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News Release 22-018
Inv. No(s). 337-TA-1297
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video processing devices, components thereof, and digital smart televisions containing the same II. 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 November 24, 2021. 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, components thereof, and digital smart televisions containing the same that infringe on 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 this investigation:
TCL Technology Group Corporation, of Huizhou, Guangdong, China;
TCL Electronics Holdings Limited, of Shenzhen, Guangdong, China;
TTE Technology, Inc., of Corona, CA;
Shenzhen TCL New Technologies Co., Ltd., of Shenzhen, Guangdong, China;
TCL King Electrical Appliances (Huizhou) Co. Ltd., of Huizhou, Guangdong, China;
TCL MOKA International Limited, of Sha Tin, New Territories, Hong Kong; and
TCL Smart Device (Vietnam) Co., Ltd., of Binh Duong Province, Vietnam.
By instituting this investigation (337-TA-1297), 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 22-016
Inv. No(s). 332-585
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has released the first of two reports on foreign censorship policies and practices that affect U.S. businesses.
The investigations, Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses and Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses, were requested by the Senate Committee on Finance in a letter received on April 8, 2021, modifying its earlier letter of January 4, 2021.
As requested, in the first report, the USITC, an independent, nonpartisan federal agency, identified and described various foreign censorship practices, with particular focus on examples that U.S. businesses cite as impeding trade or investment in key foreign markets.
The report includes:
- a description of the evolution of censorship and censorship-enabling policies and practices over the past five years in six key foreign markets: China, Russia, Turkey, Vietnam, India, and Indonesia; and
- a description of elements that entail extraterritorial censorship and the roles of governmental and nongovernmental actors in implementing and enforcing censorship policies and practices in these six key foreign markets.
Detailed information on the Commission's findings can be found in the report's Executive Summary.
Foreign Censorship, Part 1: Policies and Practices Affecting U.S. Businesses (Investigation No. 332-585, USITC publication 5244, December 2021) is available on the USITC's internet site at https://www.usitc.gov/publications/332/pub5244.pdf.
About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 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.
News Release 22-015
Inv. No(s). 337-TA-1296
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain adalimumab, processes for manufacturing or relating to same, 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 AbbVie Inc. of Chicago, IL, AbbVie Biotechnology Ltd of Hamilton, Bermuda, and AbbVie Operations Singapore Pte. Ltd. of Singapore, on December 17, 2021. A supplement to the complaint was filed on January 4, 2022. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States or sale of adalimumab, processes for manufacturing or relating to same, and products containing same by reason of the misappropriation of trade secrets and tortious interference with contractual relations, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
Alvotech hf., of Reykjavik, Iceland;
Alvotech Germany GmbH, of Julich, Nordrhein-Westfalen, Germany;
Alvotech Swiss AG, of Zurich, Switzerland;
Alvotech USA Inc., of Arlington, VA;
Ivers-Lee AG, of Bern, Switzerland;
Teva Pharmaceutical Industries Ltd., of Petach Tikva, Israel; and
Teva Pharmaceuticals USA Inc., of North Wales, PA.
By instituting this investigation (337-TA-1296), 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 22-013
Inv. No(s). 337-TA-1295
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit products and devices 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 Future Link Systems, LLC of Santa Clara, CA, on December 29, 2021. 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 circuit products and devices containing the same that infringe patents asserted by the complainants. The complainant requests that the USITC issue a limited exclusion order, a permanent cease and desist order.
The USITC has identified the following as the respondents this investigation:
Advanced Micro Devices, Inc. of Santa Clara, CA;
Apple Inc. of Cupertino, CA;
Broadcom Inc. of San Jose, CA;
Broadcom Corporation of San Jose, CA;
Qualcomm Inc. of San Diego, CA;
Qualcomm Technologies, Inc. of San Diego, CA;
Amlogic Holdings Ltd. Of Cayman Islands;
Amlogic (CA) Co., Inc. of Santa Clara, CA;
Realtek Semiconductor Corp. of Hsinchu, Taiwan;
Dell Technologies Inc. of Round Rock, TX;
HP, Inc. of Palo Alto, CA;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
Lenovo Group Ltd. of Hong Kong;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL; and
Google LLC of Mountain View, CA.
By instituting this investigation (337-TA-1295), 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 22-014
Inv. No(s). 332-588
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on operations and conditions of competitiveness in U.S. foreign trade zones and similar programs in Canada and Mexico (FTZs).
The investigation, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, Inv. No. 332-588, was requested by the U.S. Trade Representative (USTR) in a letter received on December 14, 2021.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the USTR. The report will provide, to the extent practicable:
- an overview of economic activity in FTZs operating in the United States, Canada, and Mexico since 2016;
- an overview of the current FTZ policies and practices in the United States, Canada, and Mexico; and
- an analysis of the effects of current FTZ policies and practices in the United States, Canada, and Mexico on the cost-competitiveness of products of U.S. firms operating in these FTZs.
The USITC expects to submit its report to the USTR by April 14, 2023.
The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on May 17, 2022. Information about how to participate in the hearing, including whether it will be virtual, will be posted on the Commission’s website no later than April 12, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.
Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 3, 2022 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. See below for important information regarding filing a request to appear at a USITC hearing.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on November 30, 2022. All written submissions, except for confidential business information, will be available for public inspection. See below for important information regarding the filing of written submissions for USITC investigations.
IMPORTANT: All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@USITC.gov), or consult the Commission’s Handbook on Filing Procedures.
Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated January 26, 2021, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov. .
About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 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.
News Release 22-012
Inv. No(s). 337-TA-1294
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of high-performance gravity-fed water filters 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 Brita LP of Neuchatel, NE, Switzerland on December 27, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of high-performance gravity-fed water filters and products containing the same that infringe a 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 this investigation:
EcoLife Technologies, Inc., of City of Industry, CA;
Qingdao Ecopure Filter Co., Ltd. of Environmental Protection Industry Zone Jimo, Qingdao, Shandong Province, China;
Kaz USA, Inc., of El Paso, TX;
Helen of Troy Limited, of El Paso, TX;
Zero Technologies, LLC, of Trevose, PA;
Culligan International Co., of Rosemont, IL;
Vestergaard Frandsen Inc., of Baltimore, MD;
Mavea LLC, of West Linn, OR; and
Brita GmbH, of Taunusstein, Germany.
By instituting this investigation (337-TA-1294), 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 22-011
Inv. No(s). 731-TA-1279
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of hydrofluorocarbon blends 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.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, 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 Hydrofluorocarbon Blends from China (Inv. No. 731-TA-1279 (First Review), USITC Publication 5278, February 2022) will contain the views of the Commission and information developed during the review.
The report will be available by February 28, 2022; 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 review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Hydrofluorocarbon blends from China was instituted on July 1, 2021.
On October 4, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was 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.
News Release 22-010
Inv. No(s). 337-TA-1293
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts 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 OPEX Corporation of Moorestown, NJ, on December 22, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts 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 this investigation:
HC Robotics (a.k.a Huicang Information Technology Co., Ltd.), of Hangzhou City, Zheijang Province, China; and
Invata, LLC (d/b/a Invata Intralogistics), of Conshohocken, PA.
By instituting this investigation (337-TA-1293), 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 22-009
Inv. No(s). 731-TA-308-310, and 520-521
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 Brazil, China, Japan, Taiwan, and Thailand will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, 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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand (Inv. Nos. 731-TA-308-310, and 520-521 (Fifth Review), USITC Publication 5276, February 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 23, 2022; 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 review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand were instituted on July 1, 2021.
On October 4, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group responses wereas inadequate and voted for full 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.
News Release 22-007
Inv. No(s). 337-TA-1291
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps. 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 Kia Corporation, of Seoul, Republic of Korea and Kia America, Inc. of Irvine, CA, on December 16, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain replacement automotive lamps 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 the respondents this investigation:
TYC Brother Industrial Co., Ltd., of Tainan, Taiwan;
Genera Corporation (d/b/a TYC Genera), of Brea, CA;
LKQ Corporation, of Chicago, IL; and
Keystone Automotive Industries, Inc., of Exeter, PA.
By instituting this investigation (337-TA-1291), 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.