The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") review concerning the antidumping duty order on silicon metal from China (Inv. No. 731- TA-472 (Third 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.

Vice Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, 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. Chairman Deanna Tanner Okun 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.

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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable communication devices. The products at issue in this investigation are cellular phones, tablet computers, and other such devices.

The investigation is based on an amended complaint filed by Digitude Innovations, LLC, of Alexandria, VA, on December 16, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable communication devices that infringe patents asserted by Digitude Innovations. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

Research in Motion Ltd. of Canada;
Research in Motion Corp. of Irving, TX;
HTC Corporation of Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Electroincs, Inc., of San Diego, CA;
Sony Ericsson Mobile Communications AB of Sweden;
Sony Ericsson Mobile Communications (USA) Inc. of Research Triangle Park, NC;
Amazon.com, Inc., of Seattle, WA;
Nokia Corporation of Finland;
Nokia Inc. of Irving, TX;
Pantech & Curitel Communication, Inc. of South Korea; and
Pantech Wireless Inc. of Atlanta, GA.

By instituting this investigation (337-TA-827), 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 six 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) has voted to institute an investigation of certain electric firelplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same. The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace.

The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL, and TS Investment Holding Corp. of Miami, FL, on December 13, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract. The complainants request that the USITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.

The USITC has identified the following as respondents in this investigation:

Shenzhen Reliap Industrial Co. of China;
Yue Qiu Sheng (aka Jason Yue) of China; and
Whalen Furniture Manufacturing Inc. of San Diego, CA.

By instituting this investigation (337-TA-826), the USITC has not yet made any decision on the merits of the case. However, the USITC has determined to consolidate this investigation with a related investigation (337-TA-791). The USITC's Chief Administrative Law Judge will assign the consolidated case to one of the USITC's six 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 consolidated investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a new 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) has voted to institute an investigation of certain silicon microphone packages and products containing same. The products at issue in this investigation are silicon microphone packages.

The investigation is based on a complaint filed by Knowles Electronics, LLC, of Itasca, IL, on December 7, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain silicon microphone packages and products containing same that infringe patents asserted by Knowles Electronics. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

Analog Devices Inc. of Norwood, MA;
Amkor Technology, Inc., of Chandler, AZ; and
Avnet Inc. of Phoenix, AZ.

By instituting this investigation (337-TA-825), 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 six 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) has voted to institute an investigation of certain Blu-ray disc players, components thereof, and products containing same. The products at issue in this investigation are Blu-ray disc players that incorporate features known as BD-Live (Profile 2.0) and/or BonusView (Profile 1.1).

The investigation is based on a complaint filed by Walker Digital, LLC of Stamford, CT, on December 2, 2011. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. 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 Blu-ray disc players, components thereof, and products containing same that infringe a patent asserted by Walker Digital. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

D&M Holdings, Inc., of Japan;
D&M Holdings US, Inc., of Mahwah, NJ;
Denon Electronics (USA) LLC of Mahwah, NJ;
Funai Electric Co., Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
Haier Group Corporation of China;
Haier America Trading, LLC, of New York, NY;
Harman International Industries, Inc., of Stamford, CT;
Inkel Corporation of South Korea;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Marantz America LLC of Mahwah, NJ;
Onkyo Sound & Vision Corporation of Japan;
Onkyo USA Corporation of Upper Saddle River, NJ;
Orion America, Inc., of Princeton, NJ;
Orion Electric Co., Ltd., of Japan;
Panasonic Corporation of Japan;
Panasonic Corporation of North America of Seacaucus, NJ;
P&F USA, Inc., of Alpharetta, GA;
Philips Electronics North America Corp. of Andover, MA;
Pioneer Corporation of Japan;
Pioneer Electronics (USA) Inc. of Long Beach, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Sharp Corporation of Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sherwood America, Inc., of La Mirada, CA;
Sony Corporation of Japan;
Sony Computer Entertainment, Inc., of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc., of San Diego, CA;
Sony Computer Entertainment America LLC of Foster City, CA;
Toshiba Corporation of Japan;
Toshiba America Information Systems, Inc., of Irvine, CA; and
VIZIO, Inc., of Irvine, CA.

By instituting this investigation (337-TA-824), 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 six 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) has voted to institute an investigation of certain kinesiotherapy devices and components thereof.

The investigation is based on a complaint filed by Standard Innovation Corporation of Canada and Standard Innovation (US) Corp. of Alexandria, VA, on December 2, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain kinesiotherapy devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

LELO Inc. of San Jose, CA;
Leloi AB of Sweden;
LELO of China;
Natural Contours Europe of the Netherlands;
Momentum Management, LLC, a.k.a. Bushman Products of Torrance, CA;
Evolved Novelties, Inc., of Canoga Park, CA;
Nalpac Enterprises, Ltd. d/b/a Nalpac, Ltd., of Ferndale, MI;
E.T.C., Inc. d/b/a Eldorado Trading Company, Inc., of Broomfield, CA;
Williams Trading Co., Inc., of Pennsauken, NJ;
Honey's Place, Inc., of San Fernando, CA;
Lover's Lane & Co. of Plymouth, MI;
PHE, Inc. d/b/a/ Adam & Eve of Hillsborough, NC;
Castle Megastore Group, Inc., of Tempe, AZ;
Shamrock 51 Management Company, Inc., of Maitland, FL;
Paris Intimates, LLC, of West Bloomfield, MI;
Drugstore.com, Inc., of Bellevue, WA;
Peekay, Inc., of Auburn, WA;
Mile Inc. d/b/a Lion's Den Adult of Worthington, OH;
Marsoner, Inc. d/b/a Fascinations of Chandler, AZ;
Love Boutique-Vista, LLC d/b/a Deja vu of Vista, CA; and
Toys in Babeland LLC of Seattle, WA.

By instituting this investigation (337-TA-823), 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 six 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) has voted to institute an investigation of certain integrated circuits, chipsets, and products containing same including televisions. The products at issue in this investigation are integrated circuits ("ICs" or "chips") with on-die termination circuitry.

The investigation is based on a complaint filed by Freescale Semiconductor, Inc., of Austin, TX, on December 1, 2011. 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, chipsets, and products containing same including televisions that infringe patents asserted by Freescale. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

MediaTek Inc. of Taiwan;
Zoran Corporation of Sunnyvale, CA;
Vizio, Inc., of Irvine, CA;
Sanyo Electric Co., Ltd., of Japan;
Sanyo North America Corporation of San Diego, CA;
Sanyo Manufacturing Corporation of Forrest City, AR;
TPV Technology Limited of Hong Kong;
TPV International (USA) Inc. of Austin, TX;
Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan;
Top Victory Electronics (Fujian) Co., Ltd. of China;
AOC International (USA) Ltd. of Fremont, CA;
Envision Peripherals, Inc., of Fremont, CA;
Amtran Technology Co., Ltd., of Taiwan; and
Amtran Logistics, Inc., of Irvine, CA.

By instituting this investigation (337-TA-822), 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 six 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.

 

# # #

But Removal of Barriers on "Related" Services May Increase Trade in the Sector

 

There are few trade barriers that apply specifically to the provision of core environmental services, but the removal of barriers affecting "related" services including architectural, engineering, and construction services, among others could increase trade in the environmental services sector, reports the U.S. International Trade Commission in its publication Environmental and Related Services.

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative.

In the request letter, the USTR stated that since the 2004-2005 publication of USITC reports on trade in the environmental services sector, the U.S. and global markets for such services have undergone significant change. The USTR noted that although overall demand in the environmental services market has continued to rise, factors such as new technologies, tightening government budgets, and growing interest in environmental sustainability have altered the means through which such services are supplied. The USTR asked the USITC to provide updated information "to assist us in better understanding recent developments in the environmental services ... sector."

As requested, the report provides estimates of the U.S. and global markets for, and discusses barriers to, trade and investment in three core environmental services industries: water and wastewater services, solid and hazardous waste management services, and remediation services. The report also examines the critical role of several related services. Highlights of the report follow.

 

• Between 2000 and 2010, revenues in the global environmental services market increased by 41 percent to $505.5 billion. Water and wastewater services accounted for 49 percent of the market in 2010, solid and hazardous waste services accounted for 32 percent, and remediation services accounted for 8 percent.

   

   

• The United States accounted for the largest share of the global environmental services market in 2010 (38 percent), followed by Western Europe (28 percent) and Japan (11 percent). Developing countries accounted for a very small share of the global market.

   

   

• While environmental services markets have grown in recent years due to factors such as population growth, increasing economic activity, regulation, and rising environmental awareness, trade continues to account for a very small share of revenues in these markets.

   

   

• The United States ran persistent trade deficits in water and wastewater services and solid and hazardous waste services during 2000-2010. In 2010, these deficits were approximately $2.4 billion for water and wastewater services, and $352 million for solid and hazardous waste services. By contrast, the United States posted a $245 million trade surplus in remediation services in 2010.

   

   

• Trade barriers affecting environmental services primarily include general investment restrictions and measures that impede the provision of related services.

   

   

• Results from a gravity model estimated by the USITC suggest that the reduction of certain regulations on architectural, engineering, electricity, and transportation services is associated with a substantial increase in sales by environmental services firms operating abroad.

   

Environmental and Related Services (Investigation No. 332-533, USITC Publication 4389, March 2013), will be available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4389.pdf. A CD-ROM of the report may be requested by emailing pubrequest@usitc.gov, calling 2202-205-2000, or contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

USITC general factfinding investigations, such as this one, cover matters related to tariffs and trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analysis on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requestor. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on ammonium nitrate from Ukraine 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 Ukraine 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 this five-year (sunset) review.

The Commission's public report Ammonium Nitrate from Ukraine (Inv. No. 731-TA-894 (Second Review), USITC Publication 4396, May 2013) will contain the views of the Commission and information developed during the review.

Copies may be requested after June 14, 2013, 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 Ammonium Nitrate from Ukraine was instituted on June 1, 2012.

On September 4, 2012, the Commission voted to conduct a full review. 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 to conduct a full 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.

Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Altivia Jackson has been designated as the Director of the Office of Equal Employment Opportunity at the USITC.

Jackson will manage the USITC’s equal employment opportunity, diversity, and inclusion programs and policies. She will advise the Chairman, the Commission, and USITC managers on all EEO issues.

Jackson comes to the USITC from the Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, where she served as the Director of the Office of Equal Employment Opportunity and Diversity Advancement. She began her EEO career with the Department of the Army in 1998 when she graduated from the Department of Defense Equal Opportunity Management Institution’s Equal Opportunity Advisor’s Course. In 2007, she joined the Department of Agriculture’s Rural Development Civil Rights staff as an EEO specialist. She later served as the Deputy EEO Officer for the Department of the Navy’s Navy Air Warfare Aircraft Division at Patuxent River Naval Air Station. She retired from the U.S. Army after a 21-year career.

Jackson holds a bachelor of arts degree in human resource administration from Saint Leo University; a master of arts degree in human resource management from Webster University; and a master of science in administration degree with a concentration in leadership from Central Michigan University.

The U.S. International Trade Commission (USITC) is an independent, nonpartisan, factfinding federal agency that makes determinations concerning the impact of imports and their potential injury on domestic companies. The USITC staff includes experts who analyze virtually every commodity imported into the United States. The USITC provides data on international trade to the President, Congress, other federal agencies, and the public.

Subscribe to U.S. International Trade Commission