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News Release 17-051
Inv. No(s). 337-TA-1048
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain intravascular administration sets and components thereof. The products at issue in the investigation are infusion therapy products such as infusion pumps and disposable tubing assembly used with the pump for intravenously delivering nutrients or medication into a patient’s body.
The investigation is based on a complaint filed by Curlin Medical, Inc. and Moog, Inc., both of East Aurora, NY, and ZEVEX, Inc., of Salt Lake City, UT, on March 13, 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 intravascular administration sets and components thereof that allegedly 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 Yangzhou WeiDeLi Trade Co., Ltd., of Yangzhou, China, as the respondent in this investigation.
By instituting this investigation (337-TA-1048), 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 17-050
Inv. No(s). 731-TA-410
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on Light-Walled Rectangular Pipe and Tube from Taiwan.
As a result of the vote, the Commission will conduct an expedited 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.
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, Meredith M. Broadbent, 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.
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 “light-walled rectangular pipe” 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 this review. The Commission will issue a report after it completes its review.
News Release 17-049
Inv. No(s). 731-TA-703 (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”) review concerning the antidumping duty order on Fufuryl Alcohol from China.
As a result of the vote, the Commission will conduct an expedited 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.
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, and Commissioners Irving A. Williamson, Meredith M. Broadbent, 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. Vice Chairman David S. Johanson 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 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 “furfuryl alcohol” 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 this review. The Commission will issue a report after it completes its review.
News Release 17-046
Inv. No(s). 337-TA-1047
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices and consumer audiovisual products containing same. The products at issue in the investigation are semiconductors and consumer audiovisual products containing those semiconductors, such as digital televisions (“DTVs”), set-top boxes, Blu-Ray disc players, DVD players/recorders, DTV/DVD combinations, DTV/Blu-Ray combinations, multimedia streaming players, home theater systems, and other similar audiovisual devices and systems.
The investigation is based on a complaint filed by Broadcom Corporation of Irvine, CA, on March 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 semiconductor devices and consumer audiovisual products containing same that allegedly 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:
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
MStar Semiconductor Inc. of ChuPei Hsinchu Hsien, Taiwan;
Sigma Designs, Inc., of Fremont, CA;
LG Electronics Inc. of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Funai Electric Company, Ltd., of Osaka, Japan;
Funai Corporation, Inc., of Rutherford, NJ;
P&F USA, Inc., of Alpharetta, GA; and
Vizio, Inc., of Irvine, CA.
By instituting this investigation (337-TA-1047), 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 17-045
Inv. No(s). 337-TA-1046
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain non-volatile memory devices and products containing same. The products at issue in the investigation are flash memory devices and products containing same such as memory cards, solid-state drives, digital camcorders, car navigation systems, and other consumer electronics.
The investigation is based on a complaint filed by Macronix International Co., Ltd., of Hsin-chu, Taiwan, and Macronix America, Inc., of Milpitas, CA, on March 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 non-volatile memory devices and products containing same that allegedly 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:
Toshiba Corporation of Tokyo, Japan;
Toshiba America, Inc., of New York, NY;
Toshiba America Electronic Components, Inc., of Irvine, CA;
Toshiba America Information Systems, Inc., of Irvine, CA;
Toshiba Information Equipment (Philippines), Inc., of Binan, Laguna, Philippines.
By instituting this investigation (337-TA-1046), 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 17-044
Inv. No(s). 731-TA-1314 (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 phosphor copper from Korea 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, Meredith M. Broadbent, and F. Scott Kieff 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 Korea.
The Commission’s public report Phosphor Copper from Korea (Investigation No. 731-TA-1314 (Final), USITC Publication 4681, April 2017) will contain the views of the Commission and information developed during the investigation.
The report will be available by May 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
Phosphor Copper from Korea
Investigation No. 731-TA-1314 (Final)
Product Description: Phosphor copper is a master alloy composed primarily of copper (Cu) and phosphorus (P), but may contain small amounts of iron, lead, tin, and other elements. As it is most commonly sold, phosphor copper contains approximately 15 percent phosphorus by weight. Phosphor copper is an additive in the manufacture of other alloys and has three primary uses: 1) as a deoxidizer; 2) as an alloying additive that increases strength, hardness, and elasticity; and 3) in brazing alloys.
Status of Proceedings:
1. Type of investigation: Final antidumping.
2. Petitioner: Metallurgical Products Company, West Chester, PA.
3. Investigation instituted by USITC: March 9, 2016.
4. USITC hearing: February 28, 2017.
5. USITC vote: March 30, 2017.
6. USITC notification of Department of Commerce: April 17, 2017.
U.S. Industry:
1. Number of U.S. producers in 2015: 3.
2. Location of producers’ plants: Illinois, New York, and Pennsylvania.
3. Employment of production and related workers in 2015: [1]
4. U.S. producers’ U.S. shipments in 2015: 1
5. Apparent U.S. consumption in 2015: 1
6. Ratio of subject imports to apparent U.S. consumption in 2015: 1
U.S. Imports in 2015:
1. From the subject countries during 2015: 1
2. From other countries during 2015: 1
3. Leading sources during 2015: 1
[1] Withheld to avoid disclosure of business proprietary information.
News Release 17-043
Inv. No(s). 701-TA-318 and 731-TA-538 and 561 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on sulfanilic acid from China and 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 countervailing duty order on imports of this product from India and the existing antidumping duty orders on imports of this product from China and India will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff 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 Sulfanilic Acid from China and India, Inv. Nos. 701-TA-318 and 731-TA-538 and 561 (Fourth Review), USITC Publication 4680, April 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 8, 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 Sulfanilic Acid from China and India were instituted on September 1, 2016.
On December 5, 2016, the Commission voted to conduct expedited reviews. With respect to India, all six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. With respect to China, all six Commissioners concluded that both the domestic and the respondent group responses were adequate, but that circumstances warranted an expedited review.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 17-042
Inv. No(s). 731-TA-1313 (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 1,1,1,2-tetrafluoroethane (R-134a) from China 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, Meredith M. Broadbent, and F. Scott Kieff 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 China.
The Commission also made a negative finding with respect to critical circumstances with regard to imports of this product from China. As a result, goods sold at less than fair value that entered the United States prior to October 7, 2016 (date of Commerce’s affirmative preliminary determination), will not be subject to retroactive antidumping duties.
The Commission’s public report 1,1,1,2-Tetrafluoroethane (R-134a) from China (Investigation No. 731-TA-1313 (Final), USITC Publication 4679, April 2017) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 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
1,1,1,2-Tetrafluoroethane from China
Investigation No. 731-TA-1313 (Final)
Product Description: 1,1,1,2-Tetrafluoroethane (“R‐134a”) is a clear, colorless liquid or gas, which is gaseous at normal atmospheric conditions. The chemical formula for R-134a is CF3‐CH2F, and the Chemical Abstracts Service (“CAS”) registry number is CAS 811‐97‐2. R-134a is mainly used as a refrigerant for air conditioning (“A/C”) systems. It is the primary refrigerant in mobile (e.g., automobile) A/C systems and can be blended with other chemicals for use in stationary refrigeration systems. R‐134a is also used as a propellant in pharmaceutical, household cleaning, and foam expansion products.
Status of Proceedings:
1. Type of investigation: Final antidumping.
2. Petitioners: The American HFC Coalition and its individual members (Amtrol, Inc., West Warwick, RI; Arkema, Inc., King of Prussia, PA; The Chemours Company FC LLC, Wilmington, DE; Honeywell International Inc., Morristown, NJ; Hudson Technologies, Pearl River, NY; Mexichem Fluor Inc., St. Gabriel, LA; and Worthington Industries, Inc., Columbus, OH) as well as District Lodge 154 of the International Association of Machinists and Aerospace Workers, Calvert City, KY.
3. Investigation instituted by USITC: March 3, 2016.
4. USITC hearing: February 23, 2017.
5. USITC vote: March 23, 3017.
6. USITC notification of Department of Commerce: April 5, 2017.
U.S. Industry:
1. Number of U.S. producers in 2015: Three.
2. Location of producers’ plants: Kentucky, Louisiana, and Texas.
3. Employment of production and related workers in 2015: 205.
4. U.S. producers’ U.S. shipments in 2015: $220.9 million.
5. Apparent U.S. consumption in 2015: $279.7 million.
6. Ratio of subject imports to apparent U.S. consumption in 2015: 18.1 percent (in value).
U.S. Imports in 2015:
1. From China during 2015: $50.8 million.
2. From other countries during 2015: $8.1 million.
3. Leading source during 2015: China (in terms of total value).
News Release 17-041
Inv. No(s). 337-TA-1045
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain document cameras and software for use therewith. The products at issue in the investigation are visual presentation equipment in the form of document cameras and associated software that provide for the high-resolution and enhanced zoom imaging of documents and objects for real-time visual presentations.
The investigation is based on a complaint filed by Pathway Innovations and Technologies, Inc., of San Diego, CA, on February 17, 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 document cameras and software for use therewith that allegedly 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:
IPEVO, Inc., of Sunnyvale, CA;
AVer Information Inc., of Fremont, CA; and
Lumens Integration, Inc., of Fremont, CA.
By instituting this investigation (337-TA-1045), 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 17-040
Inv. No(s). 337-TA-1044
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain graphics systems, components thereof, and consumer products containing the same. The products at issue in the investigation are televisions, smartphones, tablets, wearable devices, graphics processors, integrated circuits, and other consumer products containing such components and systems.
The investigation is based on an amended complaint filed by Advanced Micro Devices, Inc., of Sunnyvale, CA, and ATI Technologies ULC of Markham, Ontario, Canada, on March 2, 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 graphics systems, components thereof, and consumer products containing the same that allegedly 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:
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
VIZIO, Inc., of Irvine, CA;
MediaTek Inc., of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA; and
Sigma Designs, Inc., of Fremont, CA.
By instituting this investigation (337-TA-1044), 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.