March 31, 2020
News Release 20-017
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Electronic Candle Products and Components Thereof

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 L&L Candle Company LLC of Brea, CA, and Sotera Tschetter, Inc., of St. Paul, MN, on March 2, 2020.  Supplements to the complaint were filed on March 18 and 20, 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 electronic candle products and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.  The USITC has identified the following as respondents in this investigation:

The Gerson Company of Olathe, KS;
Gerson International (H.K.) Ltd. of Kowloon, Hong Kong;
Sterno Home Inc. of Coquitlam, British Columbia, Canada;
Ningbo Huamao International Trading Co., Ltd., of Ningbo City, Zhejiang Province, China;
Ningbo Yinzhou Langsheng Artware Co., Ltd., of Ningbo City, Zhejiang Province, China;
Lifetime Brands, Inc., Garden City, NY;
Scott Brothers Entertainment, Inc., of Las Vegas, NV;
Nantong Ya Tai Candle Arts & Crafts Co., Ltd., of San Gabriel, CA;
NapaStyle, Inc., of Napa, CA;
Veraflame International, Inc., of Vancouver, British Columbia, Canada;
MerchSource, LLC, of Irvine, CA;
Ningbo Mascube Import Export Company of Ningbo City, Zhejiang Province, China;
Decorware International Inc. dba Decorware Inc. of Rancho Cucamonga, CA;
Shenzhen Goldenwell Smart Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Shenzhen Ksperway Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Ningbo Shanhuang Electric Appliance Co. of Ningbo City, Zhejiang Province, China;
Yiwu Shengda Art Co., Ltd., of Yiwu City, Zhejiang Province, China;
Shenzhen Tongfang Optoelectronic Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
TFL Candles of Shenzhen City, Guangdong Province, China;
Guangdong Tongfang Lighting Co., Ltd., of Wan Chai, Hong Kong;
Tongfang Optoelectric Company of Kwun Tong, Hong Kong; and
Virtual Candles Limited of Maidstone, Kent, United Kingdom.

By instituting this investigation (337-TA-1195), 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.

# # #
March 24, 2020
News Release 20-026-COR
Inv. No(s). 701-TA-620 and 731-TA-1445 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Wooden Cabinets and Vanities from China Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of wooden cabinets and vanities 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.

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, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commission’s public report Wooden Cabinets and Vanities from China (Inv. Nos. 701-TA-620 and 731-TA-1445 (Final), USITC Publication 5042, April 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by April 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

Wooden Cabinets and Vanities from China
Investigation Nos. 701-TA-620 and 731-TA-1445 (Final)

Product Description:  Wooden cabinets and vanities ("WCVs") are wood‐constructed products used for permanently installed cabinetry that are usually found in the kitchen (in the case of cabinets) or the bathroom (in the case of vanities). WCVs have physical characteristics applicable to the intended use for storage and easy access of various household items. WCVs may be sold in a fully assembled form, where the product is ready for installation, or in a "flat pack" or "ready to assemble" ("RTA") form, which contains most or all of the items required to assemble a cabinet or vanity into its completed form. WCVs are manufactured wholly or in part from wood products, including natural wood and engineered wood products. In addition to the wood components, these products may contain certain quantities of non‐wood material such as glass, vinyl, plastics, and metal.

Status of Proceedings:

1.   Type of investigation:  Final phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  American Kitchen Cabinet Alliance, Reston, VA.
3.   USITC Institution Date:  Wednesday, March 6, 2019.
4.   USITC Hearing Date:  Thursday, February 20, 2020.
5.   USITC Vote Date:  Tuesday, March 24, 2020.
6.   USITC Notification to Commerce Date:  Monday, April 13, 2020. [CORRECTED]

U.S. Industry in 2018:

1.   Number of U.S. producers:  49.
2.   Location of producers’ plants:  Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, and Wisconsin.
3.   Production and related workers:  35,459.
4.   U.S. producers’ U.S. shipments:  $7.2 billion.
5.   Apparent U.S. consumption:  1
6.   Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2018:

1.   Subject imports:  [1]
2.   Nonsubject imports:  1
3.   Leading import sources:  China.

 

[1] Withheld to avoid disclosure of business proprietary information.

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March 19, 2020
News Release 20-025
Inv. No(s). 337-TA-1194
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain High-DensityFiber Optic Equipment and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain high-density fiber optic equipment and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Corning Optical Communications LLC of Charlotte, NC, on February 21, 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 high-density fiber optic equipment 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:

AFL Telecommunications Holdings LLC d/b/a AFL of Duncan, SC;
FS.com Inc. of New Castle, DE;
Huber+Suhner AG of Herisau, Switzerland;
Huber + Suhner, Inc., of Charlotte, NC;
Legrand North America, LLC, of West Hartford, CT;
Leviton Manufacturing Co., Inc., of Melville, NY;
Panduit Corporation of Tinley, IL;
Shanghai TARLUZ Telecom Tech. Co., Ltd., d/b/a TARLUZ, of Shanghai, China;
Shenzhen Anfkom Telecom Co., Ltd., d/b/a Anfkom Telecom of Shenzhen, China;
The LAN Wirewerks Research Laboratories Inc. d/b/a Wirewerks of Quebec, Canada;
The Siemon Company of Watertown, CT;
Total Cable Solutions, Inc., of Springboro, OH; and
Wulei Technology Co., Ltd., d/b/a Bonelinks, of Shenzhen, China.

By instituting this investigation (337-TA-1194), 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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March 19, 2020
News Release 20-024
Inv. No(s). 701-TA-618-619 and 731-TA-1441-1442 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Carbon and Alloy Steel Threaded Rod from China and India Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of carbon and alloy steel threaded rod from China and India that the U.S. Department of Commerce (Commerce) has determined are subsidized and 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 determinations, Commerce will issue antidumping and countervailing duty orders on imports of carbon and alloy steel threaded rod from China and India.

The Commission’s public report Carbon and Alloy Steel Threaded Rod from China and India (Inv. Nos. 701-TA-618-619 and 731-TA-1441-1442 (Final), USITC Publication 5040, April 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by April 24, 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

Carbon and Alloy Steel Threaded Rod from China and India
Investigation Nos. 701-TA-618-619 and 731-TA-1441-1442 (Final)

Product Description:  Threaded rod is generally threaded along its entire length and is produced from low carbon, medium carbon, or alloy steel wire rod or bar. It is used primarily in commercial (non-residential) construction to suspend electrical conduits; pipes for plumbing; heating, ventilation, and air-conditioning (HVAC) ductwork; and sprinkler systems for fire protection, among other applications. Threaded rod can also be used as a headless screw in general fastener applications or for bolting together pipe joints.

Status of Proceedings:

1.   Type of investigation:  Final phase antidumping and countervailing duty investigations.
2.   Petitioner:  Vulcan Threaded Products, Inc., Pelham, AL.
3.   USITC Institution Date:  Thursday, February 21, 2019.
4.   USITC Hearing Date:  Tuesday, October 15, 2019.
5.   USITC Vote Date:  Friday, March 19, 2020.
6.   USITC Notification to Commerce Date:  Friday, April 3, 2020.

U.S. Industry in 2018:

1.   Number of U.S. producers:  10.
2.   Location of producers’ plants:  Alabama, California, Colorado, Indiana, Louisiana, Ohio, Pennsylvania, and Texas.
3.   Production and related workers:  330.
4.   U.S. producers’ U.S. shipments:  $122.6 million.
5.   Apparent U.S. consumption:  $443.9 million.
6.   Ratio of subject imports to apparent U.S. consumption:  48.8 percent.

U.S. Imports in 2018:

1.   Subject imports:  $216.5 million.
2.   Nonsubject imports:  $104.7 million.
3.   Leading import sources:  China, India, Taiwan, and Thailand.

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March 19, 2020
News Release 20-023
Inv. No(s). 701-TA-638 and 731-TA-1473 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigation Concerning Corrosion Inhibitors from China

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 corrosion inhibitors from China that are allegedly subsidized and 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 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 April 30, 2020, and its preliminary antidumping duty determination due on or about July 14, 2020.

The Commission’s public report Corrosion Inhibitors from China (Inv. Nos. 701-TA-638 and 731-TA-1473 (Preliminary), USITC Publication 5039, March 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after April 20, 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, 20436

FACTUAL HIGHLIGHTS

Corrosion Inhibitors from China
Investigation Nos. 701-TA-638 and 731‐TA‐1473 (Preliminary)

Product Description:  Corrosion inhibitors covered in these investigations are used to protect elements and metal alloys, including copper, copper alloys, zinc, cobalt, silver, aluminum, and steel from corrosion, a natural process that converts a refined metal into a more chemically stable form (e.g., an oxide, hydroxide, or sulfide). Specifically, the scope includes tolyltriazole and benzotriazole of all grades and forms, including the sodium salt forms. Included are mixtures of tolyltriazole, benzotriazole, and their salt forms amongst themselves or with other products, provided that the tolyltriazole and benzotriazole comprise at least 5 percent of the mixture on a dry weight basis. The products are typically used for corrosion protection in a variety of applications, such as industrial water treatment, automotive fluids, metalworking fluids, aircraft and runway de-icers, lubricants, direct treatment, cleaners, circuit boards, inks, and coatings.    

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty and countervailing duty investigations.
2.   Petitioner:  Wincom, Inc., Ohio.
3.   USITC Institution Date:  Wednesday, February 5, 2020.
4.   USITC Conference Date:  Wednesday, February 26, 2020.
5.   USITC Vote Date:  Thursday, March 19, 2020.
6.   USITC Views to Commerce:  Monday, March 30, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  3.
2.   Location of producers’ plants:  South Carolina, Texas and Ohio.
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.

# # #
March 17, 2020
News Release 20-022
Inv. No(s). 731-TA-1435-1436 and 1439 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Acetone from Belgium, Korea, and South Africa Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of acetone from Belgium, Korea, and South Africa 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 affirmative.

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Belgium, Korea, and South Africa.

The Commission’s public report Acetone from Belgium, Korea, and South Africa (Inv. Nos. 731-TA-1435-1436 and 1439 (Final), USITC Publication 5038, March 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by April 20, 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

Acetone from Belgium, Korea, and South Africa
Investigation Nos. 731-TA-1435-1436, 1439 (Final)

Product Description:  Acetone, also known as dimethyl ketone, propan-2-one, or 2-propanone, among other names, is an organic chemical with the formula (CH3)2CO. The Chemical Abstracts Service (CAS) registry number for acetone is 67–64–1. Commercial production of acetone uses traditional chemical synthesis. Available in various grades, acetone is used both as a chemical intermediate in the production of other chemicals (e.g., plastics and pharmaceuticals) and as a solvent. Acetone is a clear colorless liquid with a sweet odor.

Status of Proceedings:

1.   Type of investigations:  Final phase antidumping duty.
2.   Petitioners:  AdvanSix Inc., Parsippany, NJ; Altivia Petrochemicals, LLC, Haverhill, OH; and Olin Corporation, Clayton, MO.
3.   USITC Institution Date:  Tuesday, February 19, 2019.
4.   USITC Hearing Date:  Monday, October 21, 2019.
5.   USITC Vote Date: Tuesday, March 17, 2020.
6.   USITC Notification to Commerce Date:  March 30, 2020.

U.S. Industry in 2018:

1.   Number of U.S. producers:  8.
2.   Location of producers’ plants:  Alabama, Indiana, New Jersey, Ohio, Pennsylvania, Texas, and West Virginia.
3.   Production and related workers: 608.
4.   U.S. producers’ U.S. shipments: $1.0 billion.
5.   Apparent U.S. consumption: $1.2 billion.
6.   Ratio of subject imports to apparent consumption from Belgium, Korea, and South Africa (percent): 12.4.

U.S. Imports in 2018:

1.   U.S. imports from Belgium, Korea, and South Africa: $148.7 million.
2.   U.S. imports from Singapore and Spain: $28.2 million.
3.   U.S. imports from all other sources: $11.1 million.
4.   Leading import sources: Belgium, Korea, Singapore, South Africa, and Spain.

# # #
March 9, 2020
News Release 20-020
Inv. No(s). 337-TA-1192
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Nicotine Pouches and Components Thereof and Methods of Making the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nicotine pouches and components thereof and methods of making 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 NYZ AB of Stockholm, Sweden; Swedish Match North America, LLC, of Richmond, VA; Pinkerton Tobacco Co., LP, of Owensboro, KY; and wm17 holding GmbH of Baar, Switzerland, on February 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 nicotine pouches and components thereof and methods of making the same 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:

The Art Factory AB of Helsingborg, Sweden;
Kretek International, Inc., of Moorpark, CA; and
DRYFT Sciences, LLC, of Moorpark, CA.

By instituting this investigation (337-TA-1192), 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.

# # #
March 6, 2020
News Release 20-019
Inv. No(s). TA-201-075 (Modification)
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases Report on the Effect of Increasing the Tariff-Rate Quota on Imports of Crystalline Silicon Photovoltaic Cells

The U.S. International Trade Commission (USITC) today released its report on the probable economic effect on the U.S. industry producing crystalline silicon photovoltaic (CSPV) cells and modules of modifying the safeguard remedy imposed by the President in 2018 on imports of these products.

The report, Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure, was requested by the U.S. Trade Representative (USTR) on December 6, 2019. 

The USTR asked the USITC to provide its advice on the probable economic effect on the domestic CSPV cell and module manufacturing industry of modifying the safeguard remedy imposed on imports of these products by the President following a USITC global safeguard investigation concerning them.

Specifically, the USTR requested that the Commission analyze the effect of increasing the level of the tariff-rate quota applicable to imports of CSPV cells from the current 2.5 gigawatts (GW) to 4, 5, or 6 GW, without other changes to the remedy.  The original remedy imposed, which took effect on February 7, 2018, was (a) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products and (b) an increase in duties on imports of CSPV modules for a period of four years.  See Proclamation 9693 of January 23, 2018.

Under section 204(a)(4) of the Trade Act of 1974, the Commission, upon request of the President, is required to advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of safeguard measures imposed by the President under the Act. 

Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure (Inv. No. TA-201-075 (Modification), USITC Publication 5032, March 2020) is available at https://www.usitc.gov/publications/other/pub5032.pdf.

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March 5, 2020
News Release 20-018
Inv. No(s). 731-TA-1472 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigation Concerning Difluoromethane (R-32) from China

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 difluoromethane (R-32) from China 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 China, with its preliminary antidumping duty determination due on or about July 2, 2020.

The Commission’s public report Difluoromethane (R-32) from China (Inv. No. 731-TA-1472 (Preliminary), USITC Publication 5036, March 2020) will contain the views of the Commission and information developed during the investigation.

The report will be available after April 6, 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

Difluoromethane from China
Investigation No. 731‐TA‐1472 (Preliminary) 

Product Description:  R-32 is a hydrofluorocarbon (HFC), a colorless, odorless, gaseous chemical that is primarily used as a component in HFC blends. Once blended, these gases are used for various residential and commercial refrigerant and cooling applications. Apart from ‘R-32’, difluoromethane has other names, including HFC-32, FC-32, Freon-32, methylene difluoride, methylene fluoride, carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. Compared to other HFC components, R-32 has a low global warming potential, no ozone depletion potential, and is a low-to-medium temperature refrigerant.

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty investigation.
2.   Petitioner:  Arkema, Inc., PA.
3.   USITC Institution Date:  Thursday, January 23, 2020.
4.   USITC Conference Date:  Thursday, February 13, 2020.
5.   USITC Vote Date:  Thursday, March 5, 2020.
6.   USITC Views to Commerce:  Monday, March 16, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  1.
2.   Location of producer’s plants:  Kentucky.
3.   Production and related workers: [1]
4.   U.S. producers’ U.S. shipments: 1
5.   Apparent U.S. consumption:  1
6.   Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2019:

1.   Subject imports:  1
2.   Nonsubject imports:  1
3.   Leading import sources:  China.


[1] Withheld to avoid disclosure of business proprietary information.

# # #
March 4, 2020
News Release 20-017
Inv. No(s). 731-TA-1143 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review concerning Small Diameter Graphite Electrodes from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of small diameter graphite electrodes 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 antidumping duty order on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph 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 this five-year (sunset) review.

The Commission’s public report Small Diameter Graphite Electrodes from China (Inv. No. 731-TA-1143 (Second Review), USITC Publication 5035, March 2020) will contain the views of the Commission and information developed during the review.

The report will be available by April 13, 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 Small Diameter Graphite Electrodes from China was instituted on May 1, 2019.

On August 5, 2019, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, and Jason E. Kearns concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.  Commissioner Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s vote to conduct a full 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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