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News Release 18-006
Inv. No(s). 731-TA-672-673 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping orders on silicomanganese from China and Ukraine.
As a result of the votes, the Commission will conduct full reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.
With respect to China, Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson 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. With respect to Ukraine, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and 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 votes on these matters 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 record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search “silicomanganese” using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.
News Release 18-005
Inv. No(s). 701-TA-576-577 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of cold-drawn mechanical tubing from China and India that the U.S. Department of Commerce (Commerce) has determined are subsidized by the governments of China and India.
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 USITC’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from China and India.
The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from China. As a result, subsidized imports of cold-drawn mechanical tubing from China will not be subject to retroactive countervailing duties.
The Commission’s public report Cold-Drawn Mechanical Tubing from China and India (Investigation Nos. 701-TA-576-577 (Final), USITC Publication 4755, January 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by February 14, 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
Cold-Drawn Mechanical Tubing from China and India
Investigation Nos. 701-TA-576-577 (Final)
Product Description: The scope of these investigations covers cold-drawn mechanical tubing of carbon and alloy steel of circular cross-section, 304.8 mm or more in length, in actual outside diameters of less than 331 mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both, and may be produced from either welded or seamless carbon or alloy steel tubular products.
Status of Proceedings:
1. Type of investigation: Final countervailing duty investigations.
2. Petitioners: ArcelorMittal Tubular Products, Shelby, Ohio; Michigan Seamless Tube LLC, South Lyon, Michigan; PTC Alliance Corp., Wexford, Pennsylvania; Webco Industries Inc., Sand Springs, Oklahoma; and Zekelman Industries Inc., Farrell, Pennsylvania.
3. USITC Institution Date: Wednesday, April 19, 2017.
4. USITC Hearing Date: Wednesday, December 6, 2017.
5. USITC Vote Date: Friday, January 5, 2018.
6. USITC Notification to Commerce Date: Wednesday, January 24, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 8.
2. Location of producers’ plants: Illinois, Indiana, Michigan, Ohio, Oklahoma, and Pennsylvania.
3. Production and related workers: 1,802.
4. U.S. producers’ U.S. shipments: $530.8 million.
5. Apparent U.S. consumption: $774.4 million.
6. 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: India, Germany, China, and Switzerland.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 18-004
Inv. No(s). 701-TA-253 and 731-TA-132, 252, 271, 273, 532-534, and 536 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing and antidumping duty orders on imports of circular welded pipe and tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey 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 Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey 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 Circular Welded Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey (Inv. Nos. 701-TA-253 and 731-TA-132, 252, 271, 273, 532-534, and 536 (Fourth Review), USITC Publication 4754, January 2018) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 8, 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 Circular Welded Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey were instituted on June 1, 2017.
On September 5, 2017, the Commission voted to conduct expedited reviews. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioner Irving A. Williamson concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Meredith M. Broadbent concluded that the domestic group response for these reviews was adequate. With respect to Turkey, she concluded that the respondent group response was adequate and voted to conduct full reviews. With respect to Brazil, India, Korea, Mexico, Taiwan, and Thailand, she concluded that the respondent group responses were inadequate, but to promote administrative efficiency voted to conduct full 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 18-003
Inv. No(s). 337-TA-1093
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile electronic devices and radio frequency and processing components thereof. The products at issue in the investigation are primarily certain smartphone models offered by Apple, Inc. that incorporate technologies to enhance carrier aggregation functionality, power-efficient radio frequency (RF) signal reception, power-efficient processor and memory architectures, and image processing.
The investigation is based on a complaint filed by Qualcomm Incorporated of San Diego, CA, on November 30, 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 mobile electronic devices and radio frequency and processing components thereof 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 Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1093), 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 18-002
Inv. No(s). 337-TA-1092
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain self-anchoring beverage containers. The products at issue in the investigation are beverage containers that attach themselves to surfaces on which they are put (such as desks or tables), making it difficult to knock them over, while still allowing users to pick them up.
The investigation is based on an amended complaint filed by Alfay Designs, Inc., of Rahway, NJ; Mighty Mug, Inc., of Rahway, NJ; and Harry Zimmerman of Los Angeles, CA, on December 1, 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 self-anchoring beverage containers that infringe patents and a registered trademark asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Telebrands, Corp. of Fairfield, NJ;
HIRALIY of Guangdong Province, China;
Chekue (Shenzhen Chekue Trading Co. Ltd.) of Guangdong Province, China;
Tapcet (Guangzhou Tinghui Trade Co., Ltd.) of Guangdong Province, China;
OUOH (Zhejiang OUOH Houseware Co., Ltd.) of Zhejiang Province, China;
DevBattles of Ternopil, Ukraine;
OTELAS, MB of Klaipeda, Lithuania; and
Artiart Limited of Taipei, Taiwan.
By instituting this investigation (337-TA-1092), 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 18-001
Inv. No(s). 701-TA-575
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of tool chests and cabinets from China that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of China.
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 USITC’s affirmative determinations, Commerce will issue a countervailing duty order on imports of this product from China.
The Commission’s public report Tool Chests and Cabinets from China. (Investigation No. 701-TA-575 (Final), USITC Publication 4753, January 2018) will contain the views of the Commission and information developed during the investigation.
The report will be available by February 6, 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
Tool Chests and Cabinets from China
Investigation No. 701-TA-575 (Final)
Product Description: Tool chests and cabinets are designed for the storage of tools and equipment. They have bodies that are generally made from carbon, alloy, or stainless steel, but can be produced from other metals. The subject merchandise includes top chests, intermediate chests, tool cabinets, side cabinets, mobile work benches and work stations, and metal storage units that have two or more drawers, meet specified physical dimensions, and are prepackaged for retail sale. Tool chests and cabinets can be sold individually or in sets that include a cabinet and one or more chests that stack on top on the cabinet. Tool chests and cabinets can be differentiated by size, color, number and load rating of drawers, type of drawer slides, type of latching system, type and thickness of primary construction material, lock type, type and load rating of casters or wheels, and total load rating and storage capacity. Not covered by the scope of these investigations are tool boxes, chests and cabinets with bodies made entirely of plastic, carbon fiber, wood, or other non-metallic substances; portable tool boxes; and industrial grade tool chests and cabinets.
Status of Proceedings:
1. Type of investigation: Final countervailing duty investigation.
2. Petitioner: Waterloo Industries Inc., Sedalia, Missouri.
3. USITC Institution Date: April 11, 2017.
4. USITC Hearing Date: November 28, 2017.
5. USITC Vote Date: January 3, 2018.
6. USITC Notification to Commerce Date: January 16, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: Two.
2. Location of producers’ plants: Illinois and Missouri.
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 2016:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China and Vietnam.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 17-184
Inv. No(s). 731-TA-1349, 1352, adn 1357 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of carbon and certain alloy steel wire rod from Belarus, Russia, and the United Arab Emirates that the U.S. Department of Commerce (Commerce) has determined are 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 USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Belarus, Russia, and the United Arab Emirates.
The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from Russia. As a result, imports of carbon and certain alloy steel wire rod from Russia will not be subject to retroactive antidumping duties.
The Commission’s public report Carbon and Certain Alloy Steel Wire Rod from Belarus, Russia, and the United Arab Emirates. (Investigation Nos. 731-TA-1349, 1352, and 1357 (Final), USITC Publication 4752, January 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 24, 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
Carbon and Certain Alloy Steel Wire Rod from Belarus, Russia, and the United Arab Emirates
Investigation Nos: 731-TA-1349, 1352, and 1357 (Final)
Product Description: Certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter. Wire rod is an intermediate good that is primarily used for subsequent drawing and finishing for wire drawers.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Charter Steel, Saukville, WI; Gerdau Ameristeel US Inc., Tampa, FL; Keystone Consolidated Industries, Inc., Peoria, IL; Nucor Corporation, Charlotte, NC.
3. USITC Institution Date: March 28, 2017.
4. USITC Hearing Date: November 16, 2017.
5. USITC Vote Date: December 19, 2017.
6. USITC Notification to Commerce Date: January 11, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 8.
2. Location of producers’ plants: Arizona, California, Colorado, Connecticut, Florida, Illinois, Nebraska, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Texas, and Wisconsin.
3. Production and related workers: 2,222.
4. U.S. producers’ U.S. shipments: $1.8 billion.
5. Apparent U.S. consumption: $2.8 billion.
6. Ratio of subject imports to apparent U.S. consumption: 10.5 percent.[1]
U.S. Imports in 2016:
- Subject imports: $298.2 million.1
- From Belarus, Russia, and United Arab Emirates: $54.4 million.
- From Italy, Korea, South Africa, Spain, Turkey, Ukraine, and the United Kingdom: $243.8 million.
- Nonsubject imports: $703.2 million.
- Leading import sources: Canada, Ukraine, Korea, Turkey, and Spain.
[1] Subject imports include Belarus, Russia, and the United Emirates as well as other subject countries (Italy, Korea, South Africa, Spain, Turkey, and Ukraine).
# # #
News Release 17-183
Inv. No(s). 337-TA-1091
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain color intraoral scanners and related hardware and software. The products at issue in the investigation are color optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.
The investigation is based on a complaint filed by Align Technology, Inc. of San Jose, CA, on November 14, 2017 and amended on December 4, 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 color intraoral scanners and related hardware and software 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:
3Shape A/S, of Copenhagen, Denmark; and
3Shape, Inc., of Warren, NJ.
By instituting this investigation (337-TA-1091), 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 17-182
Inv. No(s). 337-TA-1090
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain intraoral scanners and related hardware and software. The products at issue in the investigation are optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.
The investigation is based on a complaint filed by Align Technology, Inc. of San Jose, CA, on November 14, 2017 and amended on December 4, 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 intraoral scanners and related hardware and software 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:
3Shape A/S, of Copenhagen, Denmark; and
3Shape, Inc., of Warren, NJ.
By instituting this investigation (337-TA-1090), 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 17-177
Inv. No(s). 701-TA-571-572 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of biodiesel from Argentina and Indonesia that the U.S. Department of Commerce (Commerce) has determined are subsidized.
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 USITC’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from Argentina and Indonesia.
The Commission’s public report Biodiesel from Argentina and Indonesia (Investigation Nos. 701-TA-571-572 (Final), USITC Publication 4748, December 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 11, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
FACTUAL HIGHLIGHTS
Product Description: Biodiesel is a fuel made from many types of vegetable oils, such as soybean oil, palm oil, and canola oil; animal fats; and used cooking oils. It is used most frequently as a substitute for petroleum-based diesel (diesel) in the transportation sector, usually in blends of 2 to 20 percent biodiesel. Biodiesel is also used as a heating fuel (fuel oil), primarily in the northeastern United States.
Status of Proceedings:
1. Type of investigation: Final phase countervailing duty investigations.
2. Petitioners: National Biodiesel Board Fair Trade Coalition, Washington, DC, and its individual members.
3. USITC institution: March 23, 2017.
4. USITC hearing: November 9, 2017.
5. USITC vote (countervailing duty): December 5, 2017.
6. USITC notification to Commerce (countervailing duty): December 21, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 25
2. Location of producers’ plants: Alabama, Arkansas, California, Connecticut, Georgia, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Texas.
3. Production and related workers: 1,215.
4. U.S. producers’ U.S. shipments: $3.6 billion.
5. Apparent U.S. consumption: $5.7 billion.
6. Ratio of subject imports to apparent U.S. consumption: 28.4 percent.
U.S. Imports in 2016:
1. Subject imports: $1.6 billion.
2. Nonsubject imports: $496.3 million.
3. Leading import sources: Argentina, Canada, and Indonesia.