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News Release 21-046
Inv. No(s). 701-TA-639 & 641-642 and 731-TA-1475-1479, 1481-1483 & 1485-1492 (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 common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 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 Bahrain, India, 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 antidumping duty orders on imports of this product from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey; and countervailing duty orders on imports of this product from Bahrain, India, and Turkey.
The Commission also made negative critical circumstances findings with regard to subsidized imports of this product from Turkey and dumped imports of this product from Indonesia. As a result, these imports will not be subject to retroactive countervailing or antidumping duties.
The Commission’s public report Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey (Inv. Nos. 701-TA-639 & 641-642 and 731-TA-1475-1479, 1481-1483 & 1485-1492 (Final), USITC Publication 5182, April 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by May 4, 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
Common Alloy Aluminum Sheet
from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy,
Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey
Inv. Nos. 701-TA-639 and 641-642 and 731-TA-1475-1479, 1481-1483, and 1485-1492 (Final)
Product Description: Common alloy aluminum sheet (CAAS) is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. CAAS includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. CAAS does not include aluminum can stock.
Status of Proceedings:
1. Types of investigations: Final countervailing duty and antidumping duty investigations.
2. Petitioners: The Aluminum Association Common Alloy Aluminum Sheet Working Group and its Individual Members, Aleris Rolled Products, Inc., Beachwood, OH; Arconic, Inc., Bettendorf, IA; Constellium Rolled Products Ravenswood, LLC, Ravenswood, WV; JW Aluminum Company, Daniel Island, SC; Novelis Corporation, Atlanta, GA; and Texarkana Aluminum, Inc., Texarkana, TX.
3. USITC Institution Date: Monday, March 9, 2020.
4. USITC Hearing Date: Tuesday, March 2, 2021.
5. USITC Vote Date: Wednesday, March 31, 2021.
6. USITC Notification to Commerce Date: Tuesday, April 20, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 11.
2. Location of producers’ plants: Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kentucky, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
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 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Canada, China, Germany, Oman, Bahrain.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-044
Inv. No(s). 701-TA-652 and 731-TA-1524-1525 (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 silicon metal from Bosnia and Herzegovina and Iceland that the U.S. Department of Commerce (Commerce) has determined sold in the United States at less than fair value and subsidized by the government of Kazakhstan.
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 Kazakhstan and antidumping duty orders on imports of this product from Bosnia and Herzegovina and Iceland.
The Commission also made a negative critical circumstances finding with regard to imports of this product from Iceland. As a result, these imports will not be subject to retroactive antidumping duties.
The Commission’s public report Silicon Metal from Bosnia and Herzegovina, Iceland, and Kazakhstan (Inv. Nos. 701-TA-652 and 731-TA-1524-1525 (Final), USITC Publication 5180, April 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by April 27, 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
Silicon Metal from Bosnia and Herzegovina, Iceland, and Kazakhstan
Investigation Nos. 701-TA-652 and 731-TA-1524-1525 (Final)
Product Description: Silicon metal of all forms and sizes, including silicon powder, containing at least 85.00 percent but less than 99.99 percent silicon and less than 4.00 percent iron by actual weight. Specifically excluded is semiconductor grade silicon (containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.00).
Status of Proceedings:
1. Type of investigations: Final countervailing duty and antidumping duty investigations.
2. Petitioners: Globe Specialty Metals, Inc., Beverly, OH, and Mississippi Silicon LLC, Burnsville, MS.
3. USITC Institution Date: Tuesday, June 30, 2020.
4. USITC Hearing Date: Monday, February 22, 2021.
5. USITC Vote Date: Wednesday, March 24, 2021.
6. USITC Notification to Commerce Date: Monday, April 12, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Alabama, Mississippi, New York, Ohio, and West Virginia.
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: $40 million.
2. Nonsubject imports: $230 million.
3. Leading import sources: Brazil, Canada, Norway, Malaysia, Australia.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-043
Inv. No(s). 701-TA-649 and 731-TA-1523 (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 twist ties from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Vice Chair Randolph J. Stayin and Commissioners Rhonda K. Schmidtlein and Amy A. Karpel voted in the affirmative. Chair Jason E. Kearns and Commissioner David S. Johanson voted in the negative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission’s public report Twist Ties from China (Inv. Nos. 701-TA-649 and 731-TA-1523 (Final), USITC Publication 5179, April 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 23, 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
Twist Ties from China
Investigation Nos. 701-TA-649 and 731-TA-1523 (Final)
Product Description: The merchandise covered by these investigations consist of twist ties, which are thin, bendable ties for closing containers, such as bags, bundle items, or identifying objects. The product in most circumstances is comprised of one or more metal wires encased in a covering material, which allows the tie to retain its shape and bind against itself. It is possible to make a twist tie with plastic and no metal wires. The metal wire that is generally used in a twist tie is stainless or galvanized steel and typically measures between the gauges of 19 (.0410" diameter) and 31 (.0132") (American Standard Wire Gauge). Included are all-plastic twist ties containing a plastic core as well as a plastic covering (the wing) over the core, like paper and/or plastic in a metal tie. An all-plastic twist tie (without metal wire) has the same measurements as a twist tie containing one or more metal wires. Twist ties are commonly available individually in pre-cut lengths ("singles"), wound in large spools to be cut later by machine or hand, or in perforated sheets of spooled or single twist ties that are later slit by machine or by hand ("gangs"). The covering material of a twist tie may be paper (metallic or plain) or plastic and can be dyed in a variety of colors with or without printing. The product may have the same covering material on both sides or one side of paper and one side of plastic. When comprised of two sides of paper, the paper material is bound together with an adhesive or plastic. A twist tie may also have a tag or label attached to it or a pre-applied adhesive attached. Excluded from these investigations are twist ties packaged with bags for sale together where the quantity of twist ties does not exceed twice the number of bags in each package. Also excluded are twists ties that constitute part of the packaging of the imported product, for example, merchandise anchored/secured to a backing with twist ties in the retail package or a bag of bread that is closed with a twist tie.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioners: Bedford Industries Inc., Worthington, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Hearing Date: Tuesday, February 16, 2021.
5. USITC Vote Date: Tuesday, March 23, 2021.
6. USITC Notification to Commerce Date: Thursday, April 8, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Arizona and Minnesota.
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 2019:
1. Subject imports: $2.2 million.
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-041
Inv. No(s). 731-TA-1474 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of ultra-high molecular weight polyethylene from Korea 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 negative.
As a result of the Commission’s negative determination, no antidumping duty order will be issued.
The Commission’s public report Ultra-High Molecular Weight Polyethylene from Korea (Inv. No. 731-TA-1474 (Final), USITC Publication 5178, April 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 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
Ultra-High Molecular Weight Polyethylene from Korea
Investigation No. 731-TA-1474 (Final)
Product Description: Ultra-high molecular weight polyethylene (UHMWPE) is an extremely high viscosity, substantially linear polyethylene. It is defined by its molecular weight, as defined by Margolie's Equation, of greater than 1.0 × 106 g/mol. UHMWPE may also be defined by its melt mass-flow rate of <0.1 g/10 min, measured at 190 °C and 21.6 kg load, based on the methods and calculations set forth in the International Organization for Standardization standards 21304-1 and 21304-2. Included is all UHMWPE in granular or powder forms meeting the above specifications regardless of additives introduced in the manufacturing process. Medical grade UHMWPE is excluded. UHMWPE has the highest impact strength of the polyethylenes and is used to create fibers that are used in demanding, high strength applications such as ballistic and slash-proof armor, as well as snowboards, skis, cut-resistant gloves, bow strings, climbing equipment, fishing line, suspension lines on sport parachutes and paragliders, rigging in yachting, and tow lines for boating.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigation.
2. Petitioner: Celanese Corporation, Irving, Texas.
3. USITC Institution Date: March 4, 2020.
4. USITC Hearing Date: February 18, 2021.
5. USITC Vote Date: March 22, 2021.
6. USITC Notification to Commerce Date: April 12, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Texas.
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 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Belgium, Brazil, Germany, Japan, Korea, and the Netherlands.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-040
Inv. No(s). 332-575
Contact: Peg O'Laughlin, 202-205-1819
Nearly 11 percent of total U.S. seafood imports and over 13 percent of U.S. imports caught at sea in 2019 were derived from illegal, unreported, and unregulated fishing, according to a new report by the U.S. International Trade Commission (USITC).
The investigation, Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries, was requested by the House Committee on Ways and Means in a letter received on December 19, 2019.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the size, scope, supply chains, pricing pressures, and potential economic effects of U.S. imports of IUU seafood products. The USITC findings include:
- The United States imported an estimated $2.4 billion worth of seafood derived from IUU fishing in 2019. This figure represents nearly 11 percent of total U.S. seafood imports, and over 13 percent of U.S. imports caught at sea (“marine capture”).
- Among the major categories of marine-capture IUU imports were imports of swimming crab, wild-caught warmwater shrimp, yellowfin tuna, and squid.
- China, Russia, Mexico, Vietnam, and Indonesia were relatively substantial exporters of marine-capture IUU imports to the United States.
- The removal of IUU imports from the U.S. market would have a positive effect on U.S. commercial fishers, with estimated increases in U.S. prices, landings (catches of fish), and operating income.
Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries (Investigation No. 332-575, USITC Publication 5168, February 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5168.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 report conveys 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 21-039
Inv. No(s). 337-TA-1256
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable battery jump starters 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 The NOCO Company of Glenwillow, OH, on January 19, 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 portable battery jump starters and components thereof that infringe patents and registered trademarks asserted by the complainant. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Advance Auto Parts, Inc., of Raleigh, NC;
Anker Technology (UK) Ltd. of Birmingham, United Kingdom;
Antigravity Batteries LLC of Gardena, CA;
Arteck Electronic Co., Ltd., of Shenzhen, Guangdong, China;
AutoZone, Inc., of Memphis, TN;
Best Buy Co., Inc., of South Richfield, MN;
Best Parts, Inc., of Memphis, TN;
Clore Automotive, LLC, of Lenexa, KS;
Deltran USA, LLC, of DeLand, FL;
Energen, Inc., of City of Industry, CA;
FlyLink Tech Co., Ltd., of Shenzhen, Guangdong, China;
Gooloo Technologies LLC/Shenzhen Gooloo E-Commerce Co., Ltd. of Shenzhen, China;
Great Neck Saw Manufacturers, Inc., of Mineola, NY;
Guangdong Boltpower Energy Co., Ltd., of Shenzhen City, Guangdong, China;
Halo2Cloud, LLC, of Hartford, CT;
Horizon Tool, Inc., of Greensboro, NC;
K-Tool International of Plymouth, MI;
Lowe’s Companies, Inc., of Mooresville, NC;
Matco Tools Corporation of Stow, OH;
MonoPrice, Inc., of Brea, CA;
National Automotive Parts Association, LLC (d/b/a NAPA) of Atlanta, GA;
Nekteck, Inc., of Anaheim, CA;
O’Reilly Automotive, Inc., of Springfield, MO;
Paris Corporation of Westampton, NJ;
PowerMax Battery (U.S.A.), Inc., of Ontario, CA;
Prime Global Products, Inc., of Ball Ground, GA;
QVC, Inc., of West Chester, PA;
Schumacher Power Technology Ltd. of Yancheng, Jiangsu, China;
Schumacher Electric Corp. of Mount Prospect, IL;
Shenzhen Carku Technology Co., Ltd., of Shenzhen, China;
Shenzhen Dingjiang Technology Co., Ltd. LLLC of Shenzhen, China;
Shenzhen Jieruijia Technology Co. Ltd of Gong Ming, Guang Ming District, China;
Shenzhen Mediatek Tong Technology Co., Ltd., of Shenzhen, China;
Shenzhen Take Tools Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Topdon Technology Co., Ltd., of Shenzhen, China;
Shenzhen Valuelink E-Commerce Co., Ltd., of Shenzhen China;
Smartech Products, Inc., of Savage, MD;
ThiEYE Technologies Co., Ltd., of Longgang District, China;
Tii Trading Inc. of Baldwin Park, CA;
Walmart Inc. of Bentonville, AR;
Winplus North America, Inc., of Costa Mesa, CA;
Zagg Co. Rrd Gst of Plainfield, IN;
Zhejiang Quingyou Electronic Commerce Co., Ltd., of Hangzhou, Zhejiang, China; and
70mai Co., Ltd., of Shanghai, China.
By instituting this investigation (337-TA-1256), 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 21-038
Inv. No(s). 701-TA-653 (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 standard steel welded wire mesh that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of Mexico.
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, Commerce will issue a countervailing duty order on imports of standard steel welded wire mesh from Mexico.
The Commission’s public report Standard Steel Welded Wire Mesh from Mexico (Inv. No. 701-TA-653 (Final), USITC Publication 5175, March 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 13, 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
Standard Steel Welded Wire Mesh from Mexico
Investigation No. 701-TA-653 (Final)
Product Description: The scope of this investigation covers uncoated standard welded steel reinforcement wire mesh (standard wire mesh) produced from smooth or deformed wire. Standard wire mesh is produced in square and rectangular grids of uniformly spaced steel wires that are welded at all intersections. Sizes are specified by combining the spacing of the wires in inches or millimeters and the wire cross-sectional area in hundredths of square inch or millimeters squared. Standard wire mesh may be packaged and sold in rolls or in sheets.
Status of Proceedings:
1. Type of investigations: Final countervailing duty investigation.
2. Petitioners: Insteel Industries Inc., Mount Airy, NC; Mid-South Wire Co., Nashville, TN; National Wire LLC, Conroe, TX; Oklahoma Steel & Wire Co., Madill, OK; and Wire Mesh Corp., Houston, TX.
3. USITC Institution Date: Tuesday, June 30, 2020.
4. USITC Hearing Date: Friday, February 12, 2021.
5. USITC Vote Date: Wednesday, March 17, 2021.
6. USITC Notification to Commerce Date: Monday, April 5, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 11 responding firms.
2. Locations of producers’ plants: California, Connecticut, Florida, Iowa, Illinois, Kentucky, North Carolina, New Mexico, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, and Washington.
3. Production and related workers: 515.
4. U.S. producers’ U.S. shipments: $269 million.
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import source: Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-037
Inv. No(s). 337-TA-1255
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain apparatus and methods of opening containers. 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 Draft Top, LLC, of Long Branch, NJ, on January 28, 2021. Supplements to the complaint were filed on February 12 and 19 and March 1 and 2, 2021. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain apparatus and methods of opening containers that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Mintiml of Jiangsu, China;
KKS Enterprises Co., Ltd., of Hangzhou, China;
Kingskong Enterprises Co., Ltd., of Hangzhou, China;
Du Zuojun of Shenzhen, Guangdong, China;
WN Shipping USA, Inc., of Inwood, NY;
Shuje Wei of Pomona, CA;
Express Cargo Forwarded, Ltd., of Los Angeles, CA;
Tofba International, Inc., of Hawthorne, CA; and
Hou Wenzheng of Hebron, KY.
By instituting this investigation (337-TA-1255), 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 21-036
Inv. No(s). 731-TA-1092 (Second 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 diamond sawblades 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 Diamond Sawblades from China (Inv. No. 731-TA-1092 (Second Review), USITC Publication 5176, March 2021) will contain the views of the Commission and information developed during the review.
The report will be available by April 19, 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 Diamond Sawblades from China was instituted on August 3, 2020.
On November 6, 2020, the Commission voted to conduct an expedited review. 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 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 21-034
Inv. No(s). 701-TA-663-664 and 731-TA-1555-1556 (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 granular polytetrafluoroethylene (PTFE) resin from India and Russia 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 granular polytetrafluoroethylene (PTFE) resin from India and Russia, with its preliminary countervailing duty determinations due on or about April 22, 2021, and its preliminary antidumping duty determinations due on or about July 6, 2021.
The Commission’s public report Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia (Inv. Nos. 701-TA-663-664 and 731-TA-1555-1556 (Preliminary), USITC Publication 5174, March 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 12, 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
Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia
Investigation Nos. 701-TA-663-664 and 731-TA-1555-1556 (Preliminary)
Product Description: Polytetrafluoroethylene (PTFE) is a crystalline polymer consisting of repeating units of tetrafluoroethylene (TFE), or C2F4. Granular PTFE, often referred to as molding powder, is typically processed to form stock shapes, which can then be machined into products such as gaskets, diaphragms, corrosion‐resistant lining, piping components, and lab equipment. Producers of PTFE use specific trade names for their PTFE products, including Polyflon™, a registered trademark of Daikin, and Teflon®, a registered trademark of Chemours. Granular PTFE resin is included in these investigations whether filled or unfilled, whether or not modified, and whether or not containing co‐polymer, additives, pigments, or other materials. Also included is PTFE wet raw polymer. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by filling, modifying, compounding, packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the granular PTFE resin. The product covered by these investigations does not include dispersion or coagulated dispersion (also known as fine powder) PTFE. PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt‐flow rate no less than 0.1 gram/10 minutes, is excluded.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioner: Daikin, Orangeburg, NY.
3. USITC Institution Date: Wednesday, January 27, 2021.
4. USITC Conference Date: Wednesday, February 17, 2021.
5. USITC Vote Date: Friday, March 12, 2021.
6. USITC Notification to Commerce Date: Monday, March 15, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Alabama and West Virginia.
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 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: India, Russia, Germany, China.
[1] Withheld to avoid disclosure of business proprietary information.