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News Release 17-122
Inv. No(s). 701-TA-382 and 731-TA-800, 801, and 803 (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 stainless steel sheet and strip from Japan, Korea, and Taiwan 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 this product from Japan, Korea, and Taiwan and the existing countervailing duty order on imports of this product from Korea 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 Stainless Steel Sheet and Strip from Japan, Korea, and Taiwan (Inv. Nos. 701-TA-382 and 731-TA-800, 801, and 803 (Third Review), USITC Publication 4725, September 2017) will contain the views of the Commission and information developed during the reviews.
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) reviews concerning Stainless Steel Sheet and Strip from Japan, Korea, and Taiwan were instituted on July 1, 2016.
On October 4, 2016, the Commission voted to conduct full reviews. With respect to Korea, all six Commissioners concluded that both the domestic and respondent group responses were adequate and voted for a full review. With respect to Taiwan, 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. With respect to Japan, Chairman Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioners Dean A. Pinkert, Meredith M. Broadbent, and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review; Commissioner F. Scott Kieff concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
A record of the Commission’s vote 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 17-120
Inv. No(s). 701-TA-583 and 731-TA-1381 (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 materially injured by reason of imports of cast iron soil pipe fittings 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 to conduct its antidumping and countervailing duty investigations on imports of this product from China, with its preliminary countervailing duty determination due on or about October 6, 2017, and its preliminary antidumping duty determination due on or about December 20, 2017.
The Commission’s public report Cast Iron Soil Pipe Fittings from China (Inv. Nos. 701-TA-583 and 731-TA-1381 (Preliminary), USITC Publication 4722, September 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 26, 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
Cast Iron Soil Pipe Fittings from China
Investigation Nos. 701-TA-583 and 731-TA-1381 (Preliminary)
Product Description: The merchandise covered by this investigation is cast iron soil pipe fittings, finished and unfinished, regardless of industry or proprietary specifications, and regardless of size. Cast iron soil pipe fittings are nonmalleable iron castings of various designs and sizes, including, but not limited to, bends, tees, wyes, traps, drains, and other common or special fittings, with or without side inlets. Cast iron soil pipe fittings are classified into two major types—hubless and hub and spigot. Hubless cast iron soil pipe fittings are manufactured without a hub, generally in compliance with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or American Society for Testing and Materials (ASTM) specification A888. Hub and spigot pipe fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. Cast iron soil pipe fittings are generally distinguished from other types of nonmalleable cast iron fittings by the manner in which they are connected to cast iron soil pipe and other fittings.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Cast Iron Soil Pipe Institute, Mundelein, IL.
3. Preliminary investigations instituted by the USITC: July 13, 2017.
4. Commission’s conference: August 3, 2017.
5. USITC vote: August 25, 2017.
6. USITC determinations to the U.S. Department of Commerce: August 28, 2017.
7. USITC views to the U.S. Department of Commerce: September 5, 2017.
U.S. Industry:
1. Number of producers in 2016: Three.
2. Location of producers’ plants: California, North Carolina, and Texas.
3. Employment of production and related workers in 2016: [1]
4. Apparent U.S. consumption in 2016: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2016: 1
U.S. Imports:
1. From the subject countries during 2016: $9.8 million.
2. From other countries during 2016: $292,000.
3. Leading sources during 2016: China (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 17-119
Inv. No(s). 337-TA-1167
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain road milling machines and components thereof. The products at issue in the investigation are used to mill asphalt and concrete pavement to create an even base for the construction of a new surface. The accused products include road milling machines, and components of a road milling machine such as: scrapers, auxiliary drives, height-adjustable lighting columns, milling drum uncoupling functionality and hydraulically stabilized chassis.
The investigation is based on a complaint filed by Wirtgen America, Inc., of Antioch, TN, on July 19, 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 road milling machines 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:
Caterpillar Bitelli SpA of Minerbio BO, Italy;
Caterpillar Prodotti Stradali S.r.L. of Minerbio BO, Italy;
Caterpillar Americas CV of Geneva, Switzerland;
Caterpillar Paving Products, Inc., of Minneapolis, MN; and
Caterpillar Inc. of Peoria, IL.
By instituting this investigation (337-TA-1067), 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 17-118
Inv. No(s). 731-TA-1380 (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 materially injured by reason of imports of tapered roller bearings from Korea that are allegedly sold in the United States at less than fair value.
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 negative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its antidumping duty investigation on imports of this product from Korea, with its preliminary antidumping duty determination due on or about December 5, 2017.
The Commission’s public report Tapered Roller Bearings (TRBs) from Korea (Inv. No. 731-TA-1380 (Preliminary), USITC Publication 4721, August 2017) will contain the views of the Commission and information developed during the investigation.
The report will be available after September 11, 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
Tapered Roller Bearings (TRBs) from Korea
Investigation Nos. 731-TA-1380 (Preliminary)
Product Description: The scope of this investigation covers all tapered roller bearings with a nominal outside cup diameter of eight inches and under, regardless of type of steel used to produce the bearing, whether of inch or metric size, and whether the tapered roller bearing is a thrust bearing or not. Such tapered roller bearings include finished cup and cone assemblies entering as a set, finished cone assemblies entering separately, and finished parts (cups, cones, and tapered rollers). These tapered roller bearings are sold individually as a set (cup and cone assembly), as a cone assembly, as a finished cup, or packaged as a kit with one or several tapered roller bearings, a seal, and grease. The scope of the investigation includes finished rollers and finished cones that have not been assembled with rollers and a cage. Tapered roller bearings can be a single row or multiple rows (e.g., two- or four-row), and a cup can handle a single cone assembly or multiple cone assemblies.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping duty investigation.
2. Petitioners: The Timken Company, North Canton, Ohio.
3. Preliminary investigations instituted by the USITC: Wednesday, June 28, 2017.
4. Commission’s conference: Wednesday, July 19, 2017.
5. USITC vote: Friday, August 11, 2017.
6. USITC determinations to the U.S. Department of Commerce: Monday, August 14, 2017.
7. USITC views to the U.S. Department of Commerce: Monday, August 21, 2017.
U.S. Industry:
1. Number of producers in 2016: Five.
2. Location of producers’ plants: Alabama, Illinois, Michigan, North Carolina, Ohio, South Carolina, Tennessee, and Virginia.
3. Employment of production and related workers in 2016: [1]
4. U.S. producers’ U.S. shipments in 2016: 1
5. Apparent U.S. consumption in 2016: 1
6. Ratio of the value of total U.S. imports to total U.S. consumption in 2016: 1
U.S. Imports:
1. From the subject countries during 2016: $59.8 million.
2. From other countries during 2016: $590.9 million.
3. Leading sources during 2016: Canada, Japan, Korea.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 17-117
Inv. No(s). 731-TA-1378-1379 (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 materially injured by reason of imports of low melt polyester staple fiber from Korea and Taiwan that are allegedly 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 to conduct its antidumping duty investigations on imports of this product from Korea and Taiwan, with its preliminary antidumping duty determinations due on or about December 4, 2017.
The Commission’s public report Low Melt Polyester Staple Fiber from Korea and Taiwan (Inv. Nos. 731-TA-1378-1379 (Preliminary), USITC Publication 4720, August 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 8, 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
Low Melt Polyester Staple Fiber from Korea and Taiwan
Investigation Nos. 731-TA-1378-1379 (Preliminary)
Product Description: Low melt polyester staple fiber (PSF) is a synthetic (manmade) staple fiber, not carded, combed or otherwise processed for spinning, made entirely of polyester. It is similar in appearance to cotton or wool fiber when baled. It is most commonly comprised of a pure polyester core and a pure polyester outer sheath. The sheath, which melts at a lower temperature (approximate melt point of 90°C to 220°C) than the core (approximate melt point of 250°C), provides a stable structure that allows the fiber to be processed smoothly into another form and acts as an agent for thermal-bonding to the core polymer. Low melt PSF can be used in nonwoven products for a broad spectrum of downstream industries - automotive (door trim, dash pads, wheel guards, carpets, trunk and hood liners), industrial purposes (soundproofing and insulation for construction, water and air filtration (such as air-filtering face masks), and hygienic products (wipes, diapers, sanitary and medical goods, etc.).
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty investigations.
2. Petitioners: Nan Ya Plastics Corporation, America, Livingston, NJ.
3. USITC Institution Date: Tuesday, June 27, 2017.
4. USITC Conference Date: Tuesday, July 18, 2017.
5. USITC Vote Date: Thursday, August 10, 2017.
6. USITC Notification to Commerce Date: Friday, August 11, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: South Carolina and Tennessee.
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: $114.2 million.
2. Nonsubject imports: $2.8 million.
3. Leading import sources: Korea, Taiwan, China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 17-116
Inv. No(s). 337-TA-1066
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain recombinant Factor IX products. The products at issue in the investigation are certain recombinant Factor IX products for treatment of hemophilia B.
The investigation is based on a complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC, all of Waltham, MA, on July 7, 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 recombinant Factor IX products that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
CSL Behring LLC of King of Prussia, PA;
CSL Behring GmbH of Marburg, Hessen, Germany; and
CSL Behring Recombinant Facility AG of Bern, Switzerland.
By instituting this investigation (337-TA-1066), 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 17-115
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 mobile electronic devices, such as the iPhone 7, and specific components for such devices, such as baseband processor modems.
The investigation is based on a complaint filed by Qualcomm Incorporated of San Diego, CA, on July 7, 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-1065), 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 17-114-Cor
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees a final report on miscellaneous tariff petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).
The Commission’s final report and other background information can be found here: https://mtbps.usitc.gov/external/. The submission of the final report marks the completion of the first petition cycle required by the law.
In this report, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or for which the Commission determined that the petitioner was not a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).
The Commission’s final report provides recommendations on 2,524 petitions. The largest product categories were chemicals, accounting for 1,464 petitions; machinery and equipment, accounting for 457 petitions; and textiles, apparel and footwear, accounting for 456 petitions. Of the 2,524 petitions, the Commission assigned 1,827 to Categories I through IV, 54 to Category V, and 643 to Category VI. [Numbers corrected.]
Enacted in May 2016, the AMCA mandates two petition submission cycles, during which petitioners who can demonstrate that they are likely beneficiaries of a suspension or reduction of duties submit petitions to the USITC. The first cycle began October 15, 2016, and the second will begin by October 15, 2019. Under the process, once petitions are submitted, the USITC evaluates them and, taking into account information from the Department of Commerce and U.S. Customs and Border Protection, determines whether they meet certain statutory requirements. The USITC submits preliminary and final reports to the House Committee on Ways and Means and the Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration.
News Release 17-113
Inv. No(s). 731-TA-663 (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 paper clips from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing antidumping duty order on imports of this product from China will remain in place.
Chairman 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 Paper Clips from China (Inv. No. 731-TA-663 (Fourth Review), USITC Publication 4719, August 2017) will contain the views of the Commission and information developed during the review.
The report will be available by September 14, 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 Paper Clips from China was instituted on June 1, 2016.
On September 6, 2016, the Commission voted to conduct a full review. Vice Chairman David S. Johanson and Commissioners Meredith M. Broadbent and F. Scott Kieff concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Chairman Irving A. Williamson and Commissioners Dean A. Pinkert and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 17-110
Inv. No(s). 731-TA-860 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year (“sunset”) review concerning the antidumping order on tin- and chromium-coated steel sheet from Japan.
As a result of the vote, the Commission will conduct a full review to determine whether revocation of the order 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.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.
A record of the Commission’s vote on this matter 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 vote 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 “tin- and chromium-coated steel sheet” 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 review.