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News Release 16-139
Inv. No(s). 701-TA-564 and 731-TA-1338-1339 (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 steel concrete reinforcing bar from Japan, Taiwan, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the government of Turkey.
All six Commissioners 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 Japan, Taiwan, and Turkey, with its preliminary countervailing duty determination due on or about December 14, 2016, and its preliminary antidumping duty determinations due on or about February 27, 2017.
The Commission’s public report Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey (Inv. Nos. 701-TA-564 and 731-TA-1338-1340 (Preliminary), USITC Publication 4648, November 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 5, 2016. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey
Investigation Nos. 701-TA-564 and 731-TA-1338-1340 (Preliminary)
Product Description: Steel concrete reinforcing bar in either straight length or coil form regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test. Specifically excluded are plain rounds (i.e., nondeformed or smooth rebar). Also excluded from the scope is deformed steel wire meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or grade) and without being subject to an elongation test.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Rebar Trade Action Coalition and its individual members: BD Vinton LLC, Vinton, TX; Byer Steel Corporation, Cincinnati, OH; Commercial Metals Company, Irving, TX; Gerdau Ameristeel U.S. Inc., Tampa, FL; Nucor Corporation, Charlotte, NC; and Steel Dynamics, Inc., Fort Wayne, IN.
3. Preliminary investigations instituted by the USITC: September 20, 2016.
4. Commission’s conference: October 11, 2016.
5. USITC vote: November 3, 2016.
6. USITC determinations to the U.S. Department of Commerce: November 4, 2016.
7. USITC views to the U.S. Department of Commerce: November 14, 2016.
U.S. Industry:
1. Number of producers in 2015: Seven.
2. Location of producers’ plants: Alabama, Arizona, Arkansas, California, Connecticut, Florida, Illinois, Indiana, Mississippi, New Jersey, New York, Ohio, Oregon, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington.
3. Employment of production and related workers in 2015: 4,220.
4. Apparent U.S. consumption in 2015: $4.5 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 19.9 percent.
U.S. Imports:
1. From the subject countries during 2015: $854.1 million.
2. From other countries during 2015: $44.5 million.
3. Leading sources during 2015: Turkey, Japan, Taiwan, and Korea (in terms of total value).
News Release 16-138
Inv. No(s). 337-TA-1027
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same. The products at issue in the investigation are food supplements and vitamins containing ocular antioxidants, such as lutein, zeaxanthin, and zeaxanthin isomers,that may be used by individuals with certain ocular disorders, including age-related macular degeneration, hyperopia, presbyopia or astigmatism.
The investigation is based on a complaint filed by Kemin Industries, Inc., and Kemin Foods, L.C., both of Des Moines, Iowa, on October 6, 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 food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same 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:
OmniActive Health Technologies of Mumbai, India; and
OmniActive Health Technologies, Inc., of Morristown, NJ.
By instituting this investigation (337-TA-1027), 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 16-135
Inv. No(s). 332-558
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released a public version of its confidential report on whether certain textile and apparel articles from Nepal are import sensitive.
The investigation, Nepal: Advice Concerning Whether Certain Textile and Apparel Articles Are Import Sensitive, was requested by the U.S. Trade Representative (USTR).
The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on September 29, 2016. The USTR requested that the USITC issue a public version of the report containing only the unclassified sections, with any business confidential information deleted.
As requested, the USITC provided advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of providing duty free treatment for the following 66 HTS 8 digit subheadings from Nepal:
|
Certain luggage articles and attaché cases |
4202.11.00, 4202.12.20, 4202.12.40, 4202.12.60, 4202.12.80 |
|
Certain handbags |
4202.21.60, 4202.21.90, 4202.22.15, 4202.22.40, 4202.22.45, 4202.22.60, 4202.22.70, 4202.22.80, 4202.29.50, 4202.29.90 |
|
Certain pocket goods |
4202.31.60, 4202.32.40, 4202.32.80, 4202.32.95 |
|
Certain travel, sports and similar bags, backpacks, and other containers |
4202.91.00, 4202.92.08, 4202.92.15, 4202.92.20, 4202.92.30, 4202.92.45, 04202.92.60, 4202.92.90, 4202.99.90 |
|
Certain carpets and other textile floor coverings (rugs) |
5701.10.90, 5702.31.20, 5702.49.20, 5702.50.40, 5702.50.59, 5702.91.30, 5702.91.40, 5702.92.90, 5702.99.15, 5703.10.20, 5703.10.80, 5703.90.00, 5705.00.20, and 6308.00.00 |
|
Certain shawls, scarves, headbands, and blankets |
6117.10.60, 6214.10.10, 6214.10.20, 6214.20.00, 6214.40.00, 6214.90.00, and 6301.90.00, and 6117.80.85, 6217.10.85 |
|
Certain hats |
6504.00.90, 6505.00.08, 6505.00.15, 6505.00.20, 6505.00.25, 6505.00.30, 6505.00.40, 6505.00.50, 6505.00.60, 6505.00.80, 6505.00.90, 6506.99.30, 6506.99.60 |
|
Certain gloves |
4203.29.50, 6216.00.80 |
Nepal: Advice Concerning Whether Certain Textile and Apparel Articles Are Import Sensitive, (Investigation No. 332-558, USITC publication 4640, Sept/Oct 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4640.pdf.
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.
News Release 16-134
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
The United States is the world's largest services market and was the world’s leading exporter and importer of services in 2014, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2016 Annual Report.
The USITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually. Each year's report presents a qualitative and quantitative overview of U.S. trade in services and highlights some of the service sectors and geographic markets that contribute substantially to recent services trade performance.
This year’s report focuses on financial services and includes chapters on three specific industries: banking services, insurance services, and securities services. Each chapter analyzes global market conditions in the industry, examines recent trade performance, and summarizes the industry’s outlook.
The 2016 report adds new interactive graphics that allow users to view and refine, as they choose, the data presented.
The report describes trade in services via cross-border transactions through 2014 and via affiliate sales through 2013 (latest available data). Highlights include:
- In 2014, the value of U.S. commercial services exports was $690.1 billion (14 percent of global services exports), while imports totaled $453.3 billion (9 percent of global services imports). Preliminary data also indicate that in 2015, U.S. services exports increased to $730.6 billion, while imports rose to $467.1 billion.
- From 2013 to 2014, U.S. cross-border services exports rose close to 4 percent (down slightly from 5 percent in 2012–13), while U.S. services imports grew 3 percent (virtually unchanged from the previous year). Financial services accounted for 15 percent of exports and 15 percent of imports, resulting in a surplus of $35.1 billion in this subsector in 2014.
- Within the services sector, sales by foreign affiliates of U.S. firms -- the leading channel by which many U.S. services are delivered to foreign markets -- rose by 3 percent to slightly more than $1.3 trillion in 2013. Financial services accounted for about 20 percent of total sales by U.S.-owned foreign affiliates.
- The contribution of private sector financial services to U.S. gross domestic product (GDP) was $1.2 trillion in 2015, accounting for nearly 9 percent of total U.S. private sector GDP. The output of these services grew by 2.6 percent in 2015, slightly slower than the GDP growth in the private sector (2.8 percent). Among the financial services industries, the GDP of rental and leasing services grew the fastest in 2015 at 9.4 percent, followed by insurance services (3.2 percent), and banking services (1.2 percent) while securities services declined by 1 percent.
- Financial services accounted for 5.7 percent of total private sector employment in 2015, or 6.4 million full-time equivalent (FTE) employees -- a share that has remained stable since 2010. Employment in banking services represented almost 40 percent of this total, followed by insurance services (39 percent). Labor productivity in financial services grew slowly during 2010–2015, with an average output per worker of $192,110 in 2015. Wages in financial services were the second highest of any services sector, with workers earning on average $99,672 in 2015, nearly twice the average wage for the private sector as a whole.
- Financial services are facing significant challenges from digital technologies and in navigating the post-recessionary financial landscape of increased regulation and low interest rates. U.S. financial services firms have adapted by incorporating new financial technologies into their operations, but also face rising cybersecurity risks. In addition, the growth of the Chinese financial system has increased competition for U.S. banks while at the same time creating an attractive market for U.S. securities firms.
- The USITC hosted its ninth annual services roundtable on November 5, 2015. The discussion, summarized in the report, focused on evolution and effectiveness of services trade provisions in existing trade agreements, and the impact of digital technologies on the cross-border provision and liberalization of services.
Recent Trends in U.S. Services Trade, 2016 Annual Report (Investigation No. 332-345, USITC publication 4643, September 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4643.pdf.
News Release 16-133
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio processing hardware, software, and products containing the same. The products at issue in the investigation are methods and systems related to the field of audio processing, with a particular focus on processing audio signals to remove noise and interference.
The investigation is based on a complaint filed by Andrea Electronics Corp. of Bohemia, NY, on September 19, 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 audio processing hardware, software, and products containing the same 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 the following as respondents in this investigation:
Apple Inc. of Cupertino, CA;
Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.
By instituting this investigation (337-TA-1026), 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 16-132
Inv. No(s). 337-TA-1025
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon-on-insulator wafers. The products at issue in the investigation are layered silicon and insulator wafers used in the manufacture of semiconductors such as radio frequency chips.
The investigation is based on a complaint filed by Silicon Genesis Corporation of Santa Clara, CA, on May 26, 2016. Letters supplementing the complaint were filed on October 3, 7, and 12, 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 silicon-on-insulator wafers 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 Soitec, S.A., of Bernin, France, as the respondent in investigation.
By instituting this investigation (337-TA-1025), 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 16-131
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission has begun accepting petitions seeking temporary duty suspensions and reductions in accordance with the American Manufacturing Competitiveness Act of 2016 (AMCA).
Enacted in May 2016, 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. 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.
The USITC developed procedures and built a web portal to carry out responsibilities given it by the AMCA. The portal may be accessed here: https://www.usitc.gov/mtbps.
Key points petitioners should be aware of:
- Petitioners must file their petitions using the Miscellaneous Tariff Bill Petition System (MTBPS) portal on the USITC website. No other method of filing will be accepted.
- Petitioners must file such requests no later than 5:15 p.m. on Monday, December 12, 2016 (60 days after October 14, 2016). No late filings will be accepted.
- Petitioners are strongly advised to visit the USITC website before attempting to file a petition and review the Commission’s Rules, the Handbook on MTB Filing Procedures, and the Before You File guide.
- Petitioners 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.
Petitioners should direct questions about the MTB process to mtbinfo@usitc.gov and technical questions regarding the portal to mtbpshelp@usitc.gov.
News Release 16-130
Inv. No(s). 337-TA-1024
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits with voltage regulators and products containing same. The products at issue in the investigation are microprocessors incorporating voltage regulating integrated circuits with voltage spike protection, as well as computer products that incorporate such microprocessors, such as laptops, desktops, and servers.
The investigation is based on a complaint filed by R2 Semiconductor, Inc., of Sunnyvale, CA, on September 12, 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 integrated circuits with voltage regulators and products containing same that infringe a patent 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:
Intel Corporation of Santa Clara, CA;
Intel Ireland Ltd. of Leixlip, Ireland;
Intel Products Vietnam Co., Ltd. of Ho Chi Minh City, Vietnam;
Intel Israel 74 Ltd. of Haifa, Israel;
Intel Malaysia Sdn. Berhad of Penang, Malaysia;
Intel China, Ltd., of Beijing, China;
Dell, Inc., of Round Rock, TX;
Dell Technologies Inc. of Round Rock, TX;
HP Inc. of Palo Alto, CA; and
Hewlett Packard Enterprise Co. of Palo Alto, CA.
By instituting this investigation (337-TA-1024), 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 16-129
Inv. No(s). 332-325
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has begun an update of its report on the effects of significant U.S. import restraints. The report will also examine the effects of tariffs and of customs and border procedures on global supply chains.
The report, The Economic Effects of Significant U.S. Import Restraints: Ninth Update; Special Topic: Effects of Tariffs and of Customs and Border Procedures on Global Supply Chains, was requested by the U.S. Trade Representative (USTR) in a letter received on September 13, 2016. In the letter, the USTR noted: “The rising importance of global supply chains means that intermediate inputs are increasingly traded across borders. Tariffs and inefficient customs and border procedures can raise the price of these inputs in each country they enter along the global supply chain, while their removal can substantially improve global welfare. An overview of these inefficiencies along the supply chain would be a useful special topic in the report."
The ninth update will contain two parts. The first part will assess the economic effects of significant import restraints on U.S. consumers, workers, and firms. The USTR also requested that the ninth USITC report include an assessment of how significant U.S. import restraints affect households with different incomes. As in the past, and as requested by the USTR, the USITC will not assess import restraints resulting from antidumping or countervailing duty investigations, section 337 and 406 investigations, or section 301 actions.
The second part of the report will describe, to the extent practicable, the cumulative effects of tariffs and customs and border procedures on global supply chains. It will also include the effect on services to the extent that they depend on goods traded through global supply chains. It will provide an overview of the recent literature that discusses the effects of these costs along the supply chain. It will also provide case studies examining supply chain inefficiencies stemming from customs and border procedures abroad in relevant industries.
The USITC will hold a public hearing in connection with investigation at 9:30 a.m. on February 9, 2017. Requests to appear at the hearing should be filed no later than 5:15 p.m. on January 26, 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 at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on March 1, 2017. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigations and appropriate submissions is available in the USITC's notice of investigation, October 11, 2016, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.
USITC general factfinding investigations, such as these, 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, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 16-128
Inv. No(s). 731-TA-457 (A-D) (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the antidumping duty orders on heavy forged hand tools from China.
As a result of the votes, the Commission will conduct expedited reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, 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 responses were inadequate and voted for expedited reviews. Vice Chairman David S. Johanson concluded that the domestic group response was adequate and the respondent group responses were inadequate but that circumstances warranted full reviews.
A record of the Commission’s vote 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 "heavy forged hand tools" 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.