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Bulletin 18-008
Inv. No(s). Inv. No. 731-TA-709 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of seamless carbon and alloy steel standard, line, and pressure pipe from Germany 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 Germany will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany (Inv. No. 731-TA-709 (Fourth Review), USITC Publication 4760, February 2018) will contain the views of the Commission and information developed during the review.
The report will be available by March 6, 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany was instituted on August 1, 2017.
On November 6, 2017, the Commission voted to conduct an expedited review. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s votes to conduct an expedited 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.
News Release 18-015
Inv. No(s). 701-TA-578 and 731-TA-1368
Contact: Peg O'Laughlin, 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 100- to 150-seat large civil aircraft from Canada that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold at less than fair value.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the negative.
As a result of the USITC’s negative determinations, no antidumping or countervailing duty orders will be issued.
The Commission’s public report 100- to 150-Seat Large Civil Aircraft from Canada (Investigation Nos. 701-TA-578 and 731-TA-1368 (Final), USITC Publication 4759, February 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 2, 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
100- to 150-Seat Large Civil Aircraft from Canada
Investigation Nos. 701-TA-578 and 731-TA-1368 (Final)
Product Description: 100- to 150-seat large civil aircraft are aircraft that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty investigations.
2. Petitioner: The Boeing Company, Chicago, Illinois.
3. USITC Institution Date: April 27, 2017.
4. USITC Hearing Date: December 18, 2017.
5. USITC Vote Date: January 26, 2018.
6. USITC Notification to Commerce Date: February 13, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: One.
2. Location of producers’ plants: Montana, South Carolina, Utah, and Washington.
3. Production and related workers: [1]
4. Apparent U.S. consumption: 1
5. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2016:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: N/A
[1] Withheld to avoid disclosure of business proprietary information.
News Release 18-014
Inv. No(s). 337-TA-1098
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain subsea telecommunication systems and components thereof. The products at issue in the investigation are systems and components of long-haul subsea telecommunication systems, including terminals, also known as dry plants.
The investigation is based on a complaint filed by Neptune Subsea Acquisitions Ltd. and Neptune Subsea IP Ltd., both of Harold Wood, Essex, the United Kingdom, and Xtera, Inc., of Allen, TX, on December 22, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain subsea telecommunication systems and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Nokia Corporation of Espoo, Finland;
Nokia Solutions and Networks B.V. of Hoofddorp, The Netherlands;
Nokia Solutions and Networks Oy of Espoo, Finland;
Alcatel-Lucent Submarine Networks SAS of Boulogne Billancourt, France;
Nokia Solutions and Networks US LLC of Phoenix, AZ;
NEC Corporation of Tokyo, Japan;
NEC Networks & System Integration Corporation of Tokyo, Japan; and
NEC Corporation of America of Irving, TX.
By instituting this investigation (337-TA-1098), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 18-013
Inv. No(s). 337-TA-1097
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain solid state storage drives, stacked electronic components, and products containing same. The products at issue in the investigation are various types of memory devices, including solid state storage drives and DRAM/processor devices and products such as laptops and mobile devices containing these memory devices.
The investigation is based on a complaint filed by BiTMICRO, LLC, of Reston, VA, on December 21, 2017. An amended complaint was filed on January 9, 2018. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain solid state storage drives, stacked electronic components, and products containing 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 respondents in this investigation:
Samsung Electronics Co., Ltd., of Suwon, Gyeonggi-do, Republic of Korea;
Samsung Semiconductor, Inc., of San Jose, CA;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
SK Hynix Inc. of Gyeonggi-do, Republic of Korea;
SK Hynix America Inc. of San Jose, CA;
Dell Inc. of Round Rock, TX;
Dell Technologies Inc. of Round Rock, TX;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
HP Inc. of Palo Alto, CA;
Hewlett Packard Enterprise Co. of Palo Alto, CA;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
VAIO Corporation of Azumino, Japan; and
Transcosmos America Inc. of Gardena, CA.
By instituting this investigation (337-TA-1097), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 18-012
Inv. No(s). Inv. Nos. 701-TA-442 and 731-TA-1095-1096 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order imports of lined paper school supplies from China and the existing antidumping and countervailing duty orders on imports of these products from India 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 antidumping and countervailing duty orders on imports of these products from China and India will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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 Lined Paper School Supplies from China and India (Inv. Nos. 701-TA-442 and 731-TA-1095-1096 (Second Review), USITC Publication 4758, February 2018) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 23, 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) reviews concerning Lined Paper School Supplies from China and India were instituted on July 3, 2017.
On October 6, 2017, the Commission voted to conduct expedited reviews. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s votes 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 18-011
Inv. No(s). 337-TA-1096
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microperforated packages containing fresh produce. The products at issue in the investigation are packaging containing fresh produce with microperforations in a nonporous, polymeric packaging material to control and maintain desired oxygen and carbon dioxide concentration for fresh produce contained within the packaging.
The investigation is based on a complaint filed by Windham Packaging LLC of Windham, NH, on November 13, 2017. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain microperforated packaging containing fresh produce that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondent in this investigation:
Alpine Fresh, lnc., of Miami, FL;
Apio, Inc., Guadalupe, CA;
B&G Foods North America, Inc., of Parsippany, NJ;
Glory Foods, Inc., of Columbus, OH; and
Taylor Farms California, Inc., of Salinas, CA.
By instituting this investigation (337-TA-1096), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 18-010
Inv. No(s). 337-TA-1095
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain load supporting systems, including composite mat systems, and components thereof. The products at issue in the investigation are large composite mats that are used to establish temporary surfaces for supporting large items, such as trucks, tanks, and oil and gas drilling operations.
The investigation is based on a complaint filed by Newpark Mats & Integrated Services LLC of The Woodlands, TX, on December 15, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain load supporting systems, including composite mat 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:
Checkers Industrial Products, LLC, of Broomfield, CO;
Checkers Safety Group UK LTD of Altrincham, Cheshire, United Kingdom; and
Zigma Ground Solutions LTD of Stansted, Essex, United Kingdom.
By instituting this investigation (337-TA-1095), 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 17-009
Inv. No(s). 337-TA-1094
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain IoT devices and components thereof (IOT, the Internet of Things) – web applications displayed on a web browser. The products at issue in the investigation are electronic devices such as smartphones and tablets with certain types of web applications that can be used to perform commercial transactions over the Internet.
The investigation is based on an amended complaint filed by Lakshmi Arunachalam, Ph.D., and WebXchange, Inc., both of Menlo Park, CA, on November 7, 2017. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain IOT devices and components thereof that infringe a patent 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 respondent in this investigation:
Apple Inc. of Cupertino, CA;
Facebook, Inc., of Menlo Park, CA;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Electronics Co., Ltd., of Seoul, South Korea.
By instituting this investigation (337-TA-1094), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 18-008
Contact: Peg O'Laughlin, 202-205-1819
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 common alloy aluminum sheet from China that are allegedly subsidized and sold in the United States at less than fair value.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations, with its preliminary countervailing duty determination due on or about February 1, 2018, and its antidumping duty determinations due on or about April 17, 2018.
The Commission’s public report Common Alloy Aluminum Sheet from China (Inv. Nos. 701-TA-591 and 731-TA-1399 (Preliminary), USITC Publication 4757, January 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available after February 13, 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
Common Alloy Aluminum Sheet from China
Investigation Nos: 701-TA-591 and 731-TA-1399 (Preliminary)
Product Description: Common alloy aluminum sheet (CAAS) is a thin flat-rolled aluminum product. It has a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. CAAS within the scope of these investigations include both not clad and multi-alloy clad aluminum sheet. Not clad aluminum can be produced from a 1XXX, 3XXX, or 5XXX series alloy, while multi-alloy clad CAAS is produced using a 3XXX series alloy core, to which cladding layers are applied to either one or both sides of the core. CAAS in this instance specifically excludes can stock used in the manufacturing of aluminum beverage cans, lids, and tabs for such cans. CAAS is used in applications such as building and construction, electrical, infrastructure, marine, and transportation, among others.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Self-initiated by the U.S. Department of Commerce (Washington, D.C.).
3. USITC Institution Date: Friday, December 01, 2017.
4. USITC Conference Date: Thursday, December 21, 2017.
5. USITC Vote Date: Friday, January 12, 2018.
6. USITC Notification to Commerce Date: Tuesday, January 16, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 9.
2. Location of producers’ plants: Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Missouri, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
3. Production and related workers: 5,472.
4. U.S. producers’ U.S. shipments: $2.9 billion.
5. Apparent U.S. consumption: $5.0 billion.
6. Ratio of subject imports to apparent U.S. consumption: 13.1 percent.
U.S. Imports in 2016:
1. Subject imports: $656.9 million.
2. Nonsubject imports: $1.5 billion.
3. Leading import sources: China, Canada, Bahrain, Germany.
News Release 18-007
Inv. No(s). 701-TA-590 and 731-TA-1397-1398 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of imports of sodium gluconate, gluconic acid, and derivative products from China that are allegedly subsidized and sold in the United States at less than fair value.
The Commission further determined that there is not a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of these imports from France that are allegedly sold in the United States at less than fair value.
Vice Chairman David S. Johanson and Commissioners Irving A. Williamson and Meredith M. Broadbent made affirmative threat determinations with respect to China and voted in the negative with respect to France. Chairman Rhonda K. Schmidtlein made affirmative present injury determinations with respect to both China and France.
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 these products from China, with its preliminary countervailing duty determination due on or about February 23, 2018, and its antidumping duty determination due on or about May 9, 2018. As a result of the Commission’s negative determination, the investigation with respect to France will end.
The Commission’s public report Sodium Gluconate, Gluconic Acid, and Derivative Products from China and France (Inv. Nos. 701-TA-590 and 731-TA-1397-1398 (Preliminary), USITC Publication 4756, January 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available after February 13, 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 and France
Investigation Nos: 701-TA-590 and 731-TA-1397-1398 (Preliminary)
Product Description: Sodium gluconate ("GNA"), gluconic acid ("GA"), and derivative products are primarily produced from corn-based liquid glucose. The products covered in this investigation's scope 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: Preliminary 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 Conference Date: Thursday, December 21, 2017.
5. USITC Vote Date: Friday, January 12, 2018.
6. USITC Notification to Commerce Date: Tuesday, January 16, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 1.
2. Location of producers’ plants: Illinois.
3. Production and related workers: [1]
4. U.S. producer’s 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 2016:
1. Subject imports: $11.8 million.
2. Nonsubject imports: $2.0 million.
3. Leading import sources: China, France, Italy.
[1] Withheld to avoid disclosure of business proprietary information.