October 16, 2020
News Release 20-120
Inv. No(s). 337-TA-1224
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Digital Video-Capable Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video-capable 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 Koninklijke Philips N.V. of Eindhoven, The Netherlands, and Philips North America LLC of Cambridge, MA, on September 18, 2020.  The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital video-capable devices 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:

Dell Technologies Inc., of Round Rock, TX;
Dell Inc.. of Round Rock, TX;
Hisense Co. Ltd., of Qingdao, Shandong Province, China;
Hisense Visual Technology Co., Ltd. (f/k/a Qingdao Hisense Electric Co., Ltd.), of Qingdao, Shandong Province, China;
Hisense Electronics Manufacturing Company of America Corporation, of Suwanee, GA;
Hisense USA Corporation, of Suwanee, GA;
Hisense Import & Export Co. Ltd., of Qingdao, Shandong Province, China;
Hisense International Co., Ltd., of Qingdao, Shandong Province, China;
Hisense International (HK) Co., Ltd., of Sheung Wan, Hong Kong;
Hisense International (Hong Kong) America Investment Co., Ltd., of Sheung Wan, Hong Kong;
HP, Inc., of Palo Alto, CA;
Lenovo Group Ltd., of Quarry Bay, Hong Kong;
Lenovo (United States), Inc., of Morrisville, NC;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ;
TCL Industries Holdings Co., Ltd., of Shenzhen, Guangdong, China;
TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia Technology Holdings Ltd.), of Hong Kong;
TCL King Electrical Appliances (Huizhou) Co. Ltd., of Huizhou, China;
TTE Technology, Inc., of Corona, CA;
TCL Moka International Ltd., of Sha Tin, Hong Kong;
TCL Moka Manufacturing S.A. de C.V., of Tijuana, B.C., Mexico;
TCL Smart Device (Vietnam) Company Ltd., of Binh Duong Province, Vietnam;
MediaTek Inc., of Hsinchu, Taiwan;
MediaTek USA Inc., of San Jose, CA;
Realtek Semiconductor Corp., of Hsinchu, Taiwan; and
Intel Corporation, of Santa Clara, CA.

By instituting this investigation (337-TA-1224), 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.

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October 16, 2020
News Release 20-119
Inv. No(s). 701-TA-432 and 731-TA-1024-1028 (Third Review) and AA1921-188 (Fifth Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of prestressed concrete steel wire strand from Brazil, India, Japan, Korea, Mexico, and Thailand 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 Brazil, India, Japan, Korea, Mexico, and Thailand 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 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand (Inv. Nos. 701-TA-432 and 731-TA-1024-1028 (Third Review) and AA1921-188 (Fifth Review), USITC Publication 5130, October 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by November 18, 2020; 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 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand were instituted on March 2, 2020.

On June 5, 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 responses were 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.

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October 16, 2020
News Release 20-118
Inv. No(s). 337-TA-1223
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Shingled Solar Modules, Components Thereof, and Methods for Manufacturing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shingled solar modules, components thereof, and methods for manufacturing 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 The Solaria Corporation of Fremont, CA, on September 15, 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 shingled solar modules, components thereof, and methods for manufacturing 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:

Canadian Solar Inc. of Guelph, Ontario, Canada; and
Canadian Solar (USA) Inc. of Walnut Creek, CA.

By instituting this investigation (337-TA-1223), 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.

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October 15, 2020
News Release 20-117
Inv. No(s). 731-TA-1046 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Tetrahydrofurfuryl Alcohol from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of tetrahydrofurfuryl alcohol 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 Tetrahydrofurfuryl Alcohol from China (Inv. No. 731-TA-1046 (Third Review), USITC Publication 5129, October 2020) will contain the views of the Commission and information developed during the review.

The report will be available by November 17, 2020; 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 Tetrahydrofurfuryl Alcohol from China was instituted on March 2, 2020.

On June 5, 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.

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October 14, 2020
News Release 20-116
Inv. No(s). 337-TA-1222
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video processing devices, components thereof, and digital smart televisions containing the same.  The products at issue in the investigation are described in the Commission’s notice of institution of investigation.

The investigation is based on a complaint filed by DivX, LLC, of San Diego, CA, on September 10, 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 video processing devices, components thereof, and digital smart televisions 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:

Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Rep. of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Electronics HCMC CE Complex, Co., Ltd., of Ho Chi Minh City, Vietnam;
LG Electronics Inc. of Seoul, Rep. of Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ;
TCL Corporation of Huizhou, Guangdong, China;
TCL Technology Group Corporation of Huizhou, Guangdong, China;
TCL Electronics Holdings Limited of Shenzhen, Guangdong, China;
TTE Technology, Inc., Corona, CA;
Shenzhen TCL New Technologies Co. Ltd. of Shenzhen, Guangdong, China;
TCL King Electrical Appliances (Huizhou) Co. Ltd. of Huizhou, Guangdong, China;
TCL MOKA International Limited of Sha Tin, New Territories, Hong Kong;
TCL Smart Device (Vietnam) Co., Ltd., of Binh Duong Province, Vietnam;
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
MStar Semiconductor, Inc., of ChuPei City, Hsinchu Hsien, Taiwan; and
Realtek Semiconductor Corp. of Hsinchu, Taiwan.

By instituting this investigation (337-TA-1222), 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.

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October 2, 2020
News Release 20-115
Inv. No(s). 731-TA-1229-1230 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Monosodium Glutamate from China and Indonesia

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of monosodium glutamate from China 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 these products from China 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 Monosodium Glutamate from China and Indonesia (Inv. Nos. 731-TA-1229-1230 (Review), USITC Publication 5127, October 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by November 10, 2020; 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 Monosodium Glutamate from China and Indonesia were instituted on October 1, 2019.

On January 6, 2020, the Commission voted to conduct full reviews. With respect to Indonesia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.  With respect to China, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel 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 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.

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September 30, 2020
News Release 20-114
Inv. No(s). 337-TA-1221
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Electronic Stud Finders, Metal Detectors, and Electrical Scanners

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic stud finders, metal detectors, and electrical scanners.  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 Zircon Corporation of Campbell, CA, on August 31, 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 electronic stud finders, metal detectors, and electrical scanners that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified the following as respondents in this investigation:

Stanley Black & Decker, Inc., of New Britain, CT; and
Black & Decker (U.S.), Inc., of Towson, MD.

By instituting this investigation (337-TA-1221), 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.

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September 29, 2020
News Release 20-113
Inv. No(s). 337-TA-1220
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Filament Light-Emitting Diodes and Products Containing Same (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain filament light-emitting diodes and products containing same (II).  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 Regents of the University of California of Oakland, CA, on August 31, 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 filament light-emitting diodes and products containing same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.  

The USITC has identified the following as respondents in this investigation:

General Electric Company of Boston, MA;
Consumer Lighting (U.S.) LLC d/b/a GE Lighting of East Cleveland, OH;
Savant Systems, Inc., of Hyannis, MA;
Home Depot Product Authority, LLC, of Atlanta, GA;
Home Depot U.S.A., Inc., of Atlanta, GA;
The Home Depot, Inc., of Atlanta, GA;
Feit Electric Company, Inc., of Pico Rivera, CA;
Satco Products, Inc., of Brentwood, NY;
IKEA Supply AG of Pratteln, Switzerland;
IKEA U.S. Retail LLC of Conshohocken, PA; and
IKEA of Sweden AB of Almhult, Sweden.

By instituting this investigation (337-TA-1220), 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.

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September 28, 2020
News Release 20-112
Inv. No(s). 332-578
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases Report Concerning Proposed Modifications to the U.S. Generalized System of Preferences

The U.S. International Trade Commission (USITC) today released a public version of its confidential report on possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2020 Review, was requested by the U.S. Trade Representative (USTR).

The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on August 31, 2020. The public version released today contains only the unclassified sections, with any business confidential information deleted.

As requested, the USITC provided advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the addition to the list of eligible articles for the purposes of the GSP program of four HTS provisions for all beneficiary developing countries (BDCs).

The additions in consideration are:

  • 0603.11.00 (All fresh cut roses),

  • 0603.11.0010 (Fresh cut sweetheart roses),

  • 0603.11.0030 (Fresh cut spray roses),

  • 0603.11.0060 (Fresh cut roses, other than sweetheart and spray roses).

As requested, the USITC provided advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the removal from eligibility for duty-free treatment under the GSP program of six HTS provisions for certain GSP countries.

The removals in consideration are:

  • 1006.10.00 (Rice in the husk (paddy or rough)) from least-developed beneficiary developing countries (LDBDCs),

  • 1006.20.20 (Basmati rice, husked) from LDBDCs,

  • 1006.20.40 (Husked (brown) rice, other than basmati from LDBDCs,

  • 1006.30.10 (Rice semi-milled or wholly milled, whether or not polished or glazed, parboiled) from all BDCs,

  • 1006.30.90 (Rice semi-milled or wholly milled, whether or not polished or glazed, other than parboiled) from LDBDCs,

  • 1006.40.00 (Broken rice) from LDBDCs.

Generalized System of Preferences: Possible Modifications, 2020 Review (Investigation No. 332-578), USITC publication 5118, September 2020) is available on the USITC’s Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5119.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.

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September 18, 2020
News Release 20-111
Inv. No(s). 701-TA-458 and 731-TA-1154 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Kitchen Appliance Shelving and Racks from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of kitchen appliance shelving and racks from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

The Commission found two like products in these reviews: refrigerator shelving and oven racks.  With respect to each, 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 orders on imports of these products from China will remain in place. 

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 Kitchen Appliance Shelving and Racks from China (Inv. Nos. 701-TA-458 and 731-TA-1154 (Second Review), USITC Publication 5123, September 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by October 21, 2020; 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 Kitchen Appliance Shelving and Racks from China were instituted on February 3, 2020.

On May 8, 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.

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