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News Release 21-123
Inv. No(s). 337-TA-1284
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices having wireless communication capabilities and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Bell Northern Research, LLC, of Chicago, IL, on September 27, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices having wireless communication capabilities and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
Lenovo Group Ltd. of Haidan District, China;
Lenovo (United States), Inc., of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
TCL Electronics Holdings Limited of Hong Kong;
TCT Mobile (US) Inc. of Irvine, CA;
TTE Technology, Inc., of Corona, CA;
BLU Products, Inc., of Doral, FL;
BBK Electronics Corp. of Dongguan, Guangdong, China;
OnePlus Technology Co., Ltd., of Futian District, Shenzhen, Guangdong, China;
HMD Global Oy of Espoo, Finland;
HMD America, Inc., of Miami, FL; and
Sonim Technlogies, Inc., of Austin, TX.
By instituting this investigation (337-TA-1284), 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 21-122
Inv. No(s). 337-TA-1283
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain composite baseball and softball bats 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 Easton Diamond Sports, LLC, on September 27, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain composite baseball and softball bats and components thereof that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
Juno Athletics LLC of Aventura, FL;
Monsta Athletics LLC of Calimesa, CA; and
Proton Sports Inc. of Scottsdale, AZ.
By instituting this investigation (337-TA-1283), 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 21-121
Inv. No(s). 731-TA-1546-1549 (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 thermal paper from Germany, Japan, Korea, and Spain 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 Germany, Japan, Korea, and Spain.
The Commission also made negative critical circumstances findings with regard to imports of this product from Germany and Korea. As a result, these imports will not be subject to retroactive antidumping duties.
The Commission’s public report Thermal Paper from Germany, Japan, Korea, and Spain (Inv. Nos. 731-TA-1546-1549 (Final), USITC Publication 5237, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by November 29, 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
Thermal Paper from Germany, Japan, Korea, and Spain
Investigation Nos. 731-TA-1546-1549 (Final)
Product Description: Thermal paper in the form of “jumbo rolls” and certain “converted rolls.” The scope covers jumbo rolls and converted rolls of thermal paper with or without a base coat (typically made of clay, latex, and/or plastic pigments, and/or like materials) on one or both sides; with thermal active coating(s) (typically made of sensitizer, dye, and coreactant, and/or like materials) on one or both sides; with or without a top coat (typically made of pigments, polyvinyl alcohol, and/or like materials), and without an adhesive backing. Jumbo rolls are defined as rolls with an actual width of 4.5 inches or more, an actual weight of 65 pounds or more, and an actual diameter of 20 inches or more (jumbo rolls). All jumbo rolls are included in the scope regardless of the basis weight of the paper. Also included in the scope are “converted rolls” with an actual width of less than 4.5 inches, and with an actual basis weight of 70 grams per square meter (gsm) or less. The scope of this investigation covers thermal paper that is converted into rolls with an actual width of less than 4.5 inches and with an actual basis weight of 70 gsm or less in third countries from jumbo rolls produced in the subject countries.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigations.
2. Petitioners: Appvion Operations, Appleton, WI; and Domtar Corporation, Fort Mills, SC.
3. USITC Institution Date: Wednesday, October 7, 2020.
>4. USITC Hearing Date: Tuesday, September 21, 2021.
5. USITC Vote Date: Tuesday, October 26, 2021.
6. USITC Notification to Commerce Date: Monday, November 15, 2021.
U.S. Industry in 2021:
1. Number of U.S. producers: 10.
2. Location of producers’ plants: Arizona, Kansas, Massachusetts, Michigan, Minnesota, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas Virginia, 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 2021:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Germany, Korea.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-120
Inv. No(s). 337-TA-1282
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) voted on October 22, 2021, to institute an investigation of certain tunable lenses and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Holochip Corporation of Torrance, CA, on September 27, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tunable lenses and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
Optotune AG of Dietikon, Switzerland; and
Edmund Optics, Inc., of Barrington, NJ.
By instituting this investigation (337-TA-1282), 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 21-119
Inv. No(s). 731-TA-1070B (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 certain tissue paper products 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 Certain Tissue Paper Products from China (Inv. No. 731-TA-1070B (Third Review), USITC Publication 5236, November 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 24, 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 Certain Tissue Paper Products 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. Stayin, 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.
News Release 21-118
Inv. No(s). 701-TA-658-659 and 731-TA-1538-1542 (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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey 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 governments of Oman and Turkey.
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 countervailing duty orders on imports of this product from Oman and Turkey and antidumping duty orders on imports of this product from Armenia, Brazil, Oman, Russia, and Turkey.
The Commission’s public report Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey (Inv. Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final), USITC Publication 5235, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by November 26, 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
Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey
Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final)
Product Description: Aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioners: Gränges Americas Inc., Franklin, TN; JW Aluminum Company, Daniel Island, SC; and Novelis Corporation, Atlanta, GA.
3. USITC Institution Date: Tuesday, September 29, 2020.
4. USITC Hearing Date: Tuesday, September 14, 2021.
5. USITC Vote Date: Tuesday, October 19, 2021.
6. USITC Notification to Commerce Date: Friday, November 5, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 7.
2. Location of producers’ plants: Arkansas, Indiana, Kentucky, Missouri, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and West Virginia.
3. Production and related workers: 1,368.
4. U.S. producers’ U.S. shipments: $1 billion.
5. Apparent U.S. consumption: $2 billion.
6. Ratio of subject imports to apparent U.S. consumption: 13.8 percent by value.
U.S. Shipments of Imports in 2020:
1. Subject sources: $239 million.
2. Nonsubject sources: $262 million.
3. Leading nonsubject import sources: Korea, Germany, China.
News Release 21-117
Inv. No(s). 701-TA-462 and 731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam and the existing countervailing duty order on imports of this product from Vietnam 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 China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam 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 Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third Review), USITC Publication 5233, October 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 8, 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) reviews concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam were instituted on April 1, 2021.
On July 7, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 21-116-COR
Inv. No(s). 332-227
Contact: Peg O'Laughlin, 202-205-1819
The overall effect of the Caribbean Basin Economic Recovery Act (CBERA) on the U.S. economy generally, and U.S. imports, industries, and consumers continues to be negligible, while the effect on beneficiary countries is small but positive, reports the U.S. International Trade Commission (USITC) in its publication Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-fifth Report, 2019-20.
The USITC, an independent, nonpartisan, factfinding federal agency, recently issued its 25th biennial report monitoring U.S. imports under CBERA. The CBERA program, operative since January 1, 1984, affords preferential tariff treatment to most products of the 17 designated Caribbean countries that received CBERA benefits during the period covered in the report.
The latest USITC report covers the impact of CBERA, as modified by the Caribbean Basin Trade Partnership Act of 2000 (CBTPA), and the HOPE and HELP Acts, on the United States, with particular emphasis on calendar year 2020. CBERA requires the USITC to prepare a biennial report assessing both the actual and the probable future effect of CBERA on the U.S. economy generally, on U.S. imports, industries, and on U.S. consumers. The report also covers the impact of the preference program on the beneficiary countries. The following are highlights from the latest report.
- The overall effect of CBERA imports on the U.S. economy generally and on U.S. imports, industries, and consumers continued to be negligible in 2020. For U.S. industries in particular, the overall effect of the program on domestic production, employment, and operating profits was also negligible. The USITC identified two U.S. industries -- methanol and T-shirts -- that most likely have faced small negative effects due to competition from CBERA imports.
- U.S. imports receiving preferential treatment under CBERA totaled $1.7 billion in 2020, a decline of 4.8 percent from $1.8 billion in 2019.
- The value of U.S. imports under CBERA increased between 2016 and 2018 but decreased in both 2019 and 2020.
- The change in 2020 was driven primarily by decreasing imports of apparel, which accounted for 43.1 percent of total U.S. imports under CBERA. Apparel, supplied mainly by Haiti, decreased by 25.6 percent from $978 million in 2019 to $728 million in 2020, with cotton T-shirts comprising 41.7 percent of those imports.
- Petroleum-related products, accounting for 40.8 percent of imports under CBERA, increased by 25.2 percent in 2020. Petroleum products were supplied by both Trinidad and Tobago and Guyana.
- Special CBERA provisions for Haiti have had a strong, positive effect on export earnings and job creation in Haiti's apparel sector. Apparel assembly is Haiti's largest manufacturing activity and the country's largest source of manufacturing jobs with a labor force composed mostly of women. CBERA -- enhanced by CBTPA and the HOPE and HELP Acts -- has been an important factor in promoting apparel production in Haiti and apparel exports to the U.S. market.
- CBERA has encouraged several beneficiary countries to develop niche exports to the United States, including polystyrene from The Bahamas, fruits and fruit juices from Belize, and electronic products from St. Kitts and Nevis.
- Investment for the near-term production and export of CBERA-eligible products is expected to have negligible impact on U.S. competitive industries as well as on the U.S. economy.
- Exporting CBERA-eligible goods is a challenge for many CBERA beneficiaries because of supply-side constraints, including inadequate infrastructure and an increasing focus on the export of services. However, under CBERA, exports to the United States of some countries, such as Trinidad and Tobago, have become more diversified, i.e., they began exporting a greater number of products and became less reliant on exports of just a few products. At the same time, there are wide differences in the patterns of diversification among CBERA beneficiaries.
- The future effect of CBERA on the U.S. economy and domestic industries will likely remain small. CBERA countries generally are, and are likely to remain in the near term, small suppliers to the U.S. market. Most of the effect of CBERA on the U.S. economy occurred shortly after the program’s implementation in 1984, as well as after implementation of each major enhancement to CBERA.
Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, Twenty-fifth Report, 2019-20 (Inv. No. 332-227, USITC Publication 5231, September 2021) is available at https://usitc.gov/sites/default/files/publications/332/pub5231.pdf.
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 requestor. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.
News Release 21-115
Inv. No(s). 731-TA-282 (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 petroleum wax candles 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 and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. Vice Chair Randolph J. Stayin did not participate in this review.
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 Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fifth Review), USITC Publication 5232, October 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 2, 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 Petroleum Wax Candles from China was instituted on April 1, 2021.
On July 7, 2021, the Commission voted to conduct an expedited review. Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, 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. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioner Randolph J. Stayin did not participate in this adequacy determination.
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.
News Release 21-113
Inv. No(s). 337-TA-1281
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video security equipment and systems, related software, components thereof, and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Motorola Solutions, Inc., of Chicago, IL; and Avigilon Corporation, Avigilon Fortress Corporation, Avigilon Patent Holding 1 Corporation, and Avigilon Technologies Corporation, all of Vancouver, British Columbia, Canada, on August 9, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain video security equipment and systems, related software, components thereof, and products containing 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 Verkada Inc. of San Mateo, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1281), 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.