U.S. International Trade Commission

Yesterday, May 24, 2022, the U.S. International Trade Commission (USITC) voted to institute an investigation of certain digital set-top boxes and systems and services including 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 Broadband iTV, Inc. (BBiTV) of Austin, TX on April 22, 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 digital set-top boxes and systems and services including the same 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 the respondents this investigation:

Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC of Philadelphia, PA;
NBCUniversal Media, LLC of Universal City, CA;
Charter Communications, Inc. of Stamford, CT;
Charter Communications Operating, LLC of St. Louis, MO;
Charter Communications Holding Company, LLC of St. Louis, MO;
Spectrum Management Holding Company, LLC of St. Louis, MO;
Altice USA, Inc. of Long Island City, NY;
CSC Holdings, LLC of Long Island City, NY; and
Cablevision Systems Corp. of Bethpage, NY.

By instituting this investigation (337-TA-1315), 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.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain computer network security equipment and systems, related software, components thereof, and 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 Centripetal Networks, Inc. of Reston, VA on April 19, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computer network security equipment and systems, related software, components thereof, and products containing 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 Keysight Technologies, Inc. of Santa Rosa, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1314), 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.

1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners:  Delano Growers Grape Products, Delano, LLC, Delano, California.
3. USITC Institution Date:  Thursday, March 31, 2022.
4. USITC Conference Date:  Thursday, April 21, 2022.
5. USITC Vote Date:  Friday, May 13, 2022.
6. USITC Notification to Commerce Date:  Monday, May 16, 2022.

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 certain preserved mushrooms from France, Netherlands, Poland, and Spain that are allegedly 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 affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of certain preserved mushrooms from France, Netherlands, Poland, and Spain, with its preliminary antidumping duty determinations due on or about September 7, 2022.

The Commission’s public report Certain Preserved Mushrooms from France, Netherlands, Poland, and Spain (Inv. Nos. 731-TA-1587-1590 (Preliminary), USITC Publication 5329, May 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 13, 2022; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Preserved Mushrooms from France, Netherlands, Poland, and Spain
Investigation Nos. 731-TA-1587-1590 (Preliminary)

Product Description:  Certain preserved mushrooms are mushrooms of the genus Agaricus that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heat sterilized in containers each holding a net drained weight of not more than 12 ounces (340.2 grams), including but not limited to cans or glass jars, in a suitable liquid medium, including but not limited to water, brine, butter, or butter sauce. The final form of preserved mushrooms can be either whole, sliced, or as stems and pieces.

Status of Proceedings:

1. Type of investigation:  Preliminary antidumping duty investigations.
2. Petitioners:  Giorgio Foods, Inc., Blandon, Pennsylvania
3. USITC Institution Date:  Thursday, March 31, 2022.
4. USITC Conference Date:  Thursday, April 21, 2022.
5. USITC Vote Date:  Friday, May 13, 2022.
6. USITC Notification to Commerce Date:  Monday, May 16, 2022.

1. Number of U.S. producers:  1.
2. Location of producers’ plants:  Blandon, Pennsylvania
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

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of raw honey from Argentina, Brazil, India, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are 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 affirmative. 

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Argentina, Brazil, India, and Vietnam.

The Commission made a negative critical circumstances finding with regard to imports of this product from Argentina. The Commission made an affirmative critical circumstances finding with regard to imports of this product from Vietnam. 

The Commission’s public report Raw Honey from Argentina, Brazil, India, and Vietnam (Inv. Nos. 731-TA-1560-1562 and 731-TA-1564 (Final), USITC Publication 5327, May 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by June 20, 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

Raw Honey from Argentina, Brazil, India, and Vietnam
Investigation Nos.: 731-TA-1560-1562, 1564 (Final)

Product Description:  Honey is a sweet, viscous fluid produced from the nectar of plants and flowers which is collected by honeybees, transformed, and combined with substances of their own, and stored and left in honeycombs to mature and ripen. Raw honey is honey as it exists in the beehive or as obtained by extraction, settling and skimming, or straining.

Status of Proceedings:

1. Type of investigation:  Final antidumping duty investigations.
2. Petitioners:  American Honey Producers Association ("AHPA"), Bruce, South Dakota; and Sioux Honey Association ("SHA"), Sioux City, Iowa.
3. USITC Institution Date:  Wednesday, April 21, 2021.
4. USITC Hearing Date:  Tuesday, April 12, 2022.
5. USITC Vote Date:  Wednesday, May 11, 2022.
6. USITC Notification to Commerce Date:  Tuesday, May 31, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers:  approximately 30,000 to 60,000.
2. Location of producers’ plants: North Dakota, South Dakota, California, Texas, Montana, Florida, Minnesota, and Michigan
3. Production and related workers:  1,360.
4. U.S. producers’ U.S. shipments:  $302 million.
5. Apparent U.S. consumption:  $690 million.
6. Ratio of subject imports to apparent U.S. consumption:  42.8 percent.

U.S. Imports in 2020:

1. Subject imports:  $296 million.
2. Nonsubject imports:  $93 million.
3. Leading import sources:  Argentina, Brazil, India, Vietnam.

The United States is the world's largest services market and continued to be the world’s leading exporter and importer of services in 2020, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2022 Annual Report (inv. no. 332-345).

The USITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually. Each year's report presents a qualitative and quantitative overview of U.S. trade in services and highlights some of the services sectors and geographic markets that contribute substantially to recent services trade performance.

This year’s report focuses on digital and electronic services and includes sections detailing trends in three specific industry categories: audiovisual services, computer services, and telecommunications services. Each section analyzes global market conditions, emerging trends, and the industry outlook in these categories.

The report describes trade in services via cross-border transactions through 2020 and via affiliate transactions through 2019 (latest available data). Highlights include:

• The services sector represents the largest sector of the U.S. economy, and the United States continued to be the world’s top cross-border exporter and importer of services. In 2020, U.S. exports of private services totaled $684.0 billion, whereas imports totaled $435.6 billion.
• Within the services sector, sales by the foreign affiliates of U.S. firms – the leading channel by which many U.S. services are delivered to foreign markets – totaled $1.8 trillion in 2019 while the value of services purchased from foreign-owned affiliates in the United States totaled $1.2 trillion.
• Digital and electronic services accounted for 16.1 percent of total cross-border services exports and 16.4 percent of imports in 2020. Digital and electronic services represented 23.9 percent of total sales by the foreign affiliates of U.S. firms and 15.9 percent of total purchases from the U.S. affiliates of foreign firms.
• U.S. digital and electronic services industries are highly competitive, and U.S. firms are among the global leaders in technology adoption and in research and development. By facilitating data and information flows, firms in the sector provide critical infrastructure to the U.S. and global economies. The report highlights important or emerging trends in selected industries.  In particular:
  • audiovisual services - the streaming of film and TV serials by subscription video-on-demand companies like Netflix is displacing traditional sources of entertainment, including movie theaters, pay-TV, and over-the-air broadcasting. In the user-generated content market, platforms like YouTube and TikTok have continually improved the sophisticated algorithms that customize the viewing experience for platform users and have been the single most important factor driving the growth of such platforms in terms of both viewing hours and advertising revenue.
  • computer services - the placement of new data centers is evolving to include locations at the “edge” of the network (to be closer to customers), on the seacoast (to be near undersea cable landings), and to locations with cooler climates (to reduce emissions and/or energy use). The COVID-19 pandemic forced millions of people into remote working arrangements, increasing the adoption of cloud software and services. During the pandemic, many people also spent more time at home, resulting in strong demand for video games and other at-home entertainment.
  • telecommunications services - country-level mobile services markets are driven by economic development and other policies, which impact a number of factors including the predominant mobile technologies used to offer services and the adoption of smartphones by the general populace. In recent years, U.S. cloud and content providers like Google and Facebook have sharply increased their activities and investments in undersea fiber optic cables that transmit data traffic internationally.

The USITC hosted its 15th annual services roundtable, which was held virtually on October 28, 2021. The discussion, summarized in the report, focused on the evolving concept of worker-centric services trade and the potential climate effects of services sector operations as well as the contribution of services industries toward mitigating adverse climate impacts.

Recent Trends in U.S. Services Trade, 2022 Annual Report (Investigation No. 332-345, USITC publication 5325, May 2022) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5325.pdf. A set of interactive, web-based presentations of underlying data is also available at: https://www.usitc.gov/publications/industry_econ_analysis_332/2022/recent_trends_us_services_trade_2022_annual_report.htm

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 Heavy Forged Hand Tools from China was instituted on December 1, 2021.

On March 7, 2022, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate. Commissioners Jason E. Kearns, Randolph J. Stayin, Rhonda K. Schmidtlein, and Amy A. Karpel voted for an expedited review. Commissioner David S. Johanson voted to conduct a full review.

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.

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation that will examine the impact of tariffs on U.S. imports under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) and section 301 of the Trade Act of 1974 (19 U.S.C. 2232) in effect as of March 15, 2022, as reflected in the Harmonized Tariff Schedule. The Commission’s report will provide detailed information on U.S. trade, production, and prices in the industries directly and most affected by these tariffs.

The Commission was directed to conduct this investigation, Economic Impact of Section 232 and 301 Tariffs on U.S. Industries, Inv. 332-591, as part of the Omnibus Appropriations Act, which was signed into law on March 15, 2022.

As directed, the USITC, an independent, nonpartisan, federal agency, will prepare a public report. The report will provide, to the extent practicable:

• background information on the Section 232 and 301 tariffs and an overview of the tariffs that were in effect as of March 15, 2022; and
• an economic analysis of the impact of these tariffs on U.S. trade, production, and prices in the industries most affected by these tariffs.

The USITC expects to submit its report to Congress by March 15, 2023.

The USITC will hold a public hearing in connection with the investigation, beginning at 9:30 a.m. on July 21, 2022. Information about the hearing, including how to participate or observe, will be posted on the Commission’s website no later than June 21, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm. 

Requests to appear at the hearing should be filed no later than 5:15 p.m. on July 6, 2022 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on August 24, 2022. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@USITC.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated May 5, 2022, which can be downloaded from the USITC Internet site (www.usitc.gov)  or may be obtained by contacting the Office of the Secretary at or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Iron Construction Castings from Brazil, Canada, and China were instituted on December 1, 2021.

On March 7, 2022, the Commission voted to conduct expedited reviews for these investigations. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that for these investigations, the domestic group response was adequate, and the respondent group response was inadequate.

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.