September 28, 2018
News Release 18-115
Inv. No(s). 332-567
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases Report Concerning Proposed Modifications to the U.S. Generalized System of Preferences

The U.S. International Trade Commission (USITC) today released a public version of its confidential report on possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2017 Review (Investigation No. 332-567), was requested by the U.S. Trade Representative (USTR).

The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on September 7, 2018. The public version released today contains only the unclassified sections, with any business confidential information deleted.

As requested, the USITC provided advice regarding the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the addition of the following Harmonized Tariff Schedule (HTS) subheadings to the list of GSP-eligible products for all GSP beneficiary developing countries:

  • 0808.30.40 (Pears, fresh, if entered during the period from July 1 through the following March 31, inclusive),

  • 0814.00.80 (Peel of citrus fruit, excl. orange or citron and peel, nesi, of melon, fresh, frozen, dried or provisionally preserved),

  • 1207.29.00 (Cotton seeds, whether or not broken, other than seed for sowing),

  • 1512.11.00 (Sunflower-seed or safflower oil, crude, and their fractions, whether or not refined, not chemically modified),

  • 2008.99.05 (Apples, otherwise prepared or preserved, nesi),

  • 2918.99.05 (p-Anisic acid; clofibrate and 3-phenoxybenzoic acid),

  • 2918.99.43 (Aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, etc deriv described in add US note 3 to sect VI, nesoi),

  • 2918.99.47 (Other aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, etc deriv (excluding goods in add US note 3 to sec VI)),

  • 4010.33.30 (Transmission V-belts of vulcanized rubber, V-ribbed, circumference exceeding 180 cm but not exceeding 240 cm, combined with textile materials).

The USITC also provided advice regarding the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the removal from eligibility of two HTS subheadings for certain GSP countries: 

  • 2009.89.6011 and 2009.89.6019 (Cherry juice - Part of 2009.89.60 "Juice of any other single fruit, nesoi") from Turkey,

  • 3920.51.50 (Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polymethyl methacrylate, not flexible) from Indonesia and Thailand.

The USITC also provided advice as to whether any industry in the United States is likely to be adversely affected by competitive need limitation waivers for certain countries and the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers. The USITC also provided 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, used the dollar value limit of $180 million. The HTS subheadings considered are:

  • 0410.00.00 (Edible products of animal origin, nesi) from Indonesia,

  • 2836.91.00 (Lithium carbonates) from Argentina,

  • 3301.13.00 (Essential oils of lemon) from Argentina,

  • 6802.99.00 (Monumental or building stone & arts. thereof, nesoi, further worked than simply cut/sawn, nesoi) from Brazil),

  • 7202.50.00 (Ferrosilicon chromium) from Kazakhstan.

The USITC also provided advice regarding the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the redesignation for certain countries of the following HTS subheadings:

  • 2007.99.48 (Apple, quince and pear pastes and purees, being cooked preparations) from Argentina,

  • 2306.30.00 (Oilcake and other solid residues, resulting from the extraction of vegetable fats or oils, of sunflower seeds) from Argentina,

  • 2841.90.20 (Ammonium perrhenate) from Kazakhstan,

  • 2909.50.40 (Odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols & their halogenated, sulfonated, nitrated, nitrosated derivatives) from Indonesia,

  • 4107.11.80 (Full grain unsplit whole bovine (not buffalo) nesoi and equine leather nesoi, w/o hair, prepared after tanning or crusting, fancy, not 4114) from Argentina,

  • 6802.93.00 (Monumental or building stone & arts. thereof, of granite, further worked than simply cut/sawn, nesoi) from India.

In addition, the USITC provided advice regarding the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the redesignation of articles for two countries. The USITC also provided 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 subheadings considered are:

  • 7202.93.80 (Ferroniobium, nesoi) from Brazil,

  • 4412.31.41 including 4412.31.4150 and 4412.31.4160 (Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with face ply nesoi, not surface covered beyond clear/transparent) from Indonesia.

Finally, the USITC provided advice regarding the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the denial of a de minimis competitive need limitation waiver for one article from a GSP beneficiary country. The USITC also provided 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 this article. The HTS subheading considered is:

  • 3802.90.10 (Bone black) from Brazil.

Generalized System of Preferences: Possible Modifications, 2017 Review (Investigation No. 332-567, USITC publication 4827, September 2018) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4827.pdf.

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.

# # #
September 27, 2018
News Release 18-114
Inv. No(s). 337-TA-1133
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Unmanned Aerial Vehicles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain unmanned aerial vehicles 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 Autel Robotics USA LLC of Bothell, WA, on August 30, 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 unmanned aerial vehicles 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:

SZ DJI Technology Co. Ltd. of Shenzhen, China;
DJI Europe B.V. of the Netherlands;
DJI Technology Inc. of Burbank, CA;
iFlight Technology Co. Ltd. of Hong Kong;
DJI Baiwang Technology Co. Ltd. of Shenzhen, China;
DJI Research LLC of Palo Alto, CA;
DJI Service LLC of Cerritos, CA; and
DJI Creative Studio LLC of Burbank, CA.

By instituting this investigation (337-TA-1133), 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.

# # #
September 24, 2018
News Release 18-113
Contact: Peg O'Laughlin, 202-205-1819
USITC Launches Upgraded Electronic Document Information System (EDIS)

The United States International Trade Commission (USITC) today deployed a major upgrade to its Electronic Document Information System (EDIS), the online document management tool and repository through which documents in all official USITC investigations must be filed.

EDIS 3.10 provides new features for users to make the system easier to navigate and more user-friendly.  The system has been significantly re-engineered to make it more agile and to lay the groundwork for future improvements (including e-filing).

Information about and highlights of the upgraded EDIS system are described below.  Users are encouraged to go into EDIS and discover its improvements for themselves at https://edis.usitc.gov.

TRANSITION BASICS:

  • User names and passwords will transfer automatically to EDIS 3.10.

  • Existing RSS feeds will NOT transfer automatically to EDIS 3.10 – users will have to re-create them in the new system.

  • All existing calls to the Web Service API will continue to work using the existing URL structure.

  • Accounts that have been inactive for six months will transfer automatically to EDIS 3.10, but they will remain inactive – users will have to contact the EDIS Help Desk for information/assistance (email: EDIS3HELP@usitc.gov or phone: 202-205-EDIS (3347)).

NEW FEATURES:

  • Filtered Searching Capabilities – Users will be able to search within initial search results.

  • Saved Searches – Users will be able save searches in the EDIS 3.10 platform.

  • Guided Submission Process – EDIS administrators have developed a “filing wizard” that will walk users through the submission process.  The USITC expects this to enhance consistency among filings and eliminate common filing errors.

  • Automatic Lock-Out Clearance – In a previous upgrade, the USITC gave users the ability to change their passwords on a self-serve basis, 24/7.  In this upgrade, the USITC is adding an automatic lock-out clearance feature.  Users who are locked out after three failed log-in attempts will now be able to get back into the system after just 15 minutes.

TRAINING:

  • The USITC has created two training webinar options to help users learn to navigate EDIS 3.10:
    • Option 1 – EDIS Pro, for seasoned EDIS users who need only an overview of the new features.

    • Option 2 – EDIS Basic, a series of focused webinars for new users, those who need a refresher on specific EDIS processes, and those who want a more in-depth EDIS training experience.


    •  
  • Both Options will be available 24/7 so users can learn when it suits their schedules and needs.

  • The Training Webinars can be found on the EDIS Support Page, here:  https://www.usitc.gov/press_room/edissupport.htm.

QUESTIONS?

# # #
September 21, 2018
News Release 18-112
Inv. No(s). 701-TA-609 and 731-TA-1421 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations Concerning Steel Trailer Wheels from China

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 steel trailer wheels from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.

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 this vote.

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, with its preliminary countervailing duty determination due on or about November 1, 2018, and its preliminary antidumping duty determination due on or about January 15, 2019.

The Commission’s public report Steel Trailer Wheels from China (Inv. Nos. 701-TA-609 and 731-TA-1421 (Preliminary), USITC Publication 4830, October 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available after October 22, 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

Steel Trailer Wheels from China
Investigation Nos. 701-TA-609 and 731-TA-1421 (Preliminary)

Product Description:  Trailer wheels are used to provide mobility for trailers, including utility trailers, cargo trailers, horse trailers, boat trailers, and towable recreational trailers (towable RVs).

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  Dexstar Wheel, Elkhart, IN.
3.   USITC Institution Date:  Wednesday, August 8, 2018.
4.   USITC Conference Date:  Wednesday, August 29, 2018.
5.   USITC Vote Date:  Friday, September 21, 2018.
6.   USITC Notification to Commerce Date:  Monday, September 24, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  1.
2.   Location of producers’ plants:  Indiana.
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:  $106.8 million.
2.   Nonsubject imports:  $3.9 million.
3.   Leading import sources:  China.

 

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

 

# # #
September 18, 2018
News Release 18-111
Inv. No(s). 701-TA-586 and 731-TA-1384 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Stainless Steel Flanges from India 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 stainless steel flanges from India 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 India. 

The Commission also made negative findings concerning critical circumstances with regard to imports of this product from India.  As a result, imports of stainless steel flanges from India will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Stainless Steel Flanges from India (Inv. Nos. 701-TA-586 and 731-TA-1384 (Final), USITC Publication 4828, September 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by October 19, 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

Stainless Steel Flanges from India
Investigation Nos. 701-TA-586 and 731-TA-1384 (Final)

Product Description:  The stainless steel flanges subject to these investigations are forged and can be finished, semifinished, or unfinished. Subject flanges are made from stainless steel and are generally manufactured to, but not limited to, the material specification of ASTM/ASME A/SA182 or comparable domestic or foreign specifications. Subject stainless steel flanges meet the sizes and description standards for all pressure classes of ASME B16.5 and range in size from one-half inch to 24 inches in nominal pipe size. Stainless steel flanges are used to connect stainless steel pipe sections and piping components (valves, pumps, tanks, and other equipment) to form a piping system. Stainless steel flanges are usually welded or screwed to the ends of pipes or other equipment requiring a connection and are joined to each other by bolting. Forged stainless steel flanges are a component of stainless steel process piping in oil and gas refineries, nuclear power plants, chemical synthesis plants, paper mills, food processing facilities, and other applications where cleanliness and corrosion resistance are required and in electric power-generating plants where their high-temperature properties are needed.

Status of Proceedings:

1.   Type of investigations:  Final phase antidumping and countervailing duty investigations.
2.   Petitioners:  Core Pipe Products, Inc., Carol Stream, IL; and Maass Flange Corporation, Houston, TX.
3.   USITC Institution Date:  August 16, 2017.
4.   USITC Hearing Date:  April 10, 2018.
5.   USITC Vote Date:  September 18, 2018.
6.   USITC Notification to Commerce Date:  September 28, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  5.
2.   Location of producers’ plants:  Illinois, Michigan, and Texas.
3.   Production and related workers:  218.
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:  $77.8 million (China and India).
2.   Nonsubject imports:  $61.7 million.
3.   Leading import sources:  India, China, Canada, Philippines, and Mexico (in terms of total quantity).

 

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

# # #
September 12, 2018
News Release 18-110
Inv. No(s). 731-TA-1189 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Large Power Transformers from Korea

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of large power transformers from Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing antidumping duty order on imports of this product from Korea will remain in place. 

Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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 this five-year (sunset) review.

The Commission’s public report Large Power Transformers from Korea (Inv. No. 731-TA-1189 (Review), USITC Publication 4826, September 2018) will contain the views of the Commission and information developed during the review.

The report will be available by October 17, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


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 Large Power Transformers from Korea was instituted on July 3, 2017.

On October 6, 2017, the Commission voted to conduct a full review. Commissioners Rhonda K. Schmidtlein, David S. Johanson, Irving A. Williamson, and Meredith M. Broadbent concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.

A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

# # #
September 11, 2018
News Release 18-109
Inv. No(s). 337-TA-1132
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Motorized Vehicles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized vehicles 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 FCA US LLC of Auburn Hills, MI, on August 1, 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 motorized vehicles and components thereof that infringe trade dress and trademarks 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:

Mahindra & Mahindra Ltd. of Mumbai, India; and
Mahindra Automotive North America, Inc., of Auburn Hills, MI.

By instituting this investigation (337-TA-1132), 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.

# # #
September 7, 2018
News Release 18-107
Inv. No(s). 731-TA-344 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Tapered Roller Bearings from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of tapered roller bearings 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 determination, the existing antidumping duty order on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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 this five-year (sunset) review.

The Commission’s public report Tapered Roller Bearings from China (Inv. No. 731-TA-344 (Fourth Review), USITC Publication 4824, September 2018) will contain the views of the Commission and information developed during the review.

The report will be available by October 15, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


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 Tapered Roller Bearings from China was instituted on July 3, 2017.

On October 6, 2017, the Commission voted to conduct a full review. Commissioners David S. Johanson and Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.  Commissioners Rhonda K. Schmidtlein and Irving A. Williamson concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

# # #
September 5, 2018
News Release 18-107
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Wireless Mesh Networking Products and Related Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless mesh networking products and related 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 SIPCO, LLC, of Ashburn, Virginia on August 3, 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 wireless mesh networking products and related 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:

Emerson Electric Co. of St. Louis, MO;
Emerson Process Management LLLP of Bloomington, MN;
Emerson Process Management Asia Pacific Private Limited of Singapore;
Emerson Process Management Manufacturing (M) Sdn. Bhd. of Negeri Sembilan, Malaysia;
Fisher-Rosemount Systems, Inc. of Round Rock, TX;
Rosemount Inc. of Shakopee, MN;
Analog Devices, Inc. of Norwood, MA;
Linear Technology LLC of Milpitas, CA;
Dust Networks, Inc., of Union City, CA;
Tadiran Batteries Inc. of Lake Success, NY; and
Tadiran Batteries Ltd. of Kiryat Ekron, Israel.

By instituting this investigation (337-TA-1131), 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.

# # #
August 31, 2018
News Release 18-106
Inv. No(s). 731-TA-1396 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Forged Steel Fittings from Taiwan 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 forged steel fittings from Taiwan that the U.S. Department of Commerce (Commerce) has determined are 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 determination, Commerce will issue antidumping duties on imports of these products from Taiwan.

The Commission’s public report Forged Steel Fittings from Taiwan (Inv. No. 731-TA-1396 (Final), USITC Publication 4823, September 2018) will contain the views of the Commission and information developed during the investigation.

The report will be available by October 5, 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

Forged Steel Fittings from Taiwan
Investigation No. 731-TA-1396 (Final)

Product Description:  The merchandise covered by this investigation is carbon and alloy forged steel fittings (FSF); available in a variety of shapes (including but not limited to elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings, unions, and outlets); either finished or unfinished; whether or not having threaded, socket weld, or other end connections; regardless of nominal pipe size, pressure rating, and wall thickness; and whether or not heat treated. These fittings are produced by forging from cast steel blanks or machining from bar stock or seamless tubular steel products. Specifically excluded are stainless steel fittings; butt-weld fittings, outlets, and nipples; and all fittings with a maximum pressure ratings of 300 pounds or less. FSF are utilized in oil and gas piping systems, chemical and petrochemical plants, electric-power generating plants, and industrial piping systems for distributing liquids and gasses under high pressure or that are corrosive.

Status of Proceedings:

1.   Type of investigation:  Final antidumping investigation.
2.   Petitioners:  Bonney Forge Corp., Mount Union, Pennsylvania; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), Pittsburgh, Pennsylvania.
3.   USITC Institution Date:  October 5, 2017.
4.   USITC Hearing Date:  August 2, 2018.
5.   USITC Vote Date:  August 31, 2018.
6.   USITC Notification to Commerce Date:  September 14, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  4.
2.   Location of producers’ plants:  Louisiana, New Jersey, Pennsylvania, 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 subject imports to apparent U.S. consumption:  1

U.S. Imports in 2017:

1.   Subject imports:  $32.0 million.
2.   Nonsubject imports:  1
3.   Leading import source:  Taiwan, China, and Italy.

 

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

 

# # #