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News Release 22-018
Inv. No(s). 731-TA-1315 (Review) (Expedited)
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of ferrovanadium from South Korea 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 South Korea will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Ferrovanadium from South Korea (Inv. No. 731-TA-1315 (Review), USITC Publication 5384, November 2022) will contain the views of the Commission and information developed during the review.
The report will be available by December 5, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Ferrovanadium from South Korea was instituted on April 1, 2022.
On July 5, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners 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 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 22-117
Inv. No(s). 701-TA-545-546 and 731-TA-1291-1297, and 731-TA-808
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of hot-rolled steel from South Korea and the antidumping duty orders on imports of hot-rolled steel from Australia, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom 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, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom will remain in place.
The Commission also determined that revoking the existing antidumping duty and countervailing duty orders on imports of hot-rolled steel from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result of the Commission’s negative determinations, the existing orders on imports of this product from Brazil will be revoked.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative for the reviews involving Australia, Japan, , Netherlands, Russia, South Korea, Turkey, and the United Kingdom. For the review of hot-rolled steel from Brazil, Chairman Johanson and Commissioners Kearns and Karpel voted in the negative, and Commissioners Schmidtlein and Stayin 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 Hot-Rolled Steel from Australia, Brazil, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom (Inv. Nos. 701-TA-545-546 and 731-TA-1291-1297 (Review), and 731-TA-808 (Fourth Review), USITC Publication 5380, October 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by the end of November 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 Australia, Brazil, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom were instituted on September 1, 2021.
On December 6, 2021, the Commission voted to conduct full reviews. For Australia, Brazil, Japan, Turkey, Netherlands, and the United Kingdom, Chairman David S. Johanson and Commissioners 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 adequate and voted for full reviews. For Russia and South Korea, Chairman David S. Johanson and Commissioners 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 and voted for full reviews.
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 22-113
Inv. No(s). 337-TA-1338
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart televisions. 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 Maxell, Ltd. of Kyoto, Japan on September 15, 2022 and supplemented on September 26, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart televisions that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified VIZIO, Inc. of Irvine, CA as the respondent in this investigation.
By instituting this investigation (337-TA-1338), 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 22-114
Inv. No(s). 337-TA-1339
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart thermostat hubs, systems containing the same and components of 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 EDST, LLC of Lubbock, TX and Quext IoT, LLC of Lubbock, TX on September 16. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostat hubs, systems containing the same and components of 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 in this investigation:
iApartments, Inc. of Tampa, FL;
Hsun Weath Technology Co., Ltd. of Taoyuan City, Taiwan; and
Huarifu Technology Co., Ltd. of Taoyuan City, Taiwan.
By instituting this investigation (337-TA-1339), 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 22-112
Inv. No(s). 337-TA-1337
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hazelnuts 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 Pratum Farm, LLC of Salem, OR on September 15, 2022 and supplemented on September 15, October 3, and October 4, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hazelnuts and products containing the same by reason of false advertising. 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 in this investigation:
Arslanturk Tarim Urunleri San Ihr Ve Ihr A.S. of Arakli-Trabzon, Turkey;
Balsu Gida San Ve Tic. A.S. of Beykoz Istanbul, Turkey;
Balsu USA of Miami, FL;
Farmeks Tarim Urunleri San Ve Tic. A.S. of Gaziemir/Izmir, Turkey;
Nimeks Organik Tarim Urun San Ve Tic Ltd., STI of Cigli/Izmir, Turkey;
Natural Food Source Inc. of Whitehall, PA;
Progida Tarim Urunleri San Ve Tic. A.S. of Maslak/Sariyer/Istanbul, Turkey; and
Ofi d/b/a Olam Edible Nuts of Fresno, CA.
By instituting this investigation (337-TA-1337), 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 22-111
Inv. No(s). 731-TA-1586
Contact: Jennifer Andberg, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of sodium nitrite from Russia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, Commerce will issue antidumping duty orders on imports of this product from Russia.
The Commission’s public report Sodium Nitrite from Russia (Inv. Nos. Inv. No. 731 TA-1586 (Final), USITC Publication 5379, October 2022) will contain the views of the Commission and information developed during the investigation.
The report will be available by November 14, 2022; 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
Sodium Nitrite from Russia
Investigation No.731-TA-1586 (Final)
Product Description: Sodium nitrite (NaNO2, CAS registry number 7632-00-0) is an industrial chemical sold in solid or liquid form. Sodium nitrite is used in a wide range of industrial applications, including corrosion inhibition, detinning scrap tinplate, phosphating metals, and organic syntheses, notably the production of organic amines. Additional applications include the production of dyes and synthetic rubber, preservation of cured meat, and control of odor and inhibition of bacterial growth in wastewater treatment. It also serves in heat treating salts to harden metals, as an antidote to cyanide poisoning, and in military applications, including ammunition and explosives. These investigations cover sodium nitrite in any form, at any purity level.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigation.
2. Petitioner: Chemtrade Chemicals US LLC, Parsippany, New Jersey.
3. USITC Institution Date: Thursday, January 13, 2022.
4. USITC Hearing Date: Tuesday, June 21, 2022.
5. USITC Vote Date: Monday, October 17, 2022 (Russia antidumping duty).
6. USITC Notification to Commerce Date: Thursday, October 27, 2022 (Russia antidumping duty).
U.S. Industry in 2021:
1.Number of U.S. producers: 2.
2. Location of petitioner’s plant: New York.
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: $6.7 million.
2. Nonsubject imports: $40 thousand.
3. Leading import sources: India and Russia.
[1] Withheld to avoid disclosure of business proprietary information.
Inv. No(s). 337-TA-1336
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductor devices, mobile devices containing the same, 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 Daedalus Prime LLC of Bronxville, NY on September 13, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, mobile devices containing the same, 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 in this investigation:
Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., Ridgefield Park, NJ;
Taiwan Semiconductor Manufacturing Company Limited of Hsinchu City, Taiwan; and
TSMC North America, San Jose, CA.
By instituting this investigation (337-TA-1336), 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.
Inv. No(s). 337-TA-1335
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain integrated circuits, mobile devices containing the same, 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 Daedalus Prime LLC of Bronxville, NY on September 13, 2022. 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, mobile devices containing the same, 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 in this investigation:
Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ; and
Qualcomm Inc. of San Diego, CA.
By instituting this investigation (337-TA-1335), 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.
Inv. No(s). 337-TA-1334
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain raised garden beds 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 Vego Garden, Inc. of Houston, TX on September 13, 2022, supplemented on September 21, 2022, and amended on September 22, 2022. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition. The amended complainant requests 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:
Huizhou Green Giant Technology Co., Ltd. of Guangdong, China;
Utopban International Trading Co., Ltd., d/b/a Vegega of Rosemead, CA;
Utopban Limited of Hong Kong;
The Hydro Source Inc., d/b/a Forever Garden Beds of El Monte, CA; and
VegHerb, LLC, d/b/a Frame It All of Cary, NC.
By instituting this investigation (337-TA-1334), 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 22-107
Inv. No(s). 731-TA-1313
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of 1,1,1,2-tetrafluoroethane (R-134a) 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.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 1,1,1,2-Tetrafluoroethane (R-134a) from China (Inv. No. 731-TA-1313 (First Review), USITC Publication 5378, October 2022) will contain the views of the Commission and information developed during the review.
The report will be available by November 10, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning 1,1,1,2-Tetrafluoroethane (R-134a) from China was instituted on March 1, 2022.
On June 6, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners 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 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.