U.S. International Trade Commission | United States International Trade Commission

February 7, 2017
News Release 17-025
Inv. No(s). 701-TA-554 and 731-TA-1309 (Final)
Contact: Peg O'Laughlin, 202-205-1819

Certain Biaxial Integral Geogrid Products from China Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain biaxial integral geogrid products from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commission also made negative findings with respect to critical circumstances with regard to imports of this product from China. As a result, goods that entered the United States from China prior to the dates of Commerce’s affirmative preliminary determinations, will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Certain Biaxial Integral Geogrid Products from China (Investigation Nos. 701-TA-554 and 731-TA-1309 (Final), USITC Publication 4670, February 2017) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 14, 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

Certain Biaxial Integral Geogrid Products from China
Investigation Nos. 701-TA-554 and 731-TA-1309 (Final)

Product Description: Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut‐to‐length, attached to woven or nonwoven fabric or sheet material, or packaged) in which four‐sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products have integral strands that have been stretched to induce molecular orientation into the material constituting the sides of the openings and integral junctions where the strands intersect. “Integral” refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter in any direction and average overall flexural stiffness of more than 100,000 milligram-centimeter. The most common use is in the construction of paved (usually asphalt) and unpaved roads. The product interlocks with road building materials to prevent lateral movement and increases the road’s load bearing capacity.

Status of Proceedings:

1.  Type of investigation: Final antidumping and countervailing duty
2.  Tensar Corporation, Morrow, GA.
3.  Investigation instituted by USITC: January 13, 2016.
4.  USITC hearing: December 21, 2016.
5.  USITC vote: February 7, 2017.
6.  USITC notification of Department of Commerce: February 21, 2017.

U.S. Industry:

1.  Number of U.S. producers in 2015: Two.
2.  Location of producers’ plants: Alabama and Georgia.
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: $0.
3.  Leading sources during 2015: China (in terms of total value).

[1] Withheld to avoid disclosure of business proprietary information.

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February 6, 2017
News Release 17-023
Inv. No(s). 701-TA-476 and 731-TA-1179 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Multilayered Wood Flooring from China

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (sunset) reviews concerning the antidumping and countervailing duty orders on Multilayered Wood Flooring from China.

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.

All six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for 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 “multilayered wood flooring from China” 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.

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February 6, 2017
News Release 17-022
Inv. No(s). 731-TA-624-625 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Expedite Five-Year (Sunset) Reviews Concerning Helical Spring Lock Washers from China and Taiwan

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (sunset) reviews concerning the antidumping duty orders on helical spring lock washers from China and Taiwan.

As a result of the vote, 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 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, Dean A. Pinkert, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Vice Chairman David S. Johanson also concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate but that circumstances warranted full reviews.

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 “helical spring lock washers from China and Taiwan” 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.

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February 6, 2017
News Release 17-021
Inv. No(s). 731-TA-461 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Expedite Five-Year (Sunset) Review Concerning Gray Portland Cement and Clinker from Japan

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (sunset) review concerning the antidumping duty order on Gray Portland Cement and Clinker from Japan.

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.

Chairman Rhonda K. Schmidtlein 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. Vice Chairman David S. Johanson and Commissioner Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioner Dean A. Pinkert did not participate in this 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 “gray Portland cement and clinker from Japan” 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.

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February 6, 2017
News Release 17-020
Inv. No(s). 731-TA-540-541 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Expedite Five-Year (Sunset) Reviews Concerning Certain Welded Stainless Steel Pipe from Korea and Taiwan

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 welded stainless steel pipe from Korea and Taiwan.

All six Commissioners concluded in both reviews that the domestic group response was adequate and that the respondent group response was inadequate, and voted for expedited reviews.

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 “welded stainless steel pipe from Korea and Taiwan” using the search box in the upper right corner.

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February 6, 2017
News Release 17-024
Inv. No(s). 332-561
Contact: Peg O'Laughlin, 202-205-1819

Digital Trade and the Impact of Barriers to Digital Trade on the Competitiveness of U.S. Firms in International Markets Will Be Focus of Three New USITC Investigations

The U.S. International Trade Commission (USITC) will conduct three investigations to examine uses of new digital technologies for U.S. firms and the impact of barriers to digital trade on the competitiveness of U.S. firms in international markets.

The investigations were requested by the Office of the U.S. Trade Representative in a letter received on January 13, 2017. The letter noted that the three new reports would provide an update and extension of the analysis presented in two earlier USITC reports: Digital Trade in the U.S. and Global Economies, Part I (July 2013) and Digital Trade in the U.S. and Global Economies, Part 2 (August 2014), which were completed at the request of the U.S. Senate Committee on Finance.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will conduct three investigations and provide three reports to the USTR. One report will be public, and two reports will be confidential.

The first investigation, Global Digital Trade I: Market Opportunities and Key Foreign Trade Restrictions, will describe the current landscape and recent developments in digital technologies used by firms, as well as digital technologies used by consumers. It will also provide market information for digital products and services both in the United States and in key foreign markets such as the European Union, China, Russia, Brazil, India, and Indonesia -- especially those products and services that can scale globally. The investigation will assess the rate of adoption of digital technologies in the United States as well as in foreign markets with further study of the importance of both domestic and cross-border data-flows. Finally, the report will describe regulatory and policy measures in important markets abroad that may impede digital trade. The report will be delivered to USTR by August 29, 2017, and released to the public soon thereafter.

The second investigation will analyze measures that affect the ability of U.S. firms to develop or supply digital products and services to firms abroad. It also will assess the impact of those measures on the competitiveness of U.S. firms supplying digital products and services and on international trade and investment flows associated with digital trade. This report will be confidential and will be delivered to USTR by October 28, 2018. More details about this report will be available when it is formally instituted.

The third investigation will analyze measures that affect the ability of U.S. firms to develop or supply digital products and services to consumers abroad. It also will assess the impact of those measures on the competitiveness of U.S. firms supplying digital products and services and on international trade and investment flows associated with digital trade. This report will be confidential and will be delivered to USTR by March 29, 2019. More details about this report will be available when it is formally instituted.

The USITC has instituted the first investigation.

The USITC will hold a public hearing in connection with the investigation on April 4, 2017. Requests to appear at the hearing should be filed no later than 5:15 p.m. on March 21, 2017, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on April 21, 2017. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the first investigation and appropriate submissions is available in the USITC's notice of investigation, dated February 6, 2017, which can be obtained from the USITC Internet site (https://www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

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February 3, 2017
News Release 17-019
Inv. No(s). 701-TA-552-553 and 731-TA-1308 (Final)
Contact: Peg O'Laughlin, 202-205-1819

Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain new pneumatic off-the-road tires from India that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of India and Sri Lanka.

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. Commissioner Dean A. Pinkert did not participate in this investigation.

As a result of the USITC’s affirmative determinations, Commerce will issue an antidumping duty order on imports of these products from India and countervailing duty orders on imports of these products from India and Sri Lanka.

The Commission also made negative findings with respect to critical circumstances with regard to subsidized imports of this product from India and Sri Lanka. As a result, goods that entered the United States from these countries prior to June 20, 2016 (the date of Commerce’s affirmative preliminary determinations), will not be subject to retroactive countervailing duties.

The Commission’s public report Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka (Investigation Nos. 701-TA-552-553 and 731-TA-1308 (Final), USITC Publication 4669, February 2017) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 16, 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

Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka
Investigations Nos. 701-TA-552-553 and 731-TA-1308 (Final)

Product Description: New pneumatic off-the-road (OTR) tires are typically heavy-duty tires of various types and sizes designed for use principally on vehicles and implements in the agricultural, mining and construction, and other industrial sectors. OTR tires may be either tube-type or tubeless, radial, or non-radial in construction, and produced for sale in the original equipment and replacement markets, whether or not mounted to wheels or rims; however, only the tire is covered by the investigative scope. Subject OTR tire sizes and specifications are reported in sections of the Tire and Rim Association Year Book. Excluded from the scope are mining and construction tires of 39 inch rim diameter and above, on-road consumer and commercial tires bearing the symbol DOT, tires that are not new, solid tires, and certain other tires including those for use on ATVs.

Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: Titan Tire Corporation, Des Moines, Iowa, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania.
3. Investigations instituted by USITC: January 8, 2016.
4. USITC hearing: January 4, 2017.
5. USITC vote: February 3, 2017.
6. USITC notification of Department of Commerce: February 23, 2017.

U.S. Industry:
1. Number of producers: Six.
2. Location of producers’ plants: Illinois, Iowa, Kansas, Ohio, Pennsylvania, South Carolina, and Tennessee.
3. Employment of production and related workers in 2015: ^{^[1]}
4. Apparent U.S. consumption in 2015: ¹
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: ¹

U.S. Imports:
1. From the subject countries during 2015: $229 million.
2. From other countries during 2015: $829 million.

[1] Withheld to avoid disclosure of business proprietary information.

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February 1, 2017
News Release 17-018
Inv. No(s). 337-TA-1040
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Basketball Backboard Components and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain basketball backboard components and products containing the same. The products at issue in the investigation are basketball backboards, backboard components, and backboard systems that are typically used at a residence for sport, fun, and entertainment.

The investigation is based on a complaint filed by Lifetime Products, Inc., of Clearfield, UT, on December 30, 2016. Amendments to the complaint were filed on January 23, 2017 and January 24, 2017. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain basketball backboard components and products containing the 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:

Russell Brands LLC d/b/a Spalding of Bowling Green, KY; and
Reliable Sports Equipment (Wujiang) Co. Ltd. of Wujiang City, Jiangsu, China.

By instituting this investigation (337-TA-1040), 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.

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January 24, 2017
News Release 17-017
Inv. No(s). 337-1038
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including mobile phones, tablet computers, and components thereof. The products at issue in the investigation are generally known to consumers as mobile phones or smartphones and tablet computers or tablets.

The investigation is based on a complaint filed by Nokia Technologies Oy of Espoo, Finland, on December 22, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including mobile phones, tablet computers, and components thereof that allegedly 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., a/k/a Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-1038), 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.

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January 18, 2017
News Release 17-014
Inv. No(s). 337-TA-1037
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Graphics Processors, DDR Memory Controllers, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain graphics processors, DDR memory controllers, and products containing the same. The products at issue in the investigation (including GPUs, processors, systems-on-chip, smartphones, laptops, televisions, Bluray players, and gaming systems) all provide graphics processing functionality.

The investigation is based on a complaint filed by ZiiLabs Inc., Ltd. of Hamilton, Bermuda, on December 16, 2016. A letter supplementing the complaint was filed on January 6, 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 graphics processors, DDR memory controllers, and products containing the same that allegedly 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 the following as respondents in this investigation:

Advanced Micro Devices, Inc., of Sunnyvale, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo Holding Co., Inc., of Morrisville, NC;
Lenovo (United States) Inc. of Morrisville, NC;
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;
MediaTek, Inc., of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Motorola Mobility LLC of Libertyville, IL;
Qualcomm Inc. of San Diego, CA;
Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY;
Sony Electronics Inc. of San Diego, CA;
Sony Mobile Communications (USA) Inc. of San Mateo, CA;
Sony Computer Entertainment Inc. of Tokyo, Japan; and
Sony Interactive Entertainment LLC of San Mateo, CA.

By instituting this investigation (337-TA-1037), 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.

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