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

January 18, 2017
News Release 17-013
Inv. No(s). 337-TA-1036
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Magnetic Tape Cartridges and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic tape cartridges and components thereof. The products at issue in the investigation are Linear Tape-Open (“LTO”) magnetic tape products and tape cartridge components comprising such products.

The investigation is based on a complaint filed by Sony Corporation of Tokyo, Japan; Storage Media and Devices Corporation of Miyagi, Japan; Sony DADC US Inc. of Terre Haute, IN; and Sony Latin America Inc. of Miami, FL, on December 15, 2016. Supplements to the Complaint were filed on January 5, 2017. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain magnetic tape cartridges and components thereof 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:

Fujifilm Holdings Corporation of Tokyo, Japan;
Fujifilm Corporation of Tokyo, Japan;
Fujifilm Holdings America Corporation of Valhalla, NY; and
Fukifilm Recording Media U.S.A., Inc., of Bedford, MA.

By instituting this investigation (337-TA-1036), 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 18, 2017
News Release 17-008
Inv. No(s). 731-TA-825-826 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Polyester Staple Fiber from Korea and Taiwan

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on polyester staple fiber from 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 determination, the existing antidumping duty orders on imports of this product from Korea and Taiwan will remain in place.

All six Commissioners 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 Polyester Staple Fiber from Korea and Taiwan, Inv. Nos. 731-TA-825-826 (Third Review), USITC Publication 4668, January 2017) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 21, 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 Polyester Staple Fiber from Korea and Taiwan were instituted on August 1, 2016.

On November 4, 2016, the Commission voted to conduct expedited reviews. 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.

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.

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January 18, 2017
News Release 17-008
Inv. No(s). 731-TA-718 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Review Concerning Glycine from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on Glycine 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.

All six Commissioners 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 Glycine from China, Inv. No. 731-TA-718 (Fourth Review), (USITC Publication 4667, January 2017) will contain the views of the Commission and information developed during the review.

The report will be available by February 21, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

BACKGROUND

The five-year (sunset) review concerning Glycine from China was instituted on August 1, 2016.

On November 4, 2016, the Commission voted to conduct an expedited review. All six Commissioners 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.

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January 17, 2017
News Release 17-012
Inv. No(s). 332-560
Contact: Peg O'Laughlin, 202-205-1819

USITC Begins Investigation Concerning Possible Modifications to the U.S. Generalized System of Preferences for Additions, Removals, and Competitive Need Limitation Waivers

The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2016 Review (Investigation No. 332-560), was requested by the U.S. Trade Representative (USTR) in a letter received on January 4, 2017.

As requested, the USITC, an independent, nonpartisan, fact finding federal agency, will provide advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of the addition of the following Harmonized Tariff Schedule (HTS) subheadings and statistical reporting numbers:

For all GSP beneficiary developing countries:

1104.19.90 (Rolled or flaked grains of cereals, other than of barley or oats),
2008.20.00 (Pineapples, otherwise prepared or preserved, nesi),
2915.90.18 (Saturated acyclic monocarboxylic acids, nesoi),
3809.93.50 (Finishing agents, dye carriers and other preparations used in leather and like industries, < 5% by weight aromatic (mod.) substance(s)),
3912.20.00 (Cellulose nitrates (including collodions), in primary forms).

The USTR also requested that the USITC provide advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of the removal from eligibility of one HTS subheading for all GSP countries. The removal in consideration is:

2922.49.40.20 (Glycine--part of 2922.49.40, "Amino acids")

In addition, the USITC will provide advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of competitive need limitation waivers for specified countries. "Competitive need limitations" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the USITC, as requested, will use the dollar value limit of $175 million. The HTS subheadings in consideration are:

0410.00.00 (Edible products of animal origin, nesi) from Indonesia,
0714.90.10 (Fresh or chilled dasheens, whether or not sliced or in the form of pellets) from Ecuador,
4011.20.10 (New pneumatic radial tires, of rubber, of a kind used on buses or trucks) from Indonesia,
4409.10.05 (Coniferous wood continuously shaped along any of its ends, whether or not also continuously shaped along any {of} its edges or faces) from Brazil,
6802.99.00 (Monumental or building stone & arts. thereof, nesoi, further worked than simply cut/sawn, nesoi) from Brazil,
8525.80.30 (Television cameras, nesi) from Thailand,
9001.50.00 (Spectacle lenses of materials other than glass, unmounted) from Thailand.

The USITC will submit its confidential report to USTR by May 4, 2017. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for this investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on February 21, 2017. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on February 3, 2017, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on March 3, 2017. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated January 17, 2017. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

USITC general fact finding 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 fact finding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General fact finding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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January 11, 2017
News Release 17-010
Contact: Peg O'Laughlin, 202-205-1819

USITC Now Accepting Comments on Miscellaneous Tariff Bill Petitions

The U.S. International Trade Commission (USITC) has begun accepting comments on petitions seeking temporary duty suspensions and reductions in accordance with the American Manufacturing Competitiveness Act of 2016 (AMCA).

The AMCA allows petitioners who can demonstrate that they are likely beneficiaries of a suspension or reduction of duties to submit petitions to the USITC. It also provides that members of the public will have 45 days to submit comments to the Commission regarding the petitions. The USITC must then evaluate the petitions and determine whether they meet certain statutory requirements. The USITC will ultimately submit 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.

From October 14, 2016, through December 12, 2016, the Commission accepted petitions from filers who could demonstrate that they are likely beneficiaries of a suspension or reduction of duties.

The Commission now seeks comments on these already filed petitions.

Anyone wishing to support, object to, or otherwise comment on a petition must file views with the Commission through the agency’s Miscellaneous Tariff Bill Petition System on the USITC website. Comments must be filed during a 45-day formal comment period that will run from January 11, 2017, through 5:15 p.m. on Friday, February 24, 2017.

Commenters must file all comments by the deadline. This includes comments intended to edit or correct a comment filed earlier in the comment period but later withdrawn.

The portal may be accessed here: https://www.usitc.gov/mtbps.

Key points commenters should be aware of:

Commenters must file their comments using the Miscellaneous Tariff Bill Petition System (MTBPS) portal on the USITC website. No other method of filing will be accepted.

Commenters must file such submissions no later than 5:15 p.m. on Friday, February 24, 2017 (45 days after January 11, 2017). No late filings will be accepted.

Commenters are strongly advised to visit the USITC website before attempting to file a comment and review the Commission’s Rules, the Handbook on MTB Filing Procedures, and the Before You File a Comment guide.

Commenters should have all required information at hand before beginning the filing process because the portal system does not allow users to save their work and return to it at a later time.

Commenters should direct questions about the MTB process to mtbinfo@usitc.gov and technical questions regarding the portal to mtbpshelp@usitc.gov.

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January 10, 2017
News Release 17-008
Inv. No(s). 731-TA-1306 (Final)
Contact: Peg O'Laughlin, 202-205-1819

Large Residential Washers 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 large residential washers from China that the U.S. Department of Commerce (Commerce) has determined are 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 an antidumping duty order on imports of these products from China.

The Commission’s public report Large Residential Washers from China (Investigation No. 731-TA-1306 (Final), USITC Publication 4666, January 2017) will contain the views of the Commission and information developed during the investigations.

The report will be available by February 15, 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

Large Residential Washers from China
Investigation No. 731-TA-1306 (Final)

Product Description: Large residential washers are all automatic clothes washing machines, regardless of the orientation of the rotational axis of the washing drum, with a cabinet width (measured from its widest point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm), except as noted below. Also covered are certain parts used in large residential washers, including cabinets, assembled tubs, assembled baskets, and any combination of such parts or subassemblies. Excluded from the scope are stacked washer-dryers that are built on a unitary frame and share a common console that controls both the washer and the dryer. Also excluded are commercial washers that are designed for the “pay per use” market that incorporate electronics for payment systems. Further excluded are washers that have drivetrains using belts, and extra wide, front loading washers with a horizontal rotational axis. Large residential washers are principally used in households for washing clothes.

Status of Proceedings:
1. Type of investigation: Final antidumping.
2. Whirlpool Corp., Benton Harbor, MI.
3. Investigation instituted by USITC: December 16, 2015.
4. USITC hearing: December 7, 2016.
5. USITC vote: January 10, 2017.
6. USITC notification of Department of Commerce: January 30, 2017.

U.S. Industry:
1. Number of U.S. producers in 2015: 4.
2. Location of producers’ plants: Kentucky, Ohio, and Wisconsin.
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 country 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.

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January 10, 2017
News Release 17-009
Inv. No(s). 731-TA-1058 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Wooden Bedroom Furniture from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on wooden bedroom furniture 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 Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioners Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein voted in the affirmative. Commissioner Dean A. Pinkert did not participate in this review.

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 Wooden Bedroom Furniture from China (Inv. No. 731-TA-1058 (Second Review), USITC Publication 4665, January 2017) will contain the views of the Commission and information developed during the review.

The report will be available by February 15, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

BACKGROUND

The five-year (sunset) review concerning Wooden Bedroom Furniture from China was instituted on November 2, 2015.

On February 5, 2016, the Commission voted to conduct a full review. All six Commissioners 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 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.

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January 9, 2017
News Release 17-007
Inv. No(s). 337-TA-1035
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Liquid Crystal EWriters and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain liquid crystal eWriters and components thereof. The products at issue in the investigation are liquid crystal displays that can be used as writing tablets and components thereof.

The investigation is based on a complaint filed by Kent Displays, Inc., of Kent, OH, on December 8, 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 liquid crystal eWriters and components thereof 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:

Shenzhen Howshow Technology Co., Ltd., d/b/a Shenzhen Howshare Technology Co., Ltd., d/b/a Howshare of Shenzhen, China; and
Shenzhen SUNstone Technology Co., Ltd., d/b/a iQbe, of Shenzhen, China.

By instituting this investigation (337-TA-1035), 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 6, 2017
News Release 17-006
Inv. No(s). 731-TA-1091 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Expedite Five-Year (Sunset) Review Concerning Artists' Canvas from China

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on Artists’ Canvas 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 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.

All six Commissioners 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 “artists’ canvas 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. 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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January 6, 2017
News Release 17-005
Inv. No(s). 731-TA-696 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Will Expedite Five-Year (Sunset) Review Concerning Pure Magnesium from China

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on Pure Magnesium from China.

Chairman Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioners Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein 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 Dean A. Pinkert did not participate in this review.

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 “pure magnesium” using the search box in the upper right corner.

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