U.S. International Trade Commission

1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners:  Coalition of Domestic Folder Manufacturers.
3. USITC Institution Date:  Wednesday, October 12, 2022.
4. USITC Conference Date:  Wednesday, November 02, 2022.
5. USITC Vote Date:  Monday, November 28, 2022.
6. USITC Notification to Commerce Date:  Monday, December 5, 2022.

1. Number of U.S. producers:  2.
2. Location of producers’ plants:  Minnesota, Missouri, Ohio, and Utah.
3. Production and related workers:   ¹
4. U.S. producers’ U.S. shipments:  ¹
5. Apparent U.S. consumption:  ¹

Ratio of subject imports to apparent U.S. consumption:  ¹

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

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain bio-layer interferometers 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 Sartorius Bioanalytical Instruments, Inc. of Bohemia, NY on October 25, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain bio-layer interferometers and components thereof 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 Gator Bio, Inc. of Palo Alto, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1344), 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.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain video processing devices 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 DivX, LLC of San Diego, CA on October 24, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain video processing devices and components thereof 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 the following as the respondents in this investigation:

Amazon.com, Inc. of Seattle, WA and
VIZIO, Inc. of Irvine, CA.

By instituting this investigation (337-TA-1343), 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.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductor devices having layered dummy fill, electronic devices, 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 Bell Semiconductor, LLC of Bethlehem, PA on October 14, 2022 and as supplemented on October 25, 2022; October 31, 2022; and November 4, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of semiconductor devices having layered dummy fill, electronic devices, and components thereof that infringe one patent 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 the respondents in this investigation:

Analog Devices Inc. of Norwood, MA;
Arlo Technologies, Inc. of Milpitas, CA;
Bose Corporation of Framingham, MA;
DENSO Corporation of Kariya, Japan;
Kioxia America, Inc. of San Jose, CA;
Kioxia Corporation of Tokyo, Japan;
Linksys USA, Inc. of Irvine, CA;
MACOM Technology Solutions, Inc. of Lowell, MA;
Marvell Semiconductor, Inc. of Santa Clara, CA;
Marvell Technology Group, Ltd. of Hamilton, Bermuda;
MaxLinear, Inc. of Carlsbad, CA;
OmniVision Technologies, Inc. of Santa Clara, CA;
Silicon Laboratories, Inc. of Austin, TX;
Skyworks Solutions, Inc. of Irvine, CA; and
Suteng Innovation Technology Co., Ltd., d/b/a RoboSense of Shenzen, China.

By instituting this investigation (337-TA-1342), 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.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of superabsorbent polymers from South Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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

As a result of the Commission’s affirmative determination, Commerce will issue an antidumping duty order on imports of this product from South Korea.

The Commission’s public report Superabsorbent Polymers from South Korea (Inv. No. 731-TA-1574 (Final), USITC Publication 5388, December 2022) will contain the views of the Commission and information developed during the investigation.

The report will be available by January 2, 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

Superabsorbent Polymers from South Korea
Investigation No. 731-TA-1574 (Final)

Product Description:  The merchandise covered by this investigation is superabsorbent polymers (SAP), which is cross-linked sodium polyacrylate most commonly conforming to Chemical Abstracts Service (CAS) registry number 9003-04-7, where at least 90 percent of the dry matter, by weight on a nominal basis, corrected for moisture content, is comprised of a polymer with a chemical formula of (C₃H₃O₂Na_xH_1-x)_n, where x is within a range of 0.00-1.00 and there is no limit to n. The subject merchandise also includes merchandise with a chemical formula of {(C₂H₃)COONa_yH_(1-y)}_n, where y is within a range of 0.00-1.00 and there is no limit to n. The subject merchandise includes SAP which is fully neutralized as well as SAP that is not fully neutralized. The subject merchandise may also conform to other CAS numbers. All forms and sizes of SAP, regardless of packaging type, including but not limited to granules, pellets, powder, fibers, flakes, liquid, or gel are within this investigation. It also includes SAP whether or not it incorporates additives for anticaking, anti-odor, anti-yellowing, or similar functions. The investigation also includes SAP that is combined, commingled, or mixed with other products after final sieving. For such combined products, only the SAP component is covered in this investigation.  

1. Type of investigation:  Final antidumping duty investigation.
2. Petitioners:  Ad Hoc Coalition of American SAP Producers, whose members include BASF Corporation, Florham Park, NJ; Evonik  Superabsorber LLC, Greensboro, NC; and Nippon Shokubai America Industries, Inc., Pasadena, TX.
3. USITC Institution Date:  Tuesday, November 02, 2021.
4. USITC Hearing Date:  Tuesday, October 18, 2022.
5. USITC Vote Date:  Thursday, November 17, 2022.
6. USITC Notification to Commerce Date:  Thursday, December 08, 2022.

1. Number of U.S. producers:  3.
2. Location of producers’ plants:  Louisiana, North Carolina, and Texas.
3. Production and related workers:   ¹
4. U.S. producers’ U.S. shipments:  $580 million.
5. Apparent U.S. consumption:  ¹
6. Ratio of subject imports to apparent U.S. consumption:  ¹

1. Subject imports:  ¹
2. Nonsubject imports:  ¹
3. Leading import sources:  South Korea, the European Union, Canada, and Japan.

_______________________________

  ¹ Withheld to avoid disclosure of business proprietary information.

The U.S. International Trade Commission (USITC) today released a report cataloging information on the distributional effects of trade and trade policy on underrepresented and underserved communities.

The investigation, Distributional Effects of Trade and Trade Policy on U.S. Workers (Inv. No. 332-587), was requested by the U.S. Trade Representative in a letter received on October 14, 2021.

As requested, the USITC, an independent nonpartisan factfinding federal agency, gathered information through roundtable discussions among representatives of underrepresented or underserved communities, a symposium focused on academic and similar research on the distributional effects of trade and trade policy, and a review of economic literature on this topic. The Commission also accepted written submissions and conducted a public hearing in connection with the investigation.

The information in this report includes, but is not limited to:

• a summary of seven roundtable discussions in which participants discussed their perspectives and experiences of the impact of trade, trade policy, and other events on underserved and underrepresented communities;
• a catalogue of information collected through written submissions and a public hearing held to supplement the roundtables;
• a critical review and detailed assessment of academic and policy research examining the distributional effects of trade, which identifies gaps in the data and literature, and indicates where improvements to the coverage of and access to datasets could improve analysis of the distributional effects on underrepresented or underserved communities; and
• an overview of a two-day academic symposium where participants discussed the methodologies and data gaps involved in researching distributional trade effects, as well as relevant research underway on these effects globally.

Detailed highlights of the Commission’s findings can be found in the report’s Executive Summary.

USITC general factfinding investigations 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.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Freight Rail Couplers and Parts Thereof from China and Mexico
Investigation Nos. 701-TA-682 and 731-TA-1592-1593 (Preliminary)

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:

1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners:  McConway and Torley, LLC, Pittsburgh, Pennsylvania; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
3. USITC Institution Date:  Wednesday, September 28, 2022
4. USITC Conference Date:  Wednesday, October 19, 2022
5. USITC Vote Date:  Thursday, November 10, 2022
6. USITC Notification to Commerce Date:  Monday, November 14, 2022

U.S. Industry in 2021:

1. Number of U.S. producers:  3
2. Location of producers’ plants:  Illinois, Michigan, and Pennsylvania
3. Production and related workers: ¹
4. U.S. producers’ U.S. shipments: ¹
5. Apparent U.S. consumption: ¹
6. Ratio of subject imports to apparent U.S. consumption: ¹

U.S. Shipments of Imports in 2021:

1. Subject imports: ¹
2. Nonsubject imports: None
3. Leading import sources: China and Mexico

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) reviews concerning 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China were instituted on April 1, 2022.

On July 5, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.

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.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices, semiconductor devices, 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 Bell Semiconductor, LLC of Bethlehem, PA on October 6, 2022 and as amended. Supplements to the complaint were filed on October 21 and October 28, 2022.  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 devices, semiconductor devices, 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 the following as the respondents in this investigation:

Acer America Corporation of San Jose, CA;
Acer, Inc. of New Taipei City, Taiwan;
Advanced Micro Devices, Inc. of Santa Clara, CA;
Infineon Technologies AG of Neubiberg, Germany;
Infineon Technologies America Corp. of Milpitas, CA;
Micron Technology, Inc. of Boise, ID;
Motorola Mobility LLC of Chicago, IL;
NVIDIA Corporation of Santa Clara, CA;
NXP B.V. of Eindhoven, Netherlands;
NXP Semiconductors, N.V. of Eindhoven, Netherlands;
NXP USA, Inc. of Austin, TX;
SMC Networks, Inc. d/b/a/ IgniteNet of Irvine, CA; and
Western Digital Technologies, Inc. of San Jose, CA.

By instituting this investigation (337-TA-1340), 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.

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 Finished Carbon Steel Flanges from India, Italy, and Spain was instituted on May 2, 2022.

On August 5, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group responses were adequate and the respondent group responses were inadequate and voted for expedited reviews.

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.