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News Release 21-024
Inv. No(s). 337-TA-1248
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cellular communications infrastructure systems, 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 Ericsson Inc. of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on January 15, 2021. The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cellular communications infrastructure systems, 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 the following as respondents in this investigation:
Samsung Electronics Co. Ltd. of Gyeonggi, Republic of Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.
By instituting this investigation (337-TA-1248), 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 21-023
Inv. No(s). 731-TA-776-779 (Fourth 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 preserved mushrooms from Chile, China, India, and Indonesia 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 Chile, China, India, and Indonesia 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 Preserved Mushrooms from Chile, China, India, and Indonesia (Inv. Nos. 731-TA-776-779 (Fourth Review), USITC Publication 5167, March 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by March 22, 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 Preserved Mushrooms from Chile, China, India, and Indonesia were instituted on August 3, 2020.
On November 6, 2020, the Commission voted to conduct expedited reviews. 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 responses were inadequate and voted for expedited reviews. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full 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 21-022
Inv. No(s). TA-201-077
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that fresh, chilled, or frozen blueberries are not being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat of serious injury, to the domestic industry producing an article like or directly competitive with the imported article.
The determination was made in the context of an investigation initiated on September 29, 2020, under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) at the request of the U.S. Trade Representative. Information about this investigation and global safeguard investigations in general can be found here: https://usitc.gov/press_room/documents/blueberries_factsheet_finalassubmittedforposting.pdf
The Commission’s determination resulted from a 5-0 vote. 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 today’s vote, the investigation will end, and the Commission will not recommend a remedy to the President. The Commission will submit its report containing its injury determination and the basis for it to the President by March 29, 2021.
A public report concerning the investigation will be available after the Commission submits its report to the President.
News Release 21-021
Inv. No(s). 731-TA-1472 (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 difluoromethane (R-32) from China 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 determination, Commerce will issue an antidumping duty order on imports of this product from China.
The Commission’s public report Difluoromethane (R-32) from China (Inv. No. 731-TA-1472 (Final), USITC Publication 5165, March 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by March 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
Difluoromethane from China
Investigation No. 731‐TA‐1472 (Final)
Product Description: R-32 is a hydrofluorocarbon (HFC), a colorless, odorless, gaseous chemical that is primarily used as a component in HFC blends. Once blended, these gases are used for various residential and commercial refrigerant and cooling applications. Apart from ‘R-32’, difluoromethane has other names, including HFC-32, FC-32, Freon-32, methylene difluoride, methylene fluoride, carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. Compared to other HFC components, R-32 has a relatively lower global warming potential, no ozone depletion potential, and is a low-to-medium temperature refrigerant.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty investigation.
2. Petitioners: Arkema, Inc., Pennsylvania.
3. USITC Institution Date: Thursday, January 23, 2020.
4. USITC Hearing Date: Tuesday, January 12, 2021 (cancelled).
5. USITC Vote Date: Wednesday, February 10, 2021.
6. USITC Views to Commerce: not later than Tuesday, March 2, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 1.
2. Location of producers’ plants: Kentucky.
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 21-020
Inv. No(s). 731-TA-1070A
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 crepe paper 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 Crepe Paper from China (Inv. No. 731-TA-1070A (Third Review), USITC Publication 5163, February 2021) will contain the views of the Commission and information developed during the review.
The report will be available by March 15, 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 Crepe Paper from China was instituted on August 3, 2020.
On November 6, 2020, the Commission voted to conduct an expedited review. 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. 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.
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 21-019
Inv. No(s). 337-TA-1247
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communications equipment 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 Electronics America, Inc., of Ridgefield Park, NJ, on January 7, 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 wireless communications equipment and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as 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-1247), 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 21-018
Inv. No(s). 337-TA-1246
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 Tela Innovations, Inc., of Los Gatos, CA, on December 18, 2020. 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 and products containing the same 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 respondents in this investigation:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
ASUSTek Computer Inc. of Taipai, Taiwan;
ASUS Computer International of Fremont, CA;
Intel Corporation of Santa Clara, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Micro-Star International Co., Ltd., of New Taipei City, Taiwan; and
MSI Computer Corp. of City of Industry, CA.
By instituting this investigation (337-TA-1246), 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 20-017
Inv. No(s). 337-TA-1245
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices with wireless connectivity, 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 Ericsson Inc., of Plano, TX; Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and Ericsson AB of Stockholm, Sweden, on January 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 electronic devices with wireless connectivity, 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 the following as respondents in this investigation:
Samsung Electronics Co., Ltd. of Gyeonggi, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Electronics Thai Nguyen Co., Ltd., of Thai Nguyen, Vietnam;
Samsung Electronics Vietnam Co., Ltd., of Bac Ninh Province, Vietnam; and
Samsung Electronics HCMC CE Complex, Co., Ltd., of Ho Chi Minh City, Vietnam.
By instituting this investigation (337-TA-1245), 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 21-016
Inv. No(s). 701-TA-637 and 731-TA-1471 (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 large vertical shaft engines 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 these products from China.
The Commission made a negative finding concerning critical circumstances with regard to imports of this product from China that are sold in the United States at less than fair value. As a result, these imports will not be subject to retroactive antidumping duties.
The Commission’s public report Large Vertical Shaft Engines from China (Inv. Nos. 701-TA-637 and 731-TA-1471 (Final), USITC Publication 5162, February 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 9, 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
Large Vertical Shaft Engines from China
Investigation Nos. 701-TA-637 and 731-TA-1471 (Final)
Product Description: Large vertical shaft engines are engines that are spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts, whether finished or unfinished, whether assembled or unassembled, with a minimum displacement of 225 cubic centimeters (“cc”) and a maximum displacement of 999cc. Such engines are primarily used for riding lawn mowers and zero-turn radius lawn mowers.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioners: The Coalition of American Vertical Engine Producers (Kohler Company, Kohler, WI; and Briggs & Stratton Corporation, Wauwatosa, WI.)
3. USITC Institution Date: Wednesday, January 15, 2020.
4. USITC Hearing Date: Tuesday, January 5, 2021.
5. USITC Vote Date: Tuesday, February 2, 2021.
6. USITC Notification to Commerce Date: Not later than Monday, February 22, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Alabama, Georgia, Kentucky, Mississippi, Missouri, Nebraska, and Wisconsin.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2020:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China, Japan, and Thailand.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-015
Inv. No(s). 337-TA-1244
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain batteries 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 One World Technologies, Inc., of Anderson, SC, and Techtronic Power Tools Technology Ltd. of Road Town, Tortola, British Virgin Islands, on December 30, 2020. The complaint was supplemented on January 12, 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 batteries and products containing same that infringe patents asserted by the complainants. The complainants request 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:
Darui Development Limited of Yakeshi, China;
Dongguan Xinjitong Electronic Technology Co., Ltd., of Dongguan City, China;
Shenzhen Laipaili Electronics Co., Ltd., of Shenzhen, China;
Shenzhen Liancheng Weiye Industrial Co., Ltd., of Shenzhen, China;
Shenzhen MingYang Creation Electronic Co., Ltd., of Shenzhen, China;
Shenzhen Ollop Technology Co. Ltd., of Shenzhen, China;
Shenzhen Rich Hao Yuan Energy Technology Co., Ltd., of Shenzhen, China;
Shenzhen Runsensheng Trading Co., Ltd., of Shenzhen, China;
Shenzhen Saen Trading Co., Ltd., of Shenzhen, China;
Shenzhen Shengruixiang E-Commerce Co., Ltd., of Shenzhen, China;
Shenzhen Tuo Yu Technology Co., Ltd., of Shenzhen, China;
Shenzhen Uni-Sun Electronics Co., Ltd., of Shenzhen, China; and
Shenzhen Vmartego Electronic Commerce Co., Ltd., of Shenzhen, China.
By instituting this investigation (337-TA-1244), 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.