a new eight-digit HTS subheading.)).

For least-developed beneficiary developing countries (LDBDC):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  • 5201.00.18 (cotton, not carded or combed, having a staple length under 28.575 mm (1-1/8 inches), n/harsh or rough, nesoi),
  • 5201.00.22 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, described in gen. note 15),
  • 5201.00.24 (cotton,/carded or combed, harsh or rough, staple length 29.36875 mm or more but n/o 34.925 mm, white in color, quota described in ch 52 add US note 6),
  • 5201.00.28 (cotton, not carded or combed, harsh or rough, staple length of 29.36875 mm or more but under 34.925 mm & white in color, nesoi),
  • 5201.00.34 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, other, quota described in chapter 52 add'l US note 7),
  • 5201.00.38 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi),
  • 5202.91.00 (cotton garnetted stock),
  • 5202.99.30 (cotton card strips made from cotton waste having staple length under 30.1625 mm & lap, sliver & roving waste, nesoi),
  • 5203.00.05 (cotton fibers, carded or combed, of cotton fiber processed but not spun, described in gen. note 15),
  • 5203.00.10 (cotton fibers, carded or combed, of cotton fiber processed but not spun, quota described in chapter 52 add'l US note 10),
  • 5203.00.30 (cotton fibers, carded or combed, of cotton fiber processed, but not spun, nesoi), and
  • 5203.00.50 (cotton carded or combed, excluding fibers of cotton processed but not spun).

Additionally, the investigation provides advice on the likely impact on competing U.S. industries, on U.S. imports, and on U.S. consumers of granting competitive need limitation waivers on the following nine HTS subheadings for the countries as noted. "Competitive need limitations" set the maximum U.S. import level for GSP eligibility and are based on the dollar value or share of total imports of a given product. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  • 1602.50.20 (prepared or preserved beef in airtight containers, other than corned beef, not containing cereals or vegetables) from Argentina,
  • 2840.19.00 (disodium tetraborate (refined borax) except anhydrous) from Turkey,
  • 2921.19.60 (other acyclic monoamines and their derivatives) from the Philippines,
  • 2922.41.00 (lysine and its esters and salts thereof) from Brazil,
  • 3307.41.00 ("agarbatti" and other odoriferous preparations which operate by burning, to perfume or deodorize rooms or used during religious rites) from India,
  • 4015.19.10 (seamless gloves of vulcanized rubber other than hard rubber, other than surgical or medical gloves) from Thailand,
  • 7606.12.30 (aluminum alloy, plates/sheets/strip, w/thick. o/0.2mm, rectangular (inc. sq), not clad) from Indonesia,
  • 8415.90.80 (parts for air conditioning machines, nesi) from Thailand, and
  • 8708.30.50 (pts. & access. of mtr. vehicles of 8701, nesoi, and 8702-8705, brakes and servo-brakes & pts thereof) from India.

Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2011 Review of Additions and Competitive Need Limitation Waivers (Investigation No. 332-529, USITC publication 4327, May 2012) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4327.pdf.

The report may be requested by sending an email to 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 one, cover matters related to tariffs or trade. The investigations are generally conducted at the request of USTR, the Senate Committee on Finance, or the House Committee on Ways and Means; the USITC may also self-initiate investigations. 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 requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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May 15, 2012

News Release 12-053

Inv. No(s). 731-TA-891 (Second Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Foundry Coke from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on foundry coke 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 these five-year (sunset) reviews.

The Commission's public report Foundry Coke from China (Inv. No. 731-TA-891 (Second Review), USITC Publication 4326, May 2012) will contain the views of the Commission and information developed during the review.

Copies may be requested after June 19, 2012, 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 Foundry Coke from China was instituted on December 1, 2011.

On March 5, 2012, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission's vote to conduct an expedited 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.

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May 7, 2012

News Release 12-051

Inv. No(s). 731-TA-895 (Second Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Will Expedite Five-Year (Sunset) Review Concerning Pure Magnesium (Granular) from China

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on pure magnesium (granular) from China (Inv. No. 731-TA-895 (Second Review)).

As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.

Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Dean A. Pinkert did not participate in this review.

A record of the Commission's vote on this matter 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 vote 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 on "pure magnesium" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.

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May 7, 2012

News Release 12-050

Inv. No(s). 731-TA-739 (Third Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Will Conduct Full Five-Year (Sunset) Review Concerning Clad Steel Plate from Japan

The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year ("sunset") review concerning the antidumping duty order on clad steel plate from Japan (Inv. No. 731-TA-739 (Third Review)).

As a result of this vote, the Commission will conduct a full review to determine whether revocation of this order 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.

All six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.

A record of the Commission's vote on this matter 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 vote 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 on "clad steel plate" 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 review.

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May 4, 2012

News Release 12-049

Inv. No(s). 332-501

Contact: Peg O'Laughlin , 202-205-1819

USITC Releases Third Annual Report on U.S. Textile and Apparel Imports from China

The U.S. International Trade Commission (USITC) today released its annual compilation of bi-weekly reports on textile and apparel imports from China.

The report, Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2011, was requested by the U.S. House of Representatives' Committee on Ways and Means.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, produced an annual compilation of data that has been posted on a bi-weekly basis on the USITC website. The data in the report are shown on an annual and quarterly basis, by category and by Harmonized Tariff Schedule (HTS) 10-digit subheadings.

By category, annual data are provided from 2005 through 2011, and quarterly data are provided from first quarter 2010 through fourth quarter 2011. By HTS10 subheading, annual data are provided from 2009 through 2011, and quarterly data are provided from first quarter 2010 through fourth quarter 2011.

The report also will be available on the USITC Internet site in Excel and PDF formats at http://www.usitc.gov/research_and_analysis/What_We_Are_Working_On.htm (scroll down to the bottom of the page). A DVD of the report may be requested by email at 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. 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 requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

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April 13, 2012

News Release 12-038

Inv. No(s). 701-TA-489(P), 731-TA-1201 (P)

Contact: Peg O'Laughlin , 202-205-1819

USITC Votes to Continue Cases On Drawn Stainless Steel Sinks from China

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 drawn stainless steel sinks from China that are allegedly subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

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 May 25, 2012, and its preliminary antidumping duty determination due on or about August 8, 2012.

The Commission's public report Drawn Stainless Steel Sinks from China (Investigation Nos. 701-TA-489 and 731-TA-1201 (Preliminary), USITC Publication 4317, April 2012) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after May 14, 2012, 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.

 


 

 

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

 

FACTUAL HIGHLIGHTS

Drawn Stainless Steel Sinks from China

Investigations No. 701-TA-489 and 731-TA-1201 (Preliminary)

 

Product Description: Drawn stainless steel sinks are characterized by a seamless basin and rim, shaped by forming (drawing), punching, and stamping operations from a single stainless steel sheet blank, in contrast to nonsubject fabricated sinks which are assembled by bending and welding together one or more stainless steel sheets. The stainless steel surfaces of drawn sinks provide a combination of strength, light weight, flexibility, toughness, stain and heat resistance, easy maintenance, and aesthetic appeal particularly for their most common end-use application in residential kitchens. Whether consisting of only a single basin or of multiple basins joined together, these sinks are typically available in two different mounting configurations, for either top (drop-in) mounting above the countertop or for undermounting beneath the countertop.

 

Status of Proceedings:

1.  Type of investigations:  Preliminary countervailing duty and antidumping.
2.  Petitioner:  Elkay Manufacturing Company, Oak Brook, IL.
3.  Preliminary investigations instituted by the USITC:  March 1, 2012.
4.  Commission's conference:  March 22, 2012.
5.  USITC vote:  April 13, 2012.
6.  USITC determinations to the U.S. Department of Commerce:  April 16, 2012.
7.  USITC views to the U.S. Department of Commerce:  April 23, 2012.

U.S. Industry:

1.  Number of producers in 2011:  Six.
2.  Locations of producers' plants:  Delaware, Illinois, Louisiana, New York, North Carolina,
        Pennsylvania, and Utah.
3.  Employment of production and related workers in 2011: (1)
4.  Apparent U.S. consumption in 2011:  $303.9 million.
5.  Ratio of the value of total U.S. imports to total U.S. consumption in 2011: (1)

U.S. Imports:

1.  From the subject country during 2011:  $119.1 million.
2.  From other countries during 2011: (1)
3.  Leading sources during 2011:  China and Mexico (in terms of total value).

 

 

-- 30 --

 

(1) Withheld to avoid revealing business proprietary information.

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April 12, 2012

News Release 12-037

Inv. No(s). 731-TA-683 (Third Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Fresh Garlic from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on fresh garlic 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 these five-year (sunset) reviews.

The Commission's public report Fresh Garlic from China (Inv. No. 731-TA-683 (Third Review), USITC Publication 4316, April 2012) will contain the views of the Commission and information developed during the review.

Copies may be requested after May 18, 2012, 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 Fresh Garlic from China was instituted on September 1, 2011.

On December 5, 2011, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission's vote to conduct an expedited 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.

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