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News Release 17-131
Inv. No(s). 731-TA-847 and 849 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania 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 duty orders on imports of these products from Japan and Romania will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioner Irving A. Williamson voted in the affirmative. Commissioner Meredith M. Broadbent voted in the affirmative with respect to Japan and in the negative with respect to Romania.
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 Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania (Inv. Nos. 731-TA-847 and 849 (Third Review), USITC Publication 4731, October 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 31, 2017; 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 Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania were instituted on September 1, 2016.
On December 5, 2016, the Commission voted to conduct full reviews. With respect to Romania, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to Japan, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
A record of the Commission’s votes to conduct full 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 17-130
Inv. No(s). 731-TA-1185 (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 steel nails from the United Arab Emirates 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 the United Arab Emirates 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 Steel Nails from the United Arab Emirates (Inv. No. 731-TA-1185 (Review), USITC Publication 4729, September 2017) will contain the views of the Commission and information developed during the review.
The report will be available by October 20, 2017; 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 Steel Nails from the United Arab Emirates was instituted on April 3, 2017.
On July 7, 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 vote 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 17-129
Inv. No(s). 337-TA-1071
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless audio systems and components thereof. The products at issue in the investigation include speakers, soundbars, receivers, amplifiers, adapters, and audio systems that are typically used to wirelessly stream music or other audio from a device such as a smartphone or laptop to one or more speakers, soundbars, receivers, etc.
The investigation is based on a complaint filed by Broadcom Limited of San Jose, CA, and Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore on August 10, 2017. An amended complaint was filed on August 16, 2017, and supplements to the amended complaint were filed on August 30, 2017. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless audio systems and components thereof that infringe claim 20 of U.S. Patent No. 6,684,060. 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:
DTS, Inc., of Calabasas, CA;
Phorus, Inc., of Calabasas, CA;
MartinLogan, Ltd,. of Lawrence, KS;
Paradigm Electronics Inc. of Ontario, Canada;
Anthem Electronics, Inc., of Ontario Canada;
Wren Sound Systems, LLC, of Phoenixville, PA;
McIntosh Laboratory, Inc., of Binghamton, NY;
Definitive Technology of Owing Mills, MD; and
Polk Audio Inc. of Vista, CA.
By instituting this investigation (337-TA-1071), 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 17-128
Inv. No(s). 337-TA-1070
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain periodontal laser devices and components thereof. The products at issue in the investigation are periodontal lasers used in procedures to promote periodontal tissue regeneration.
The investigation is based on a complaint filed by Millennium Dental Technologies, Inc. of Cerritos, CA, on August 10, 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 periodontal laser devices and components thereof by reason of false advertising. 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:
Fotona d.o.o. of Ljubljana, Slovenia; and
Fotona, LLC of Dallas, TX.
By instituting this investigation (337-TA-1070), 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 17-127
Inv. No(s). 337-TA-1069
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pool and spa enclosures. The products at issue in the investigation are telescoping enclosures for outdoor pools and spas.
The investigation is based on a complaint filed by Aqua Shield, Inc., of West Babylon, NY, on May 10, 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 pool and spa enclosures 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 respondents in this investigation:
Inter Pool Cover Team of Slatinany, Czech Republic;
Alukov HZ Spol. S.R.O. of Slatinany, Czech Republic;
Alukov, Spol. S.R.O. of Nitra, Slovakia;
Pool & Spa Enclosures, LLC, of Monroe Township, NJ; and
Poolandspa.com of Las Vegas, NV.
By instituting this investigation (337-TA-1069), 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 17-126
Inv. No(s). 731-TA-539-C (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that terminating the suspended antidumping duty investigation on uranium from Russia 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 suspension agreement 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 Uranium from Russia (Inv. No. 731-TA-539-C (Fourth Review), USITC Publication 4727, September 2017) will contain the views of the Commission and information developed during the review.
The report will be available by October 11, 2017; 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 Uranium from Russia was instituted on December 1, 2016.
On May 8, 2017, the Commission voted to conduct an expedited review. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and F. Scott Kieff concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Meredith M. Broadbent concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate, but that circumstances warranted a full review.
A record of the Commission’s vote 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 17-125
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 or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the antidumping duty orders on certain circular welded pipe and tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey and the countervailing duty order on certain circular welded pipe and tube from Turkey.
As a result of the votes, the Commission will conduct expedited 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.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations 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 reviews, and information provided by the Department of Commerce.
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 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 "circular welded pipe and tube" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.
News Release 170124
Inv. No(s). 731-TA-865-867 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines.
As a result of the votes, the Commission will conduct expedited 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.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations 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 reviews, and information provided by the Department of Commerce.
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 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 "stainless steel butt-weld pipe fittings" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.
News Release 17-123
Inv. No(s). 337-TA-1068
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microfluidic devices. The products at issue in the investigation are certain microfluidic devices, commonly referred to as chips or cartridges, specifically designed to use either alone or in combination with genetic sequencing platforms.
The investigation is based on a complaint filed by Bio-Rad Laboratories, Inc., of Hercules, CA, and Lawrence Livermore National Security LLC of Livermore, CA, on July 31, 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 microfluidic devices 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 10X Genomics, Inc., of Pleasanton, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1068), 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 17-121
Inv. No(s). 731-TA-1339 (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 steel concrete reinforcing bar from Taiwan 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 determination, Commerce will issue an antidumping duty order on imports of this product from Taiwan.
The Commission’s public report Steel Concrete Reinforcing Bar from Taiwan (Investigation No. 731-TA-1339 (Final), USITC Publication 4724, September 2017) will contain the views of the Commission and information developed during the investigation.
The report will be available by October 3, 2017; 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 Concrete Reinforcing Bar from Taiwan
Investigation No. 731-TA-1339 (Final)
Product Description: The merchandise subject to this investigation is steel concrete reinforcing bar, commonly known as “rebar.” Rebar typically is used in construction applications to provide strength to concrete. Rebar may be imported in either straight lengths or coil form, but is subject to this investigation regardless of metallurgy, length, diameter, or grade or lack thereof. Plain rounds (non-deformed or smooth rebar), however, are excluded from the scope of the investigation.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty investigation.
2. Petitioners: Rebar Trade Action Coalition and its individual members: Byer Steel Group, Inc., Cincinnati, OH; Commercial Metals Company, Irving, TX; Gerdau Ameristeel U.S. Inc., Tampa, FL; Nucor Corp., Charlotte, NC; and Steel Dynamics, Inc., Pittsboro, IN.
3. USITC Institution Date: September 20, 2016.
4. USITC Hearing Date: May 18, 2017.
5. USITC Vote Date: August 30, 2017.
6. USITC Notification to Commerce Date: September 11, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 10.
2. Location of producers’ plants: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Illinois, Indiana, Mississippi, New Jersey, New York, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, and Virginia.
3. Production and related workers: 4,085.
4. U.S. producers’ U.S. shipments: $3.2 billion.
5. Apparent U.S. consumption: $3.9 billion.
6. Ratio of subject imports to apparent U.S. consumption: 17.8 percent.
U.S. Imports in 2016:
1. Subject imports: $700.7 million.
2. Nonsubject imports: $79.0 million.
3. Leading import sources: Turkey, Japan, and Taiwan.