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News Release 16-075
Inv. No(s). 337-TA-1009
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inflatable products and processes for making the same. The products at issue in the investigation are inflatable products, such as air mattresses, with internal tensioning structures that help maintain the intended shape of the product.
The investigation is based on a complaint filed by Intex Recreation Corp. of Long Beach, CA, and Intex Marketing Ltd. of Road Town, Tortola, British Virgin Islands, on May 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 inflatable products and processes for making the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Bestway (USA) Inc. of Phoenix, AZ;
Bestway Global Holdings, Inc., of Shanghai, Peoples Republic of China;
Bestway (Hong Kong) Intemational, Ltd., of Kowloon, Hong Kong;
Bestway Inflatables & Materials Corporation of Shanghai, Peoples Republic of China; and
Bestway (Nantong) Recreation Corp. of Nantong, Jiangsu, Peoples Republic of China.
By instituting this investigation (337-TA-1009), 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 16-074
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof. The products at issue in the investigation are medical supply, trauma and training products, including spine boards, cervical collars, CPR masks, and training manikins.
The investigation is based on a complaint filed by Laerdal Medical Corp. of Wappingers Falls, NY, and Laerdal Medical AS of Stavanger, Norway, on March 21, 2016. An amended complaint was filed on May 18, 2016. A supplement to the amended complaint was filed on June 7, 2016. The amended 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 carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof that infringe patent, copyright, trademark, and trade dress rights asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Shanghai Evenk International Trading Co., Ltd., of Shanghai, China;
Shanghai Honglian Medical Instrument Development Co., Ltd., of Shanghai, China;
Shanghai Jolly Medical Education Co., Ltd., of Shanghai, China;
Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., of Ziangjiagang City, Jiangsu, China;
Zhangjiagang New Fellow Med Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical Equipment Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangyin Everise Medical Devices Co., Ltd., of Jiangyin City, Jiangsu, China;
Medsource International Co., Ltd. and Medsource Factory, Inc., of PuDong, China; and
Basic Medical Supply, LLC, of Richmond, TX.
By instituting this investigation (337-TA-1008), 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 16-073
Inv. No(s). 337-TA-1007
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal transporters, components thereof, and packaging and manuals therefor. The products at issue in the investigation are Respondents’ 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 May 18, 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, components thereof, and packaging and manuals therefor that infringe patents and trademarks asserted by the complainants. The complainants request that the USITC issue a general exclusion order, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Inventist, Inc., of Camas, WA;
PhunkeeDuck, Inc., of Floral Park, NY;
Razor USA LLC, of Cerritos, CA;
Swagway LLC, of South Bend, IN;
Segaway, of Studio City, CA; and
Jetson Electric Bikes LLC, of New York, NY.
By instituting this investigation (337-TA-1007), 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 16-072
Contact: Peg O'Laughlin, 202-205-1819
On June 17th, 2016, Irving A. Williamson became Chairman of the U.S. International Trade Commission (USITC). He succeeded outgoing Chairman Meredith M. Broadbent, whose term expired on June 16, 2016. Williamson, the senior Democrat on the Commission, became Chairman by operation of law in the absence of a Presidential designation.
A Democrat of New York, Williamson was nominated to the USITC by President George W. Bush on September 7, 2006; renominated on January 9, 2007; and confirmed by the U.S. Senate on February 1, 2007. He was sworn in as a member of the Commission on February 7, 2007, for a term expiring on June 16, 2014. He previously served as Chairman of the USITC for the term June 17, 2012, to June 16, 2014. He served as Vice Chairman of the USITC for the term June 17, 2010, to June 16, 2012.
Williamson has almost 50 years of experience in the international affairs and trade policy fields. Prior to his USITC appointment, he was for seven years President of Williamson International Trade Strategies, Inc., a New York-based consulting firm that advised clients on legal, policy, and regulatory issues affecting international trade and business. As a consultant, he worked with over 20 U.S. Agency for International Development (USAID) and other donor-funded projects, advising countries on World Trade Organization (WTO) accession, compliance, and participation; he has also conducted WTO and other trade-related training programs all over the world. Much of his work focused on trade with Africa and the Middle East.
From 1993 to 1998, Williamson was Deputy General Counsel in the Office of the U.S. Trade Representative (USTR), where he helped manage a 14-attorney office that was engaged in more than 30 dispute settlement proceedings. The office was named best government international law office in May 1997. As Deputy General Counsel, he worked on implementing legislation for the WTO and the North American Free Trade Agreement and also served as chairman of the interagency Section 301 Committee, which investigated foreign trade barriers. He served as acting general counsel for seven months. Williamson played a role in developing President Bill Clinton's Partnership for Economic Growth and Opportunity in Africa initiative and represented USTR in negotiations with the Congress on the African Growth and Opportunity Act legislation.
Following his USTR service, Williamson was Vice President for Trade, Investment, and Economic Development Programs at the Africa-America Institute in New York. From 1985 to 1993, he was the manager of trade policy for the Port Authority of New York and New Jersey. Prior to his Port Authority service, Williamson served for 18 years as a Foreign Service Officer with the U.S. Department of State.
Williamson holds a Bachelor of Arts degree in history from Brown University, a Master of Arts degree in international relations with an emphasis on African studies and international economics from the Johns Hopkins School of Advanced International Studies, and a Juris Doctor degree from the George Washington University Law School. He is married to Cheryl A. Parham, has two children, Patrick and Elizabeth, and resides in New York City.
The USITC is an independent, nonpartisan, quasi-judicial federal agency that makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights, provides independent tariff, trade and competitiveness-related analysis and information to the legislative and executive branches of government, and maintains the U.S. tariff schedule. Commissioners are appointed by the President and confirmed by the Senate for nine year terms, unless they are appointed to fill unexpired terms.
News Release 16-071
Inv. No(s). CAFTA-DR-103-028
Contact: Peg O'Laughlin, 202-205-1819
Proposed modifications to the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) rules of origin are likely to have negligible effects on total U.S. trade and U.S. industry, reports the United States International Trade Commission (USITC) in its publication Probable Economic Effects of Certain Modifications to the CAFTA-DR 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 effects of the proposed modifications to the CAFTA-DR rules of origin on U.S. trade under CAFTA-DR, on total U.S. trade, and on domestic producers of the affected articles. The proposed modifications, detailed in the USTR’s request letter, cover chemical products, polyvinyl chloride and other plastics, gaming machines, and fishing lures.
The proposed modification for the rule of origin for fishing lures could result in a significant increase in U.S. imports of fishing lures from CAFTA-DR partner countries. However, because U.S. imports from CAFTA-DR countries are a small portion of total U.S imports of fishing lures, the effect on total U.S. imports of these products is likely negligible. For all other products, the likely effects on U.S. imports from CAFTA-DR partner countries are negligible.
Probable Economic Effects of Certain Modifications to the CAFTA-DR Rules of Origin (Inv. No. CAFTA-DR-103-028, USITC publication 4613, June 2016) is available at https://www.usitc.gov/publications/332/pub4613.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 16-069
Inv. No(s). U.S.-Chile FTA-103-029
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) is seeking input on a new investigation concerning proposed modifications to the United States-Chile Free Trade Agreement (FTA) rules of origin.
The investigation, Probable Economic Effect of Certain Modifications to the U.S.-Chile FTA Rules of Origin, was requested by the U.S. Trade Representative (USTR) in a letter received on May 24, 2016. The letter included an attachment detailing the articles affected by the proposed modifications. The request covers woven fabric of artificial filament yarns.
As requested by the USTR, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed U.S.-Chile FTA rules of origin modifications on U.S. trade under the Agreement, total U.S. trade, and on domestic producers of the affected articles.
The USITC expects to submit its advice to the USTR by August 24, 2016. A public version of the report, with all confidential business information deleted, will be released as soon as possible thereafter.
The USITC is seeking input for its new 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 not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on July 11, 2016.
Further information on the scope of this investigation, the proposed rules of origin modifications, and the procedures for written submissions is available in the USITC's notice of investigation, dated June 16, 2016, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.
News Release 16-070
Inv. No(s). 731-TA-1071 (Second 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 alloy magnesium 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 Meredith M. Broadbent and Commissioners Irving A. Williamson, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein voted in the affirmative. Vice Chairman 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 Alloy Magnesium from China (Inv. No. 731-TA-1071 (Second Review), USITC Publication 4618, June 2016) will contain the views of the Commission and information developed during the review.
The report will be available by July 21, 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 Alloy Magnesium from China was instituted on February 1, 2016.
On May 6, 2016, the Commission voted to conduct an expedited review. Chairman Meredith M. Broadbent and Commissioners Irving A. Williamson, David S. Johanson, 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. Vice Chairman Dean A. Pinkert did not participate in this 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 16-068
Inv. No(s). 337-TA-1006
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain passenger vehicle automotive wheels. The products at issue in the investigation are automotive wheels with certain designs and/or trademarks that are used with Mercedes-Benz automobiles.
The investigation is based on a complaint filed by Daimler AG of Stuttgart, Germany, on April 11, 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 passenger vehicle automotive wheels that infringe patents and trademarks asserted by the complainant. The complainant requests 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:
A-Z Wheels LLC d/b/a UsaRim/UsaRim.com/Eurotech Wheels of San Diego, CA;
Galaxy Wheels & Tires, LLC, of San Diego, CA;
Infobahn International, Inc., d/b/a Infobahn/Eurotech/Eurotech Luxury Wheels/Eurotech Wheels/UsaRim of San Diego, CA;
Amazon.com, Inc., of Seattle, WA;
A Spec Wheels & Tires LLC d/b/a A SPEC Wheels & Tires of Hayward, CA;
American Tire Distributors Holdings, Inc., of Huntersville, NC;
American Tire Distributors, Inc., of Huntersville, NC;
Onyx Enterprises Int’l, Corp. d/b/a CARiD.COM of Cranbury, NJ;
O.E. Wheel Distributors, LLC, of Sarasota, FL;
Powerwheels Pro, LLC, of Waterford, MI; and
Trade Union International, Inc. d/b/a Topline of Montclair, CA.
By instituting this investigation (337-TA-1006), 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 16-067
Inv. No(s). 332-501
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its annual compilation of reports published every two weeks on textile and apparel imports from China.
The report, Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2015, was requested by the U.S. House of Representatives' Committee on Ways and Means.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, produced an annual compilation of data that has been posted on a bi-weekly basis on the USITC website. The data in the report are shown on an annual and quarterly basis, by category and by Harmonized Tariff Schedule (HTS) 10-digit subheadings.
By category, annual data are provided from 2008 through 2015, and quarterly data are provided from first quarter 2014 through fourth quarter 2015. By HTS10 subheading, annual data are provided from 2013 through 2015, and quarterly data are provided from first quarter 2014 through fourth quarter 2015.
The report also will be available on the USITC Internet site in Excel and PDF formats at https://www.usitc.gov/research_and_analysis/what_we_are_working_on.htm (scroll down to the bottom of the page). A DVD of the report may be requested by email at pubrequest@usitc.gov, by calling 202-205-2000, or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.
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 16-066
Inv. No(s). 337-TA-1005
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain L-tryptophan, L-tryptophan products, and their methods of production. The products at issue in the investigation are L-tryptophan and L-tryptophan products used as a supplement to animal feed or as a nutritional supplement for humans.
The investigation is based on a complaint filed by Ajinomoto Co., Inc., of Tokyo, Japan, and Ajinomoto Heartland Inc. of Chicago, IL, on May 10, 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 L-tryptophan, L-tryptophan products, and their methods of production that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
CJ CheilJedang Corp. of Seoul, Republic of Korea;
CJ America, Inc. of Downers Grove, IL; and
PT CheilJedang Indonesia of Jakarta, Indonesia.
By instituting this investigation (337-TA-1005), 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.