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News Release 21-002
Inv. No(s). 701-TA-632-635 and 731-TA-1466 and 1468 (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 fluid end blocks from Germany and Italy that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of China, Germany, India, and Italy.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from China, Germany, India, and Italy and antidumping duty orders on imports of this product from Germany and Italy.
The Commission’s public report Fluid End Blocks from China, Germany, India, and Italy (Inv. Nos. 701-TA-632-635 and 731-TA-1466 and 1468 (Final), USITC Publication 5152, January 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by February 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
Fluid End Blocks from China, Germany, India, and Italy
Investigation Nos. 701-TA-632-635 and 731-TA-1466 and 1468 (Final)
Product Description: Fluid end blocks are steel forgings of a particular chemistry and certain dimensional ranges that are an essential part of a well service pump. Fluid end blocks are incorporated into a fluid end module, which is used in well stimulation processes and are responsible for pressurizing the pumped fluid into the well. Pumps incorporating fluid end blocks are primarily used for drilling or hydraulic fracturing in the oil and gas industry. Some fluid end blocks are incorporated into mud pumps, which use lower pressures and primarily pump water or a mud mixture. Most fluid end blocks are made from stainless steel or non-stainless alloy steel, and many fluid end block producers experiment with different steel chemistries in an effort to improve fluid end block hardness, toughness, strength, and machinability.
Status of Proceedings:
1. Type of investigation: Final phase antidumping and countervailing duty investigations.
2. Petitioner: Ellwood City Forge Company, Ellwood Quality Steels Company, and Ellwood National Steel Company, Ellwood City, PA; A. Finkl & Sons, Chicago, IL; and FEB Fair Trade Coalition, Cleveland, OH.
3. USITC Institution Date: Thursday, December 19, 2019.
4. USITC Hearing Date: Tuesday, December 1, 2020.
5. USITC Vote Date: Wednesday, January 6, 2021.
6. USITC Views to Commerce Date: Tuesday, January 19, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 14.
2. Location of producers’ plants: Arkansas, Illinois, Indiana, Michigan, Pennsylvania, Texas, Wisconsin.
3. Production and related workers: 277.
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: $189.0 million.
2. Nonsubject imports: 1
3. Leading import sources: China, Germany, India, and Italy.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-001
Inv. No(s). 731-TA-1465 (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 4th tier cigarettes 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 and Commissioners David S. Johanson and Amy A. Karpel voted in the negative. Vice Chair Randolph J. Stayin and Commissioner Rhonda K. Schmidtlein voted in the affirmative.
As a result of the Commission’s negative determination, no antidumping duty order will be issued.
The Commission’s public report 4th Tier Cigarettes from Korea (Inv. No. 731-TA-1465 (Final), USITC Publication 5151, January 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by February 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
4th Tier Cigarettes from Korea
Investigation No. 731-TA-1465 (Final)
Product Description: Cigarettes are combustible tobacco products rolled in paper and delivering nicotine. They may or may not have a filter and are sold in packs of 20 cigarettes in either 100's (100mm) or King's (85mm) lengths. The packaging and lengths are regulated by the U.S. Food and Drug Administration ("FDA"). While there is no single definition for a fourth tier cigarette, there is a consensus that fourth tier cigarettes are deeply discounted products. Fourth tier cigarettes may contain a higher percentage of tobacco stems compared with non-fourth tier cigarettes.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigation.
2. Petitioners: Xcaliber, Pryor, OK; Cheyenne International, Grover, NC.
3. USITC Institution Date: Wednesday, December 18, 2019.
4. USITC Hearing Date: Thursday, December 3, 2020.
5. USITC Vote Date: Tuesday, January 5, 2021.
6. USITC Notification to Commerce Date: Friday, January 25, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 5.
2. Location of producers’ plants: Florida, Kentucky, New York, North Carolina, and Oklahoma.
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, Korea.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-148
Inv. No(s). 337-TA-1237
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cloud-connected wood-pellet grills 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 Traeger Pellet Grills LLC of Salt Lake City, UT, on November 25, 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 cloud-connected wood-pellet grills 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 GMG Products LLC as the respondent in this investigation.
By instituting this investigation (337-TA-1237), 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 20-147
Inv. No(s). 332-580
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released a report on U.S. industries producing COVID-19 related goods and the supply chain challenges and constraints that impacted the availability of such goods.
The investigation, COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges, was requested by the U.S. House of Representatives’ Committee on Ways and Means and the U.S. Senate Committee on Finance in a letter received on August 13, 2020.
As requested, the USITC, an independent nonpartisan factfinding federal agency, completed the investigation as a follow-on to an earlier report that identified goods related to treating and otherwise responding to the COVID-19 pandemic. Released in May 2020 and updated in June 2020, that report identified the goods’ source countries, tariff classifications, and applicable duty rates.
The new report, focused primarily on the availability of goods from the onset of the COVID-19 pandemic through September 2020, provides overviews of four key industry sectors (medical devices, personal protective equipment, pharmaceuticals, and soaps and cleaning compounds). In addition, the report includes case studies on ventilators, N95 respirators, surgical masks, surgical and isolation gowns, medical and surgical gloves, test kits, vaccines, and hand sanitizer.
Major Findings:
- U.S. demand for all products covered in the case studies substantially increased in the first half of 2020, as compared to 2019, leading to significant shortages. Domestic industries were able to continue current operations but faced challenges in ramping up production to meet growing demand. Importers of COVID-19 related goods faced disruptions to normal levels of supply for some products and challenges associated with a rapid increase in global demand.
- The United States produced all goods covered in the case studies before the pandemic, as well as many of the inputs. However, the extent of domestic production varied significantly. The U.S. industry supplied only a relatively small share of the domestic market for certain medical PPE, such as medical gloves and gowns, but supplied a large share of the domestic market for goods like ventilators, vaccines, N95 respirators, and hand sanitizer.
- U.S. imports of most COVID-19 related goods covered in the case studies increased substantially beginning around April or May 2020, depending on the product. Imports of many products exceeded their normal levels by orders of magnitude. Medical and surgical gloves, however, remain among the most hard-to-find items, with glove imports up only 17 percent during January-September 2020.
- Some of the initial supply chain challenges have eased, such as those for ventilators, but a number remain, including for many PPE items. Gloves, for example, are one of the most highly constrained COVID-19 related products, with shortages expected to continue beyond 2021.
- The major factors affecting domestic production of COVID-19 related goods include the availability and costs of inputs, the time and cost of bringing additional production capacity online (including purchasing and installing new machinery), and the time needed to recruit and train new workers. For firms entering the market or bringing new products to the market, challenges also include the time associated with designing products and getting them certified, as well as issues related to a hesitancy among purchasers to use unknown suppliers. Finally, U.S. producers faced, and continue to face, a conundrum when deciding whether to invest in domestic production, as there is little certainty about long-term demand and the ability to recoup investments, and a concern that post-pandemic purchasers will revert to buying from the lowest-cost suppliers, which often manufacture overseas.
- The most significant factor affecting imports was that global demand significantly exceeded available supply of many COVID-19 related goods, making it difficult for U.S. importers to procure sufficient quantities. Other major factors included substantially higher prices for imports, foreign export restrictions, logistics disruptions and cost increases, quality concerns (a significant increase in the number of counterfeit, illicit, and flawed products), and imported products differing from those used in the U.S. market.
COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges (Investigation No. 332-580, USITC Publication 5145, December 2020) is available on the USITC website at: https://www.usitc.gov/publications/332/pub5145.pdf.
USITC general factfinding investigations 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 30-146
Inv. No(s). 337-TA-1236
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain polycrystalline diamond compacts and articles 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 US Synthetic Corporation of Orem, UT, on November 23, 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 polycrystalline diamond compacts and articles containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SF Diamond Co., Ltd., of Zhengzhou, Henan, China;
SF Diamond USA, Inc., of Spring, TX;
Element Six Abrasives Holdings Ltd. of London, United Kingdom;
Element Six Global Innovation Centre of Oxfordshire, United Kingdom;
Element Six GmbH of Burghaun, Germany;
Element Six Limited of Nuffield, Springs, South Africa;
Element Six Production (Pty) Limited of Shannon, County Clare, Ireland;
Element Six Hard Materials (Wuxi) Co. Limited of Meicun, Wuxi New District, China;
Element Six Trading (Shanghai) Co. Limited of Pudong New District, Shanghai, China;
Element Six Technologies US Corporation of Santa Clara, CA;
Element Six US Corporation of Spring, TX;
ServSix US of Orem, UT;
Synergy Materials Technology Limited of Hong Kong, China;
Iljin Diamond Co., Ltd., of Seoul, Republic of Korea;
Iljin Holdings Co., Ltd., of Seoul, Republic of Korea;
Iljin USA Inc. of Houston, TX;
Iljin Europe GmbH of Eschborn, Germany;
Iljin Japan Co., Ltd., of Tokyo, Japan;
Iljin China Co., Ltd., of Minhang District, Shanghai, China;
Henan Jingrui New Material Technology Co., Ltd., of Zhengzhou City Airport, Henan, China;
Zhengzhou New Asia Superhard Materials Composite Co., Ltd., of Zhengzhou, Henan, China;
International Diamond Services, Inc., of Houston, TX;
CR Gems Superabrasives Co., Ltd., of Songjiang District, Shanghai, China;
FIDC Beijing Fortune International Diamond of Haidian District, Beijing, China;
Fujian Wanlong Superhard Material Technology Co., Ltd., of Quangzhou, Economic and Technology Development Zone, Fujian, China;
Zhuhai Juxin Technology of Zhuhai, Guangdong Province, China; and
Shenzhen Haimingrun Superhard Materials Co., Ltd., of Shenzhen City, Guangdong, China.
By instituting this investigation (337-TA-1236), 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 20-145
Inv. No(s). 337-TA-1235
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vehicle control systems, vehicles 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 Jaguar Land Rover Limited of Coventry, United Kingdom, and Jaguar Land Rover North America, LLC, of Mahwah, NJ, on November 19, 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 vehicle control systems, vehicles containing the same, and components thereof that infringe a patent 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:
Dr. Ing. h.c.F. Porsche AG, d/b/a Porsche AG, of Stuttgart, Germany;
Porsche Cars North America, Inc., of Atlanta, GA;
Automobili Lamborghini S.p.A. of Sant’Agata Bolognese, Italy;
Automobili Lamborghini America, LLC, of Herndon, VA;
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Audi AG of Ingolstadt, Germany; and
Audi of America, LLC, of Herndon, VA.
By instituting this investigation (337-TA-1235), 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 20-144
Inv. No(s). 337-TA-1234
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (“RFID”) products, components thereof, 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 Amtech Systems LLC of Albuquerque, NM, on November 13, 2020. Supplements to the complaint were filed on November 16, 2020 and December 9, 2020. 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 radio frequency identification (“RFID”) products, components thereof, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Kapsch TrafficCom AG of Vienna, Austria;
Kapsch TrafficCom B.V. of Breda Noord-Brabant, Netherlands;
Kapsch TrafficCom Canada, Inc. of Mississauga, Ontario, Canada;
Kapsch TrafficCom Holding Corp. of McLean, VA;
Kapsch TrafficCom Holding II US Corp. of McLean, VA;
Kapsch TrafficCom IVHS, Inc. of McLean, VA;
Kapsch TrafficCom USA, Inc. of McLean, VA;
Kapsch TrafficCom Inc. of McLean, VA; and
Kapsch TrafficCom Services USA, Inc. of McLean, VA.
By instituting this investigation (337-TA-1234), 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 20-143
Inv. No(s). 731-TA-1550-1553 (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 polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam that are allegedly 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 polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam, with its preliminary antidumping duty determinations due on or about April 6, 2021.
The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Preliminary), USITC Publication 5148, December 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after January 11, 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
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam
Investigation Nos. 731-TA-1550-1553 (Preliminary)
Product Description: Polyester textured yarn is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate) and produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty investigations.
2. Petitioners: Nan Ya Plastics Corp. America, Lake City, SC; and Unifi Manufacturing, Inc., Greensboro, NC.
3. USITC Institution Date: Wednesday, October 28, 2020.
4. USITC Conference Date: Wednesday, November 18, 2020.
5. USITC Vote Date: Friday, December 11, 2020.
6. USITC Notification to Commerce Date: Monday, December 14, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 5.
2. Location of producers’ plants: North Carolina and South Carolina.
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: $38 million.
2. Nonsubject imports: $103 million.
3. Leading import sources: Mexico, India, Indonesia, and Malaysia.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-142
Inv. No(s). 701-TA-456 and 731-TA-1152 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of citric acid and certain citrate salts 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 determinations, the existing orders on imports of these products 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 these five-year (sunset) reviews.
The Commission’s public report Citric Acid and Certain Citrate Salts from China (Inv. Nos. 701-TA-456 and 731-TA-1152 (Second Review), USITC Publication 5147, December 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by January 8, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Citric Acid and Certain Citrate Salts from China were instituted on May 1, 2019.
On August 4, 2020, the Commission voted to conduct expedited reviews. 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 expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 20-141
Inv. No(s). 332-581 and 332-582
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has instituted two monitoring factfinding investigations on U.S. imports of fresh or chilled strawberries and bell peppers.
The investigations, Monitoring of U.S. Imports of Fresh or Chilled Strawberries, and Monitoring of U.S. Imports of Fresh or Chilled Bell Peppers, was requested by the U.S. Trade Representative (USTR) in a letter received on November 4, 2020.
In the letter, the USTR noted that the monitoring request was made in accordance with the perishable agricultural product provisions of the global safeguard law. The provisions state that if the USITC has monitored imports of a perishable agricultural product for at least 90 days, the domestic industry may file a petition for a global safeguard investigation that includes a request for a preliminary determination and provisional relief pending completion of the full Commission investigation. More information concerning the provisions can be found in the Background section of the Commission’s notices of institution of monitoring investigations for fresh or chilled strawberries and fresh or chilled bell peppers.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will collect and analyze information on U.S. imports of fresh or chilled strawberries and bell peppers. The products identified for monitoring in USTR’s request letter are all products that fall under the follow statistical reporting categories in the Harmonized Tariff Schedule of the United States:
- for strawberries: 0810.10;
- for bell peppers: 0709.60.40.15, 0709.60.40.25, 0709.60.40.65, 0709.60.40.85.
As provided for in the statute, the USITC will monitor these products for a period not to exceed two years.
The USITC is seeking input for the investigation from all interested parties in the form of written submissions for the record. The Commission notes that it is seeking submissions to enable its monitoring activities only at this time.
Specifically, the Commission is interested in receiving information about imports, principal source countries, and the impact of the imports on the domestic industry producing the like or directly competitive product. The Commission is also interested in receiving information about the condition of the domestic industry, including with respect to production, employment, profits and losses, and other factors set out in section 202(c) of the Trade Act. To the extent practical, data and information should include the period 2016-2020 and any subsequent period.
Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on January 15, 2021. All written submissions, except for confidential business information, will be available for public inspection.
IMPORTANT: All filings, including written submissions, must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.
Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated December 2, 2020. The notice can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.
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.