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News Release 20-088
Inv. No(s). 337-TA-1213
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, fixtures, 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 IDEAL INDUSTRIES LIGHTING LLC d/b/a Cree Lighting of Durham, NC, on July 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 light-emitting diode products, fixtures, and components thereof 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 RAB Lighting Inc. of Northvale, NJ, as the respondent in this investigation.
By instituting this investigation (337-TA-1213), 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 20-087
Inv. No(s). 337-TA-1212
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic candle products and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by The Sterno Group Companies, LLC, of Corona, CA, and Sterno Home Inc. of Coquitlam, BC, Canada, on July 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 electronic candle products 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:
Shenzhen Liown Electronics Co. Ltd. of Shenzhen, Guangdong, China;
Luminara Worldwide, LLC, of Eden Prairie, MN; and
L Candle Company, LLC, of Brea, CA.
By instituting this investigation (337-TA-1212), 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 20-086
Inv. No(s). 337-TA-1211
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vaporizer cartridges 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 Juul Labs, Inc., of San Francisco, CA, on July 10, 2020. Supplements to the complaint were filed on July 21, 2020, and July 31, 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 vaporizer cartridges and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
101 Smoke Shop, Inc., of Los Angeles, CA;
2nd Wife Vape of Haslet, TX;
Access Vapor LLC of Orlando, FL;
All Puff Store of Middleburg Heights, OH;
Alternative Pods of Palatine, IL;
Ana Equity LLC of Orlando, FL;
Aqua Haze LLC of Farmers Branch, TX;
Cali Pods of Houston, TX;
Canal Smoke Express, Inc., of New York, NY;
CaryTown Tobacco of Richmond, VA;
Cigar Road, Inc., of Woodland Hills, CA;
Cloud 99 Vapes of New York, NY;
DripTip Vapes LLC of Plantation, FL;
Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. of Shenzhen, Guangdong, China;
eCig-City of Riverside, CA;
Ejuicedb of Farmingdale, NY;
eLiquid Stop of Glendale, CA;
Eon Pods LLC of Jersey City, NJ;
Evergreen Smokeshop of Oakland, CA;
EZFumes of Bedford, TX;
Guangdong Cellular Workshop Electronic Technology Co., Ltd., of Guangdong, China;
JC Pods of Elk Grove Village, IL;
Jem Pods, U.S.A., of Snellville, GA;
JUULSite Inc. of Bensenville, IL;
Keep Vapor Electronic Tech. Co., Ltd., of Shenzhen, China;
Limitless Accessories, Inc., of Tinley Park, IL;
Midwest Goods, Inc., of Bensenville, IL;
Modern Age Tobacco of Gainesville, FL;
Mr. Fog of Bensenville, IL;
Naturally Peaked Health Co. of Brewster, NY;
Nilkant 167 Inc. of Boston, MA;
Perfect Vape LLC of Oklahoma City, OK;
Price Point NY of Farmingdale, NY;
Puff E-Cig of Imlay City, MI;
Shenzhen Apoc Technology Co., Limited, of Shenzhen, China;
Shenzhen Bauway Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Ocity Times Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yark Technology Co., Ltd., of Shenzhen, China;
Sky Distribution LLC of Addison, IL;
Smoker’s Express of Auburn Hills, MI;
The Kind Group LLC of Ocean, NJ;
Tobacco Alley of Midland of Midland, TX;
Valgous of Bensenville, IL;
Vape Central Group of Hallandale, FL;
Vape ‘n Glass of Streamwood, IL;
Vaperistas of Wood Dale, IL;
Vapers&Papers, LLC, of Schenectady, NY;
WeVapeUSA of Brooklyn, NY; and
Wireless N Vapor Citi LLC of Lexington, KY.
By instituting this investigation (337-TA-1211), 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 20-085
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees its final report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).
The Commission submitted the report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration, as required by the AMCA.
The Commission’s final report and other background information can be found on the USITC website at https://www.usitc.gov/trade_tariffs/mtb_program_information.
In the report, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or for which the Commission determined that the petitioner was not a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).
The Commission’s final report provides recommendations on 3,442 petitions. The largest product categories were chemicals, accounting for 1,839 petitions; machinery and equipment, accounting for 715 petitions; and textiles, apparel and footwear, accounting for 581 petitions. Of the 3,442 petitions, the Commission assigned 2,695 to Categories I through IV, 42 to Category V, and 705 to Category VI.
Background: The USITC has now completed the second of two miscellaneous tariff bill petition cycles mandated by the AMCA. Under the process, petitioners who could demonstrate that they are likely beneficiaries of a suspension or reduction of duties submitted petitions to the USITC between October 11, 2019, and December 10, 2019. The USITC accepted public comments on the petitions between January 10, 2020, and February 24, 2020. The USITC then evaluated the petitions to determine whether they met certain statutory requirements and submitted a preliminary report on the petitions received to the Committees, on June 9, 2020. The USITC subsequently accepted additional, limited public comments on Category VI petitions from June 12, 2020, through June 22, 2020. The submission of today’s report marks the completion of the second and final petition cycle required by the law.
News Release 20-084
Inv. No(s). 701-TA-650-651
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 phosphate fertilizers that are allegedly subsidized by the governments of Morocco and Russia.
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 with its countervailing duty investigations concerning imports of these products from Morocco and Russia, with its preliminary determinations due on or about September 21, 2020.
The Commission’s public report Phosphate Fertilizers from Morocco and Russia (Inv. Nos. 701-TA-650-651 (Preliminary), USITC Publication 5105, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 8, 2020; 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
Phosphate Fertilizers from Morocco and Russia
Investigation Nos. 701-TA-650-651 (Preliminary)
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 granular phosphate fertilizer compounds or compacted forms, each combined with the other essential plant 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 intermediate product, and non-fertilizer phosphates.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty investigation.
2. Petitioner: The Mosaic Company, Plymouth, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Conference Date: Friday, July 17, 2020.
5. USITC Vote Date: Friday, August 7, 2020.
6. USITC Views to Commerce: Monday, August 17, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 5.
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: $1,066 million.
2. Nonsubject imports: $355 million.
3. Leading import sources: Morocco, Russia, and Saudi Arabia.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-083
Inv. No(s). 701-TA-649 and 731-TA-1523
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 twist ties 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 with its antidumping and countervailing duty investigations concerning imports of this product from China, with its preliminary countervailing duty determination due on or about September 21, 2020, and its preliminary antidumping duty determination due on or about December 3, 2020.
The Commission’s public report Twist Ties from China (Inv. Nos. 701-TA-649 and 731-TA-1523 (Preliminary), USITC Publication 5104, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 8, 2020; 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
Twist Ties from China
Investigation Nos. 701-TA-649 and 731‐TA‐1523 (Preliminary)
Product Description: The merchandise covered by this investigation consists of twist ties, which are thin, bendable ties for closing containers, such as bags, bundle items, or identifying objects. The product in most circumstances is comprised of one or more metal wires encased in a covering material, which allows the tie to retain its shape and bind against itself. It is possible to make a twist tie with plastic and no metal wires. The metal wire that is generally used in a twist tie is stainless or galvanized steel and typically measures between the gauges of 19 (0.0410” diameter) and 31 (0.0132”) (American Standard Wire Gauge). The product usually has a width between 0.075” and 1” in the cross-machine direction (width of the tie – measurement perpendicular with the wire); a thickness between 0.015” and 0.045” over the wire; and a thickness between 0.002” and 0.020” in areas without wire. Included are all-plastic twist ties containing a plastic core as well as a plastic covering (the wing) over the core, like paper and/or plastic in a metal tie. An all-plastic twist tie (without metal wire) has the same measurements as a twist tie containing one or more metal wires. Twist ties are commonly available individually in pre-cut lengths (“singles”), wound in large spools to be cut later by machine or hand, or in perforated sheets of spooled or single twist ties that are later slit by machine or by hand (“gangs”). The covering material of a twist tie may be paper (metallic or plain) or plastic and can be dyed in a variety of colors with or without printing. The product may have the same covering material on both sides or one side of paper and one side of plastic. When comprised of two sides of paper, the paper material is bound together with an adhesive or plastic. A twist tie may also have a tag or label attached to it or a pre-applied adhesive attached.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioner: Bedford Industries Inc., Worthington, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Conference Date: Friday, July 17, 2020.
5. USITC Vote Date: Friday, August 7, 2020.
6. USITC Views to Commerce: Monday, August 17, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Arizona and Minnesota.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-082
Inv. No(s). 337-TA-1210
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wrapping material and methods for use in agricultural applications. 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 Tama Group of Israel and Tama USA Inc. of Dubuque, IA, on July 7, 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 wrapping materials and methods for use in agricultural applications 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:
Zhejiang Yajia Cotton Picker Parts Co., Ltd., of Zhejiang, China;
Southern Marketing Affiliates, Inc., of Jonesboro, AR;
Hai’an Xin Fu Yuan of Agricultural Science and Technology Co., Ltd., of Jiangsu, China; and
Gosun Business Development Co. Ltd. of Grande Prairie, Canada.
By instituting this investigation (337-TA-1210), 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 20-081
Inv. No(s). 337-TA-1209
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain movable barrier operator systems 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 Overhead Door Corporation of Lewisville, TX, and GMI Holdings Inc. of Mount Hope, OH, on July 6, 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 movable barrier operator systems and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified The Chamberlain Group, Inc., of Oak Brook, IL, as the respondent in this investigation.
By instituting this investigation (337-TA-1209), 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 20-080
Inv. No(s). 337-TA-080
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including computers, tablet computers, and components and modules 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 Nokia Technologies Oy and Nokia Corporation, both of Espoo, Finland, on July 2, 2020. The complaint was supplemented on July 17, 20, and 22, 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 devices, including computers, tablet computers, and components and modules 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:
Lenovo (United States), Inc., of Morrisville, NC;
Lenovo Group Limited of Quarry Bay, Hong Kong;
Lenovo (Beijing) Limited of Beijing, China;
Lenovo (Shanghai) Electronics Technology Co. Ltd. of Shanghai, China;
Lenovo PC HK Limited of Quarry Bay, Hong Kong;
Lenovo Information Products Shenzhen Co. Ltd. of Shenzhen, China;
Lenovo Mobile Communication of Wuhan, China;
Lenovo Corporation of Wujiang, China; and
Lenovo Centro Tecnologico S. de RL CV of Nuevo Leon, Mexico.
By instituting this investigation (337-TA-1208), 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 20-079
Inv. No(s). 332-573
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released the first volume of its report on the impact that policies related to pesticide maximum residue levels (MRLs) have on international agricultural trade.
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. The USTR requested that the Commission convey its report in two separate volumes.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, is assessing the global economic impact of national policies and regulations related to maximum residue levels (MRLs) for plant protection products. The USITC reports will document the impacts of pesticide MRLs, including when they are missing and low, on farmers and exporters in countries representing a range of income classifications.
The information in volume 1 of the report includes, but is not limited to:
- an overview of the role of plant protection products and their MRLs in relation to global production, international trade, and food safety for consumers;
- a description of approaches to establishing national and international MRLs;
- a description of how MRLs for plant protection products are developed, administered, and enforced in major markets for U.S. agricultural products;
- a description of challenges and concerns faced by exporting countries in meeting importing country pesticide MRLs;
- case studies describing the costs and effects of MRL compliance and non-compliance for producers in foreign countries; and
- an economic literature review.
Detailed highlights of the Commission's findings can be found in the report's Executive Summary.
The USITC expects to transmit volume 2 of its report by January 31, 2021, as requested. Volume 2 will include case studies that describe the costs and effects of MRL compliance and noncompliance for U.S. producers and a quantitative analysis on the global impact of MRLs.
Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, Volume 1 (Investigation No. 332-573, USITC publication 5071, June 2020) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5071.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting report conveys the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.