U.S. International Trade Commission

August 29, 2022
News Release 22-092
Inv. No(s). 337-TA-1327
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain solar power optimizers, inverters, 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 Ampt, LLC of Fort Collins, CO on July 28, 2022.  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 solar power optimizers, inverters, and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

SolarEdge Technologies, Inc. of Milpitas, CA; and
SolarEdge Technologies, Ltd. of Herzliya, Israel.

By instituting this investigation (337-TA-1327), 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.

August 29, 2022
News Release 22-091
Inv. No(s). 337-TA-1326
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain robotic pool cleaners 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 Zodiac Pool Systems LLC of Carlsbad, CA and Zodiac Pool Care Europe of Belberaud, France on July 29, 2022.  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 robotic pool cleaners 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 the respondents this investigation:

Wybotics Co. Ltd. d/b/a Winny Pool Cleaner, f/k/a Tianjin Wangyuan Environmental Protection and Technology Co., Ltd. of Tianjin, China;
Tianjin Pool & Spa Corporation, Commerce, CA;
Shenzhen Aiper Intelligent Col, Ltd. of Shenzhen, Guangdong, China;
Aiper Intelligent, LLC of Roswell, GA; and
Aiper, Inc. of Los Angeles, CA.

By instituting this investigation (337-TA-1326), 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.

August 22, 2022
News Release 22-090
Inv. No(s). 337-TA-1325
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain soft projectile launching devices, components thereof, ammunition, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Hasbro, Inc, of Pawtucket, RI and Spin Master, Inc. of Los Angeles, CA on July 21, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain soft projectile launching devices, components thereof, ammunition, and products containing same 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 the respondents this investigation:

Shenzhen Yi Jin Electronics Science of Shenzhen City, Guangdong Province, China;
Guangdong Yu Lee Technology Corporation of Dongguan City, Guangdong Province, China;
Yu Lee Company Ltd. of Tsuen Wan, Hong Kong;
Gel Blaster, Inc. f/k/a Gel Blaster, LLC, Austin, TX;
S-Beam Precision Products Ltd. of Zhongshan City, Guangdong Province, China;
Splat-R-Ball, LLC, of Rogers, AR;
Daisy Manufacturing Company of Rogers, AR;
Prime Time Toys Ltd. of Kwun Tong, Hong Kong;
Prime Time Toys LLC of Pompton Lakes, NJ; and
Easebon Services Ltd. of Kwun Tong, Hong Kong.

By instituting this investigation (337-TA-1325), 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.

August 16, 2022
News Release 22-087
Inv. No(s). 731-TA-718 (Fifth Review)
Contact: Jennifer Andberg, 202-205-1819

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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 Glycine from China was instituted on January 3, 2022.

On April 8, 2022, the Commission voted to conduct an expedited review. 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 an expedited 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.

August 4, 2022
News Release 22-085
Inv. No(s). 332-592
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) is seeking input for a new factfinding investigation on the USMCA automotive rules of origin (ROOs) and their impact on the U.S. economy, their effect on the competitiveness of U.S. automotive production and trade, and their relevancy in light of technology changes.

The Commission instituted the investigation, USMCA Automotive Rules of Origin: Economic Impact and Operation, 2023 Report (Inv. No. 332-592), for the purpose of preparing the first of five reports for the President and the House Committee on Ways and Means and Senate Committee on Finance as required by section 202A(g)(2) of the United States-Mexico-Canada Agreement Implementation Act.

As required, the USITC, an independent, nonpartisan, factfinding federal agency, will examine the USMCA automotive ROOs and their impact on the United States in an investigation and produce a report. The report will provide information on:

1. the economic impact of the USMCA automotive ROOs on U.S. gross domestic product, trade, employment, and consumers, as well as the economic impact on production, investment, capacity, revenues, wages, and employment in U.S. automotive industries;
2. the operation of the USMCA automotive ROOs and their effect on the competitiveness of U.S. automotive production and trade;
3. the relevancy of the USMCA automotive ROOs in light of recent technology changes in the United States; and
4. other matters the Commission considers relevant to the economic impact of the USMCA automotive ROOs.

The USITC expects to submit its first report to the President and the appropriate Congressional committees no later than Friday, June 30, 2023. The Commission is directed to submit reports on the USMCA automotive ROOs every two years thereafter until 2031.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on November 3, 2022. Information about how to participate in the hearing will be posted on the Commission’s website no later than September 26, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on September 30, 2022, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary to the Commission and should be submitted no later than 5:15 p.m. on November 24, 2022. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated August 4, 2022, which can be  downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. 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.

July 27, 2022
News Release 22-082
Inv. No(s). 701-TA-680
Contact: Jennifer Andberg, 202-205-1819

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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Sodium Nitrite from Russia

Investigation No. 701-TA-680 (Final)

Product Description:  Sodium nitrite (NaNO₂, CAS registry number 7632-00-0) is an industrial chemical sold in solid or liquid form. Sodium nitrite is used in a wide range of industrial applications, including corrosion inhibition, detinning scrap tinplate, phosphating metals, and organic syntheses, notably the production of organic amines. Additional applications include the production of dyes and synthetic rubber, preservation of cured meat, and control of odor and inhibition of bacterial growth in wastewater treatment. It also serves in heat treating salts to harden metals, as an antidote to cyanide poisoning, and in military applications, including ammunition and explosives. These investigations cover sodium nitrite in any form, at any purity level.

 

Status of Proceedings:

1. Type of investigation:  Final countervailing duty investigation.

2. Petitioner:  Chemtrade Chemicals US LLC, Parsippany, New Jersey

3. USITC Institution Date:  Thursday, January 13, 2022.

4. USITC Hearing Date:  Tuesday, June 21, 2022.

5. USITC Vote Date:  Wednesday, July 27, 2022 (Russia countervailing duty).

6. USITC Notification to Commerce Date:  Monday, August 15, 2022 (Russia countervailing duty).

 

U.S. Industry in 2021:

1. Number of U.S. producers:  2.

2. Location of petitioner’s plant:  New York

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 2021:

1. Subject imports:  $6.7 million.

2. Nonsubject imports:  $40 thousand.

3. Leading import sources:  India and Russia.

July 26, 2022
News Release 22-081
Inv. No(s). 731-TA-825-826
Contact: Jennifer Andberg, 202-205-1819

 

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 Polyester Staple Fiber from South Korea and Taiwan was instituted on January 3, 2022.

On April 8, 2022, 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 responses were inadequate.  Chairman Johanson voted for full reviews, and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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.

 

July 20, 2022
News Release 22-079
Inv. No(s). 701-TA-540-543 and 731-TA-1283-1287 and 1290
Contact: Laura Bloodgood, 202-934-5625

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of cold-rolled steel flat products from China, India, Japan, South Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, and that revoking the existing antidumping and countervailing duty orders on imports of cold-rolled steel flat products from Brazil would not 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 this product from China, India, Japan, South Korea, and the United Kingdom will remain in place. As a result of the Commission’s negative determinations, the existing orders on imports of these products from Brazil will be ended.

For the reviews of imports from China, India, Japan, South Korea, and the United Kingdom, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. For the reviews of imports from Brazil, Chairman David S. Johanson and Commissioners Jason E. Kearns and Amy A. Karpel voted in the negative. Commissioners Rhonda K. Schmidtlein and Randolph J. Stayin 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 Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom (Inv. Nos. 701-TA-540-543 and 731-TA-1283-1287 and 1290 (First Review), USITC Publication 5339, August 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by August 17, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.  

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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 Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom was instituted on June 1, 2021.

On September 7, 2021, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that for the reviews concerning China, India, and South Korea, the domestic group response was adequate and the respondent group responses were inadequate and voted for full reviews. For the reviews concerning Brazil, Japan, and the United Kingdom, 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 responses were adequate and voted for full reviews.

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.

July 13, 2022
News Release 22-076
Inv. No(s). 701-TA-534-537 and 731-TA-1274-1278 (First Review) (Full)
Contact: Jennifer Andberg, 202-205-1819

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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 Corrosion-Resistant Steel Products from China, India, Italy, South Korea, and Taiwan was instituted on June 1, 2021.

On September 7, 2021, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that for the reviews concerning China, India, Italy, and South Korea, the domestic group response was adequate and the respondent group responses were inadequate and voted for full reviews. For the review concerning Taiwan, 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 responses were adequate and voted for full reviews.

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.

July 11, 2022
News Release 22-75
Inv. No(s). 731 TA-1567-1569 (Final)
Contact: Jennifer Andberg, 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 Acrylonitrile-Butadiene Rubber from France, Mexico, and South Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Acrylonitrile-Butadiene Rubber from France, Mexico, and South Korea
Investigation Nos. 731 TA-1567-1569 (Final)

Product Description: 

The product covered by these investigations is commonly referred to as acrylonitrile butadiene rubber or nitrile rubber, a synthetic rubber produced by the emulsion polymerization of butadiene and acrylonitrile with or without the incorporation of a third component selected from methacrylic acid or isoprene. Coverage includes the product in solid or non-aqueous liquid form and includes carboxylated acrylonitrile butadiene rubber. The product is sold to customers who use it in downstream production of various products. It is most used in applications where a moderate level of heat and oil or fuel resistance is required, such as applications in the industrial hose, automotive, and the oil and gas industries. Downstream product applications include, but are not limited to, hoses, air ducts, oil and gas components, construction insulation, adhesives, mats, wires and cables, and seals for automotive and industrial use.

Status of Proceedings:

1. Type of investigation:  Final antidumping duty investigations.
2. Petitioners:  Zeon Chemicals L.P., Louisville, KY; Zeon GP, LLC, Louisville, KY (collectively "Zeon").
3. USITC Institution Date:  Wednesday, June 30, 2021.
4. USITC Hearing Date:  Wednesday, June 1, 2022.
5. USITC Vote Date:  Monday, July 11, 2022.
6. USITC Notification to Commerce Date:  Monday, August 1, 2022.

U.S. Industry in 2021:

1. Number of U.S. producers:  1.
2. Location of producer’s plant:  Kentucky.
3. Production and related workers: [1]
4. U.S. producer’s U.S. shipments: ¹
5. Apparent U.S. consumption:  $165.1 million.
6. Ratio of subject imports to apparent U.S. consumption:  54.4 percent.

 U.S. Imports in 2021:

1. Subject imports:  $89.8 million.
2. Nonsubject imports:  ¹
3. Leading import sources:  France, Japan, Mexico, and South Korea.

    

    

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