October 17, 2018
News Release 18-125
Contact: Peg O'Laughlin, 202-205-1819
Nannette M. Christ Named Director, Office of Investigations, at U.S. International Trade Commission

David S. Johanson, Chairman of the United States International Trade Commission (USITC), has announced that Nannette M. Christ has been designated Director, Office of Investigations, at the USITC.

Christ will direct the planning and conduct of the USITC’s import injury investigations under the antidumping and countervailing duty provisions of the Tariff Act of 1930, the global safeguard provisions of the Trade Act of 1974, and other import injury statutes.

Christ has served as Chief of the Applied Economics Division in the USITC’s Office of Economics since 2010.  In that role, she directed the development of expert economic input and analysis for the Commission’s antidumping/countervailing duty, global safeguard, and other trade remedy investigations.

Christ was Acting Director of the Office of Economics for multiple periods during 2012-2014.  From 2001-2010, she was an International Trade Economist in the Office of Economics’ Country Regional Analysis Division, where she led numerous multidisciplinary teams of economists, industry analysts, attorneys, and administrative staff as a project leader on complex, high-profile Commission studies. 

Christ was awarded the Commissioners’ Award for Exceptional Service, the highest honor that can be conferred on a USITC employee, in 2007.

Prior to coming to the USITC, Christ was a business analyst with Mercer Management Consulting in Washington, DC, and a paralegal supervisor with the U.S. Department of Justice Antitrust Division’s Civil Task Force.

Christ holds a master of arts degree in international economics and African studies from Johns Hopkins University and a bachelor of arts degree in social studies from Harvard/Radcliffe College.

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.

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October 16, 2018
News Release 18-124
Inv. No(s). 337-TA-1138
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain LTE- and 3G-Compliant Cellular Communications Devices

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LTE- and 3G-compliant cellular communications 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 INVT SPE LLC of San Francisco, CA, on September 14, 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 LTE- and 3G-compliant cellular communications devices 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:

Apple Inc. of Cupertino, CA;
HTC Corporation of Taiwan;
HTC America, Inc. of Seattle, WA;
ZTE Corporation of Nanshan District, Guangdong Province, China; and
ZTE (USA) Inc. of Richardson, TX.

By instituting this investigation (337-TA-1138), 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.

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October 16, 2018
News Release 18-123
Inv. No(s). 701-TA-590 and 731-TA-1397 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Sodium Gluconate, Gluconic Acid, and Dervative Products from China Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of sodium gluconate, gluconic acid, and derivative 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’s public report Sodium Gluconate, Gluconic Acid, and Derivative Products from China (Inv. Nos. 701-TA-590 and 731-TA-1397 (Final), USITC Publication 4834, October 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by November 9, 2018; 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

Sodium Gluconate, Gluconic Acid, and Derivative Products from China
Investigation Nos. 701-TA-590 and 731-TA-1397 (Final)

Product Description:  Sodium gluconate ("GNA"), gluconic acid ("GA"), and derivative products are primarily produced from corn-based liquid glucose. The products covered in these investigations include GA, GNA, glucono-delta-lactone ("GDL"), liquid gluconate ("LG"), and blends containing 35 percent or more of GNA, GA, LG, and/or GDL by dry weight.  GNA and GDL are sold as white powders while GA and LG are sold in liquid form. GNA products have uses in a multitude of industries including concrete and admixtures, food industry, personal care and household products, and in agriculture.

Status of Proceedings:

1.   Type of investigation:  Final phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  PMP Fermentation Products, Inc., Peoria, Illinois.
3.   USITC Institution Date:  Thursday, November 30, 2017.
4.   USITC Hearing Date:  Tuesday, September 18, 2018.
5.   USITC Vote Date:  Tuesday, October 16, 2018.
6.   USITC Notification to Commerce Date:  Tuesday, October 30, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  1.
2.   Location of producers’ plants:  Illinois.
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:  China, France, Italy.

 

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

 

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October 12, 2018
News Release 18-122
Inv. No(s). TPA-105-003
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Investigation to Assess a Trade Agreement with Mexico and Canada

The U.S. International Trade Commission (USITC) has instituted an investigation to assess the likely impact of a trade agreement that the President has announced he intends to enter into with Mexico and Canada.

The investigation, United States-Mexico-Canada Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors, was requested by the U.S. Trade Representative in a letter received on August 31, 2018.

The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 requires the USITC to prepare a report that assesses the likely impact of the Agreement on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers.  The USITC’s report, which will be public, is due to the President and the Congress no more than 105 days after the President signs the Agreement, which he can do 90 days after he notifies Congress of his intent to do so.  The President notified Congress on August 31, 2018, of his intent to enter into the Agreement.

The USITC will hold a public hearing in connection with the investigation beginning at 9:30 a.m. on November 15, 2018.  Requests to appear at the hearing should be filed no later than 5:15 p.m. on October 29, 2018, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on December 20, 2018.  All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigation and the procedures for written submissions is available in the USITC’s notice of investigation, dated October 12, 2018, which can be obtained from the USITC web site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or 202-205-2000.

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October 10, 2018
News Release 18-121
Inv. No(s). 337-TA-1137
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Semiconductor Lithography Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor lithography 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 ASML Netherlands B.V. of the Netherlands and ASML US, L.P., and ASML US, LLC, both of Chandler, AZ, on September 12, 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 semiconductor lithography systems 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 respondents in this investigation:

Nikon Corporation of Tokyo, Japan;
Nikon Precision Inc. of Belmont, CA; and
Nikon Research Corporation of America of Belmont, CA.

By instituting this investigation (337-TA-1137), 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.

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October 5, 2018
News Release 18-120
Inv. No(s). 337-TA-1136
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain obstructive sleep apnea treatment mask 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 Fisher & Paykel Healthcare Limited of Panmure, Auckland, New Zealand, on September 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 obstructive sleep apnea treatment mask 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:

ResMed Corp. of San Diego, CA;
ResMed Inc. of San Diego, CA; and
ResMed Limited of Bella Vista NSW, Australia.

By instituting this investigation (337-TA-1136), 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.

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October 5, 2018
News Release 18-119
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases Shifts in U.S. Merchandise Trade 2017

Shifts in U.S. Merchandise Trade 2017 (2017 Trade Shifts) is now available on the U.S. International Trade Commission (USITC) Internet site.

The USITC, an independent, nonpartisan, factfinding federal agency, produces its web-based comprehensive review of U.S. trade performance annually.

2017 Trade Shifts includes interactive features, such as graphics that allow users to view and refine, as they choose, the official government data presented.  The report:

  • identifies changes in U.S. exports and imports of agricultural and manufactured goods, as well as key natural resources, providing industry and market profiles and trade data for 10 sectors;

  • analyzes changes in U.S. bilateral trade with Canada, China, Mexico, South Korea, and the United Kingdom; and

  • concludes with a special topic section, "Intermediate Goods Imports in Key U.S. Manufacturing Sectors," which examines the impact that intermediate goods have had on U.S. sectoral trade flows.

Highlights from the report include:

  • U.S. total exports increased by $95.7 billion (6.6 percent) from 2016 levels to $1,546.7 billion in 2017. The primary reasons for the increase were rising crude petroleum prices and depreciation of the U.S. dollar relative to all of its trading partners. Exports increased in all 10 industry sectors discussed in this report.

  • U.S. general imports increased by $155 billion (7.1 percent) from 2016 levels to $2,342.9 billion in 2017.  As with U.S. exports, energy-related products experienced the largest increase by value, with imports of these products rising by $40.3 billion (25.5 percent) to $198 billion. Imports from all remaining sectors rose, with the greatest increases by value occurring in electronic products (by $34.3 billion, 7.6 percent); minerals and metals (by $17.2 billion, 9.4 percent), machinery (by $16.9 billion, 9.4 percent); and transportation equipment (by $16.6 billion, 4 percent).

  • One of the major factors affecting U.S. trade in 2017 was the increase in the price of crude petroleum.  Higher international prices for crude petroleum (Brent spot price) increased the value of U.S. trade in crude petroleum, petroleum products, and petrochemicals. U.S. crude petroleum also traded at a larger average discount compared to the international price per barrel in 2017, spurring greater U.S. export volumes for crude petroleum and downstream products.

    Another factor contributing to the increase of exports of U.S. crude was the removal of the U.S. government ban on most exports of U.S. crude to countries other than Canada in December 2015.  Growth in the energy-related products sector affected downstream sectors, such as petrochemicals; exports of products in that sector also increased.

Shifts in U.S. Merchandise Trade 2017 can be accessed at https://usitc.gov/research_and_analysis/trade_shifts_2017/index.htm

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October 2, 2018
News Release 18-118
Inv. No(s). 332-565
Contact: Peg O'Laughlin, 202-205-1819
USITC to Investigation the Economic Effects of Recently Enacted Temporary Duty Suspensions and Reductions

The U.S. International Trade Commission (USITC) is seeking input for a newly instituted general factfinding investigation regarding the effects on the U.S. economy of duty suspensions and reductions enacted under the American Manufacturing Competitiveness Act (AMCA).

The investigation, American Manufacturing Competitiveness Act: Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy, was triggered by the recent enactment of a miscellaneous tariff bill under the law.

The AMCA requires the USITC, an independent, nonpartisan, factfinding federal agency, to prepare a report concerning the effects on the U.S. economy of duty suspensions and reductions enacted pursuant to the AMCA.  The USITC’s report must be submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance not later than 12 months after the date of enactment of a miscellaneous tariff bill.

Congress completed work on a miscellaneous tariff bill on September 4, 2018, and the President signed the legislation into law on September 13, 2018. 

As required, the USITC will provide a broad assessment of the economic effects of duty suspensions and reductions on U.S. producers, purchasers, and consumers, as well as case studies looking at the effects on individual sectors. The report will also include recommendations solicited from the public with respect to those domestic industry sectors that might benefit from permanent duty suspensions or reductions, with a particular focus on inequities created by tariff inversions. This public report will be delivered to the Committees by September 13, 2019.

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 March 5, 2019.  Requests to appear at the public hearing should be filed no later than 5:15 p.m. on February 19, 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 March 22, 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 on October 2, 2018. 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 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.

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October 1, 2018
News Release 18-117
Inv. No(s). 337-TA-1135
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Strength-Training Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain strength-training 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 Hoist Fitness Systems, Inc., of Poway, CA, on September 4, 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 strength-training 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:

TuffStuff Fitness International, Inc., of Chino, CA; and
Shandong Relax Health Industry Co. Ltd. of Qingdao, Shandong Province, China.

By instituting this investigation (337-TA-1135), 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.

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October 1, 2018
News Release 18-116
Inv. No(s). 337-TA-1134
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment mask 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 ResMed Corp. and ResMed Inc., both of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on August 31, 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 sleep-disordered breathing treatment mask systems 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 respondents in this investigation:

Fisher & Paykel Healthcare Limited of Auckland, New Zealand;
Fisher & Paykel Healthcare, Inc., of Irvine, CA; and
Fisher & Paykel Healthcare Distribution Inc. of Irvine, CA.

By instituting this investigation (337-TA-1134), 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.

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