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News Release 16-127
Inv. No(s). 701-TA-379 and 731-TA-788, 792, and 793 (Third 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 and countervailing duty orders on stainless steel plate from Belgium, South Africa, and Taiwan.
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, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Meredith M. Broadbent 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 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 "stainless steel plate" 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.
News Release 16-126
Inv. No(s). 701-TA-382 and 731-TA-800, 801, and 803 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping and countervailing duty orders on stainless steel sheet and strip from Japan, Korea, and Taiwan.
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.
With respect to Korea, all six Commissioners concluded that both the domestic and respondent group responses were adequate and voted for full reviews. With respect to Taiwan, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. With respect to Japan, Chairman Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioners Dean A. Pinkert, Meredith M. Broadbent, and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review; Commissioner F. Scott Kieff concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
A record of the Commission’s 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 “stainless steel plate” 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.
News Release 16-125
Inv. No(s). 337-TA-1023
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain memory modules and components thereof, and products containing same. The products at issue in the investigation are memory modules, including JEDEC-standard DDR4 RDIMMs and LRDIMMs.
The investigation is based on a complaint filed by Netlist Inc. of Irvine, CA, on September 1, 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 memory modules and components thereof, and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SK hynix Inc. of Icheon-si, Gyeongchung-daero, Republic of Korea;
SK hynix America Inc. of San Jose, CA; and
SK hynix memory solutions Inc., of San Jose, CA.
By instituting this investigation (337-TA-1023), 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 16-124
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
Shifts in U.S. Merchandise Trade 2015 (2015 Trade Shifts) is now available on the U.S. International Trade Commission Internet site.
A web-based product, 2015 Trade Shifts provides interactive features, including graphics that allow users to view and refine, as they choose, the official government data presented.
2015 Trade Shifts:
- focuses on changes in U.S. exports and imports of agricultural and manufactured goods, as well as key natural resources, providing industry and market profiles and trade data for 10 sectors;
- analyzes changes in U.S. bilateral trade with Brazil, Russia, U.S. partners in the North American Free Trade Agreement (NAFTA), and parties to ongoing negotiations for the Regional Comprehensive Economic Partnership (RCEP, a large proposed regional trade agreement to which the United States is not a party); and
- concludes with a “special topic” section on “Effects of Declining Crude Petroleum and Natural Gas Prices on U.S. Sectoral Trade,” which examines the impact declining energy prices in 2015 had on the U.S. economy and certain specific sectors.
Highlights from the report include:
- In 2015, U.S. total exports fell by $116.0 billion (7.2 percent) from 2014 levels to $1,504.6 billion. The primary reasons for the decrease were declining crude petroleum prices, weak global economic growth that dampened global demand, and continued appreciation of the U.S. dollar. Exports in all but one of the sectors examined declined; the only sector that experienced higher exports was footwear, which increased by $3.0 billion (0.2 percent).
- U.S. general imports decreased by $106.0 billion (4.5 percent), falling to $2,241.7 billion. As with U.S. exports, energy-related products experienced the largest decline by value, with imports of these products falling by $157.2 billion (44.7 percent) to $194.5 billion. Imports in the minerals and metal sector also declined by value. On the other hand, imports from all remaining sectors increased by $67.2 billion in total, with the greatest increases by value occurring in transportation equipment (by $22.5 billion, or 5.6 percent); electronic products (by $11.0 billion, or 2.5 percent); miscellaneous manufactures (by $10.4 billion, or 9.1 percent); and chemicals and related products (by $8.9 billion, or 3.6 percent).
- One of the major factors affecting U.S. trade in 2015 was the decline in the prices of crude petroleum and natural gas. According to the Council of Economic Advisors (CEA), these price declines provided a modest net benefit to the U.S. economy in 2015. The price declines contributed to higher U.S. imports of consumer goods, largely offsetting lower imports of energy-related manufactured goods. Lower prices also contributed to a substantial decline in the value of certain U.S. manufactured goods exports, as global demand for U.S. equipment used in crude petroleum and natural gas production fell and as the value of energy-consuming industry exports also declined. The large decline in the value of exports by U.S. energy-consuming industries masks an increase in the quantity of their exports as well as a rise in certain sectors' global competitiveness due to lower input prices.
Shifts in U.S. Merchandise Trade 2015 can be accessed at https://www.usitc.gov/research_and_analysis/trade_shifts_2015/index.htm.
News Release 16-123
Contact: Peg O'Laughlin, 202-205-1819
Irving A. Williamson, Chairman of the United States International Trade Commission (USITC), announced today that Jonathan R. Coleman has been named Director, Office of Industries, at the USITC.
Coleman will direct the work of the agency’s professional international trade analysts and support the Commission in its role as adviser to Congress and the President on international trade matters.
“The Commission is pleased to welcome Jonathan into his new role,” said Chairman Williamson. “The agency has benefited from his expertise and leadership strengths for many years, and they will serve us well as we move forward with new analytical and administrative responsibilities in the years ahead.”
Over his 20 years at the USITC, Coleman has served as Acting Director of the USITC Office of Industries from January 13 to August 12, 2016, and Chief of the Office of Industries’ Agriculture and Fisheries Division for 10 years. He started as an International Trade Analyst in the office’s Agriculture Division in 1996.
Before coming to the USITC, Coleman worked as an economist and an agriculture economist at the World Bank, and he served as a senior economist at Sparks Companies in McLean, VA. He began his career as a research economist at the Australian Bureau of Agricultural Economics in Canberra, Australia.
Coleman holds a Ph.D. in agricultural economics from Michigan State University; a master of science degree in agricultural and resource economics from the University of Guelph in Guelph, Ontario, Canada; and a bachelor of science degree in economics from the University of Newcastle, Newcastle, England.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent and trademark infringement.
News Release 16-122
Inv. No(s). U.S.-Chile FTA-103-029
Contact: Peg O'Laughlin, 202-205-1819
Proposed modifications to the United States-Chile Free Trade Agreement rules of origin are likely to have a negligible effect on total U.S. imports, total U.S. exports, and U.S. industry, reports the United States International Trade Commission (USITC) in its publication Probable Economic Effects of Certain Modifications to the U.S.-Chile FTA Rules of Origin.
The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).
As requested, the report provides advice on the probable economic effect of the proposed modifications to the U.S.-Chile FTA rules of origin on U.S. trade under the Agreement, on total U.S. trade, and on domestic producers of the affected articles. The proposed modifications, detailed in the USTR’s request letter, cover certain woven fabrics of artificial filament yarn classified in heading 5408 of the Harmonized Tariff Schedule of the United States.
The proposed modification for the rules of origin for certain woven fabrics of artificial filament yarns would liberalize the current rules of origin by allowing the use of more non-originating rayon filament yarns. However, because U.S. imports from Chile are a small portion of total U.S imports of dyed and yarn-dyed woven fabrics, the likely effect on total U.S. imports of these products is negligible. Similarly, because the United States did not export any of these goods to Chile in 2015 and U.S. exports of these goods to Chile represented less than 1 percent of total U.S. exports in 2014, the likely effect of the proposed modification on total U.S. exports would be negligible.
Probable Economic Effect of Certain Modifications to the U.S.-Chile FTA Rules of Origin (Inv. No. U.S.-Chile FTA-103-029, USITC publication 4632, August 2016) is available at https://www.usitc.gov/publications/332/pub4632.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 requestor. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requestor for national security reasons.
News Release 16-121
Inv. No(s). 337-TA-1022
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment mask systems and components thereof. The products at issue in the investigation are masks that are used in continuous positive airway pressure (“CPAP”) therapy systems.
The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc., both of San Diego, CA, and ResMed Ltd. of Bella Vista NSW, Australia, on August 17, 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 sleep-disordered breathing treatment mask systems and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Fisher & Paykel Healthcare Limited of East Tamaki, Auckland, New Zealand;
Fisher & Paykel Healthcare, Inc., of Irvine, CA; and
isher & Paykel Healthcare Distribution Inc. of Irvine, CA.
By instituting this investigation (337-TA-1022), 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 16-120
Inv. No(s). 731-TA-808 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on hot-rolled flat-rolled carbon-quality steel products from Russia 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 these products from Russia 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 Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Russia (Inv. No. 731-TA-808 (Third Review), USITC Publication 4639, September 2016) will contain the views of the Commission and information developed during the review.
The report will be available by October 20, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Russia was instituted on May 2, 2016.
On August 5, 2016, the Commission voted to conduct an expedited review. Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, 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.
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.
News Release 16-119
Inv. No(s). 337-TA-1021
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal transporters and components thereof. The products at issue in the investigation are self-balancing, electric vehicles for carrying a person.
The investigation is based on a complaint filed by Segway Inc. of Bedford, NH; DEKA Products Limited Partnership of Manchester, NH; and Ninebot (Tianjin) Technology Co., Ltd., of Tianjin, China, on August 16, 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 personal transporters and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Powerboard LLC of Scottsdale, AZ;
Metem Teknologi Sistemleri San of Istanbul, Turkey;
Changzhou Airwheel Technology Co., Ltd., of Changzhou, Jiangsu, China;
Airwheel of Amsterdam, Netherlands;
Nanjing Fastwheel Intelligent Technology Co., Ltd. of Qixia District, Nanjing, China;
Shenzhen Chenduoxing Electronic Technology Ltd., China, a.k.a. C-Star, of Shenzhen, China;
Hangzhou Chic Intelligent Technology Co., Ltd., of Hangzhou, China;
Hovershop of Placentia, CA;
Shenzhen Jomo Technology Co., Ltd., a.k.a. Koowheel of Shenzhen City, China;
Guangzhou Kebye Electronic Technology Co., Ltd., a.k.a. Gotway of Shenzhen, China; and
Inventist, Inc., of Camas, WA.
By instituting this investigation (337-TA-1021), 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 16-118
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has rolled out a web page to provide information about how it plans to implement new duties related to the miscellaneous tariff bill (MTB) process.
The Commission’s MTBInfo page can be found here: https://www.usitc.gov/mtbps
The American Manufacturing Competitiveness Act of 2016 (AMCA) directs the USITC to establish a process for the submission and consideration of petitions for duty suspensions and reductions.
In the past, U.S. importers would request that Members of Congress introduce bills seeking to temporarily suspend or reduce tariffs on certain imports. The Commission would review and produce reports for Congress on each bill, and the House Ways and Means and Senate Finance Committees would then combine the individual bills in a single MTB for Congressional consideration.
Under the AMCA, likely beneficiaries must now file a petition directly with the Commission. The Commission will publish and request public comment on the petitions received and issue preliminary and final reports recommending certain petitions for inclusion in an MTB for Congressional consideration.
The web page launched by the Commission is an information site and will be updated as new documents and information are released. The agency will post all key documents (notices, rules, etc.) on the page as they are issued, along with informational articles, tips for filing and commenting on MTB petitions, and other useful materials. Information on contacts is also provided on the page.
The USITC is building a web-based MTB portal to be used for filing and commenting on MTB petitions. The filing and commenting process will be entirely electronic; no paper submissions will be accepted. When the petition process launches on October 14, the MTB portal will become the main MTB page. In the meantime, the newly launched web page is where anyone interested in the process can turn for up-to-date information and access to documents.