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News Release 22-008
Inv. No(s). 337-TA-1292
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps 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 Hyundai Motor Company, of Seoul, Republic of Korea and Hyundai Motor America, Inc. of Fountain Valley, 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-1292), 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 22-006
Inv. No(s). 337-TA-1290
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain refrigerator water filtration 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 LG Electronics Inc. of Seoul, Republic of Korea, and LG Electronics Alabama, Inc. of Huntsville, AL, on December 15, 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 refrigerator water filtration devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
ClearWater Filters, of Lakewood, NJ;
Express Parts LLC d/b/a Express Parts !!!, of Keyport, NJ;
FRESHLAB LLC, of Gainesville, FL;
Zhang Ping d/b/a ICE Water Filter, of Dongyang, Zhejiang, China;
Jiangsu Angkua Environmental Technical Co., Ltd., of Nantong, Jiangsu, China;
Liu Qi d/b/a LQQY, of Lishi, Shanxi Province, China;
lvliangshilishiquhuiliwujinbaihuoshan Ghang d/b/a LYLYMX, of Lishi District, Shanxi Province, China;
Ninbo Haishu Bichun Technology Co., Ltd. d/b/a Ninbo Hai Shu Bi Chun Ke Ji You Xian Gong Si d/b/a Pureza Filters, of Elmhurst, IL;
Ninbo Haishu Keze Replacement Equipment Co., Ltd. d/b/a Ningboshihaishukezejinghuashebeiyou Xiangongsi d/b/a Kozero Filter, of Zhejiant, Ningboshi, China;
Ningbo Bichun Technology Co., Ltd., of Ningbo City, Zhejiang Province, China;
Ningbo Haishu Shun’anjie Water Purification Equipment LLC, of Ningbo, Zhejiang, China;
Pursafet Water Filter (Wuhan) Inc., of Wuhan, Hubei, China;
Shenzen Hangling E-Commerce Co., Ltd. d/b/a Shenzhenshilinghangdianzhishangwuyouxiangongshi d/b/a Best Belvita, of Elmhurst, IL;
Shenzhen Yu Tian Qi Technology Co., Ltd. d/b/a Shen Zhen Shi Yu Tian Qi Ke Ji You Xian Gong Si d/b/a Glacierfresh, of Shenzhen, Guangdong, China;
Aicuiying b/d/a Belvita Water of Shenzhen, of Guangdong Province, China;
ISave Strategic Marketing Group LLC b/d/a ISave, of New York, NY;
Qinghaishunzexiaofangjianceyouxiangongsi b/d/a EZEEY, of Chengxi District, Qinghai Province, China;
ZhenPingXianJiaXuanYaZhuBaoFuZhuangGongYiPinYouXia d/b/a JiaXuanYaZhuBaoFuZhuang, of Wuhanshi, Hubeisheng, China;
All FILTERS LLC d/b/a AllFilters, of Salt Lake City, UT;
GT SOURCING INC. d/b/a GT Sourcing, of Monsey, NY;
JJ Imports LLC d/b/a PRIME FILTERS, of Elmwood Park, NJ;
Tianjin Tianchuang Best Pure Environmental Science and Technology Co. Ltd. d/b/a TIANJIN TIANGCHUANG BESTPURE HUANBAO KEJI CO. LTD d/b/a Healthy Home, of Tianjin, China;
Top Pure (USA) Inc. d/b/a TOPPURE d/b/a ICEPURE, of Pico Rivera, CA;
W&L Trading LLC d/b/a Aqualink, of Frisco, TX;
Yunda H&H Tech (Tianjin) Co., Ltd. d/b/a Tianjin Yuanda Gongmao Youxian Gongsi d/b/a PUREPLUS, of Tianjinshi, China;
Refresh Filters LLC b/d/a Refresh My Water, of New York, NY;
Qingdao Ecopure Filter Co., Ltd d/b/a WaterdropDirect, of Qingdao, Shandong, China;
Qingdao Maxwell Commercial and Trading Company Ltd d/b/a Water Purity Expert, of Chengyang, Shandong, China; and
Qingdao Uniwell Trading Co., Ltd. d/b/a Qingdao Youniwei Shang Mao You Xian Gong Si d/b/a Uniwell Filter, of Qingdao, Shandong, China.
By instituting this investigation (337-TA-1290), 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 22-004
Inv. No(s). 701-TA-528-529, 731-TA-1264-1268
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 uncoated paper from Australia, Brazil, China, Indonesia, and Portugal and the existing countervailing duty orders on imports of uncoated paper from China and Indonesia 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 Australia, Brazil, China, Indonesia, and Portugal 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 Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos. 701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication 5275, January 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 18, 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 uncoated paper from Australia, Brazil, China, Indonesia, and Portugal were instituted on February 1, 2021.
On May 7, 2021, the Commission voted to conduct full reviews. With respect to Australia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to Brazil, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to China, Commissioners David S. Johanson, 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, but that circumstances warranted a full review. With respect to Indonesia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to Portugal, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
A record of the Commission’s vote to conduct full 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 22-005
Inv. No(s). 332-387
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for the recently instituted investigation Distributional Effects of Trade and Trade Policy on U.S. Workers (332-587) and announced today the dates for seven roundtable discussions, an academic symposium, and a public hearing. The U.S. Trade Representative (USTR) requested the investigation and report in a letter received on October 14, 2021.
As requested by the USTR, the roundtables, symposium, and public hearing will focus on the potential distributional effects of goods and services trade and trade policy on U.S. workers by skill, wage and salary level, gender, race/ethnicity, age, and income level, especially as they affect underrepresented and underserved communities. The roundtables and public hearing will afford an opportunity for interested persons to present information and views relating to the investigation, and the academic symposium will afford an opportunity for researchers and data experts to present work relevant to the investigation.
The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues that USTR highlighted in its request. Additional information regarding the investigation and roundtables, symposium, and public hearing can be found at the investigation specific web page: https://www.usitc.gov/research_and_analysis/ongoing/distributional_effects_332. Important dates for each of the events are included below.
Roundtables
Interested parties wishing to attend or participate in one of the roundtables (listed below) may do so by emailing DE@usitc.gov or calling (202) 536-9960.
| Theme | Format | Date of Roundtable | Participation Registration Deadline |
|---|---|---|---|
| Race and Ethnicity I | Virtual | March 1, 2022 | February 15, 2022 |
| Impacts on Underserved Communities – Fresno, CA | In Person / Virtual Hybrid | March 8, 2022 | February 22, 2022 |
| Race and Ethnicity II | Virtual | March 10, 2022 | February 24, 2022 |
| Gender and Orientation | Virtual | March 14, 2022 | February 28, 2022 |
| Disability, Age, and Education | Virtual | March 22, 2022 | March 8, 2022 |
| Impacts on Underserved Communities – Detroit, MI | In Person / Virtual Hybrid | March 30, 2022 | March 16, 2022 |
| Local Impacts on Underserved Communities | Virtual | April 1, 2022 | March 18, 2022 |
Academic Symposium
Persons interested either in presenting work (published or ongoing) or serving on a panel discussion at the academic symposium should submit abstracts and curriculum vitae (CV) by emailing DE@usitc.gov.
| Symposium Date |
Abstract/CV Submission Deadline |
Academic Paper Submission Deadline |
|---|---|---|
| April 5-6, 2022 | February 11, 2022 | March 1, 2022 |
Public Hearing
The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on April 19, 2022. Information about how to participate in the hearing will be posted on the investigation-specific web page no later than March 1, 2022.
Requests to appear at the hearing should be filed no later than 5:15 p.m. on April 1, 2021, 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.
Written Submissions
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission. Submissions should be submitted no later than 5:15 p.m. on May 17, 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 November 24, 2021, and the second notice of investigation related to public events, dated January 12, 2022, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.
About this investigation: 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.
News Release 21-139
Inv. No(s). 731-TA-1575-1577
Contact: Office of Public Affairs, 202-205-1819
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 emulsion styrene-butadiene rubber from Czechia, Italy, and Russia that are allegedly sold in the United States at less than fair value.
Chair Jason E. Kearns, Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. Vice Chair Randolph J. Stayin did not participate in these investigations.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of emulsion styrene-butadiene rubber from Czechia, Italy, and Russia, with its preliminary antidumping duty determinations due on or about April 25, 2022.
The Commission’s public report Emulsion Styrene-Butadiene Rubber from Czechia, Italy, and Russia (Inv. Nos. 731-TA-1575-1577 (Preliminary), USITC Publication 5274, January 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available after January 28, 2022; 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
Emulsion Styrene-Butadiene Rubber (ESBR) from Czechia, Italy, and Russia
Investigation Nos. 731-TA-1575-1577 (Preliminary)
Product Description: Emulsion styrene-butadiene rubber ("ESBR") elastomers are large volume synthetic rubber copolymer derivatives of the petrochemical feedstocks styrene and butadiene produced by cold emulsion polymerization at 41-55 degrees Fahrenheit and typically compressed into salable rectangular bales of 80 pounds, but also sold in granules, crumbs, pellets, powders, plates, sheets, strip, etc. Scope products resulting from the production process consist of the 1500 and 1700 series grades of ESBR synthetic rubber elastomers defined by the International Institute of Synthetic Rubber Producers (IISRP). The 1500 series products are light-colored solid grades of ESBR popularly sold for tire and other applications, while the 1700 series products contain petroleum extender oil, darker in color but more easily processed and typically used for specialty compounding in tire manufacture and other applications. Some 70 percent or more of ESBR is used in tire tread compound formulations designed for new passenger vehicle and light truck replacement tires and heavier truck tire retreads, where its superior durability and extended tire wear characteristics excel. ESBR is also employed in a large variety of other applications including conveyor belting, hoses, other mechanical goods, and footwear. Scope exclusions include IISRP carbon black master batch 1600 and 1800 series, high styrene resin master batch 1900 series, and latex intermediate products.
Status of Proceedings:
- Type of investigation: Preliminary antidumping duty investigations.
- Petitioner: Lion Elastomers LLC, Port Neches, Texas.
- USITC Effective Institution Date: Monday, November 15, 2021.
- USITC Conference Date: Monday, December 6, 2021.
- USITC Vote Date: Wednesday, December 29, 2021.
- USITC Notification to Commerce Date: Thursday, December 30, 2021.
U.S. Industry in 2020:
- Number of U.S. producers: 2.
- Location of producers’ plants: Texas.
- Production and related workers: [1]
- U.S. producers’ U.S. shipments: 1
- Apparent U.S. consumption: 1
- Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2020:
- Subject imports: 1
- Nonsubject imports: 1
- Leading import sources: Russia, Taiwan, and Mexico (by volume).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-138
Inv. No(s). 337-TA-1288
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain playards and strollers. 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 Graco Children’s Products Inc. of Atlanta, GA, and Wonderland Nurserygoods Co., Ltd., of Taipei, Taiwan, 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 playards and strollers 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:
Baby Trend, Inc., of Fontana, CA;
Dongguan Golden Prosper Baby Products Co., Ltd., of Dongguan City, Guangdong, China;
Sichuan Hobbies Baby Products Co., Ltd., of Neijiang, Sichuan, China; and
Anhui Chile Baby Products Co., Ltd., of Anhui Province, China.
By instituting this investigation (337-TA-1288), 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 21-137
Inv. No(s). 731-TA-1574 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
he 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 superabsorbent polymers from South Korea that are allegedly sold in the United States at less than fair value.
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.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue its investigation of imports of superabsorbent polymers from South Korea, with its preliminary antidumping duty determination due on or about April 11, 2022.
The Commission’s public report Superabsorbent Polymers from South Korea (Inv. No. 731-TA-1574 (Preliminary), USITC Publication 5273, December 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available after January 18, 2022; 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 (Preliminary)
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 (C3H3O2NaxH1-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)COONayH(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.
Status of Proceedings:
1. Type of investigation: Preliminary 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 2, 2021.
4. USITC Conference Date: Tuesday, November 23, 2021.
5. USITC Vote Date: Wednesday, December 15, 2021.
6. USITC Notification to Commerce Date: Friday, December 17, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Louisiana, North Carolina, and Texas.
3. Production and related workers: 368.
4. U.S. producers’ U.S. shipments: $462 million.
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2020:
1. Subject imports: [1]
2. Nonsubject imports: 1
3. Leading import sources: South Korea, the European Union, and Japan.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-136
Inv. No(s). 337-TA-1287
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits, chipsets, and electronic devices, 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 NXP Semiconductors N.V. of Eindhoven, Netherlands, and NXP USA, Inc., of Austin, TX, on November 1, 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 circuits, chipsets, and electronic devices, and products containing the same, 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:
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Amazon.com, Inc., of Seattle WA;
Belkin International, Inc., of Playa Vista, CA; and
Linksys USA, Inc., of Irvine, CA.
By instituting this investigation (337-TA-1287), 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 21-135
Inv. No(s). 332-587
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is undertaking a two-part investigation that will catalog existing information and develop new research and analysis capabilities to better identify and measure the potential distributional effects of U.S. trade and trade policy on U.S. workers, including by skill, wage and salary level, gender, race/ethnicity, age, and income level, especially as they affect under-represented and under-served communities.
The investigation, Distributional Effects of Trade and Trade Policy on U.S. Workers, was requested by the U.S. Trade Representative (USTR) in a letter received on October 14, 2021.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide a two-part response to the USTR.
Part 1: Public Report
The USITC will prepare a public report that catalogs information on the distributional effects of trade and trade policy on under-represented and under-served communities. The report will:
- include information gathered through roundtable discussions among representatives of under-represented and under-served communities that have been identified in the Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as well as think tanks; academics and researchers; unions; state and local governments; non-federal governmental entities; civil society experts; community-based stakeholders, such as minority-owned businesses; business incubators; Historically Black College and Universities (HBCUs); Hispanic Serving Institutions (HSIs); Tribal Colleges and Universities (TCUs); other minority-serving institutions (MSIs); and local and national civil rights organizations;
- include information gathered through a symposium focused on academic or similar research on the distributional effects of trade and trade policy on under-represented and under-served communities, including results of existing analysis, evaluation of methodologies, the use of public and restricted data in current analysis, identifying gaps in data and/or in the economic literature, and proposed analysis that could be done with restricted data;
- include information gathered through a critical review of the economic literature on the distributional effects of trade and trade policy on under-represented and under-served communities, including among other things, the data limitations raised in these analyses; and
- identify information on effects on U.S. workers by the groups specified, identifying their specific U.S. region, and make recommendations on future research.
The Commission expects to submit its report to the USTR by October 14, 2022.
Part 2: Expansion of USITC research and analysis capabilities
The USITC will expand its research and analysis capabilities so that future probable economic advice includes estimates of the potential distributional effects of trade and trade policy, including goods and services imports, on U.S. workers.
This capacity building will include the further development of models capable of analyzing:
- the potential distributional effects of trade and trade policy, including with respect to goods and services imports, on U.S. workers;
- the effect of expanded market access for U.S. goods and services products abroad on affected U.S. exporting industries; and
- to the extent practicable, the “indirect” effect on U.S. exports of intermediate inputs when final goods receive preferential access to the U.S. market.
Through this capacity building, the USITC will also identify any data limitations that, if removed, could substantially speed the time to complete the analysis or allow for improved analysis.
The USITC will provide a briefing to USTR on the results of its capacity building on these issues during the course of its work.
Public participation
The USITC expects to hold a public hearing, a series of public roundtables, and a public symposium in connection with the investigation. Information concerning these events will be announced as details are finalized. Interested individuals are encouraged to monitor the investigation-specific web page being maintained for the investigation for up-to-date information.
The USITC will also accept written submissions for the record. Information concerning written submissions will be announced when details are finalized. Interested individuals are encouraged to monitor the investigation-specific web page being maintained for the investigation for up-to-date information.
Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated November 24, 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 commissionhearings@usitc.gov, or by writing to 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 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.
News Release 21-134
Inv. No(s). TA-201-075 (Extension)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that import relief provided beginning in 2018 to the U.S. industry producing crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, continues to be necessary to prevent or remedy serious injury to the U.S. industry, and that there is evidence that the domestic industry is making a positive adjustment to import competition.
The Commission will forward its report on its investigation and determination to the President by December 8, 2021. The President will make the final decision on whether to extend the import relief.
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.
The Commission’s public report Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products, (Inv. No. TA-201-075 (Extension), USITC Publication 5266, December 2021) will include the Commission’s findings.
The report will be available by December 29, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
Background
On January 23, 2018, following an affirmative injury determination by the Commission under the global safeguard law, the President imposed (a) a tariff-rate quota on imports of solar cells not partially or fully assembled into other products and (b) an increase in duties on imports of modules. The remedy took effect on February 7, 2018, for a period of four years.
Unless extended, the relief action will terminate on February 6, 2022. On August 6, 2021, the Commission instituted this investigation, following receipt of petitions requesting an extension of the relief action filed by Auxin Solar Inc. and Suniva, Inc., on August 2, 2021, and by Hanwha Q CELLS USA, Inc., LG Electronics USA, Inc., and Mission Solar Energy on August 4, 2021.
In accordance with the safeguard law, the Commission conducted an investigation to determine whether the relief provided by the President continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.