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News Release 16-065
Inv. No(s). 731-TA-1070B
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on certain tissue paper products 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 these products 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 Certain Tissue Paper Products from China (Inv. No. 731-TA-1070B (Second Review), USITC Publication 4617, June 2016) will contain the views of the Commission and information developed during the review.
The report will be available by July 12, 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 Certain Tissue Paper Products from China was instituted on June 1, 2015.
On September 4, 2015, the Commission voted to conduct a full review. All six Commissioners concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate. Chairman Meredith M. Broadbent and Commissioners David S. Johanson and F. Scott Kieff voted for a full review, finding that circumstances warranted a full review. Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson and Rhonda K. Schmidtlein voted for an expedited 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.
News Release 16-064
Inv. No(s). 337-TA-1004
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof. The products at issue in the investigation are smartphones and laptops.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on May 5, 2016 and supplements thereto. 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 mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof that infringe patents asserted by the complaint. 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:
Apple Inc. of Cupertino, CA; and
AT&T Mobility LLC of Atlanta, GA.
By instituting this investigation (337-TA-1004), 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 16-063
Inv. No(s). 337-TA-1003
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) last week voted to institute an investigation of certain composite aerogel insulation materials and methods for manufacturing same. The products at issue in the investigation are very lightweight and low density insulation materials made using certain manufacturing processes.
The investigation is based on a complaint filed by Aspen Aerogels, Inc., of Northborough, MA, on May 5, 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 composite aerogel insulation materials and methods for manufacturing same that infringe patents asserted by the complaint. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Nano Tech Co., Ltd., of Shaoxing, Zhejiang, People’s Republic of China; and
Guangdong Alison Hi-Tech Co., Ltd., of Guangzhou, People’s Republic of China.
By instituting this investigation (337-TA-1003), 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 16-062
Inv. No(s). 731-TA-1063-1064 and 1066-1068 (Second 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 duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam.
As a result of these 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 Brazil, India, Thailand, and Vietnam, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to China, 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.
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 "frozen warmwater shrimp" 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 16-061
Inv. No(s). 731-TA-308-310 and 520-521 (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 carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand.
As a result of this vote, the Commission will conduct expedited reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The 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.
Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, 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. Chairman Meredith M. Broadbent and Commissioner David S. Johanson concluded that the domestic group response for these reviews 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 "butt-weld pipe fittings" 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 16-060
Inv. No(s). 332-556
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released a public version of its confidential report on possible modifications to the Generalized System of Preferences (GSP).
The investigation, Generalized System of Preferences: Possible Modifications, 2015 Review (Investigation No. 332-556), 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 April 26, 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 the addition of the following Harmonized Tariff Schedule (HTS) subheadings:
For all GSP-eligible countries:
- 2204.21.20 (effervescent wine),
- 3301.13.00 (essential oil of lemon), and
- 7202.11.50 (ferromanganese containing by weight more than 4 percent of carbon).
For least-developed beneficiary developing countries (LDBDC), African Growth and Opportunity Act (AGOA) beneficiary developing countries, and both these country groupings combined:
- 29 HTS subheadings for certain handbags and travel goods products (4202.11.00, 4202.11.00.30, 4202.11.0090, 4202.12.2020, 4202.12.2050, 4202.12.40, 4202.12.8030, 4202.12.8070, 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.45, 4202.22.8050, 4202.31.60, 4202.32.40, 4202.32.80, 4202.32.9550, 4202.32.9560, 4202.91.0030, 4202.91.0090, 4202.92.15, 4202.92.20, 4202.92.3020, 4202.92.3031, 4202.92.3091, 4202.92.45, 4202.92.9026, 4202.92.9060, and 4202.99.90).
The USITC also provided advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of the removal of 5 HTS subheadings for specified countries:
- 3204.20.10 (fluorescent brightening agent 32) from India and Indonesia,
- 3204.20.80 (other fluorescent brightening agents) from India and Indonesia,
- 3907.60.00 (PET resin also known as polyethylene terephthalate in primary forms) from India,
- 3920.62.00 (nonadhesive plates, sheets, film, foil and strip, noncellular, of polyethylene terephthalate) from Brazil, and
- 3921.90.40 (nonadhesive plates, sheets, film, foil and strip, flexible, nesoi*, of noncellular plastics) from Brazil.
The USITC also provided advice on the likely impact on competing U.S. industries of competitive need limitation waivers specified in section 503(c)(2)(A) of the Trade Act of 1974 for 4 Harmonized Tariff Schedule (HTS) subheadings. "Competitive need limits" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. The USITC was requested to use the dollar figure of $170 million for the competitive need limitation. 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. The four HTS subheadings and specified countries that the USITC provided advice are:
- 0804.10.60 (dates, fresh or dried, whole, without pits, packed in units weighing over 4.6 kg) from Tunisia,
- 2102.20.60 (single-cell micro-organisms, dead, excluding yeasts, but not including vaccines of heading 3002) from Brazil,
- 2202.90.90 (nonalcoholic beverages, nesi*, not including fruit or vegetable juices of heading 2009) from Thailand, and
- 8708.50.95 (parts and accessories of motor vehicle of 8701, nesoi, 8702 and 8704-8705, half-shafts) from India.
* nesoi and nesi – not elsewhere specified or indicated
The Generalized System of Preferences: Possible Modifications, 2015 Review (Investigation No. 332-556, USITC publication 4609, May 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4609.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 16-059
Inv. No(s). 337-TA-1002
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carbon and alloy steel products. The products at issue in the investigation are carbon and alloy steel products from China.
The investigation is based on a complaint filed by U.S. Steel Corporation of Pittsburgh, PA, on April 26, 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 carbon and alloy steel products through one or more of the following unfair acts: (1) a conspiracy to fix prices and control output and export volumes, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1; (2) the misappropriation and use of U.S. Steel’s trade secrets; and (3) the false designation of origin or manufacturer, in violation of the Lanham Act, 15 U.S.C. § 1125(a). 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:
Hebei Iron and Steel Group Co., Ltd., of Shijiazhuang City, Hebei Province, China;
Hebei Iron & Steel Group Hengshui Strip Rolling Co., Ltd., of Hengshui City, Hebei Province, China;
Hebei Iron & Steel (Hong Kong) International Trade Co., Ltd., of Hong Kong, China;
Shanghai Baosteel Group Corporation of Shanghai, China;
Baoshan Iron & Steel Co., Ltd., of Shanghai, China;
Baosteel America Inc. of Montvale, NJ;
Jiangsu Shagang Group of Zhangjiagang, Jiangsu Province, China;
Jiangsu Shagang International Trade Co., Ltd., of Zhangjiagang, Jiangsu Province, China;
Anshan Iron and Steel Group of Anshan City, Liaoning Province, China;
Angang Group International Trade Corporation of Anshan, Liaoning Province, China;
Angang Group Hong Kong Co. Ltd. of Wanchai, Hong Kong, China;
Wuhan Iron and Steel Group Corp. of Hubei Province, China;
Wuhan Iron and Steel Co., Ltd., Wuhan City, Hubei Province, China;
WISCO America Co., Ltd., Newport Beach, CA;
Shougang Group of Beijing, China;
China Shougang International Trade & Engineering Corporation of Beijing, China;
Shandong Iron and Steel Group Co. Ltd. of Jinan City, Shandong Province, China;
Shandong Iron and Steel Co., Ltd., Jinan City, Shandong Province, China;
Jigang Hong Kong Holdings Co., Ltd., of Wan Chai, Hong Kong, China;
Jinan Steel International Trade Co., Ltd., of Jinan City, Shandong Province, China;
Magang Group Holding Co. Ltd. of Maanshan City, Anhui Province, China;
Maanshan Iron and Steel Co. Ltd. of Maanshan City, Anhui Province, China;
Bohai Iron and Steel Group of Tianjin, China;
Tianjin Pipe (Group) Corporation of Tianjin Province, China;
Tianjin Pipe International Economic & Trading Corporation of Tianjin Province, China;
TPCO Enterprise, Inc., Houston, TX;
TPCO America Corporation of Gregory, TX;
Benxi Steel (Group) Co. Ltd. of Benxi City, Liaoning Province, China;
Benxi Iron and Steel (Group) International Economic and Trading Co. Ltd. of Benxi City, Liaoning Province, China;
Hunan Valin Steel Co. Ltd. of Changsha City, Hunan Province, China;
Hunan Valin Xiangtan Iron and Steel Co. Ltd. of Xiangtan City, Hunan Province, China;
Tianjin Tiangang Guanye Co., Ltd., of Tianjin, China;
Wuxi Sunny Xin Rui Science and Technology Co., Ltd., of Wuxi Province, China;
Taian JNC Industrial Co., Ltd., Tai’an City, Shandong Province, China;
EQ Metal (Shanghai) Co., Ltd., Shanghai, China;
Kunshan Xinbei International Trade Co., Ltd., Jiangsu, China;
Tianjin Xinhai Trade Co., Ltd., Tianjin, China;
Tianjin Xinlianxin Steel Pipe Co., Ltd., of Tianjin, China;
Tianjin Xinyue Industrial and Trade Co., Ltd., of Tianjin, China; and
Xian Linkun Materials (Steel Pipe Supplies) Co., Ltd., Xi’an City, Shaanxi Province, China.
By instituting this investigation (337-TA-1002), 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 16-058
Inv. No(s). 337-TA-1001
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers and hardware and software components thereof. The products at issue in the investigation are digital video receivers and the hardware and software components thereof, including, for example, interactive program guide software.
The investigation is based on a complaint filed by Rovi Corporation and Rovi Guides, Inc., both of San Carlos, CA, on April 6, 2016. An amended complaint was filed on April 25, 2016. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital video receivers and hardware and software 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:
Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC, of Philadelphia, PA;
Comcast Cable Communications Management, LLC, of Philadelphia, PA;
Comcast Business Communications, LLC, of Philadelphia, PA;
Comcast Holdings Corporation of Philadelphia, PA;
Comcast Shared Services, LLC, of Chicago, IL;
Technicolor SA of Issy-les-Moulineaux, France;
Technicolor USA Inc. of Indianapolis, IN;
Technicolor Connected Home USA LLC of Indianapolis, IN;
Pace Ltd. of West Yorkshire, England;
Pace Americas LLC of Boca Raton, FL;
Arris International plc of Suwanee, GA;
Arris Group Inc. of Suwanee, GA;
Arris Technology, Inc., of Horsham, PA;
Arris Enterprises Inc. of Suwanee, GA; and
Arris Solutions, Inc., of Suwanee, GA.
By instituting this investigation (337-TA-1001), 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 16-057
Inv. No(s). 701-TA-559-561 and 731-TA-1317-1328 (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 certain carbon and alloy steel cut-to-length plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and Korea.
The Commission further determined that imports of these products that are allegedly subsidized by the government of Brazil are negligible.
All six Commissioners made a finding of negligibility with respect to imports that are allegedly subsidized by the government of Brazil and voted in the affirmative with respect to all other investigations.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its antidumping duty investigations on imports of this product from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey, and its countervailing duty investigations on imports of this product from China and Korea, with its preliminary countervailing duty determinations due on or about July 5, 2016, and its preliminary antidumping duty determinations due on or about September 15, 2016.
As a result of the Commission’s finding of negligibility, the countervailing duty investigation on imports of these products from Brazil will be terminated.
The Commission’s public report Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey, Inv. Nos. 701-TA-559-561 and 731-TA-1317-1328 (Preliminary), USITC Publication 4615, May 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 21, 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
Certain Carbon and Alloy Steel Cut-to-length Plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey
Investigation Nos. 701-TA-559-561 and 731-TA-1317-1328 (Preliminary)
Product Description: Cut-to-length (CTL) plate is a flat-rolled carbon or alloy steel product that is 4.75 millimeters or more in thickness. CTL plate is available in a variety of widths, thicknesses, and shapes. The term “cut-to-length” refers to a flat plate product with a defined length. Plate is used in load-bearing and structural applications, such as agricultural and construction equipment (e.g., cranes, bulldozers, scrapers, and other tracked or self-propelled machinery); bridges; machine parts (e.g., the body of the machine or its frame); electricity transmission towers and light poles; buildings (especially nonresidential); and heavy transportation equipment, such as railroad cars (especially tank cars) and ships. The product scope also includes wide flat carbon steel bar at least 150 mm (5.9 inches) in width.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC.
3. Preliminary investigations instituted by the USITC: April 14, 2016.
4. Commission’s conference: April 29, 2016.
5. USITC vote: May 20, 2016.
6. USITC determinations to the U.S. Department of Commerce: May 23, 2016.
7. USITC views to the U.S. Department of Commerce: May 31, 2016.
U.S. Industry:
1. Number of producers in 2015: Seventeen.
2. Location of producers’ plants: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kentucky, Illinois, Indiana, Iowa, Louisiana, Minnesota, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Washington.
3. Employment of production and related workers in 2015: 3,889.
4. Apparent U.S. consumption in 2015: 7.2 million short tons.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 20.9 percent.
U.S. Imports:
1. From the subject countries during 2015: 1
2. From other countries during 2015: [1]
3. Leading sources during 2015: Korea, Germany, and France (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-056
Inv. No(s). 337-TA-1000
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized self-balancing vehicles. The products at issue in the investigation are two-wheeled motorized vehicles that resemble skateboards.
The investigation is based on a complaint filed by Razor USA LLC of Cerritos, CA, and Inventist, Inc., and Shane Chen, both of Camas, WA, on March 22, 2016. Letters supplementing the complaint were filed on March 23, April 12, April 13, April 18, and May 5, 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 motorized self-balancing vehicles by reason of infringement of a patent asserted by the complainants, and by reason of false advertising, misrepresentation and unfair competition. 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:
Alibaba Group Holding Ltd. of Causeway Bay, Hong Kong;
Alibaba.com Ltd. of Hangzhou, China;
Hangzhou Chic Intelligent Technology Co., Ltd., of Hangzhou, China;
Contixo of Ontario, CA;
ZTO Store a.k.a. ZTO Trading Inc., of Monterey Park, CA;
CyBoard LLC a.k.a. Shark Empire Inc. of Glendale, CA;
Genius Technologies a.k.a. Prime Capital of Hastings, MN;
GyroGlyder.com of Stockton, CA;
HoverTech of Hebron, KY;
InMotion Entertainment Group LLC of Jacksonville, FL;
Soibatian Corporation d/b/a/IO Hawk and d/b/a Smart Wheels of Glendale, CA;
Jetson Electric Bikes LLC of New York, NY;
Joy Hoverboard, a.k.a. Huizhou Aoge Enterprize Co. Ltd. of Huizhou, China;
Shenzhen Kebe Technology Co., Ltd., of Shenzhen, China;
Leray Group of Beijing, China;
Modell’s Sporting Goods, Inc., of New York, NY;
Newegg.com Inc. of City of Industry, CA;
PhunkeeDuck, Inc., of Floral Park, NY;
Powerboard a.k.a. Optimum Trading Co. of Hebron, KY;
Shareconn International, Inc., of Shenzhen, Guangdong, China;
Shenzhen Chenduoxing Electronic Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Jomo Technology Co., Ltd., of Shenzhen City, China;
Shenzhen R.M.T. Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Supersun Technology Co. Ltd. a.k.a. Aottom of Shenzhen, Guangdong, China;
Skque Products of Irwindale, CA;
Spaceboard USA of Norcross, GA;
Swagway LLC of South Bend, IN;
Twizzle Hoverboard of La Puente, CA; and
Uwheels of Santa Ana, CA.
By instituting this investigation (337-TA-1000), 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.