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News Release 16-022
Inv. No(s). 337-TA-986
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain diaper disposal systems and components thereof, including diaper refill cassettes. The products at issue in the investigation are generally refill cassettes for diaper disposal systems that contain plastic film that ultimately forms disposal bags for soiled diapers so that the diapers may be disposed of in a hygienic way.
The investigation is based on a complaint filed by Edgewell Personal Care Brands, LLC, of Chesterfield, MO, and International Refills Company Ltd. of Welches, Christ Church, Barbados, on January 21, 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 diaper disposal systems and components thereof, including diaper refill cassettes, 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:
Munchkin, Inc. of Van Nuys, CA;
Munchkin Baby Canada, Ltd., of Brampton, Ontario, Canada; and
Lianyungang Brilliant Daily Products Co. Ltd. of Lianyungang, Jiangsu, China.
By instituting this investigation (337-TA-986), 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.
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News Release 16-023(c)
Inv. No(s). 701-TA-554 and 731-TA-1309 (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 biaxial integral geogrid products from China that are allegedly subsidized and sold in the United States at less than fair value.
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 7, 2016, and its preliminary antidumping duty determination due on or about June 21, 2016.
The Commission’s public report Certain Biaxial Integral Geogrid Products from China (Investigation Nos. 701-TA-554 and 731-TA-1309 (Preliminary), USITC Publication 4596, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 28, 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 Biaxial Integral Geogrid Products from China
Investigation Nos. 701-TA-554 and 731-TA-1309 (Preliminary)
Product Description:
Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut‐to‐length, attached to woven or nonwoven fabric or sheet material, or packaged) in which four‐sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products have integral strands that have been stretched to induce molecular orientation into the material constituting the sides of the openings and integral junctions where the strands intersect. “Integral” refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter in any direction and average overall flexural stiffness of more than 100,000 milligram‐centimeter. The most common use is the construction of paved (usually asphalt) and unpaved roads. The product interlocks with road building materials to prevent lateral movement and increases the road’s load bearing capacity.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: Tensar Corporation, Morrow, GA.
3. Preliminary investigations instituted by the USITC: January 13, 2016.
4. Commission’s conference: February 3, 2016.
5. USITC vote: February 26, 2016.
6. USITC determinations to the U.S. Department of Commerce: February 29, 2016.
7. USITC views to the U.S. Department of Commerce: March 7, 2016.
U.S. Industry:
1. Number of producers during 2014: Two.
2. Location of producers’ plants: Alabama, Maryland, and Georgia.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 1
U.S. Imports:
1. From the subject country during 2014: $9.25 million.
2. From other countries during 2014: None.
3. Leading sources during 2014: China (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-021
Inv. No(s). 701-TA-469 and 731-TA-1168 (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 seamless carbon and alloy steel standard, line, and pressure pipe 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 determinations, the existing antidumping and countervailing duty orders on imports of this product 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 these five-year (sunset) reviews.
The Commission’s public report Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China (Inv. Nos. 701-TA-469 and 731-TA-1168 (Review), USITC Publication 4595, March 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by March 23, 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China were instituted on October 1, 2015.
On January 4, 2016, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited 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 16-020
Inv. No(s). 701-TA-551-553 and 731-TA-1307-1308 (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 new pneumatic off-the-road tires from India that are allegedly sold in the United States at less than fair value and subsidized by the governments of India and Sri Lanka.
The Commission further determined that imports of these products from China are negligible.
All six Commissioners voted in the affirmative with respect to India and Sri Lanka and determined that imports under these investigations from China are negligible.
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 India and Sri Lanka, with its preliminary countervailing duty determinations due on or about April 4, 2016, and its preliminary antidumping duty determinations due on or about June 16, 2016. As a result of the Commission’s finding of negligibility, the investigations on imports of these products from China will be terminated.
The Commission’s public report Certain New Pneumatic Off-the-Road Tires from China, India, and Sri Lanka (Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary), USITC Publication 4594, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain New Pneumatic Off-The-Road Tires from China, India, and Sri Lanka
Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary)
Product Description: New pneumatic off-the-road (OTR) tires are typically heavy-duty tires of various types and sizes designed for use principally on vehicles and implements in the agricultural, mining and construction, and other industrial sectors. OTR tires may be either tube-type or tubeless, radial, or non-radial in construction, and produced for sale in the original equipment and replacement markets, whether or not mounted to wheels or rims; however, only the tire is covered by the investigative scope. Subject OTR tire sizes and specifications are reported in sections of the Tire and Rim Association Year Book. Excluded from the scope are mining and construction tires of 39 inch rim diameter and above, on-road consumer and commercial tires bearing the symbol DOT, tires that are not new, solid tires, and certain other tires including those for use on ATVs. Chinese unmounted OTR tires subject to existing AD/CVD orders are also excluded.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Titan Tire Corporation, Des Moines, IA, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania Pittsburgh, PA.
3. Preliminary investigations instituted by the USITC: January 8, 2016.
4. Commission’s conference: January 29, 2016.
5. USITC vote: February 19, 2016.
6. USITC determinations to the U.S. Department of Commerce: February 24, 2016.
7. USITC views to the U.S. Department of Commerce: March 2, 2016.
U.S. Industry:
1. Number of producers in 2015: Five.
2. Location of producers’ plants: Illinois, Iowa, Kansas, Ohio, Pennsylvania, and Tennessee.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2014: $2.4 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 48 percent.
U.S. Imports:
1. From the subject countries during 2014: $238 million.
2. From other countries during 2014: $891 million.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-019
Inv. No(s). 337-TA-985
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain surgical stapler devices and components thereof. The products at issue in the investigation are surgical stapler devices for use in abdominal, gynecologic, pediatric, and thoracic surgeries.
The investigation is based on a complaint filed by Covidien LP of Mansfield, MA, on January 8, 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 surgical stapler devices 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 Chongqing QMI Surgical Co., Ltd., of Chongqing, China, as the respondent in this investigation.
By instituting this investigation (337-TA-985), 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 16-018
Inv. No(s). 701-TA-528-529 and 731-TA-1264-1268 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and subsidized by the governments of China and Indonesia.
All six Commissioners voted in the affirmative.
The Commission also made a negative finding with respect to critical circumstances with regard to imports of this product from Australia. As a result, goods that entered the United States from Australia prior to August 26, 2015, the date of the Department of Commerce’s affirmative preliminary determination, will not be subject to retroactive duties.
As a result of the USITC’s affirmative determinations, the Department of Commerce will issue countervailing duty orders on imports of this product from China and Indonesia and antidumping duty orders on imports of this product from Australia, Brazil, China, Indonesia, and Portugal.
The Commission’s public report Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final), USITC Publication 4592, February 2016) will contain the views of the Commissioners and information developed during the investigations.
The report will be available by March 14, 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
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final)
Product Description: Certain uncoated paper covered by these investigations includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level of 85 or higher or is a colored paper; whether or not surface-decorated, printed, embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions. Certain uncoated paper is generally used for office reprographics (copy and printer paper), books, instruction manuals, inserts, business forms, flyers, maps, and brochures.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburg, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; P. H. Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL.
3. Investigations instituted by USITC: January 21, 2015.
4. USITC hearing: January 7, 2016.
5. USITC vote: February 9, 2016.
6. USITC notification of Department of Commerce: February 22, 2016.
U.S. Industry:
1. Number of producers in 2014: Ten.
2. Location of producers’ plants: Alabama, Arkansas, Kentucky, Louisiana, Minnesota, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Washington, and Wisconsin.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: $4.5 billion
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 19.5 percent.
U.S. Imports:
1. From the subject countries during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: Indonesia, Brazil, Portugal, Canada, China, and Australia (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-017
Inv. No(s). 731-TA-1058 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year (“sunset”) review concerning the antidumping duty order on wooden bedroom furniture from China.
As a result of this vote, the Commission will conduct a full 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.
All six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full 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 "wooden bedroom furniture" 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 review.
News Release 16-016
Inv. No(s). 731-TA-1306 (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 large residential washers 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 these products from China, with its preliminary antidumping duty determination due on or about May 24, 2016.
The Commission’s public report Large Residential Washers from China (Investigation No. 731-TA-1306 (Preliminary), USITC Publication 4591, February 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available after February 29, 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
Large Residential Washers from China
Investigation No. 731-TA-1306 (Preliminary)
Product Description: Large residential washers (LRWs) are automatic clothes washing machines, regardless of the orientation of the rotational axis (horizontal or vertical) of the laundry drum, with a cabinet width (measured from its widest point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm). Also included are certain parts of LRWs, namely cabinets, tubs, baskets, and combinations of such parts. In this instance, LRWs exclude the following products: (1) stacked washer-dryers that have a washing and drying machines built on a unitary frame and share a common control console; (2) commercial washers with electronics for payment; (3) certain low technology top loading or front loading washers that have a drive train using belts; and (4) extra-wide, front loading washers with a horizontal rotational axis and a cabinet width of more than 28.5 inches (72.39 cm). LRWs are used in residences for washing clothes.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping duty.
2. Petitioner: Whirlpool Corp., Benton Harbor, MI.
3. Preliminary investigation instituted by the USITC: December 16, 2015.
4. Commission’s conference: January 6, 2016.
5. USITC vote: January 29, 2016.
6. USITC determination to the U.S. Department of Commerce: February 1, 2016.
7. USITC views to the U.S. Department of Commerce: February 8, 2016.
U.S. Industry:
1. Number of producers in 2014: Four.[1]
2. Location of producers’ plants: Kentucky, Ohio, and Wisconsin.
3. Employment of production and related workers in 2014: [2]
4. Apparent U.S. consumption in 2014: 2
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 2
U.S. Imports:
1. From the subject countries during 2014: 2
2. From other countries during 2014: 2
3. Leading sources during 2014: 2
[1] The most recent full year of data is 2014, and the period of investigation is 2012–September 2015.
[2] Withheld to avoid disclosure of business proprietary information.
News Release 16-015
Inv. No(s). 337-TA-984
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computing or graphic systems, components thereof, and vehicles containing same. The products at issue in the investigation include semiconductor chips that provide graphics functionality found in certain vehicle computing systems, navigation systems with such semiconductor chips, and vehicles that contain certain types of computing or graphic systems.
The investigation is based on a complaint filed by Advanced Silicon Technologies LLC of Portsmouth, NH, on December 28, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computing or graphics systems, components thereof, and vehicles containing 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:
Bayerische Motoren Werke AG of Munich, Germany;
BMW of North America, LLC, of Woodcliff Lake, NJ;
BMW Manufacturing Co., LLC, of Greer, SC;
Fujitsu Ten Limited of Kobe-shi, Hyogo-ken, Japan;
Fujitsu Ten Corp. of America, Inc., of Novi, MI;
Harman International Industries Incorporated of Stamford, CT;
Harman Becker Automotive Systems, Inc., of Farmington Hills, MI;
Harman Becker Automotive Systems GmbH of Karlsbad, Germany;
Honda Motor Co., Ltd., of Tokyo, Japan;
Honda North America, Inc., of Torrance, CA;
American Honda Motor Co., Inc., of Torrance, CA;
Honda Engineering North America, Inc., of Marysville, OH;
Honda of America Mfg., Inc., of Marysville, OH;
Honda Manufacturing of Alabama, LLC, of Lincoln, AL;
Honda Manufacturing of Indiana, LLC, of Greensburg, IN;
Honda R&D Americas, Inc., of Torrance, CA;
NVIDIA Corporation of Santa Clara, CA;
Renesas Electronics Corporation of Tokyo, Japan;
Renesas Electronics America, Inc., of Santa Clara, CA;
Texas Instruments Incorporated of Dallas, TX;
Toyota Motor Corporation of Toyota-shi, Aichi-ken, Japan;
Toyota Motor North America, Inc., of New York, NY;
Toyota Motor Sales, U.S.A., Inc., of Torrance, CA;
Toyota Motor Engineering & Manufacturing North America, Inc., of Erlanger, KY;
Toyota Motor Manufacturing, Indiana, Inc., of Princeton, IN;
Toyota Motor Manufacturing, Kentucky, Inc., of Georgetown, KY;
Toyota Motor Manufacturing, Mississippi, Inc., of Blue Springs, MS;
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Volkswagen Group of America Chattanooga Operations, LLC, of Chattanooga, TN;
Audi AG of Inglostadt, Germany; and
Audi of America, LLC, of Herndon, VA.
By instituting this investigation (337-TA-984), 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 16-014
Inv. No(s). 731-TA-125 (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 potassium permanganate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing antidumping duty order on imports of this product from China will remain in place.
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 Potassium Permanganate from China (Inv. No. 731-TA-125 (Fourth Review), USITC Publication 4590, January 2016) will contain the views of the Commission and information developed during the review.
The report will be available by February 19, 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 Potassium Permanganate from China was instituted on September 1, 2015.
On December 7, 2015, the Commission voted to conduct an expedited review. Vice Chairman Dean A. Pinkert 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. Chairman Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full 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.