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News Release 16-055
Inv. No(s). 337-TA-999
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain air mattress bed systems and components thereof. The products at issue in the investigation are mattress systems having air chambers that are used to adjust firmness for individualized comfort.
The investigation is based on a complaint filed by Select Comfort Corporation of Minneapolis, MN, and Select Comfort SC Corporation of Greenville, SC, on April 20, 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 air mattress bed systems and components thereof by reason of infringement of patents asserted by the complainants. The complainants request that the USITC issue limited exclusion orders and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
American National Manufacturing Inc. of Corona, CA;
Elements of Rest Inc. of Atlanta, GA;
Responsive Surface Technology LLC of Atlanta, GA; and
Dires LLC d/b/a Personal Comfort Bed of Orlando, FL.
By instituting this investigation (337-TA-999), 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 16-054
Inv. No(s). TA-105-001
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its report assessing the likely impact of the Trans-Pacific Partnership (TPP) Agreement that the President has entered into with Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.
The USITC's report, Trans-Pacific Partnership Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors, provides an assessment of the likely impact of the Agreement on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers, as requested by the U.S. Trade Representative and required by the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.
In making its assessment, the Commission investigated the impact the agreement will have on the U.S. gross domestic product; exports and imports; aggregate employment and employment opportunities; and the production, employment, and competitive position of industries likely to be significantly affected by the agreement. In preparing its assessment, the Commission also reviewed available economic assessments regarding the Agreement, including literature concerning any substantially equivalent proposed agreement. The Commission provides a description of the analytical methods used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the Commission’s analyses and conclusions of other economic assessments reviewed.
Main Findings
- The Commission used a dynamic computable general equilibrium model to determine the impact of TPP relative to a baseline projection that does not include TPP. The model estimated that TPP would have positive effects, albeit small as a percentage of the overall size of the U.S. economy. By year 15 (2032), U.S. annual real income would be $57.3 billion (0.23 percent) higher than the baseline projections, real GDP would be $42.7 billion (0.15 percent) higher, and employment would be 0.07 percent higher (128,000 full-time equivalents). U.S. exports and U.S. imports would be $27.2 billion (1.0 percent) and $48.9 billion (1.1 percent) higher, respectively, relative to baseline projections. U.S. exports to new FTA partners would grow by $34.6 billion (18.7 percent); U.S. imports from those countries would grow by $23.4 billion (10.4 percent).
- Among broad sectors of the U.S. economy, agriculture and food would see the greatest percentage gain relative to the baseline projections; output would be $10.0 billion, or 0.5 percent, higher by year 15. The services sector would benefit, with a gain of $42.3 billion in output. Output in manufacturing, natural resources, and energy would be $10.8 billion (0.1 percent) lower with the TPP Agreement than it would be compared with baseline estimates without the agreement.
- Many stakeholders consider two new electronic commerce provisions that protect cross-border data flows and prohibit data localization requirements to be crucial to the development of cross-border trade in services, and vital to optimizing the global operations of large and small U.S. companies in all sectors.
- TPP would generally establish trade-related disciplines that strengthen and harmonize regulations, increase certainty, and decrease trade costs for firms that trade and invest in the TPP region. Interested parties particularly emphasized the importance of TPP chapters addressing intellectual property rights, customs and trade facilitation, investment, technical barriers to trade, sanitary and phytosanitary standards, and state-owned enterprises.
Trans-Pacific Partnership Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors (Investigation No. TPA-105-001, USITC Publication 4607, May 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4607.pdf
News Release 16-053
Inv. No(s). 337-TA-998
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hybrid electric vehicles and component thereof. The products at issue in the investigation are passenger cars or vehicles that use hybrid electric power with certain types of controllers.
The investigation is based on a complaint filed by Paice LLC and Abell Foundation, Inc., both of Baltimore, MD, on April 15, 2016, and subsequently amended on April 29, 2016. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hybrid electric vehicles and component thereof by reason of infringement of 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:
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Dr. Ing. H.C. F. Porsche AG of Stuttgart, Germany;
Porsche Cars North America, Inc., of Atlanta, GA;
Audi AG of Ingolstadt, Germany; and
Audi of America, LLC, of Herndon, VA.
By instituting this investigation (337-TA-998), 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 16-051
Inv. No(s). 337-TA-997
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 systems and components thereof. The products at issue in the investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.
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 April 14, 2016, and subsequently corrected on April 18, 2016 and supplemented on April 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 sleep-disordered breathing treatment systems and components thereof by reason of infringement of patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist orders.
The USITC has identified the following as respondents in this investigation:
BMC Medical Co., Ltd., of Shijingshan, Beijing, China;
3B Medical, Inc., of Lake Wales, FL; and
3B Products, L.L.C., of Lake Wales, FL.
By instituting this investigation (337-TA-997), 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 16-052
Inv. No(s). 701-TA-558 and 731-TA-1316 (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 threatened with material injury by reason of imports of 1-hydroxyethylidene-1, 1-disphosphonic acid (HEDP) from China that are allegedly subsidized and sold in the United States at less than fair value.
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 investigation on imports of this product from China, with its preliminary countervailing duty determination due on or about June 24, 2016, and its antidumping duty determination due on or about September 7, 2016.
The Commission’s public report 1-Hydroxyethylidene-1, 1-Disphosphonic Acid (HEDP) from China, Inv. Nos. 701-TA-558 and 731-TA-1316 (Preliminary), USITC Publication 4612, May 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 13, 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
1-Hydroxyethylidene-1, 1-diphosphonic acid (“HEDP”) from China
Investigation Nos. 701-TA-558 and 731-TA-1316 (Preliminary)
Product Description: HEDP is an odorless, colorless to yellowish acidic liquid organic phosphorus chemical compound used principally in industrial water treatment applications where it is effective in increasing the solubility of metal mineral ions that otherwise would cause harmful scaling in process equipment. The product is sold largely in 60 percent aqueous industrial grade acidic solution, although the scope extends to all purity levels and aqueous concentrations of acidic (non-neutralized) HEDP. The product is stable across a wide range of temperatures, pH, and chlorine levels. In addition to its major use as an antiscalant in commercial cooling water systems, the product also finds effective use in reverse osmosis desalination, sequestration (stabilization) of metal ions that color water and stain surfaces, and serves to stabilize bar soap and antimicrobial agent formulations. HEDP is a reaction product of phosphorous acid and acetic anhydride, in which salable acetic acid byproduct is also produced: 2H3PO3 + (CH3CO)2O = C2H8O7P2 (HEDP) + CH3COOH (Acetic Acid).
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: Compass Chemical International, LLC, Smyrna, GA.
3. Preliminary investigations instituted by the USITC: March 31, 2016.
4. Commission’s conference: April 21, 2016.
5. USITC vote: May 13, 2016.
6. USITC determinations to the U.S. Department of Commerce: May 16, 2016.
7. USITC views to the U.S. Department of Commerce: May 23, 2016.
U.S. Industry:
1. Number of producers in 2015: One.
2. Location of producer’s plant: Georgia.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2015: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 1
U.S. Imports:
1. From the subject country during 2015: 1
2. From other countries during 2015: 1
3. Leading sources during 2015: 1
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-050
Inv. No(s). 731-TA-1315 (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 ferrovanadium from Korea that are allegedly sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Korea, with its preliminary antidumping duty determination due on or about September 6, 2016.
The Commission’s public report Ferrovanadium from Korea (Investigation No. 731-TA-1315 (Preliminary), USITC Publication 4611, May 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available after June 9, 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
Ferrovanadium from Korea
Investigation No. 731-TA-1315 (Preliminary)
Product Description: The product covered by this investigation is all ferrovanadium regardless of grade (i.e., percentage of contained vanadium), chemistry, form, shape, or size. Ferrovanadium is an alloy of iron and vanadium.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioners: The Vanadium Producers and Reclaimers Association and its members: AMG Vanadium, LLC, Cambridge, OH; Bear Metallurgical Company, Butler, PA; Gulf Chemical & Metallurgical Corporation, Freeport, TX; and Evraz Stratcor, Inc., Hot Springs, AR.
3. Preliminary investigation instituted by the USITC: March 28, 2016.
4. Commission’s conference: April 18, 2016.
5. USITC vote: May 11, 2016.
6. USITC determinations to the U.S. Department of Commerce: May 12, 2016.
7. USITC views to the U.S. Department of Commerce: May 19, 2016.
U.S. Industry:
1. Number of producers in 2015: Two.
2. Location of producers’ plants: Ohio and Pennsylvania.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2015: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 1
U.S. Imports:
1. From the subject country during 2015: $16.3 million.
2. From other countries during 2015: $50.7 million.
3. Leading sources during 2015: Czech Republic, Korea, and Austria (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-049
Inv. No(s). 337-TA-996
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain quartz slabs and portions thereof. The products at issue in the investigation are quartz slabs.
The investigation is based on a complaint filed by Cambria Company LLC of Belle Plaine, MN, on April 14, 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 quartz slabs and portions thereof by reason of infringement of patents asserted by the complainant. The complainant requests 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:
Wilsonart LLC of Temple, TX; and
Dorado Soapstone LLC of Denver, CO.
By instituting this investigation (337-TA-996), 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 16-048
Inv. No(s). 337-TA-995
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrical conductor composite cores and components thereof. The products at issue in the investigation are composite core conductors that are used in overhead electrical transmission lines.
The investigation is based on a complaint filed by CTC Global Corporation of Irvine, CA, on April 8, 2016 and amended on April 26, 2016. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electrical conductor composite cores and components thereof that infringe patents 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:
Mercury Cable & Energy, Inc. of San Juan Capistrano, CA; and
Shenzhen Zm Hesheng Power Development Co., Ltd. of Futian Shenzhen China.
By instituting this investigation (337-TA-995), 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 16-047
Inv. No(s). 731-TA-298 (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”) review concerning the antidumping duty order on porcelain-on-steel cooking ware from China.
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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.
All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote on this matter is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
The record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "porcelain-on-steel cooking ware" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
News Release 16-046
Inv. No(s). 731-TA-1071 (Second 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”) review concerning the antidumping duty order on alloy magnesium from China.
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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 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 on this matter is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
The record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "alloy magnesium" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.