An official website of the United States government. 
News Release 20-036
Inv. No(s). 332-571
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission today released its report U.S. Trade and Investment in Sub-Saharan Africa: Recent Trends and New Developments.
The USITC, an independent, nonpartisan, factfinding federal agency, conducted the investigation at the request of the U.S. Trade Representative (USTR).
In its request, the USTR asked the USITC to provide information on sub-Saharan Africa’s (SSA) trade performance under the African Growth and Opportunity Act (AGOA).
The USTR also asked for specific information on how the enforcement of intellectual property rights and other policy measures affect trade and investment across the region, as well as a better understanding of growing markets for biotechnology and digital products and services, particularly for key markets such as South Africa, Nigeria, Kenya, Ghana, Rwanda, Ethiopia, and Côte d’Ivoire.
As requested by the USTR, the USITC report provides:
- an overview of U.S. exports to and imports from SSA of goods and services, as well as U.S. outward foreign direct investment (FDI) to SSA countries over the 2016–2018 period;
- examples of how products and services from the United States integrate into key SSA value chains;
- a description of the intellectual property environment, including national and regional laws, enforcement measures, and infringement issues, in key SSA markets;
- a broad overview and examples of technological innovation in the SSA food and agricultural production, processing, and marketing system;
- a broad overview and descriptions of recent developments in the digital economy for key SSA markets;
- a summary of the AGOA utilization strategies that have been developed by SSA countries;
- a summary of recent developments of regional integration efforts in SSA.
Detailed highlights of the Commission’s findings can be found in the report’s Executive Summary.
U.S. Trade and Investment with Sub-Saharan Africa: Recent Trends and New Developments (Investigation No. 332-571, USITC publication 5043, April 2020) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5043.pdf.
The USITC issued an earlier report on U.S. trade and investment in Sub-Saharan Africa in 2018.
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 20-037
Inv. No(s). 701-TA-621 and 731-TA-1447 (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 ceramic tile 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.
Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. Chairman David S. Johanson voted in the negative. Commissioner Randolph J. Stayin did not participate in these investigations.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from China. As a result, imports of ceramic tile from China will not be subject to retroactive antidumping duties.
The Commission’s public report Ceramic Tile from China (Inv. Nos. 701-TA-621 and 731-TA-1447 (Final), USITC Publication 5053, May 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available by June 2, 2020; 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
Ceramic Tile from China
Investigation Nos. 701-TA-621 and 731-TA-1447 (Final)
Product Description: Ceramic tile (e.g., flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, flags, finishing tile, etc.) contains a mixture of clay and other minerals that is fired so that the raw materials are fused together into a finished product that is less than 3.2 cm (1.3 inches) thick. All ceramic tile is subject to the scope regardless of end use, surface area, and weight; whether glazed or unglazed; water absorption coefficient; extent of vitrification; and whether or not on a backing. Ceramic tile may also include decorative features that may in spots exceed 3.2 cm (1.3 inches) in thickness. Ceramic tile “slabs” or “panels” are larger than 1 square meter (11 square feet). Subject merchandise also includes ceramic tile that undergoes minor processing (e.g., beveling, cutting, trimming, staining, painting, polishing, finishing, additional firing, etc.) in a third country prior to importation into the United States, or undergoes minor processing after importation into the United States.
Status of Proceedings:
1. Type of investigations: Final-phase countervailing duty and antidumping investigations.
2. Petitioners: American Wonder Porcelain, Lebanon, TN; Crossville Inc., Crossville, TN; Dal‐Tile Corp., Dallas, TX; Del Conca USA Inc., Loudon, TN; Florida Tile Inc., Lexington, KY; Florim USA, Clarksville, TN; Landmark Ceramics, Mount Pleasant, TN; and StonePeak Ceramics, Chicago, IL.
3. USITC Institution Date: Wednesday, April 10, 2019.
4. USITC Hearing Date: Tuesday, March 30 – Thursday, April 10, 2020 (conducted through written statements, testimony, questions and responses, and oral closing arguments).
5. USITC Vote Date: Thursday, April 30, 2020.
6. USITC Notification to Commerce Date: Tuesday, May 21, 2020.
U.S. Industry in 2018:
1. Number of U.S. producers: 13.
2. Location of producers’ plants: Alabama, California, Kentucky, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, and Texas.
3. Production and related workers: 3,399.
4. U.S. producers’ U.S. shipments: $1.3 billion.
5. Apparent U.S. consumption: $3.5 billion.
6. Ratio of subject imports to apparent U.S. consumption: 17.6 percent.
U.S. Imports in 2018:
1. Subject imports: $624.4 million.
2. Nonsubject imports: $1.7 billion.
3. Leading import sources: Brazil, China, Italy, Mexico, and Spain.
News Release 20-035
Inv. No(s). 337-TA-1197
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof 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 Gamevice, Inc., of Simi Valley, CA, on March 27, 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 portable gaming console systems with attachable handheld controllers and components thereof II 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:
Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.
By instituting this investigation (337-TA-1197), 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 20-034
Inv. No(s). 731-TA-1446 (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 sodium sulfate anhydrous from Canada that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative.
As a result of the Commission’s negative determination, no antidumping duty order will be issued.
The Commission’s public report Sodium Sulfate Anhydrous from Canada (Inv. No. 731-TA-1446 (Final), USITC Publication 5050, May 2020) will contain the views of the Commission and information developed during the investigation.
The report will be available by May 27, 2020; 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
Sodium Sulfate Anhydrous from Canada
Investigation No. 731-TA-1446 (Final)
Product Description: Sodium sulfate anhydrous (SSA) is a white, granular, crystallized powder with the chemical formula Na2SO4. This salt is primarily used in powder detergent formulations, glassmaking, pulp and paper, and textile dying. The subject merchandise includes SSA whose percentage of particles between 20 mesh and 100 mesh ranges from 10-95 percent and the percentage of particles finer than 100 mesh ranges from 5-90 percent, based on U.S. mesh series screens. The SSA may be of any purity, grade, color, and form of packaging, so long as there is no water of crystallization present. The product may be made either naturally, as a derivative of brines, or synthetically, as part of another chemical process.
Status of Proceeding:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigation.
2. Petitioners: Cooper Natural Resources, Inc., Fort Worth, TX; Elementis Global LLC, East Windsor, NJ; and Searles Valley Minerals, Inc., Overland Park, KS.
3. USITC Initiation Date: Thursday, March 28, 2019.
4. USITC Commission’s Hearing Date: Thursday, March 19, 2020 (virtual hearing, conducted via written submissions).
5. USITC Commission’s Vote Date: Thursday, April 23, 2020.
6. USITC Notification to Commerce Date: Thursday, May 14, 2020.
U.S. Industry in 2018:
1. Number of U.S. producers: 7.
2. Location of producers’ plants: California, New York, North Carolina, Pennsylvania, Tennessee, and Texas.
3. Production and related workers: 132.
4. U.S. producers’ U.S. shipments: $27.6 million.
5. Apparent U.S. consumption: $35.1 million.
6. Ratio of subject imports to apparent U.S. consumption: 10.6 percent.
U.S. Imports in 2018:
1. Subject imports: $5.8 million.
2. Nonsubject imports: $1.7 million.
3. Leading import sources: Canada, China, India, Japan.
News Release 20-033
Inv. No(s). 701-TA-639-642 and 731-TA-1475-1492 (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 common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of Bahrain, Brazil, India, and Turkey.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey, with its preliminary countervailing duty determinations due on or about June 3, 2020, and its antidumping duty determinations due on or about August 17, 2020.
The Commission’s public report Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey (Inv. Nos. 701-TA-639-642 and 731-TA-1475-1492 (Preliminary), USITC Publication 5049, April 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after May 21, 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
Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey
Investigation Nos. 701-TA-639-642 and 731-TA-1475-1492 (Preliminary)
Product Description: Common alloy aluminum sheet (CAAS) is a thin flat-rolled aluminum product. It has a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. CAAS within the scope of these investigations include both not clad and multi-alloy clad aluminum sheet. Not clad aluminum can be produced from a 1XXX, 3XXX, or 5XXX series alloy, while multi-alloy clad CAAS is produced using a 3XXX series alloy core, to which cladding layers are applied to either one or both sides of the core. CAAS in this instance specifically excludes can stock used in the manufacturing of aluminum beverage cans, lids, and tabs for such cans. CAAS is used in applications such as building and construction, electrical, infrastructure, marine, and transportation, among others.
Status of Proceedings:
1. Type of investigations: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Aleris Rolled Products, Inc.; Arconic, Inc.; Constellium Rolled Products Ravenswood, LLC; JW Aluminum Company; Novelis Corporation; and Texarkana Aluminum, Inc.
3. USITC Institution Date: March 9, 2020.
4. USITC Conference Date: March 27 – April 2, 2020.
5. USITC Vote Date: April 22, 2020.
6. USITC Notification to Commerce Date: April 23, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 9 confirmed producers.
2. Location of producers’ plants: Arkansas, Colorado, Illinois, Indiana, Iowa, Kentucky, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
3. Production and related workers: 4,731.
4. U.S. producers’ U.S. shipments: $4.1 billion.
5. Apparent U.S. consumption: $7.4 billion.
6. Ratio of subject imports to apparent U.S. consumption: 30.6 percent by value.
U.S. Imports in 2019:
1. Subject imports: $2.3 billion.
2. Nonsubject imports: $1.1 billion.
3. Leading import sources: Canada, Germany, Bahrain, Oman.
News Release 20-032
Inv. No(s). 731-TA-1474 (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 ultra-high molecular weight polyethylene from Korea that are allegedly sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue with its antidumping duty investigation concerning imports of this product from Korea, with its preliminary antidumping duty determination due on or about August 11, 2020.
The Commission’s public report Ultra-High Molecular Weight Polyethylene from Korea (Inv. No. 731-TA-1474 (Preliminary), USITC Publication 5048, April 2020) will contain the views of the Commission and information developed during the investigation.
The report will be available after May 18, 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
Ultra-High Molecular Weight Polyethylene from Korea
Investigation No. 731-TA-1474 (Preliminary)
Product Description: Ultra-High Molecular Weight Polyethylene (UHMWPE) is an extremely high viscosity, substantially linear polyethylene, typically in the form of a granule or powder. It is defined by its melt mass-flow rate of <0.1 g/10 min, measured at 190°C and 21.6 kg load, and includes blends but excludes medical-grade UHMWPE. UHMWPE has the highest impact strength of the polyethylenes and is used to create fibers that are used in demanding, high strength applications such as ballistic and slash-proof armor, as well as snowboards, skis, cut-resistant gloves, bow strings, climbing equipment, fishing line, spear lines for spear-guns, high performance sails, suspension lines on sport parachutes and paragliders, rigging in yachting, tow lines for boating, kites, and kite lines for kite sports. UHMWPE can be used in a variety of industries, including construction, agriculture, material handling, transportation, textile, pulp and paper, wastewater treatment, food and beverage, mining, marine applications, porous plastics, oil and gas, high performance fibers, and battery separators.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty investigation.
2. Petitioner: Celanese Corporation, TX.
3. USITC Institution Date: Wednesday, March 4, 2020.
4. USITC Conference Date: Tuesday, March 24, 2020.
5. USITC Vote Date: Friday, April 17, 2020.
6. USITC Views to Commerce: Monday, April 27, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Texas.
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: Brazil, Germany, Japan, Korea, and the Netherlands.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-031
Inv. No(s). 332-576
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today instituted an investigation that will identify imported products that may be needed to respond to the COVID-19 pandemic and provide trade-related information for them, including their source countries, tariff classifications, and applicable rates of duty.
The investigation, COVID-19 Related Goods: U.S. Imports and Tariffs, 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 April 7, 2020.
In their request letter, the Committees noted: “On March 20, 2020, the Office of the U.S. Trade Representative (USTR) established a process to receive and consider comments for provisional modifications to tariffs imposed on goods that may assist in the public health and clinical response to the COVID-19 pandemic. In view of the Commission’s knowledge in trade and tariff matters, we ask that the Commission provide a report to the Committees and the USTR that identifies imported goods related to the response to COVID-19, their source countries, tariff classifications, and applicable rates of duty so as to assist the Committees and USTR in proposing or taking appropriate and responsive actions.”
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide the following information for each product it identifies:
- the 10-digit HTS code for the article;
- its legal description;
- general duty rate;
- any special or additional rates of duty imposed on the article, and the dates on which the rates were imposed, and the authorities under which they were imposed;
- whether any such duties have been suspended and, if so, the date of suspension as well how the long suspension is scheduled to last;
- the total rate of duty imposed on such article, including any special or additional rate of duty; and
- the major countries of origin for each such article, and the import value of each such article from each country for the years 2017-2019.
As requested, to the extent practical, the USITC will provide the electronic version of the report in a format that allows the information to be sorted by the fields listed above. It will also include a “plain English” description or examples of products that fall within the identified HTS codes and citations to sources consulted in identifying the products.
The USITC expects to deliver its report to the Committees and the U.S. Trade Representative by April 30, 2020. The USITC will provide updated data runs on its website through June 30, 2020, as requested.
Further information about the investigation can be found in the notice of investigation, dated April 13, 2020, which can be obtained from the USITC Internet site (www.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. 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.
News Release 20-030
Inv. No(s). 337-TA-1196
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain in vitro fertilization 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 EMD Serono, Inc., of Rockland, MA, on March 11, 2020, that was amended and supplemented on March 27, 2020. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain in vitro fertilization products, components thereof, and products containing the same that (i) infringe one or more trademarks asserted by the complainant, (ii) are falsely designated as to source, and (iii) are falsely advertised. 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:
FastIVF c/o Domains by Proxy LLC of Scottsdale, AZ;
Hermes Eczanesi of Istanbul, Turkey; and
General Plastik Drug Stores of Istanbul, Turkey.
By instituting this investigation (337-TA-1196), 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 20-029
Inv. No(s). 701-TA-513 and 731-TA-1249 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that terminating the suspended investigations on imports of sugar from Mexico 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 suspended investigations on imports of this product from Mexico will remain in effect.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randoph J. Stayin, 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 Sugar from Mexico (Inv. Nos. 701-TA-513 and 731-TA-1249 (Review), USITC Publication 5045, April 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 12, 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 Sugar from Mexico were instituted on November 29, 2019.
On March 3, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and 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 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 20-028
Inv. No(s). 701-TA-501 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of chlorinated isocyanurates 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 countervailing duty order on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. Commissioner Jason E. Kearns did not participate in this review.
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 Chlorinated Isocyanurates from China (Inv. No. 701-TA-501 (Review), USITC Publication 5044, April 2020) will contain the views of the Commission and information developed during the review.
The report will be available by May 8, 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 Chlorinated Isocyanurates from China was instituted on October 1, 2019.
On January 6, 2020, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, 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 Jason E. Kearns did not participate in this 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.