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News Release 21-035
Inv. No(s). 731-TA-1014 and 1016 (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 polyvinyl alcohol from China and Japan 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 and Japan 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 Polyvinyl Alcohol from China and Japan (Inv. Nos. 731-TA-1014 and 1016 (Third Review), USITC Publication 5173, March 2021) will contain the views of the Commission and information developed during the reviews.
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) reviews concerning Polyvinyl Alcohol from China and Japan were instituted on April 1, 2020.
On July 6, 2020, the Commission voted to conduct full reviews. With respect to China, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. With respect to Japan, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 21-033
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 phosphate fertilizers from Morocco and Russia that the U.S. Department of Commerce (Commerce) has determined are subsidized by the governments of those countries.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners Rhonda K. Schmidtlein and Amy A. Karpel voted in the affirmative. Commissioner David S. Johanson voted in the negative.
As a result of the Commission’s affirmative determinations, Commerce will issue countervailing duty orders on imports of phosphate fertilizers from Morocco and Russia.
The Commission’s public report Phosphate Fertilizers from Morocco and Russia (Inv. Nos. 701-TA-650-651 (Final), USITC Publication 5172, March 2021) will contain the views of the Commission and information developed during the investigations.
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
Phosphate Fertilizers from Morocco and Russia
Investigation Nos. 701-TA-650-651 (Final)
Product Description: Phosphate fertilizers contain essential phosphorus (P) plant nutrient applied annually to some 300 million acres of U.S. cropland. The product is sourced from phosphate ores mined and chemically upgraded to plant available fertilizer compounds. Phosphate fertilizers may contain phosphorus nutrient alone or be combined chemically or physically in solid or liquid forms with the other essential fertilizer nutrients, nitrogen (N) and potassium (K). Diammonium phosphate (DAP), and monoammonium phosphate (MAP) are popular high analysis NP granular multinutrient phosphate fertilizers containing 11 to 18 percent N, and 46 to 52 percent plant available phosphate (P2O5), each used for direct application or in NPK bulk blends. Value-added NP specialty products contain sulfur (S) soil amendments (NPS), and NPS-Zinc with micro or secondary nutrients. Other products having more limited use include single nutrient triple superphosphate (TSP), and single superphosphate (SSP), as well as nitrophosphate products. Excluded are liquid ammonium polyphosphate fertilizers, liquid phosphoric acid product, and non-fertilizer phosphates.
Status of Proceedings:
1. Type of investigation: Final countervailing duty investigations.
2. Petitioner: The Mosaic Company, Plymouth, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Hearing Date: Tuesday, February 09, 2021.
5. USITC Vote Date: Thursday, March 11, 2021.
6. USITC Notification to Commerce Date: Tuesday, March 30, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Florida, Idaho, Louisiana, Minnesota, North Carolina, and Wyoming
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: $835 million.
2. Nonsubject imports: $148 million.
3. Leading import sources: Morocco, Russia, and Saudi Arabia.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-032
Inv. No(s). 337-TA-1254
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, wireless infrastructure equipment 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 Samsung Electronics Co., Ltd., of Gyeonggi-do, Korea, and Samsung Austin Semiconductor, LLC, of Austin, TX, on February 4, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, wireless infrastructure equipment containing the same, and components thereof that infringe patents asserted by the complainants. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Ericsson AB of Stockholm, Sweden;
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and
Ericsson Inc. of Plano, TX.
By instituting this investigation (337-TA-1254), 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 21-031
Inv. No(s). 337-TA-1253
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LTE-compliant cellular communication devices. 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 Evolved Wireless, LLC, of Austin, TX, on February 1, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain LTE-compliant cellular communication devices 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 respondents in this investigation:
Samsung Electronics Co., Ltd., of Gyeonngi-Do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Motorola Mobility LLC of Chicago, IL.
By instituting this investigation (337-TA-1253), 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 21-030
Inv. No(s). 332-573
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has released the second volume of its report on the global economic impact of pesticide maximum residue level (MRL) policies, including missing or low MRLs, for plant protection products.
The investigation, Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, was requested by the U.S. Trade Representative (USTR) in a letter received on August 30, 2019.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, assessed the global economic impact of national policies and regulations related to pesticide MRLs. The USITC report documents the impacts of pesticide MRLs, including when they are missing or low, on farmers and exporters in countries representing a range of income classifications, including the United States.
The USTR requested that the Commission convey the report in two separate volumes. The first volume of the report was released on July 30, 2020.
The information in volume 2 of the report includes, but is not limited to:
- case studies describing the costs and effects of MRL compliance and noncompliance for U.S. producers, including effects on U.S. producers of specialty crops;
- quantitative and qualitative analysis of the global impact of MRLs, including how MRLs affects production, exports, farmer income, and prices; and
- detailed highlights of the Commission's findings can be found in the report's Executive Summary.
Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, Volume 2 (Investigation No. 332-573, USITC publication 5160, January 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5160.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 USTR, 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 factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requestor. General factfinding reports are subsequently released to the public unless they are classified by the requestor for national security reasons.
News Release 21-029
Inv. No(s). 337-TA-1252
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain robotic floor cleaning devices and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by iRobot Corporation of Bedford, MA, on January 28, 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 robotic floor cleaning devices 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 respondents in this investigation:
SharkNinja Operating LLC of Needham, MA;
SharkNinja Management LLC of Needham, MA ;
SharkNinja Management Co. of Needham, MA;
SharkNinja Sales Co. of Needham, MA;
EP Midco LLC of Needham, MA; and
SharkNinja Hong Kong Co., Ltd. of Hong Kong.
By instituting this investigation (337-TA-1252), 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 21-028
Inv. No(s). 701-TA-662 and 731-TA-1554 (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 pentafluoroethane (R-125) from China that are allegedly subsidized and sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of pentafluoroethane (R-125) from China, with its preliminary countervailing duty determination due on or about April 7, 2021, and its preliminary antidumping duty determination due on or about June 21, 2021.
The Commission’s public report Pentafluoroethane (R-125) from China (Inv. Nos. 701-TA-662 and 731-TA-1554 (Preliminary), USITC Publication 5170, March 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 29, 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
Pentafluoroethane (R-125) from China
Investigation Nos. 701-TA-662 and 731-TA-1554 (Preliminary)
Product Description: R‐125 (pentafluoroethane) is a colorless, odorless gas with a chemical formula of C2HF5. R-125, a hydrofluorocarbon ("HFC"), does not deplete the ozone layer, and is non‐flammable and non‐toxic. R‐125 is used primarily as a component in HFC blends, which are used in residential and commercial refrigerant and cooling applications. It is also used as a fire extinguishing agent and for semiconductor plasma etching. R‐125 is the most common component used in refrigerant blends, primarily because it is non-flammable. It does not have sufficient heat transfer capacity or other thermal properties for it to be used as a standalone refrigerant.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioner: Honeywell International, Inc.
3. USITC Institution Date: Tuesday, January 12, 2021.
4. USITC Conference Date: Tuesday, February 2, 2021.
5. USITC Vote Date: Thursday, February 25, 2021.
6. USITC Notification to Commerce Date: Friday, February 26, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 1.
2. Location of producer’s plants: Louisiana.
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: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-027
Inv. No(s). 332-574
Contact: Peg O'Laughlin, 202-205-1819
Massachusetts can meet its increased renewable and clean energy commitments between 2030 and 2050 with relatively small increases in the retail electricity rates charged to residential and commercial consumers, according to the U.S. International Trade Commission (USITC) in a report released today.
The report, Renewable Electricity: Potential Economic Effects of Increased Commitments in Massachusetts, was requested by the House Committee on Ways and Means.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, assessed the potential economic effects of increased renewable energy commitments and the role of renewable electricity imports in meeting these commitments. The report includes:
- an overview of electricity market trends in New England and Massachusetts,
- a quantitative analysis of the potential effects of the increased commitments in Massachusetts on electricity prices for consumers and greenhouse gas emissions, and
- case studies on the U.S. Columbia River Basin, New York, northern Minnesota, and Denmark that examine the potential effects of imports of hydroelectricity.
Main findings:
- As New England -- particularly Massachusetts -- has shifted away from electricity generation derived from coal, oil, and nuclear energy, it has increased both its reliance on electricity imports and its renewable energy generation. Massachusetts increased its Renewable Energy Portfolio Standard in 2018 and created a Clean Energy Standard in 2017, setting electricity sourcing commitments that gradually increase through 2050.
- The USITC’s economic analysis projects that Massachusetts can meet its increased renewable and clean energy commitments between 2030 and 2050 with relatively small increases in the retail electricity rates charged to residential and commercial consumers. In most of the scenarios modeled, there are no costs to consumers in later years of the commitments, due to declining costs of renewable energy technology that will make renewable generation profitable to build without any incentives.
- The increased renewable and clean energy commitments will help reduce greenhouse gas emissions between 2030 and 2050. Additional emissions reductions will happen naturally as the technology costs for zero-emission solar and wind resources continue to fall. Most of the projected emission reductions come from displacing natural gas-fired generation, as there are few coal-fired power plants remaining in the region.
- Case studies show the potential for hydroelectricity imports to help stabilize electricity prices, reduce costs to consumers, and make variable renewable energy (such as wind and solar) more profitable. When hydroelectricity imports are used to balance fluctuations in wind power generation, they reduce price volatility and can increase the revenue available to wind projects.
Renewable Electricity: Potential Economic Effects of Increased Commitments in Massachusetts (Investigation No. 332-574, USITC Publication 5154, January 2021) is available on the USITC’s website at https://www.usitc.gov/publications/332/pub5154.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 requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 21-026
Inv. No(s). 701-TA-638 and 731-TA-1473 (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 corrosion inhibitors 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.
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 and countervailing duty orders on imports of this product from China.
The Commission’s public report Corrosion Inhibitors from China (Inv. Nos. 701-TA-638 and 731-TA-1473 (Final), USITC Publication 5169, March 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by March 30, 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
Corrosion Inhibitors from China
Investigation Nos. 701-TA-638 and 731‐TA‐1473 (Final)
Product Description: Corrosion inhibitors covered in these investigations are used to protect elements and metal alloys, including copper, copper alloys, zinc, cobalt, silver, aluminum, and steel from corrosion, a natural process that converts a refined metal into a more chemically stable form (e.g., an oxide, hydroxide, or sulfide). Specifically, the scope includes tolyltriazole and benzotriazole of all grades and forms, including the sodium salt forms. Included are mixtures of tolyltriazole, benzotriazole, and their salt forms amongst themselves or with other products, provided that the tolyltriazole and benzotriazole comprise at least 5 percent of the mixture on a dry weight basis. For such combined products, only the tolyltriazole/sodium tolyltriazole and benzotriazole/sodium benzotriazole component is covered by the scope. Excluded is a tolyltriazole or benzotriazole combination or mixture that is transformed through a chemical reaction into another product, such that, for example, the tolyltriazole or benzotriazole can no longer be separated from the other products through a distillation or other process. Corrosion inhibitors are typically used for corrosion protection in a variety of applications, such as industrial water treatment, automotive fluids, metalworking fluids, aircraft and runway de-icers, lubricants, direct treatment, cleaners, circuit boards, inks, and coatings.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioner: Wincom, Inc., Blue Ash, OH.
3. USITC Institution Date: Wednesday, February 5, 2020.
4. USITC Hearing Date: Thursday, January 21, 2021.
5. USITC Vote Date: Tuesday, February 23, 2021.
6. USITC Views to Commerce: Tuesday, March 11, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: South Carolina, Texas, and Ohio.
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: $19.8 million.
2. Nonsubject imports: $2.0 million.
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-025
Inv. No(s). 337-TA-1249, 337-TA-1250, and 337-TA-1251
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute investigations of certain cellular signal boosters, repeaters, bi-directional amplifiers, and components thereof. The products at issue in the investigations are described in the Commission’s notices of investigation (337-TA-1249, 337-TA-1250, and 337-TA-1251).
The investigations are based on a complaint filed by Wilson Electronics LLC of St. George, UT, on January 21, 2021. Supplements to the complaint were filed on February 1, 8, and 11, 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 cellular signal boosters, repeaters, bi-directional amplifiers, and components thereof that infringe 12 patents asserted by the complainant. To address the complexity of the allegations, the Commission is implementing its severing rule and will institute three separate investigations, each covering four patents. Details are provided in the notices of investigation cited above.
The complainant requests that the USITC issue limited exclusion orders and cease and desist orders.
The USITC has identified the following as respondents in these investigations:
Cellphone-Mate, Inc. d/b/a SureCall of Fremont, CA; and
Shenzhen SureCall Communication Technology Co. Ltd. of Shenzhen, China.
By instituting these investigations (337-TA-1249, 337-TA-1250, and 337-TA-1251), the USITC has not yet made any decision on the merits of the cases. The USITC’s Chief Administrative Law Judge will assign each case to one of the USITC’s administrative law judges (ALJs), who will schedule and hold evidentiary hearings. The ALJs will make initial determinations as to whether there is a violation of section 337; those initial determinations are subject to review by the Commission.
The USITC will make final determinations in the investigations at the earliest practicable time. Within 45 days after institution of the investigations, the USITC will set target dates for completing the investigations. 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.