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News Release 19-009
Inv. No(s). 337-TA-1147
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood separation and cell preparation devices. 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 RegenLab USA LLC of New York, NY, on February 4, 2019, and an amended complaint filed on February 15, 2019. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain blood separation and cell preparation devices that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Estar Technologies, Ltd., of Holon, Israel; and
Eclipse MedCorp, LLC, of The Colony, TX.
By instituting this investigation (337-TA-1147), 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 19-008
Inv. No(s). 337-TA-1146
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, 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 Vitaworks IP, LLC, of North Brunswick, NJ; Vitaworks, LLC, of North Brunswick, NJ; and Dr. Songzhou Hu of North Brunswick, NJ, on January 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 taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, and products containing the 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 respondents in this investigation:
A to Z Nutrition, Inc., of Miramar, FL;
Ampak Company, Inc., of Larchmont, NY;
Armada Nutrition LLC of Spring Hill, TN;
Atlantic Chemicals Trading of North America, Inc., of Boston, MA;
Crossroad Ingredients LLC of Fairfield, NJ;
Emote International, Inc., of La Verne, CA;
Epikix, Inc., of Irvine, CA;
Fuerst Day Lawson (USA), Ltd., of London, England, United Kingdom;
Glanbia Nutritional (NA), Inc., of Carlsbad, CA;
Greating Shipping Co. of Alhambra, CA;
Green Wave Ingredients, Inc., of La Mirada, CA;
Hard Eight Nutrition, LLC, of Henderson, NV;
Fuchi Pharmaceutical Co., Ltd., d/b/a Hubei Grand Life Science and Technology Co., Ltd., of Hubei Province, China;
Jiangyin Huachang Food Additive Co., Ltd., of Jiang Su Province, China;
Natural Ingredient Corp. of Pasadena, CA;
JSW Enterprises, LLC, d/b/a Nutravative Ingredients of Allen, TX;N.V.E., Inc., a/k/a N.V.E. Pharmaceuticals, Inc., of Andover, NJ;
Pacific Rainbow International, Inc., of City of Industry, CA;
Pharmachem Laboratories, Inc., of Kearny, NJ;
Prinova USA, LLC, of Carol Stream, IL;
Qianjiang Yongan Pharma.Co., Ltd. of Qianjiang City, Hubei Province, China;
SEM Minerals, L.P., of Quincy, IL;
Signo, LLC, of Houston, TX;
Stauber Holdings, Inc., f/k/a Stauber Performance Ingredients, Inc., of Fullerton, CA;
Shandong Xinhua Pharmaceutical USA, Inc., d/b/a SX Pharma of South El Monte, CA;
Uniprime International, LLC of Eatontown, NJ; and
Wild Flavors, Inc., of Erlanger, KY.
By instituting this investigation (337-TA-1146), 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 19-007
Inv. No(s). 337-TA-1145
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain botulinum toxin products, processes for manufacturing or relating to same and certain 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 Medytox Inc. of Seoul, South Koreal; Allergan plc of Dublin, Ireland; and Allergan, Inc., of Irvine, CA, on January 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 botulinum toxin products, processes for manufacturing or relating to same and certain products containing same that misappropriate trade secrets 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:
Daewoong Pharmaceuticals Co., Ltd., of Seoul, South Korea; and
Evolus, Inc., of Irvine, CA.
By instituting this investigation (337-TA-1145), 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 19-006
Inv. No(s). 337-TA-1144
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dental and orthodontic scanners and software. 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 Align Technology, Inc., of San Jose, CA, on December 10, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dental and orthodontic scanners and software that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
3Shape A/S of Copenhagen, Denmark;
3 Shape, Inc., of Warren, NJ; and
3Shape Trios A/S of Copenhagen, Denmark.
By instituting this investigation (337-TA-1144), 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 19-005
Inv. No(s). 701-TA-592 and 731-TA-1400 (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 plastic decorative ribbon 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’s public report Plastic Decorative Ribbon from China (Inv. Nos. 701-TA-592 and 731-TA-1400 (Final), USITC Publication 4875, March 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by April 8, 2019; 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
Plastic Decorative Ribbon from China
Investigation Nos. 701-TA-592 and 731-TA-1400 (Final)
Product Description: Plastic decorative ribbons are long strips of material primarily used in gift wrap. The subject merchandise has a width of less than or equal to 4 inches (measured at the narrowest span of the ribbon), and include ribbon wound onto itself; a spool, a core or a tube (with or without flanges); attached to a card or strip; wound into a keg- or egg-shaped configuration; made into bows, bow-like items, or other shapes or configurations. The subject merchandise is typically made of polypropylene. The ribbons may be of any color or combination of colors (including ribbons that are transparent, translucent or opaque) and may or may not bear words or images, including those of a holiday motif. Included are ribbons with embellishments and/or treatments, including ribbons that are printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or that otherwise have impressed designs, images, words or patterns), and ribbons with holographic, glitter, metallic, or iridescent finishes.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioner: Berwick Offray LLC, Berwick, PA.
3. USITC Institution Date: Wednesday, December 27, 2017.
4. USITC Hearing Date: Thursday, December 13, 2018.
5. USITC Vote Date: Tuesday, February 26, 2019.
6. USITC Notification to Commerce Date: Monday, March 18, 2019.
U.S. Industry in 2017:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Pennsylvania, Kansas, and Missouri.
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 2017:
1. Subject imports: $18.4 million.
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-004
Inv. No(s). 337-TA-1143
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pickup truck folding bed cover systems 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 Extang Corporation and Laurmark Enterprises Inc. d/b/a BAK Industries, both of Ann Arbor, MI, on December 7, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pickup truck folding bed cover systems and components thereof that infringe patents and trademarks asserted by the complainants. The complainants request that the USITC issue a temporary exclusion order and temporary cease and desist orders, and a permanent general exclusion order, or in the alternative a permanent limited exclusion order, and permanent cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Stehlen Automotive of Walnut, CA;
SyneticUSA of Pico Rivera, CA;
Topline Autoparts, Inc., of Hacienda Heights, CA;
Velocity Concepts Inc. of Hacienda Heights, CA;
JL Concepts Inc. of Walnut, CA;
DT Trading Inc. of Alhambra, CA;
Wenzhou Kouvi Hardware Products Co., Ltd., of Wenzh City, Zhejian Province, China;
Syppo Marketing, Inc., of City of Industry, CA;
Apex Auto Parts Mfg. Inc. of City of Industry, CA;
Ningbo Huadian Cross Country Automobile Accessories Co., Ltd., of Ningbo, China; and
Sunwood Industries Co., Ltd., of Jiangsu, China.
By instituting this investigation (337-TA-1143), 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 19-002
Inv. No(s). 337-TA-1142
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pocket lighters. 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 BIC Corporation of Shelton, CT, on December 6, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pocket lighters that infringe registered trademarks 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:
Arrow Lighter, Inc., d/b/a MK Lighter, Inc., and MK Lighter Company of City of Industry, CA;
Benxi Fenghe Lighter Co., Ltd., of Benxi, Liaoning Province, China;
Excel Wholesale Distributors Inc. of College Point, NY;
Milan Import Export Company, LLC, of San Diego, CA;
Wellpine Company Limited of Hong Kong; and
Zhuoye Lighter Manufacturing Co, Ltd., of Foshan City, Guangdong, China.
By instituting this investigation (337-TA-1142), 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 19-001
Contact: Peg O'Laughlin, 202-205-1819
David S. Johanson, Chairman of the United States International Trade Commission (USITC), has announced that Keith B. Vaughn has been designated Chief Information Officer (CIO) at the USITC.
As CIO, Vaughn will serve as the principal information technology executive for the Commission and will direct and manage all USITC information technology activities.
Vaughn brings extensive experience to the position. He served as the USITC’s Acting CIO from January through September 2018. In that role, he developed and managed the agency’s information technology budget, worked with offices throughout the agency to ensure that their information technology requirements were met, strengthened the agency’s network security, and directed a number of crucial information technology modernization and enhancement efforts.
He joined the USITC in 2011 as its Chief Data Architect. While in that position, he provided guidance and input in the design, maintenance, development, reengineering, and replacement of all USITC data-related systems. Prior to his government service, Vaughn was a senior government contractor with several private sector firms, including The Ambit Group, SI International, and Zen Technology, Inc.
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 18-148
Inv. No(s). 337-TA-1141
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cartridges for electronic nicotine delivery systems 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 Juul Labs, Inc., of San Francisco, CA, on November 20, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cartridges for electronic nicotine delivery systems 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 respondents in this investigation:
Drip-Tip Vapes LLC of Plantation, FL;
The Electric Tobacconist, LLC, of Boulder, CO;
Fuma Vapor, Inc., of Des Plaines, IL;
Lan & Mike International Trading, Inc., of Torrance, CA;
Lizard Juice, LLC, of Largo, FL;
Maduro Distributors, Inc., of Maplewood, MN;
MistHub, LLC, of Buffalo Grove, IL;
ParallelDirect, LLC, of Lincolnshire, IL;
Saddam Aburoumi of Manchester, CT;
Sarvasva LLC d/b/a One Stop Food Mart of Maple Shade, NJ;
Shenzhen Haka Flavor Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OCIGA Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OVNS Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yibo Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Twist Vapor Franchising, LLC, of Tampa, FL;
United Wholesale LLC of Glastonbury, CT;
Vape4U LLC of Montclair, CA;
Vaperz LLC of Frankfort, IL;
Vaportronix, LLC, of Aventura, FL;
Vapor 4 Life Holdings, Inc., of Northbrook, IL;
The ZFO of Spencerport, NY;
Ziip Lab Co., Ltd., of Shenzhen City, Guangdong Province, China; and
Ziip Lab S.A. of Punta del Este – Maldonado, Uruguay.
By instituting this investigation (337-TA-1141), 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 18-147
Inv. No(s). 701-TA-598 and 731-TA-1408
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 rubber bands 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 negative findings concerning critical circumstances with regard to imports of this product from China. As a result, imports of rubber bands from China will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Rubber Bands from China (Inv. Nos. 701-TA-598 and 731-TA-1408 (Final), USITC Publication 4863, December 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 17, 2019; 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
Rubber Bands from China
Investigation Nos. 701-TA-598 and 731-TA-1408 (Final)
Product Description: Rubber bands are flexible circular bands produced from hollow cylindrical tubes of vulcanized natural and synthetic rubber, mineral additives, dyes and pigments. Scope band lengths range 1/2 inch to 10 inches, circular band flattened on its side, and a width from about 1/16 inch to 2 inches; wall thickness up to 0.125 inches. The physical properties of rubber bands' superior elasticity, stretch strength, grip, and tear resistance, make them ideal for binding items together. Major rubber band consumer and industrial end use applications include stationery (office), industrial packaging (manufacturing), agricultural and aquaculture (produce and shellfish), retail, government and post office, advertising specialty, and newspapers.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Alliance Rubber Company, Hot Springs, Arkansas.
3. USITC Institution Date: Tuesday, January 30, 2018.
4. USITC Hearing Date: Tuesday, November 13, 2018.
5. USITC Vote Date: Friday, December 14, 2018.
6. USITC Notification to Commerce Date: Thursday, December 27, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 1.
2. Location of producers’ plants: Arkansas and California.
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 2017:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Thailand and China.
[1] Withheld to avoid disclosure of business proprietary information.