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News Release 21-133
Inv. No(s). 701-TA-671-672 and 731-TA-1571-1573 (Preliminary)
Contact: Peg O'Laughlin, 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 oil country tubular goods from Argentina, Mexico, and Russia that are allegedly sold in the United States at less than fair value and imports of these products that are allegedly subsidized by the governments of Russia and South Korea.
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 determinations, the U.S. Department of Commerce will continue its investigations of imports of oil country tubular goods from Argentina, Mexico, Russia, and South Korea, with its preliminary countervailing duty determinations due on or about December 30, 2021, and its preliminary antidumping duty determinations due on or about March 15, 2022.
The Commission’s public report Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea (Inv. Nos. 701-TA-671-672 and 731-TA-1571-1573 (Preliminary), USITC Publication 5248, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 21, 2021; 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
Oil Country Tubular Goods (OCTG) from Argentina, Mexico, Russia, and South Korea
Investigation Nos. 701-TA-671-672 and 731-TA-1571-1573 (Preliminary)
Product Description: The merchandise covered by the investigations is certain oil country tubular goods (OCTG), which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish ( e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the investigations also covers OCTG coupling stock.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners: Borusan Mannesmann Pipe U.S., Inc., Baytown, TX; PTC Liberty Tubulars LLC, Liberty, TX; U.S. Steel Tubular Products, Inc., Pittsburgh, PA; Welded Tube USA, Inc., Lackawanna, NY; and the United States Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Pittsburgh, PA.
3. USITC Institution Date: Wednesday, October 6, 2021.
4. USITC Conference Date: Wednesday, October 27, 2021.
5. USITC Vote Date: Friday, November 19, 2021.
6. USITC Notification to Commerce Date: Monday, November 22, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 17.
2. Location of producers’ plants: Alabama, Arkansas, Colorado, Louisiana, New York, Ohio, Oklahoma, Pennsylvania, and Texas.
3. Production and related workers: 4,681.
4. U.S. producers’ U.S. shipments: $2.1 billion.
5. Apparent U.S. consumption: $3.1 billion.
6. Ratio of subject imports to apparent U.S. consumption by value: 15.8 percent.
U.S. Imports in 2020:
1. Subject imports: $493 million.
2. Nonsubject imports: $556 million.
3. Leading import sources: Argentina, Austria, Canada, Mexico, Russia, South Korea, and Taiwan.
News Release 21-132
Inv. No(s). 701-TA-660 and 731-TA-1543-1544 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of utility scale wind towers from India and Malaysia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of India.
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 determinations, Commerce will issue a countervailing duty order on imports of this product from India and antidumping duty orders on imports of this product from India and Malaysia.
The Commission’s public report Utility Scale Wind Towers from India and Malaysia (Inv. Nos. 701-TA-660 and 731-TA-1543-1544 (Final), USITC Publication 5247, November 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 20, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Utility Scale Wind Towers from India and Malaysia
Investigation Nos. 701-TA-660 and 731-TA-1543-1544 (Final)
Product Description: Wind towers, whether or not tapered, and sections thereof, designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters (164 feet) measured from the base of the tower to the bottom of the nacelle when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Specifically excluded from the scope are: (1) nacelles and rotor blades, regardless of whether they are attached to the wind tower; and, (2) any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections.
Status of Proceedings:
1. Type of investigations: Final countervailing duty and antidumping investigations.
2. Petitioners: Arcosa Wind Towers Inc., Dallas, TX; Broadwind Towers, Inc., Manitowoc, WI.
3. USITC Institution Date: Wednesday, September 30, 2020.
4. USITC Hearing Date: Thursday, June 10, 2021.[1]
5. USITC Vote Date: Tuesday, November 16, 2021.
6. USITC Notification to Commerce Date: Monday, November 29, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 6.
2. Location of producers’ plants: Colorado, Illinois, Iowa, Michigan, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin.
3. Production and related workers: 2,205.
4. U.S. producers’ U.S. shipments: $955 million.
5. Apparent U.S. consumption: $1.8 billion.
6. Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2020:
1. Subject imports: [2]
2. Nonsubject imports: 2
3. Leading import sources: Malaysia, India, and Spain.
[1] The hearing was cancelled. For more information, please see 86 FR 31730.
[2] Withheld to avoid disclosure of business proprietary information.
News Release 21-131
Inv. No(s). 731-TA-1550-1553 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are 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 determinations, Commerce will issue antidumping duty orders on imports of this product from Indonesia, Malaysia, Thailand, and Vietnam.
The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Final), USITC Publication 5246, December 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by December 28, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam
Investigation Nos. 731-TA-1550-1553 (Final)
Product Description: Polyester textured yarn is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate) and produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigations.
2. Petitioners: Nan Ya Plastics Corp. America, Lake City, SC; Unifi Manufacturing, Inc., Greensboro, NC.
3. USITC Institution Date: Wednesday, October 28, 2020.
4. USITC Hearing Date: Thursday, October 14, 2021.
5. USITC Vote Date: Tuesday, November 16, 2021.
6. USITC Notification to Commerce Date: Tuesday, December 7, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 6.
2. Location of producers’ plants: Georgia, North Carolina, and South Carolina.
3. Production and related workers: 965.
4. U.S. producers’ U.S. shipments: $213 million.
5. Apparent U.S. consumption: $334 million.
6. Ratio of subject imports to apparent U.S. consumption: 15 percent.
U.S. Imports in 2020:
1. Subject imports: $50 million.
2. Nonsubject imports: $71 million.
3. Leading import sources: Mexico, Indonesia, Thailand, and Malaysia.
News Release 21-129
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
Shifts in U.S. Merchandise Trade 2020 (2020 Trade Shifts) is now available on the U.S. International Trade Commission (USITC) internet site.
The USITC, an independent, nonpartisan federal agency, released its annual web-based report on changes in U.S. merchandise trade patterns.
2020 Trade Shifts highlights changes in U.S. exports and imports by merchandise sector and select trading partners in terms of absolute value changes, relative percent changes, and changes in rank. It includes interactive features, such as tables and graphics that allow users to view and refine, as they choose, the official government data presented.
Highlights from the 2020 Trade Shifts report include:
- In 2020, U.S. total exports and general imports both decreased. These declines were largely driven by supply and demand factors associated with the COVID-19 pandemic and the resulting contraction of the global economy.
- The 2020 report includes a special topic section that examines the impact of the COVID-19 pandemic on freight transportation services and U.S. merchandise imports. In particular, the section discusses the nature of both maritime and air cargo shipping disruptions during the pandemic, and the effects of these disruptions on freight rates, shipping modes, and arrival times of U.S. merchandise imports.
- U.S. exports in 9 of the 10 merchandise sectors included in this report decreased from 2019 to 2020. The only merchandise sector that had an increase was agricultural products.
- U.S. imports decreased for half of the 10 merchandise sectors. Most of the drop in U.S. imports was driven by two sectors, transportation equipment and energy-related products.
- China returned to its position as the top U.S. trade partner in 2020; Mexico and Canada fell to second and third place, respectively. The largest destination markets for U.S. exports were Canada and Mexico. China continued to be the top source of U.S. imports and remained the third largest destination market for U.S. exports.
Shifts in U.S. Merchandise Trade 2020 can be accessed at https://www.usitc.gov/research_and_analysis/tradeshifts/2020/index.html.
News Release 21-130
Inv. No(s). 701-TA-670 and 731-TA-1570 (Preliminary)
Contact: Peg O'Laughlin, 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 freight rail coupler systems and components from China that are allegedly subsidized and 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 determinations, the U.S. Department of Commerce will continue its investigations of imports of freight rail coupler systems and components from China, with its preliminary countervailing duty determination due on or about December 23, 2021, and its preliminary antidumping duty determination due on or about March 8, 2022.
The Commission’s public report Freight Rail Coupler Systems and Components from China (Inv. Nos. 701-TA-670 and 731-TA-1570 (Preliminary), USITC Publication 5243, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 13, 2021; 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
Freight Rail Coupler Systems and Components from China
Investigation Nos. 701-TA-670 and 731-TA-1570 (Preliminary)
Product Description: Freight rail coupler systems and components (“FRC”) are metal structures used to connect freight rail cars together. FRC are comprised of a system of four main metal components: knuckles, coupler bodies, coupler yokes, and follower blocks. 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 FRC. Coupler bodies are a metal casting that hold the knuckle and allow it to pivot. The coupler body fits within the coupler yoke, which is a metal casting that attaches the FRC to a freight car. The follower block is a rectangular piece of metal that separates the FRC with the adjacent draft gear of a freight car (designed to absorb some of the forces when connecting freight rail cars). FRC are designed to connect two freight cars together by automatically interlocking the knuckles of both FRC when the freight cars are pushed together.
Status of Proceedings:
1. Type of investigations: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners: McConway and Torley, LLC, Pittsburgh, PA; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PA.
3. USITC Institution Date: Wednesday, September 29, 2021.
4. USITC Conference Date: Wednesday, October 20, 2021.
5. USITC Vote Date: Friday, November 12, 2021.
6. USITC Notification to Commerce Date: Monday, November 15, 2021.
U.S. Industry in 2020:
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. Imports in 2020:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China and Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-128
Inv. No(s). 701-TA-665 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is threatened with material injury by reason of imports of certain mobile access equipment and subassemblies thereof from China that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of China.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel made affirmative threat determinations.
As a result of the Commission’s affirmative threat determination, Commerce will issue a countervailing duty order on imports of this product from China.
The Commission’s public report Certain Mobile Access Equipment and Subassemblies Thereof from China (Inv. Nos. 701-TA-665 (Final), USITC Publication 5242, December 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 20, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Mobile Access Equipment and Subassemblies Thereof from China
Investigation No. 701-TA-665 (Final)
Product Description: Mobile access equipment (MAE) consists primarily of boom lifts, scissor lifts, and telehandlers, and subassemblies thereof. MAE combines a mobile (self-propelled or towed) chassis, with a lifting device (e.g., scissor arms, boom assemblies) for mechanically lifting persons, tools and/or materials capable of reaching a working height of ten feet or more, and a coupler that provides an attachment point for the lifting device, in addition to other components. MAE includes mobile access equipment and subassemblies thereof whether finished or unfinished, whether assembled or unassembled, and whether the equipment contains any additional features that provide for functions beyond the primary lifting function.
Status of Proceedings:
1. Type of investigation: Final countervailing duty investigation.
2. Petitioner: The Coalition of American Manufacturers of Mobile Access Equipment (“CAMMAE” or “the Coalition”).
3. USITC Institution Date: Friday, February 26, 2021.
4. USITC Hearing Date: Tuesday, October 12, 2021.
5. USITC Vote Date: Wednesday, November 10, 2021.
6. USITC Notification to Commerce Date: Friday, December 3, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 8.
2. Location of producers’ plants: California, Kansas, Michigan, Nevada, Ohio, Oklahoma, Pennsylvania, Washington, and Wisconsin.
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. Imports in 2020:
1. Subject imports: $122.9 million
2. Nonsubject imports: $588.6 million
3. Leading import sources: Canada, China, and the United Kingdom.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-127
Inv. No(s). 731-TA-125 (Fifth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of potassium permanganate 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 this five-year (sunset) review.
The Commission’s public report Potassium Permanganate from China (Inv. No. 731-TA-125 (Fifth Review), USITC Publication 5241, November 2021) will contain the views of the Commission and information developed during the review.
The report will be available by December 21, 2021; 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 Potassium Permanganate from China was instituted on February 1, 2021.
On May 7, 2021, the Commission voted to conduct a full review. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. 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 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.
News Release 21-126
Inv. No(s). 337-TA-1286
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain oil-vaping cartridges, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Shenzhen Smoore Technology Limited of Bao’an District, Shenzhen, China, on October 4, 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 oil-vaping cartridges, components thereof, and products containing the same that infringe patents and a registered trademark 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:
BBTank USA, LLC, of Lambertville, MI;
Glo Extracts of Los Angeles, CA;
BulkCarts.com of Canton, MI;
Greenwave Naturals LLC of Austin, TX;
BoldCarts.com of Tempe, AZ;
Bold Crafts, Inc., of Irvine, CA;
Blinc Group Holdings, LLC, of New York, NY;
Jonathan Ray Carfield d/b/a AlderEgo Wholesale, AlderEgo Holdings, Inc, and AlderEgo Group Limited a/k/a AVID Holdings Limited of Shenzhen, Guangdong, China;
Hanna Carfield of Tacoma, WA;
Next Level Ventures, LLC, of Seattle, WA;
Advanced Vapor Devices, LLC, of Los Angeles, CA;
avd710.com of Seattle, WA;
AlderEgo Group Limited (“AEG”) of Hong Kong;
A&A Global Imports, Inc., d/b/a Marijuana Packaging of Vernon, CA;
Bulk Natural, LLC d/b/a True Terpenes of Portland, OR;
Brand King, LLC, of Sacramento, CA;
ZTCSMOKE USA Inc. of Niceville, FL;
headcandysmokeshop.com of Richmond, BC, Canada;
Head Candy Enterprise Ltd. of Vancouver, BC, Canada;
Green Tank Technologies Corp. of Toronto, ON, Canada;
Cannary Packaging Inc. of Kelowna, BC, Canada;
Cannary LA of Signal Hill, CA;
dcalchemy.com of Phoenix, AZ;
DC Alchemy, LLC, of Phoenix, AZ;
Cartridgesforsale.com of Ypsilanti, MI;
HW Supply, LLC, of Ypsilanti, MI;
International Vapor Group, LLC, of Miami Lakes, FL;
Obsidian Supply, Inc., of Irvine, CA;
Ygreeninc.com of Walnut, CA;
Ygreen Inc. of Walnut, CA;
Atmos Nation LLC of Davie, FL;
shopbvv.com of Naperville, IL;
Best Value Vacs, LLC, of Naperville, IL;
Royalsupplywholesale.com of San Francisco, CA;
Customcanabisbranding.com of San Francisco, CA;
CLK Global, Inc., of San Francisco, CA;
iKrusher.com of Arcadia, CA; and
The Calico Group Inc. of Austin, TX.
By instituting this investigation (337-TA-1286), 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 21-125
Inv. No(s). 337-TA-1285
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, 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 Honeywell International Inc., Hand Held Products, Inc., and Metrologic Instruments, Inc., all of Charlotte, NC, on September 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 barcode scanners, mobile computers with barcode scanning capabilities, scan engines, and components thereof 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 in this investigation:
Zebra Technologies Corporation of Lincolnshire, IL; and
Symbol Technologies, Inc., of Holtsville, NY.
By instituting this investigation (337-TA-1285), 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 21-124
Inv. No(s). 731-TA-1071 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of alloy magnesium 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 this five-year (sunset) review.
The Commission’s public report Alloy Magnesium from China (Inv. No. 731-TA-1071 (Third Review), USITC Publication 5238, November 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 29, 2021; 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 Alloy Magnesium from China was instituted on June 1, 2021.
On September 7, 2021, the Commission voted to conduct an expedited review. Commissioners Jason E. Kearns, Randolph J. Stain, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.