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News Release 16-045
Inv. No(s). 337-TA-994
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable electronic devices and components thereof. The products at issue in the investigation are portable electronic devices, such as smart phones, with the capability of playing stored media files selected by a user from a hierarchical display.
The investigation is based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc., of Milpitas, CA, on March 24, 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 portable electronic devices and components thereof that infringe a patent 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:
ZTE Corporation of Guangdong, China;
ZTE (USA) Inc. of Richardson, TX;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc., of Tokyo, Japan;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA), Inc., of Atlanta, GA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics Mobilecomm U.S.A., Inc., of San Diego, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
Blackberry Ltd. of Waterloo, Ontario, Canada; and
Blackberry Corporation of Irving, Texas.
By instituting this investigation (337-TA-994), 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 16-043
Inv. No(s). 731-TA-282 (Fourth 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 petroleum wax candles 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 Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fourth Review), USITC Publication 4610, May 2016) will contain the views of the Commission and information developed during the review.
The report will be available by May 31, 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 Petroleum Wax Candles from China was instituted on December 1, 2015.
On March 7, 2016, the Commission voted to conduct an expedited review. 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 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 16-042
Inv. No(s). 731-TA-1314 (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 phosphor copper 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 August 16, 2016.
The Commission’s public report Phosphor Copper from Korea (Investigation No. 731-TA-1314 (Preliminary), USITC Publication 4608, May 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available after May 23, 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
Phosphor Copper from Korea
Investigation No. 731-TA-1314 (Preliminary)
Product Description: Phosphor copper is a master alloy of copper containing between 5 and 17 percent phosphorus by weight. Phosphor copper is frequently produced to JIS H2501 and ASTM B-644, Alloy A3 standards or higher. The subject product has three primary uses: (1) a deoxidizing agent, (2) an alloying additive, and (3) a component of brazing alloys.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioner: Metallurgical Products Company, West Chester, PA.
3. Preliminary investigation instituted by the USITC: March 9, 2016.
4. Commission’s conference: March 30, 2016.
5. USITC vote: April 21, 2016.
6. USITC determination to the U.S. Department of Commerce: April 25, 2016.
7. USITC views to the U.S. Department of Commerce: May 2, 2016.
U.S. Industry:
1. Number of producers in 2015: Three.
2. Location of producers’ plants: Illinois, New York, 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 countries during 2015: 1
2. From other countries during 2015: 1
3. Leading source during 2015: Korea (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
# # #
News Release 16-041
Inv. No(s). 337-TA-992
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain height-adjustable desk platforms and components thereof. The products at issue in the investigation are height-adjustable desk platforms, and components thereof, which are designed to allow users to work while standing rather than sitting. The products allow users to securely position their work surfaces at different heights.
The investigation is based on a complaint filed by Varidesk LLC of Coppell, TX, on March 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 height-adjustable desk platforms and components thereof 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:
Nortek, Inc., of Providence, RI; and
Ergotron, Inc., of St. Paul, MN.
By instituting this investigation (337-TA-992), 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 16-040
Inv. No(s). 332-552
Contact: Peg O'Laughlin, 202-205-1819
U.S. restrictions on trade with and travel to Cuba have largely prevented U.S. suppliers and investors from accessing the Cuban market, and new or expanded U.S. exports in several goods and services sectors could occur if U.S. restrictions are lifted, according to the U.S. International Trade Commission (USITC) report, Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions.
However, even if U.S. restrictions are lifted, Cuban nontariff measures, institutional and infrastructural factors, and other barriers, including those associated with a non-market, state-controlled economy, still exist and may affect the ability of foreign partners to trade with or invest in the country, according to the report.
The USITC, an independent, nonpartisan, factfinding federal agency, prepared the report at the request of the U.S. Senate Committee on Finance.
As requested, the USITC report provides information on trends in Cuban imports of goods and services from 2005 to the present; a discussion of the effects of U.S. restrictions on trade with and travel to Cuba on U.S. exports; and a qualitative assessment of Cuban nontariff measures, institutional and infrastructural problems, and other barriers that may inhibit or otherwise affect the ability of firms to conduct business in and with Cuba. It also presents a qualitative and quantitative sectoral analysis of potential U.S. exports of goods and services to Cuba in the event that U.S. restrictions are lifted and Cuban import barriers are reduced. Highlights follow.
- Total Cuban imports of goods reached $9.3 billion in 2014, while imports of services totaled $2.5 billion. Before initial U.S. restrictions were implemented in 1960, Cuba was a major U.S. trading partner, ranking as the seventh-largest U.S. export market. In 2014, however, it ranked as the 125th-largest U.S. market, with U.S. exports to Cuba totaling just $299 million.
Cuban imports from the United States reached a high of $712 million in 2008; however, in 2015, Cuban imports from the United States totaled just $180 million, down 40 percent from 2014. Cuban imports from the United States are comprised largely of agricultural goods. The global recession, restrictions on credit, and the Cuban government’s decision to reduce U.S. food purchases are considered major factors in the 2009-14 drop in U.S. agricultural exports to Cuba. [Read More]
- U.S. restrictions on trade with and travel to Cuba have reportedly shut U.S. suppliers out of a market in which they could be competitive on price, quality, and proximity. These restrictions often raise the cost of doing business enough to make U.S. exports uncompetitive in the Cuban market. Most often cited as problematic is the U.S. requirement that Cuba pay for most U.S. goods in cash or via third-country banks. [Read More]
- Cuban nontariff measures and other factors may limit U.S. exports to and investment in Cuba if U.S. restrictions are lifted. These measures and factors include Cuban government control of trade and distribution, legal limits on foreign investment and property ownership, Cuba’s dual currency and exchange rate systems, and politically motivated decision making regarding trade and investment. Other factors -- such as customs duties and procedures, and the sanitary and phytosanitary measures applied to agricultural imports -- do not appear to significantly impact trade. [Read More]
- Cuba is highly dependent on imports to feed its population, and for certain agricultural commodities, U.S. exports to Cuba could see significant gains from the removal of U.S. restrictions, particularly those related to credit financing. U.S. producers can offer a wide variety of high-quality goods, competitive prices, smaller shipments, lower transportation costs, and faster delivery times. [Read More]
- For manufactured goods, exports would likely increase somewhat after the removal of U.S. restrictions, with prospects for larger increases in the longer term, subject to changes in Cuban policy and economic growth. Cuba relies heavily on imports for many of the manufactured goods it once produced, and the United States can supply a variety of products and ship most items at a lower cost than competitors. [Read More]
- Cuba is a net exporter of services, owing to its strong tourism and medical services sectors. If U.S. restrictions are removed, U.S. exports of services to Cuba would not likely grow substantially in the near term. However, in the medium to long terms, there is greater potential for U.S. exports of certain services, as well as of goods to support the provision of these services. [Read More]
- The Commission's quantitative analysis for segments of the economy for which data were available suggests that if U.S. restrictions on U.S. exports to Cuba were lifted, and Cuba were to respond like a market-based economy, U.S. exports to Cuba of selected agricultural and manufactured products could increase in the medium term by about $1.4 billion from a base year (2010-13 average) of $400.8 million to approximately $1.8 billion. If U.S. restrictions were removed and Cuban import barriers were reduced to the level of the calculated average for developing countries, the quantitative analysis suggests that U.S. exports of selected agricultural and manufactured goods could increase by an additional $442 million, to a total of about $2.2 billion. [Read More]
Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions (Investigation No. 332-552, USITC Publication 4597, March 2016) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4597.pdf.
USITC general factfinding investigations 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 USITC’s objective findings and independent analyses on the subject investigated. The USITC 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 reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 16-039
Inv. No(s). 332-558
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for a new investigation concerning whether certain textile and apparel articles from Nepal are import sensitive.
The investigation, Nepal: Advice Concerning Whether Certain Textile and Apparel Articles Are Import Sensitive, was requested by the U.S. Trade Representative (USTR) in a letter received on March 30, 2016.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of providing duty-free treatment for the following 66 products, listed by Harmonized Tariff Schedule (HTS) subheading, from Nepal:
- Luggage and attaché cases (5 subheadings): 4202.11.00, 4202.12.20, 4202.12.40, 4202.12.60, 4202.12.80;
- Handbags (10 subheadings): 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.40, 4202.22.45, 4202.22.60, 4202.22.70, 4202.22.80, 4202.29.50, 4202.29.90;
- Pocket Goods (4 subheadings): 4202.31.60, 4202.32.40, 4202.32.80, 4202.32.95;
- Travel Bags (9 subheadings): 4202.91.00, 4202.92.08, 4202.92.15, 4202.92.20, 4202.92.30, 4202.92.45, 4202.92.60, 4202.92.90, 4202.99.90;
- Carpets (13 subheadings): 5701.10.90, 5702.31.20, 5702.49.20, 5702.50.40, 5702.50.59, 5702.91.30, 5702.91.40, 5702.92.90, 5702.99.15, 5703.10.20, 5703.10.80, 5703.90.00, 5705.00.20
- Shawls, Scarves, and Travel Blankets (7 subheadings): 6117.10.60, 6214.10.10, 6214.10.20, 6214.20.00, 6214.40.00, 6214.90.00, 6301.90.00
- Hats (13 subheadings): 6504.00.90, 6505.00.08, 6505.00.15, 6505.00.20, 6505.00.25, 6505.00.30, 6505.00.40, 6505.00.50, 6505.00.60, 6505.00.80, 6505.00.90, 6506.99.30, 6506.99.60
- Gloves (2 subheadings): 4203.29.50, 6216.00.80
- Miscellaneous Articles (Headbands and Needlecraft Kits) (3 subheadings): 6117.80.85, 6217.10.85, 6308.00.00
The USITC will submit its confidential report to USTR by September 29, 2016. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.
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 hold a public hearing in connection with the investigation at 9:30 a.m. on June 9, 2016. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on May 23, 2016, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on June 24, 2016. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated April 15, 2016. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.
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 16-038
Inv. No(s). 731-TA-1313 (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 1,1,1,2-Tetrafluoroethane (R-134a) from China 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 China, with its preliminary antidumping duty determination due on or about August 10, 2016.
The Commission’s public report 1,1,1,2-Tetrafluoroethane (R-134a) from China (Investigation No. 731-TA-1313 (Preliminary), USITC Publication 4606, April 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available after May 16, 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
1,1,1,2-Tetrafluoroethane from China
Investigation No. 731-TA-1313 (Preliminary)
Product Description: 1,1,1,2-Tetrafluoroethane (HFC‐134a or R‐134a) is a clear, colorless liquid or gas, which is gaseous at normal atmospheric conditions. The chemical formula for R-134a is CF3‐CH2F, and the Chemical Abstracts Service (“CAS”) registry number is CAS 811‐97‐2. R-134a is mainly used as a refrigerant for air conditioning (“A/C”) systems. It is the primary refrigerant in mobile (e.g., automobile) A/C systems and can be blended with other chemicals for use in stationary refrigeration systems. R‐134a is also used as a propellant in pharmaceutical, household cleaning, and foam expansion products.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioners: The American HFC Coalition and its individual members (Amtrol, Inc., West Warwick, RI; Arkema, Inc., King of Prussia, PA; The Chemours Company FC LLC, Wilmington, DE; Honeywell International Inc., Morristown, NJ; Hudson Technologies, Pearl River, NY; Mexichem Fluor Inc., St. Gabriel, LA; and Worthington Industries, Inc., Columbus, OH) as well as District Lodge 154 of the International Association of Machinists and Aerospace Workers, Calvert City, KY.
3. Preliminary investigation instituted by the USITC: March 3, 2016.
4. USITC conference: March 24, 2016.
5. USITC vote: April 15, 2016.
6. USITC determination to the U.S. Department of Commerce: April 18, 2016.
7. USITC views to the U.S. Department of Commerce: April 25, 2016.
U.S. Industry:
1. Number of producers in 2015: Three.
2. Location of producers’ plants: Kentucky, Louisiana, and Texas.
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 in 2015:
1. From the subject country during 2015: 1
2. From other countries during 2015: $8.1 million
3. Leading source during 2015: China (in terms of total value)
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-037
Inv. No(s). 332-557
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has launched an investigation to examine the U.S. aluminum industry and global aluminum trade.
The investigation, Aluminum: Competitive Conditions Affecting the U.S. Industry, was requested by the House Committee on Ways and Means in a letter received on February 24, 2016.
The USITC, an independent, nonpartisan, factfinding federal agency, will report on factors of competition in major unwrought and wrought (semi-fabricated) aluminum producing and exporting countries, including the United States. The USITC will examine industry characteristics, recent trade trends and developments, competitive strengths and weakness, factors driving unwrought-production capacity increases, and government policies that affect aluminum production and exports in these countries.
The USITC will also perform a qualitative, and to the extent possible, quantitative assessment of the impact of government policies and programs in the selected foreign countries on aluminum production, exports, consumption, and domestic prices, as well as on the U.S. aluminum industry and global aluminum markets.
The USITC expects to deliver the report to the Committee by June 24, 2017.
The USITC will hold a public hearing in connection with the investigation on September 29, 2016. Requests to appear at the hearing should be filed no later than 5:15 p.m. on September 5, 2016, with the Secretary, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436. For further information, call 202-205-2000.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on February 21, 2017. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions is available in the USITC's notice of investigation, dated April 6, 2016, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.
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 16-036
Inv. No(s). Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Review) and 731-TA-1043-1045 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam 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 determinations, the existing antidumping and countervailing duty orders on imports of these products from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam 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 these five-year (sunset) reviews.
The Commission’s public report Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Review) and 731-TA-1043-1045 (Second Review)), USITC Publication 4605, April 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 9, 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) reviews concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam were instituted on April 1, 2015.
On July 6, 2015, the Commission voted to conduct full reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate; that the respondent group response from Malaysia was adequate; and that the respondent group responses from China, Indonesia, Taiwan, Thailand, and Vietnam were inadequate, but that circumstances warranted full reviews.
A record of the Commission’s vote to conduct full reviews 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 16-034
Inv. No(s). 337-TA-991
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nanopores and products containing same. The products at issue in the investigation are nanopores and DNA sequencers containing nanopores.
The investigation is based on a complaint filed by Illumina Inc. of San Diego, CA; the University of Washington of Seattle, WA; and UAB Research Foundation of Birmingham, AL, on February 23, 2016 and subsequently supplemented on March 2, 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 nanopores and products containing same 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:
Oxford Nanopore Technologies Ltd. of Oxford, United Kingdom; and
Oxford Nanopore Technologies, Inc., of Cambridge, MA.
By instituting this investigation (337-TA-991), 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.