News Release 19-050
Inv. No(s). 701-TA-623 and 731-TA-1449 (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 vertical metal file cabinets from China that are allegedly subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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 July 24, 2019, and its preliminary antidumping duty determination due on or about October 2, 2019.
The Commission’s public report Vertical Metal File Cabinets from China (Inv. Nos. 701-TA-623 and 731-TA-1449 (Preliminary), USITC Publication 4914, June 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available after July 12, 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
Vertical Metal File Cabinets from China
Investigation Nos. 701-TA-623 and 731-TA-1449 (Preliminary)
Product Description: Vertical metal file cabinets (VMFCs) are freestanding units of carbon and/or alloy steel and/or other metals, being 25 inches or less in width, and containing at least two extendable file drawers that are tall enough to store hanging files for either letter- or legal-sized sized documents. Surfaces of VMFCs can be painted, galvanized, or coated for corrosion protection or aesthetic appearance. Additional features can include: (1) one or more extendable non-file-sized (e.g., box or pencil) drawers; (2) a non-extendable (e.g., a cubby) storage area; or (3) mobility elements (e.g., casters, wheels, or a dolly). The subject merchandise can be imported either fully assembled or unassembled as a ready-to-assemble kit. Excluded from the scope of these investigations are: (1) lateral metal file cabinets, with a width exceeding 25 inches that is greater than the body depth; (2) pedestal file cabinets, with body depths that are greater than or equal to their width, are less than 21 inches tall, and are designed to be either freestanding or attached to or hung beneath a desktop or other work surface; and (3) fire-proof or fire-resistant file cabinets.
Status of Proceedings:
1. Type of investigations: Preliminary phase countervailing duty and antidumping investigations.
2. Petitioners: Hirsh Industries LLC, Des Moines, IA.
3. USITC Institution Date: Tuesday, April 30, 2019.
4. USITC Conference Date: Tuesday, May 21, 2019.
5. USITC Vote Date: Thursday, June 13, 2019.
6. USITC Notification to Commerce Date: Friday, June 14, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 5.
2. Location of producers’ plants: Delaware, Georgia, Illinois, Tennessee, 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 sources: China and Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-049
Inv. No(s). 337-TA-1161
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food processing equipment and packaging materials thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a second amended complaint filed by 3-A Sanitary Standards, Inc., of McLean, VA, on June 3, 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 food processing equipment and packaging materials thereof by reason of false advertising and unfair competition under Section 43(a) of the Lanham Act. 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:
Wenzhou QiMing Stainless Co., Ltd. of Wenzhou, Zhejiang, China;
High MPa Valve Manufacturing Co., Ltd., of Wenzhou, Zhejiang, China;
Wenzhou Sinco Steel Co., Ltd., of Wenzhou, China;
Wenzhou Kasin Valve Pipe Fitting Co., Ltd., of Wenzhou, China; and
Wenzhou Fuchuang Machinery Co., Ltd., Wenzhou, Zhejiang, China.
By instituting this investigation (337-TA-1161), 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 19-048
Inv. No(s). 701-TA-606 and 731-TA-1416 (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 quartz surface products 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 Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
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 also made a negative finding concerning critical circumstances with regard to imports of these products from China. As a result, imports of quartz surface products from China will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Quartz Surface Products from China (Inv. Nos. 701-TA-606 and 731-TA-1416 (Final), USITC Publication 4913, June 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 18, 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
Quartz Surface Products from China
Investigation Nos. 701-TA-606 and 731-TA-1416 (Final)
Product Description: Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite), resin binder (e.g., an unsaturated polyester), and other materials, including, but not limited to, pigments, cement, or other additives. In addition to slabs, the scope of these investigations includes, but is not limited to, other surfaces such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fire place surrounds, mantels, and tiles. Quartz surface products are covered by these investigations whether or not polished, cut, fabricated, cured, edged, finished, thermalformed, packaged, and regardless of the type of surface finish.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Cambria Company LLC, Eden Prairie, MN.
3. USITC Institution Date: Tuesday, April 17, 2018.
4. USITC Hearing Date: Thursday, May 9, 2019.
5. USITC Vote Date: Tuesday, June 11, 2019.
6. USITC Notification to Commerce Date: Monday, July 8, 2019.
U.S. Industry in 2017:
1. Number of U.S. producers: 3.[1]
2. Location of producers’ plants: Minnesota, Georgia, Florida, and Tennessee.1
3. Production and related workers: [2]
4. U.S. producers’ U.S. shipments: 2
5. Apparent U.S. consumption: 2
6. Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2017:
1. Subject imports: $547.6 million.
2. Nonsubject imports: $553.1 million.
3. Leading import sources: China, Spain, Israel, and Canada.
[1] The information pertains only to quartz slab producers. The domestic industry also includes a large number of fabricators of varying sizes.
[2] Withheld to avoid disclosure of business proprietary information.
News Release 19-046
Inv. No(s). 332-572
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).
The investigation, Generalized System of Preferences: Possible Modifications, 2018 Review, was requested by the U.S. Trade Representative (USTR) in a letter received on June 4, 2019.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the removal from eligibility of two HTS subheadings for certain GSP countries.
The removals in consideration are:
- 3907.61.00 (Polyethylene terephthalate, having a viscosity number of 78 ml/g or higher) from Pakistan,
- 3907.69.00 (Polyethylene terephthalate, having a viscosity number less than 78 ml/g) from Pakistan.
The USTR also requested that the USITC provide advice on whether any industry in the United States is likely to be adversely affected by competitive need limitation waivers for two HTS subheadings for certain GSP countries and advice as to the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers. The USITC will also provide advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. "Competitive need limitations" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the USITC, as requested, will use the dollar value limit of $185 million. The HTS subheadings in consideration are:
- 3823.11.00 (Stearic acid) from Indonesia,
- 9001.50.00 (Spectacle lenses of materials other than glass, unmounted) from Thailand.
Finally, the USTR requested that the USITC provide advice as to the probable economic effect on U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the redesignation of four HTS subheadings for certain GSP countries. The USITC will also provide advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. The HTS subheading in consideration is:
- 0603.13.00 (Orchids, fresh cut) from Thailand,
- 4412.10.05 (Plywood, veneered panels and similar laminated wood, of bamboo) from Indonesia,
- 4412.31.4155 (Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with face ply nesoi, not surface covered beyond clear/transparent) from Indonesia.
- 4418.73.40 (Assembled flooring panels of bamboo, other than for mosaic, multilayer, having a face ply more than 6mm in thickness) from Indonesia.
The USITC will submit its confidential report to USTR by September 7, 2019. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.
The USITC is seeking input for this investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on July 2, 2019. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on June 18, 2019, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on July 8, 2019. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated June 7, 2019. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.
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 fact finding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General fact finding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 19-044
Inv. No(s). 337-TA-1159
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes 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 LG Chem, Ltd. of Seoul, South Korea, and LG Chem Michigan, Inc. of Holland, MI, on April 29, 2019. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes therefor that misappropriate trade secrets 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:
SK Innovation Co., Ltd., of Seoul, Republic of Korea; and
SK Battery America, Inc., of Atlanta, GA.
By instituting this investigation (337-TA-1159), 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 19-043
Inv. No(s). 701-TA-447 and 731-TA-1116 (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 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 Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioner Meredith M. Broadbent did not participate in these reviews.
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 Pipe from China (Inv. Nos. 701-TA-447 and 731-TA-1116 (Second Review), USITC Publication 4901, June 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by July 5, 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 Pipe from China were instituted on November 5, 2018.
On March 11, 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 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 19-042
Inv. No(s). 701-TA-603-604 and 731-TA-1413-1414 (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 glycine from India and Japan that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and imports that are subsidized by the governments of China and India.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from India and Japan and countervailing duty orders on imports of this product from China and India.
The Commission’s public report Glycine from China, India, and Japan (Inv. Nos. 701-TA-603-604 and 731-TA-1413-1414 (Final), USITC Publication 4900, June 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 5, 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
Glycine from China, India, and Japan
Investigation Nos. 701-TA-603-604 and 731-TA-1413-1414 (Final)
Product Description: Glycine, also known as aminoacetic acid, is a nonessential amino acid (Chemical Abstracts Service registry number 56-40-6). The organic chemical is produced naturally by humans and other organisms as a building block for proteins. Commercial production of glycine uses traditional chemical synthesis. Glycine is most commonly sold in its dry form as a white, free flowing powder. Glycine is odorless and sweet to the taste. Available in various grades, glycine is used in industrial applications, as well as pharmaceutical and food applications.
Status of Proceedings:
1. Type of investigations: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Chattem and GEO.
3. USITC Institution Date: Wednesday, March 28, 2018.
4. USITC Hearing Date: Tuesday, April 30, 2019.
5. USITC Vote Date: Wednesday, May 29, 2019.
6. USITC Notification to Commerce Date: Friday, June 14, 2019.
U.S. Industry in 2017:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Tennessee and Texas.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of imports from China, India, and Japan to apparent U.S. consumption: 1
U.S. Imports in 2017:
1. U.S. imports from China, India, and Japan: $18.6 million.
2. U.S. imports from Thailand: $4.6 million.
3. U.S. imports from all other sources: $480,000.
4. Leading import sources: China, India, Japan, and Thailand.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-041
Inv. No(s). 701-TA-621 and 731-TA-1447 (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 ceramic tile from China that are allegedly subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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 July 5, 2019, and its preliminary antidumping duty determination due on or about September 17, 2019.
The Commission’s public report Ceramic Tile from China (Inv. Nos. 701-TA-621 and 731-TA-1447 (Preliminary), USITC Publication 4898, June 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 25, 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
Ceramic Tile from China
Investigation Nos. 701-TA-621 and 731-TA-1447 (Preliminary)
Product Description: Ceramic tile (e.g., ceramic flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, flags, finishing tile, etc.) that is fired so the raw materials are fused to produce a finished product that is less than 3.2 cm thick. All ceramic tile is subject to the scope regardless of end use, surface area, and weight; whether glazed or unglazed; regardless of the water absorption coefficient by weight; regardless of the extent of vitrification; and whether or not the tile is on a backing. Ceramic tile may include decorative features that may in spots exceed 3.2 cm in thickness. 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.
Status of Proceedings:
1. Type of investigations: Preliminary phase countervailing duty and antidumping investigations.
2. Petitioners: American Wonder Porcelain, Lebanon, Tennessee; Crossville Inc., Crossville, Tennessee; Dal‐Tile Corp., Dallas, Texas; Del Conca USA, Inc., Loudon, Tennessee; Florida Tile, Inc., Lexington, Kentucky; Florim USA, Clarksville, Tennessee; Landmark Ceramics, Mount Pleasant, Tennessee; and StonePeak Ceramics, Chicago, Illinois.
3. USITC Institution Date: Wednesday, April 10, 2019.
4. USITC Conference Date: Wednesday, May 1, 2019.
5. USITC Vote Date: Friday, May 24, 2019.
6. USITC Notification to Commerce Date: Friday, May 28, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 9.
2. Location of producers’ plants: Alabama, Kentucky, Oklahoma, Pennsylvania, Tennessee, and Texas.
3. Production and related workers: 2,976.
4. U.S. producers’ U.S. shipments: $1.2 billion.
5. Apparent U.S. consumption: $3.5 billion.
6. Ratio of subject imports to apparent U.S. consumption: 17.8 percent.
U.S. Imports in 2018:
1. Subject imports: $626.3 million.
2. Nonsubject imports: $1.7 billion.
3. Leading import sources: Brazil, China, Italy, Mexico, and Spain.
News Release 19-040
Inv. No(s). 337-TA-1158
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers, broadband gateways, and related hardware and software components. 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 Rovi Corporation and Rovi Guides, Inc., both of San Jose, CA, on April 26, 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 digital video receivers, broadband gateways, and related hardware and software components 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:
Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC, of Philadelphia, PA;
Comcast Cable Communications Management, LLC, of Philadelphia, PA; and
Comcast Holdings Corporation of Philadelphia, PA.
By instituting this investigation (337-TA-1158), 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 19-039
Inv. No(s). 337-TA-1157
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements. 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 Style Pantry LLC of Beverly Hills, CA, on March 20, 2019. An amended complaint was filed on April 24, 2019. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation and sale of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements by reason of false designation, false description, dilution, and obtaining sales by false claim of association, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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:
Amazon.com Inc. of Seattle, WA;
Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd., of Zhejiang, China; and
Jianzhang Liao, Pinkqueen Apparel Inc., of Xiaman, China.
By instituting this investigation (337-TA-1157), 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.