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News Release 19-082
Inv. No(s). 731-TA-731-TA-1455-1457 (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 polyethylene terephthalate (PET) sheet from Korea and Oman that are allegedly sold in the United States at less than fair value. The Commission further found that imports of this product from Mexico are negligible and voted to terminate the investigation concerning Mexico.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative with respect to Korea and Oman and made a finding of negligibility with respect to Mexico. Commissioner Randolph J. Stayin voted in the affirmative with respect to all investigations.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping duty investigations concerning imports of this product from Korea and Oman, with its preliminary antidumping duty determinations due on or about January 6, 2020. As a result of the Commission’s finding of negligibility, the investigation concerning imports of this product from Mexico will be terminated.
The Commission’s public report Polyethylene Terephthalate (PET) Sheet from Korea, Mexico, and Oman (Inv. Nos. 731-TA-1455-1457 (Preliminary), USITC Publication 4970, September 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available after October 11, 2019; 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
Polyethylene Terephthalate (PET) Sheet from Korea, Mexico, and Oman
Investigation Nos. 731‐TA‐1455‐1457 (Preliminary)
Product Description: PET of these investigations is a thermoplastic polymer that is manufactured into sheet form. The primary end use is a wide variety of food, beverage and retail packaging. PET sheet is used in the manufacture of products such as food trays and containers (e.g., cake and cookie containers, one‐time use school and hospital trays), carry‐out containers, fruit and vegetable clamshell containers and trays, drinking cups, medical trays, paint tray liners, consumer packaging, and packaging for electro‐static sensitive devices (such as integrated computer circuits). PET sheet covered by these investigations is raw, pretreated, or primed polyethylene terephthalate sheet, whether extruded or coextruded, in nominal thicknesses of equal to or greater than 7 mil (0.007 inches or 177.8 mm) and not exceeding 45 mil (0.045 inches or 1143 mm). The investigations include all PET sheet whether made from prime (virgin) inputs or recycled inputs, as well as any blends thereof. The investigations include all PET sheet meeting the above specifications regardless of width, color, surface treatment, coating, lamination, or other surface finish.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty investigations.
2. Petitioners: Advanced Extrusion, Inc., Rogers, Minnesota; Ex‐Tech Plastics, Inc., Richmond, Illinois; and Multi‐Plastics Extrusions, Inc., Hazleton, Pennsylvania.
3. USITC Institution Date: Tuesday, July 9, 2019.
4. USITC Conference Date: Tuesday, July 30, 2019.
5. USITC Vote Date: Tuesday, September 10, 2019.
6. USITC Views to Commerce: Friday, September 20, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 35.
2. Location of producers’ plants: Pennsylvania, Minnesota, Illinois, Nebraska, Oklahoma, North Carolina, Georgia, California, New York, Texas, Ohio, Wisconsin, Arizona, New Jersey, Washington, Florida, Tennessee, Massachusetts, and Michigan.
3. Production and related workers: 1,467.
4. U.S. producers’ U.S. shipments: $710 million.
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: Oman.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-083
Inv. No(s). 731-TA-1206 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on imports of diffusion-annealed, nickel-plated flat-rolled steel products from Japan 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 these products from Japan will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioners Randolph J. Stayin and Amy A. Karpel did not participate in this vote.
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 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan (Inv. No. 731-TA-1206 (Review), USITC Publication 4971, September 2019) will contain the views of the Commission and information developed during the review.
The report will be available by October 15, 2019; 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 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan was instituted on April 1, 2019.
On July 5, 2019, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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.
News Release 19-081
Inv. No(s). 701-TA-455 and 731-TA-1149 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of circular welded carbon quality steel line pipe 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 determinations, the existing antidumping and countervailing duty orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioners Randolph J. Stayin and Amy A. Karpel did not participate in these votes.
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 Circular Welded Carbon Quality Steel Line Pipe from China (Inv. Nos. 701-TA-455 and 731-TA-1149 (Second Review), USITC Publication 4955, September 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 10, 2019; 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 Circular Welded Carbon Quality Steel Line Pipe from China were instituted on April 1, 2019.
On July 5, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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.
Inv. No(s). 337-TA-1172
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain filament light emitting diodes 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 The Regents of the University of California of Oakland, CA, on July 30, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain filament light emitting diodes and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Amazon.com, Inc., of Seattle, WA;
Amazon.com Services, Inc., of Seattle, WA;
Bed Bath & Beyond Inc. of Union, NJ;
IKEA of Sweden AB of Amhult, Sweden;
IKEA Supply AG of Pratteln, Switzerland;
IKEA Distribution Services Inc. of Conshohocken, PA;
IKEA North America Services, LLC, of Conshohocken, PA;
Target Corporation of Minneapolis, MN; and
Walmart Inc. of Bentonville, AR.
By instituting this investigation (337-TA-1172), 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 19-079
Contact: Peg O'Laughlin, 202-205-1819
Amy A. Karpel, a Democrat of Washington State, was sworn in today as a Commissioner of the U.S. International Trade Commission (USITC). She was confirmed by the U.S. Senate on August 1, 2019, for the term expiring on June 16, 2023.
Commissioner Karpel comes to the USITC after serving more than 13 years at the Office of the U.S. Trade Representative (USTR), including as Chief Counsel for Negotiations, Legislation and Administrative Law and Director for Environment and Natural Resources. She began her USTR career in 2004 as an Assistant and, later, an Associate General Counsel.
While at USTR, Commissioner Karpel engaged in the negotiation and implementation of U.S. international trade agreements and served as lead counsel in disputes before the World Trade Organization. She handled a range of international trade matters, including with respect to intellectual property, technical barriers to trade, labor and environmental protections, and information communication technology.
Prior to her USTR service, Commissioner Karpel was an associate attorney at the law firm of Stewart and Stewart in Washington, DC, where she represented clients in antidumping and countervailing duty proceedings.
Commissioner Karpel holds a Bachelor of Arts degree, cum laude, from the University of Washington and a Juris Doctor degree, cum laude, from the Washington College of Law at American University. Originally from Olympia, WA, she resides in Washington, DC, with her husband and daughter.
The USITC is an independent, nonpartisan, factfinding federal agency. The agency investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.
News Release 19-078
Contact: Peg O'Laughlin, 202-205-1819
Randolph J. Stayin, a Republican of Virginia, was sworn in today as a Commissioner of the U.S. International Trade Commission (USITC). He was confirmed by the U.S. Senate on August 1, 2019, for the term expiring on June 16, 2026.
Commissioner Stayin brings to the USITC more than 40 years of litigation, legislative, and regulatory advocacy experience in international trade policy, trade law, and regulatory compliance. As an attorney in private practice, he represented clients in antidumping and countervailing duty proceedings, including investigations, sunset reviews, administrative reviews, scope reviews, and anti-circumvention investigations. In addition, global safeguard investigations under section 201, investigations of unfair trade practices under section 301, section 232 national security investigations, and investigations related to the Generalized System of Preferences were also significant in his practice. He has litigated appeals before the U.S. Court of International Trade, the Court of Appeals for the Federal Circuit, and North American Free Trade Agreement (NAFTA) dispute resolution panels.
Commissioner Stayin is the former Chief of Staff and Director of Legislation to U.S. Senator Robert Taft, Jr., of Ohio. In this role, he led key legislative and political campaigns, advised on proposed legislation and policy implementation, served as the Senator’s lead adviser in negotiating the passage of the Trade Act of 1974, and managed the Senator’s legislative, political, and support staffs on Capitol Hill and in Ohio.
Prior to his confirmation, Commissioner Stayin also maintained a nonprofit trade association consulting practice, advising clients on a range of nonprofit issues, including legislation, policy, trade, contracts, corporation, employment, technical standards, and antitrust matters.
Commissioner Stayin holds a Bachelor of Arts degree from Dartmouth College and a Juris Doctor degree from the University of Cincinnati Law School. He is originally from Cincinnati, Ohio. He resides with his wife, Sharon, in Alexandria, VA, and has three children: Gregory, Todd, and Elizabeth.
The USITC is an independent, nonpartisan, factfinding federal agency. The agency investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.
News Release 19-077
Inv. No(s). 701-TA-627-629 and 731-TA-1458-1461 (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 utility scale wind towers from Canada, Indonesia, Korea, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of Canada, Indonesia, and Vietnam.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioners Irving A. Williamson and Meredith M. Broadbent did not participate in these votes.
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 Canada, Indonesia, Korea, and Vietnam, with its preliminary countervailing duty determinations due on or about October 2, 2019, and its preliminary antidumping duty determinations due on or about December 16, 2019.
The Commission’s public report Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam (Inv. Nos. 701-TA-627-629 and 731-TA-1458-1461 (Preliminary), USITC Publication 4952, August 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 20, 2019; 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
Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam
Investigation Nos. 701-TA-627−629 and 731-TA-1458−1461 (Preliminary)
Product Description: Wind towers, whether or not tapered, and sections thereof, are designed to support the nacelle and rotor blades of a wind turbine with a minimum rated electrical power generation capacity exceeding 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Specifically excluded are (1) nacelles and rotor blades, regardless of whether they are attached to the wind tower; (2) any internal or external components which are not attached to the wind tower or sections thereof, unless those components are shipped with the tower sections; and (3) any products covered by the existing antidumping duty order on wind towers from Vietnam.
Status of Proceedings:
1. Type of investigations: Preliminary countervailing duty and antidumping investigations.
2. Petitioners: Arcosa Wind Towers Inc., Dallas, TX; and Broadwind Towers Inc., Manitowoc, WI.
3. USITC Institution Date: Tuesday, July 9, 2019.
4. USITC Conference Date: Tuesday, July 30, 2019.
5. USITC Vote Date: Thursday, August 22, 2019.
6. USITC Notification to Commerce Date: Friday, August 23, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 6.
2. Locations of producers’ plants: Colorado, Illinois, Iowa, Michigan, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin.
3. Production and related workers: 2,155.
4. U.S. producers’ U.S. shipments: $868 million.
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: $249 million.
2. Nonsubject imports: 1
3. Leading import sources: Canada, Indonesia, Korea, and Vietnam.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-076
Inv. No(s). 701-TA-608 and 731-TA-1420 (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 steel racks 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, and Jason E. Kearns voted in the affirmative. Commissioners Irving A. Williamson and Meredith M. Broadbent did not participate in these votes.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission’s public report Steel Racks from China (Inv. Nos. 701-TA-608 and 731-TA-1420 (Final), USITC Publication 4951, September 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by September 27, 2019; 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
Steel Racks from China
Investigation Nos. 701-TA-608 and 731-TA-1420 (Final)
Product Description: A steel rack, sometimes referred to as a “storage rack,” is a structure consisting of the following hot-rolled or cold-formed steel structural components: (1) vertical columns connected by braces, (2) load-bearing horizontal beams, and (3) locking devices to secure the beams to the columns. Certain types of steel racks may also include movable components, such as rails, wheels, rollers, tracks, channels, carts, or conveyors. Steel racks offer strength and stability for storing heavy loads in readily accessible rack configurations. Hence, they are utilized for short- or long-term holding of products or materials in warehouses, order-fulfillment and distribution centers, big-box retail stores, and manufacturing facilities.
Status of Proceedings:
1. Type of investigations: Final countervailing duty and antidumping investigations.
2. Petitioners: The Coalition for Fair Rack Imports and its members: Bulldog Rack Company, Weirton, WV; Elite Storage Solutions, Monroe, GA; Hannibal Industries Inc., Los Angeles, CA; Husky Rack and Wire, Denver, NC; Ridg-U-Rak Inc., North East, PA; SpaceRAK, a Division of Heartland Steel Products Inc., Marysville, MI; Speedrack Products Group Ltd., Sparta, MI; Steel King Industries Inc., Stevens Point, WI; Tri-Boro Shelving & Partition Corp., Farmville, VA; and UNARCO Material Handling Inc., Springfield, TN.
3. USITC Institution Date: Wednesday, June 20, 2018.
4. USITC Hearing Date: Tuesday, July 16, 2019.
5. USITC Vote Date: Tuesday, August 20, 2019.
6. USITC Notification to Commerce Date: Tuesday, September 3, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 12.
2. Location of producers’ plants: California, Georgia, Illinois, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Wisconsin.
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 2018:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import source: Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-075
Inv. No(s). 337-TA-1175
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor. 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 Reynolds Presto Products Inc. of Lake Forest, IL, July 22, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor 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 a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Dalian Takebishi Packing Industry Co., Ltd. of Dalian, China;
Dalian Altma Industry Co., Ltd., of Dalian, Liaoning, China;
Japan Takebishi Co., Ltd., of Tokyo, Japan;
Takebishi Co., Ltd., of Shiga, Japan;
Shanghai Takebishi Packing Material Co., Ltd., of Shanghai, China; and
Qingdao Takebishi Packing Industry Co., Ltd., of Jimo City, Qingdao, China.
By instituting this investigation (337-TA-1171), 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 19-074
Inv. No(s). 337-TA-1170
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices with multifunction emulators. 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 Dynamics Inc. of Cheswick, PA, on July 12, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices with multifunction emulators that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Samsung Electronics Co., Ltd., of Suwon, Gyeonggi, Republic of Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.
By instituting this investigation (337-TA-1170), 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.