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News Release 22-074
Inv. No(s). 332-586
Contact: Jennifer Andberg, 202-205-1819
Foreign censorship and related measures led to significant foregone revenues for U.S. businesses annually and restricted the opportunity of U.S. businesses to provide services to hundreds of millions of users in China, according to a new report by the U.S. International Trade Commission (USITC or Commission).
The investigation, Foreign Censorship, Part 2: Trade and Economic Effects on U.S. Businesses, was requested by the Senate Committee on Finance (Committee) in a letter received on April 8, 2021. This report is the second of two reports on foreign censorship requested by the Committee.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the impacts to U.S. businesses of foreign censorship in the key markets of China, Russia, Turkey, Vietnam, India, and Indonesia through the application of case studies and a survey. Findings from the report include:
- Based on the survey results, businesses providing media and digital services are those most likely to be affected by censorship-related measures in China. Almost a quarter of U.S. media and digital service providers in China that were able to enter the Chinese market, representing more than half of the 2020 global revenue of all U.S. media and digital service providers active in China, experienced censorship-related measures. A significantly higher share of large businesses experienced censorship-related measures in China than small and medium-sized businesses. For U.S. media and digital service providers that experienced censorship:
- Almost three-quarters were concerned about negative impacts on their operations in China, including their ability to provide products and services in China. Most also noted that censorship-related measures in China have become more challenging to manage in the past few years.
- Almost 40 percent indicated that they had to self-censor to provide their products or services in China.
- Over 40 percent experienced increased costs of doing business in China and/or lost revenue in China as a result of censorship-related measures.
- Based on the case studies, the Commission estimates that the largest impacts associated with censorship-related measures are the forgone revenues from market access denial to businesses that provide social media platforms, over-the-top communications services, and internet search services, as well as audiovisual content.
Foreign Censorship, Part 2: Trade and Economic Effects on U.S. Businesses (Investigation No. 332-586, USITC Publication 5334, July 2022) is available on the USITC’s website at https://www.usitc.gov/publications/332/pub5334.pdf. The first report, Foreign Censorship, Part 1: Policies and Practices Affecting U.S. Businesses (Investigation No. 332-585, USITC Publication 5244, December 2021), is available on the USITC’s website at https://www.usitc.gov/publications/332/pub5244.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting report conveys 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.
News Release 22-073
Inv. No(s). 701-TA-379 and 731-TA-788, 792, and 793 (Fourth Review) (Expedited)
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of stainless steel plate from Belgium, South Africa, and Taiwan 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 orders on imports of this product from Belgium, South Africa, and Taiwan will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Stainless Steel Plate from Belgium, South Africa, and Taiwan (Inv. Nos. 701-TA-379 and 731-TA-788, 792, and 793 (Fourth Review), USITC Publication 5335, July 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by August 9, 2022; 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 Stainless Steel Plate from Belgium, South Africa, and Taiwan was instituted on December 1, 2021.
On March 7, 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 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 22-071
Inv. No(s). 337-TA-1321
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same 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 Honeywell International Inc. of Charlotte, NC and Hand Held Products, Inc. of Charlotte, NC on May 20, 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 barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same and components thereof that infringe patents asserted by the complainants. 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:
Zebra Technologies Corporation of Lincolnshire, IL; and
Symbol Technologies, Inc. of Holtsville, NY.
By instituting this investigation (337-TA-1321), 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 22-070
Inv. No(s). 332-TA-1320
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain universal golf club shaft and golf club head connection adaptors, certain components thereof, 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 Club-Conex, LLC of Scottsdale, AZ on May 19, 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 universal golf club shaft and golf club head connection adaptors, certain components thereof, and products containing the same 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 Top Golf Equipment Co. Limited of Shenzen, GuangDong, China as the respondent this investigation.
By instituting this investigation (337-TA-120x), 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 22-069
Contact: Jennifer Andberg, 202-205-1819
David S. Johanson today becomes Chair of the U.S. International Trade Commission (USITC). He succeeded outgoing Chair Jason E. Kearns, whose term as Chair expired on June 16, 2022. Johanson, the senior Republican on the Commission, became Chair by operation of law in the absence of a Presidential designation.
Johanson was nominated to the USITC by President Barack Obama on April 8, 2011, and confirmed by the U.S. Senate on October 31, 2011. He was sworn in as a member of the Commission on December 8, 2011, for the Commission term expiring on December 16, 2018. He served as Chair of the USITC from June 17, 2018, to June 16, 2020, and Vice Chair from August 11, 2016, to June 16, 2018.
Johanson served as International Trade Counsel on the Republican staff of the Committee on Finance of the U.S. Senate from 2003 until his USITC appointment. While on the staff of the Committee on Finance, he was responsible for legislative and policy matters involving negotiations of the World Trade Organization, the Free Trade Area of the Americas, the Trans-Pacific Partnership, and numerous free trade agreements. He assisted in the passage of implementing legislation for free trade agreements between the United States and Australia, Bahrain, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Korea, Morocco, Nicaragua, Oman, Panama, Peru, and Singapore. He also worked on legislative matters concerning trade preference programs (the Generalized System of Preferences, the African Growth and Opportunity Act, the Caribbean Basin Initiative, and the Andean Trade Preference Act), Miscellaneous Tariff Bills, Trade Adjustment Assistance, and the trade-related provisions of the 2008 Farm Bill.
Prior to his employment at the Committee on Finance, he practiced international trade law for six years at the law firm of Stewart and Stewart in Washington, D.C. Earlier in his career, he worked for Senator Phil Gramm (R-TX), Representative Wally Herger (R-CA), and Representative George Radanovich (R-CA).
Johanson holds a Bachelor of Arts degree from Stanford University, a Master of Philosophy degree from Cambridge University, and a Juris Doctor degree from the University of Texas School of Law. Chair Johanson is an Eagle Scout. He is originally from Austin, Texas.
The USITC is an independent, nonpartisan, quasi-judicial federal agency that makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent tariff, trade, and competitiveness-related analysis and information to the legislative and executive branches of government; and maintains the U.S. tariff schedule. Commissioners are appointed by the President and confirmed by the Senate for nine year terms, unless they are appointed to fill unexpired terms.
News Release 22-068
Inv. No(s). 701-TA-670 and 731-TA-1570 (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 freight rail coupler systems and components 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.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the negative.
As a result of the Commission’s negative determinations, Commerce will not issue antidumping duty and countervailing duty orders on imports of these products from China.
The Commission’s public report Freight Rail Coupler Systems and Components from China (Inv. Nos. 701-TA-670 and 731-TA-1570 (Final), USITC Publication 5331, July 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 21, 2022; 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
Freight rail coupler systems and components from China
Investigation Nos: 701-TA-670 and 731-TA-1570 (Final)
Product Description: Freight rail coupler systems and components ("FRC") are metal structures used to connect freight rail cars together. FRC are comprised of a system of four main metal components: knuckles, coupler bodies, coupler yokes, and follower blocks. Knuckles are typically metal castings in the shape of a hook that pivot on a vertical hinge between a "locked" and an "unlocked" position to allow for interlocking with knuckles of adjacent FRC. Coupler bodies are a metal casting that hold the knuckle and allow it to pivot. The coupler body fits within the coupler yoke, which is a metal casting that attaches the FRC to a freight car. The follower block is a rectangular piece of metal that separates the FRC with the adjacent draft gear of a freight car (designed to absorb some of the forces when connecting freight rail cars). FRC are designed to connect two freight cars together by automatically interlocking the knuckles of both FRC when the freight cars are pushed together.
Status of Proceedings:
- Type of investigation: Final countervailing duty and antidumping duty investigations.
- Petitioners: McConway and Torley, LLC, Pittsburgh, Pennsylvania; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Pittsburgh, Pennsylvania
- USITC Institution Date: Wednesday, September 29, 2021
- USITC Hearing Date: Thursday, May 12, 2022
- USITC Vote Date: Tuesday, June 14, 2022
- USITC Notification to Commerce Date: Tuesday, July 5, 2022
U.S. Industry in 2021:
- Number of U.S. producers: 3
- Location of producers’ plants: Illinois, Michigan, and Pennsylvania
- Production and related workers: 1
- U.S. producers’ U.S. shipments: 1
- Apparent U.S. consumption: 1
- Ratio of subject imports to apparent U.S. consumption: 1
U.S. Shipments of Imports in 2021:
- Subject imports: 15.3 million pounds
- Nonsubject imports: 1
- Leading import sources: China and Mexico
1 Withheld to avoid disclosure of business proprietary information.
News Release 22-067
Inv. No(s). 337-TA-1319
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices and semiconductor devices with timing-aware dummy fill 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 Bell Semiconductor, LLC of Bethlehem, PA on April 28, 2022 and supplemented on May 6, 2022, May 13, 2022, and May 19, 2022 (as revised on May 25, 2022). 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 electronic devices and semiconductor devices with timing-aware dummy fill and components thereof that infringe the 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 the respondents this investigation:
NXP Semiconductors, N.V. of Eindhoven, The Netherlands;
NXP B.V. of Eindhoven, The Netherlands;
NXP USA, Inc. of Austin, TX;
SMC Networks, Inc. d/b/a IgniteNet of Irvine, CA;
Micron Technology, Inc. of Boise, ID;
NVIDIA Corporation of Santa Clara, CA;
Advanced Micro Devices, Inc. of Santa Clara, CA;
Acer, Inc. of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
Infineon Technologies America Corp. of Milpitas, CA;
Analog Devices Inc. of Norwood, MA;
Bose Corporation of Framingham, MA;
Marvell Technology Group, Ltd. of Hamilton, Bermuda;
Marvell Semiconductor, Inc. of Santa Clara, CA;
Suteng Innovation Technology Co., Ltd. d/b/a RoboSense of Shenzen, China;
Kioxia Corporation of Tokyo, Japan;
Kioxia America, Inc. of San Jose, CA;
Socionext Inc. of Yokohama, Kanagawa, Japan;
Socionext America, Inc. of Santa Clara, CA;
Qualcomm Technologies, Inc. of San Diego, CA;
Lenovo Group Ltd. of Haidan District, China; and
Motorola Mobility LLC of Chicago, IL.
By instituting this investigation (337-TA-1319), 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 22-066
Inv. No(s). 337-TA-1318
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain graphics systems, components thereof, and digital televisions 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 Advanced Micro Devices, Inc. of Santa Clara, CA and ATI Technologies ULC of Markham, Ontario, Canada on May 5, 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 graphics systems, components thereof, and digital televisions 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 the respondents this investigation:
TCL Industries Holdings Co., Ltd. of Huizhou, Guangdong, China;
TCL Industries Holdings (H.K.) Limited of Pak Shek Kok, New Territories, Hong Kong;
TCL Electronics Holdings Limited, of Sha Tin, New Territories, Hong Kong;
TCL Technology Group Corporation of Huizhou, Guangdong, China;
TTE Corporation of Sha Tin, New Territories, Hong Kong;
TCL Holdings (BVI) Limited of Sha Tin, New Territories, Hong Kong;
TCL King Electrical Appliances (Huizhou) Co. Ltd., of Huizhou, Guangdong, China;
Shenzhen TCL New Technologies Co., Ltd. of Shenzen, Guangdong, China;
TCL MOKA International Limited of Sha Tin, New Territories, Hong Kong;
TCL Smart Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam;
Manufacturas Avanzadas SA de CV of Ciudad Juárez, Chihuahua, Mexico;
TCL Electronics Mexico, S de RL de CV of Benito Juarez, Distrito Federal, Mexico;
TCL Overseas Marketing Ltd. of Sha Tin, New Territories, Hong Kong; and
Realtek Semiconductor Corp. of Hsinchu, Taiwan.
By instituting this investigation (337-TA-1318), 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 22-065
Inv. No(s). 337-TA-1316
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pneumatic compression devices 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 Precision Holdings USA of Rocklin, CA and Innovamed Health LLC of San Antonio, TX on April 29, 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 pneumatic compression devices 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:
ManaMed Inc. of Las Vegas, NV;
Grandway Healthcare Limited of Kwun Tong, Kowloon, Hong Kong;
Vive Health LLC d/b/a Coretech of Naples, FL; and
Medline Industries Inc. of Northfield, IL.
By instituting this investigation (337-TA-1316), 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 22-064
Inv. No(s). 337-TA-1317
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same, 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 Honeywell International Inc. of Charlotte, NC and Hand Held Products, Inc. of Charlotte, NC on May 2, 2022. The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same, 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:
Zebra Technologies Corporation of Lincolnshire, IL; and
Symbol Technologies, Inc. of Holtsville, NY.
By instituting this investigation (337-TA-1317), 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.