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News Release 16-033
Inv. No(s). 701-TA-557 and 731-TA-1312 (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 stainless steel sheet and strip 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 investigations on imports of these products from China, with its preliminary countervailing duty determination due on or about May 9, 2016, and its preliminary antidumping duty determinations due on or about July 21, 2016.
The Commission’s public report Stainless Steel Sheet and Strip from China (Investigation Nos. 701-TA-557 and 731-TA-1312 (Preliminary), USITC Publication 4603, April 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 25, 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
Stainless Steel Sheet and Strip from China
Investigation Nos. 701-TA-557 and 731-TA-1312 (Preliminary)
Product Description: The merchandise covered by these investigations is stainless steel sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat‐rolled product – either in coils or straight lengths ‐ with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold‐rolled, annealed, tempered, polished, aluminized, coated, painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip following such processing. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non‐rectangular cross‐section where such cross section is achieved subsequent to the rolling process, i.e., products which have been "worked after rolling" (e.g., products which have been beveled or rounded at the edges). Excluded from the scope of these investigations are the following: (1) sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat‐rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm).
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: AK Steel Corp., West Chester, OH; Allegheny Ludlum, LLC, d/b/a ATI Flat Rolled Products, Pittsburgh, PA; North American Stainless, Inc., Ghent, KY; and Outokumpu Stainless USA, LLC, Bannockburn, IL.
3. Preliminary investigations instituted by the USITC: February 12, 2016.
4. Commission’s conference: March 4, 2016.
5. USITC vote: March 25, 2016.
6. USITC determinations to the U.S. Department of Commerce: March 28, 2016.
7. USITC views to the U.S. Department of Commerce: April 4, 2016.
U.S. Industry:
1. Number of producers in 2015: Four.
2. Location of producers’ plants: Alabama, Connecticut, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Ohio, and Pennsylvania.
3. Employment of production and related workers in 2015: 2,637.
4. Apparent U.S. consumption in 2015: $4.1 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 26.1 percent.
U.S. Imports:
1. From China during 2015: $312.2 million.
2. From other countries during 2015: $764.7 million.
3. Leading sources during 2015: China, Mexico, and Taiwan (in terms of total value).
News Release 16-032
Inv. No(s). AA1921-167 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty finding on pressure sensitive plastic tape from Italy 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 finding on imports of this product from Italy will remain in place.
Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Chairman Meredith M. Broadbent and Commissioner F. Scott Kieff voted in the negative.
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 Pressure Sensitive Plastic Tape from Italy (Inv. No. AA1921-167 (Fourth Review), USITC Publication 4602, April 2016) will contain the views of the Commission and information developed during the review.
The report will be available by April 25, 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 Pressure Sensitive Plastic Tape from Italy was instituted on March 2, 2015.
On June 6, 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, but that circumstances warranted a full 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 16-031
Inv. No(s). 337-TA-990
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics (including smartphones and smartwatches) and components thereof. The products at issue in the investigation are smartphones and smartwatches.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 11, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices incorporating haptics (including smartphones and smartwatches) 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:
Apple Inc. of Cupertino, CA;
AT&T Inc. of Dallas, TX; and
AT&T Mobility LLC of Atlanta, GA.
By instituting this investigation (337-TA-990), 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 16-030
Inv. No(s). 731-TA-1269 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of silicomanganese from Australia that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
All six Commissioners voted in the negative.
As a result of the USITC’s negative determinations, no antidumping duties will be imposed.
The Commission’s public report Silicomanganese from Australia (Investigation No. 731-TA-1269 (Final), USITC Publication 4600, April 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 27, 2016; when available, 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
Silicomanganese from Australia
Investigation No. 731-TA-1269 (Final)
Product Description: The scope of this investigation covers all forms, sizes and compositions of silicomanganese, except low-carbon silicomanganese, including silicomanganese briquettes, fines, and slag. Silicomanganese is properly classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Low-carbon silicomanganese is excluded from the scope of this investigation. Low-carbon silicomanganese is classifiable under HTSUS subheading 7202.30.0000. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope is dispositive.
Status of Proceeding:
1. Type of investigation: Final antidumping.
2. Petitioner: Felman Production LLC, Letart, West Virginia.
3. Preliminary investigation instituted by the USITC: February 19, 2015.
4. USITC hearing: February 11, 2016.
5. USITC vote: March 11, 2016.
6. USITC views to the U.S. Department of Commerce: March 23, 2016.
U.S. Industry:
1. Number of producers in 2014: Two.
2. Location of producers’ plants: Ohio and West Virginia.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: $464.7 million.
5. Ratio of the value of shipments of U.S. imports to total U.S. consumption in 2014: 1
Shipments of U.S. Imports:
1. From the subject country during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: Georgia, South Africa and Australia (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-029
Inv. No(s). 701-TA-556 and 731-TA-1311 (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 or threatened with material injury by reason of imports of truck and bus tires from China that are allegedly subsidized and sold in the United States at less than fair value.
Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Chairman Meredith M. Broadbent and Commissioner F. Scott Kieff voted in the negative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from China, with its preliminary countervailing duty determination due on or about April 25, 2016, and its preliminary antidumping duty determinations due on or about July 7, 2016.
The Commission’s public report Truck and Bus Tires from China (Investigation Nos. 701-TA-556 and 731-TA-1311 (Preliminary), USITC Publication 4601, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 11, 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
Truck and Bus Tires from China
Investigation Nos. 701-TA-556 and 731-TA-1311 (Preliminary)
Product Description: Truck and bus tires are new pneumatic tires of rubber, designed and approved for use on heavy-duty commercial truck and bus vehicles that transport cargo and passengers on roads and highways. Compared to the lighter on-road consumer tires used on passenger vehicles and commercial light trucks, subject truck and bus tires are heavier, weight-bearing tires containing larger amounts of strong natural rubber and steel reinforcement. Truck and bus tires are produced in a large number of types and sizes, radial or non-radial, tube-type or tubeless, but are predominately of the tubeless, steel belted radial design, and sold in the original equipment and replacement markets. Tires of this nature are found on a large variety of vehicles, from the familiar urban around town haul trucks and passenger buses, to the higher speed, heavy-duty tractor-trailer rigs and passenger buses on highways. The product definition includes both unmounted and mounted tires, however only the tire is covered by the scope.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (“USW”), Pittsburgh, Pennsylvania.
3. Preliminary investigations instituted by the USITC: January 29, 2016.
4. Commission’s conference: February 19, 2016.
5. USITC vote: March 11, 2016.
6. USITC determinations to the U.S. Department of Commerce: March 14, 2016.
7. USITC views to the U.S. Department of Commerce: March 21, 2016.
U.S. Industry:
1. Number of producers in 2015: Four.
2. Location of producers’ plants: Illinois, Kansas, New York, South Carolina, Tennessee, and Virginia.
3. Employment of production and related workers in 2015: 6,423.
4. Apparent U.S. consumption in 2015: $5.9 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 43 percent.
U.S. Imports:
1. From the subject country during 2015: $1.2 billion.
2. From other countries during 2015: $1.3 billion.
3. Leading nonsubject sources during 2015: Canada, Japan, and Thailand (by quantity).
News Release 16-028
Inv. No(s). 337-TA-989
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated teller machines, ATM modules, components thereof, and products containing the same. The products at issue in the investigation are ATMs, ATM modules, components thereof, and products containing the same, including deposit automation modules, cash handling modules, and cassettes therefor.
The investigation is based on a complaint filed by Nautilus Hyosung Inc. of Seoul, Republic of Korea, and Nautilus Hyosung America, Inc., of Irving, TX, on February 9, 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 automated teller machines, ATM modules, components thereof, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Diebold, Incorporated, of North Canton, OH; and
Diebold Self-Service Systems of North Canton, OH.
By instituting this investigation (337-TA-989), 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 16-027
Inv. No(s). 337-TA-988
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pumping bras. The products at issue in the investigation are nursing bras that allow for hands-free pumping.
The investigation is based on a complaint filed by Simple Wishes, LLC, of Sacramento, CA, on February 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 pumping bras that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
TANZKY of Chaohuilou, Luohugu, China;
BabyPreg of Shenzhen, Guangdong, China;
Deal Perfect of Shenzhen, Guangdong, China; and
Buywish of Nanjing, Jiangsu, China.
By instituting this investigation (337-TA-988), 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 16-026
Inv. No(s). 731-TA-282 (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 petroleum wax candles 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 "petroleum wax candles" 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 16-025
Inv. No(s). 701-TA-555 and 731-TA-1310 (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 amorphous silica fabric 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 investigations on imports of these products from China, with its preliminary countervailing duty determination due on or about April 14, 2016, and its preliminary antidumping duty determinations due on or about June 28, 2016.
The Commission’s public report Certain Amorphous Silica Fabric from China (Investigation Nos. 701-TA-555 and 731-TA-1310 (Preliminary), USITC Publication 4598, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 4, 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
Certain Amorphous Silica Fabric from China
Investigation Nos. 701-TA-555 and 731-TA-1310 (Preliminary)
Product Description: The product covered by these investigations is woven (whether from yarns or rovings) industrial grade amorphous silica fabric, which contains a minimum of 90 percent silica (SiO2) by nominal weight, and a nominal width in excess of 8 inches. The investigation covers industrial grade amorphous silica fabric regardless of other materials contained in the fabric, regardless of whether in roll form or cut-to-length, regardless of weight, width (except as noted above), or length. The investigation covers industrial grade amorphous silica fabric regardless of whether the product is approved by a standards testing body (such as being Factory Mutual (FM) Approved), or regardless of whether it meets any governmental specification.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: Auburn Manufacturing, Inc., Mechanic Falls, ME.
3. Preliminary investigations instituted by the USITC: January 20, 2016.
4. Commission’s conference: February 10, 2016.
5. USITC vote: March 4, 2016.
6. USITC determinations to the U.S. Department of Commerce: March 7, 2016.
7. USITC views to the U.S. Department of Commerce: March 14, 2016.
U.S. Industry:
1. Number of producers in 2015: Two.
2. Location of producers’ plants: Maine and California.
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 China during 2015: 1
2. From other countries during 2015: 1
3. Leading import source during 2015: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-024
Inv. No(s). 337-TA-987
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hospital beds and components thereof. The products at issue in the investigation are hospital beds having certain side rail and braking features.
The investigation is based on a complaint filed by Stryker Corporation of Kalamazoo, MI, on February 1, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hospital beds and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Umano Médical Inc. of L’Islet, Quebec, Canada; and
Umano Médical World Inc. of L’Islet, Quebec, Canada.
By instituting this investigation (337-TA-987), 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.