U.S. International Trade Commission

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cellular base station communication equipment, components thereof, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation. 

The investigation is based on a complaint filed by Apple, Inc. of Cupertino, CA, on January 19, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cellular base station communication equipment, components thereof, and products containing same.  The complainant requests that the USITC issue a limited exclusion order and a permanent cease and desist order.  

The USITC has identified the following as the respondents this investigation:

Ericsson AB, of Kista, Stockholm, Sweden; 
Telefonaktiebolaget LM Ericsson, of Kista, Stockholm, Sweden; and
Ericsson Inc., of Plano, TX.

By instituting this investigation (337-TA-1302), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation certain of mobile phones and tablet computers, all with switchable connectivity.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Ericsson Inc. of Plano, TX and Telefonaktiebolaget LM Ericsson of Kista, Stockholm, Sweden, on January 18, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of mobile phones and table computers, all with switchable connectivity, and products containing same.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following respondent this investigation:

Apple, Inc., of Cupertino, CA

By instituting this investigation (337-TA-1301), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Ericsson Inc. of Plano, TX and Telefonaktiebolaget LM Ericsson of Kista, Stockholm, Sweden, on January 18, 2022.  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 phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following respondent in this investigation:

Apple, Inc., of Cupertino, CA

By instituting this investigation (337-TA-1300), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Ericsson Inc. of Plano, TX and Telefonaktiebolaget LM Ericsson of Kista, Stockholm, Sweden, on January 18, 2022.  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 telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following as respondent in this investigation:

Apple, Inc., of Cupertino, CA

By instituting this investigation (337-TA-1299), 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.

Jason E. Kearns, Chair of the United States International Trade Commission (USITC or Commission), announced today that Judge Clark S. Cheney has been named the Chief Administrative Law Judge (ALJ) at the USITC.

As Chief ALJ, Cheney will provide administrative guidance and leadership to assure a thorough, yet expeditious, processing of the Commission’s investigations involving unfair practices in import trade under section 337 of the Tariff Act of 1930 (“Section 337”).  He will continue to preside in Section 337 investigations as well.  The Commission’s ALJs manage an active litigation docket, preside over evidentiary hearings, and make initial determinations in Section 337 investigations, most of which involve allegations of patent and trademark infringement.

Cheney has served as Acting Chief ALJ since January 2022, following the retirement of former Chief ALJ Charles E. Bullock.

Cheney has served as an ALJ at the USITC since March 2018.  Prior to his appointment, Judge Cheney served as an ALJ with the Federal Energy Regulatory Commission and the Social Security Administration.  Before becoming an ALJ, he worked in the USITC’s Office of the General Counsel as a Section 337 attorney advisor for several years.  In that role, he regularly argued appeals to the U.S. Court of Appeals for the Federal Circuit on behalf of the Commission.  Prior to that, Cheney also served as an attorney advisor in the USITC’s Office of ALJs and was detailed to the Office of the U.S. Trade Representative. 

Cheney began his career as a patent examiner and served as a law clerk to Judge William Bryson at the Federal Circuit.  During several years of private practice, he represented domestic and international clients in intellectual property litigation. 

Cheney holds a juris doctor degree, cum laude, from Georgetown University Law Center and a Bachelor of Science degree in electrical engineering from the University of Utah.  Cheney is a member of the International Association of LGBTQ+ Judges and resides in Washington, DC, with his husband.

The USITC is an independent, nonpartisan, quasi-judicial federal agency that investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry, violations of U.S. intellectual property rights, or other unfair methods of competition in connection with imported goods; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on the African Growth and Opportunity Act (AGOA) Program and its usage and will provide an overview of the program and industry case studies to better understand the relative competitiveness of each sector and its impact on workers, economic development, and poverty reduction.

The investigation, African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights, Inv. No. 332-589, was requested by the U.S. House of Representatives Committee on Ways and Means (Committee) in a letter received on January 19, 2022. The Committee noted in its letter that the current program will expire on September 30, 2025.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the Committee. The report will provide, to the extent practicable:

• an overview of the AGOA program and its use, including a description of the program, an overview of U.S. imports, identification of country utilization rates, and a qualitative examination, including a literature review; and
• case studies on cotton, apparel, certain chemicals, and cocoa.

The USITC expects to submit its report to the Committee by March 17, 2023.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on June 9, 2022.  Information about how to participate in the hearing, including whether it will be virtual, will be posted on the Commission’s website no later than May 2, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm. 

Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 25, 2022 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on October 27, 2022. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@USITC.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated February 16, 2022, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov. .

About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain networking devices, computers, and components thereof and systems containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Proven Networks, LLC of Los Angeles, CA, on January 13, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain networking devices, computers, and components thereof and systems containing the same that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following respondent in this investigation:

NetApp, Inc., of San Jose, CA

By instituting this investigation (337-TA-1298), 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.

1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners:  Mid Continent Nail Corporation, Poplar Bluff, Missouri
3. USITC Institution Date:  Thursday, December 30, 2021.
4. USITC Conference Date:  Thursday, January 20, 2022.
5. USITC Vote Date:  Friday, February 11, 2022.
6. USITC Notification to Commerce Date:  Monday, February 14, 2022.

1. Number of U.S. producers:  9
2. Location of producers’ plants:  Arkansas, California, Illinois, Missouri, Ohio, South Carolina, and Tennessee
3. Production and related workers:  ^[1]
4. U.S. producers’ U.S. shipments:  ¹
5. Apparent U.S. consumption:  ¹
6. Ratio of subject imports to apparent U.S. consumption:  ¹

1. Type of investigation:  Preliminary antidumping duty investigations.
2. Petitioners:  Ventura Coastal LLC, Ventura, California
3. USITC Institution Date:  Thursday, December 30, 2021.
4. USITC Conference Date:  Thursday, January 20, 2022.
5. USITC Vote Date:  Friday, February 11, 2022.
6. USITC Notification to Commerce Date:  Monday, February 14, 2022.

1. Number of U.S. producers:  2.
2. Location of producers’ plants:  Arizona, California, and Florida
3. Production and related workers:  ^[1]
4. U.S. producers’ U.S. shipments:  ¹
5. Apparent U.S. consumption:  ¹
6. Ratio of subject imports to apparent U.S. consumption:  ¹

U.S. Imports in 2020:

1. Subject imports:  $24 million.
2. Nonsubject imports:  $135 million.
3. Leading import sources:  Argentina, Brazil, Mexico, and South Africa.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of pentafluoroethane (R-125) from China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.

Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners Rhonda K. Schmidtlein and Amy A. Karpel voted in the affirmative.  Commissioner David S. Johanson voted in the negative.

As a result of the Commission’s affirmative determinations, Commerce will issue countervailing and antidumping duty orders on imports of this product from China.

The Commission made a negative finding concerning critical circumstances with regard to imports of this product from China that are sold in the United States at less than fair value and subsidized by the Government of China.  As a result, these imports will not be subject to retroactive antidumping and countervailing duties.

The Commission’s public report Pentafluoroethane (R-125) from China (Inv. Nos. 701-TA-662 and 731-TA-1554 (Final), USITC Publication 5281, February 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 7, 2022; 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
Washington, DC 20436<

FACTUAL HIGHLIGHTS

Pentafluoroethane (R-125) from China
Investigation Nos. 701-TA-662 and 731-TA-1554 (Final)

Product Description:  Pentafluoroethane (R-125) is a hydrofluorocarbon ("HFC"), a class of man-made chemicals that contain fluorine, carbon, and hydrogen atoms. The chemical formula for R-125 is C2HF5 (also written as CF₃CHF₂). It is typically sold in bulk. R-125 is a colorless, odorless gas that is used primarily as a component in HFC blends, which are used in refrigerant applications such as air conditioning and refrigeration. R-125 is also used as a fire extinguishing agent.

Status of Proceedings:

1. Type of investigation:  Final countervailing and antidumping duty investigations.
2. Petitioner:  Honeywell International, Inc., Charlotte, NC.
3. USITC Institution Date:  Tuesday, January 12, 2021.
4. USITC Hearing Date:  Tuesday, December 14, 2021.
5. USITC Vote Date:  Wednesday, February 02, 2022.
6. USITC Notification to Commerce Date:  Tuesday, February 22, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers:  1.
2. Location of producer’s plants:  Louisiana and North Carolina.
3. Production and related workers:   ^[1] 
4. U.S. producer’s U.S. shipments:   ^[1]
5. Apparent U.S. consumption:   ^[1]
6. Ratio of subject imports to apparent U.S. consumption:   ^[1]

U.S. Shipments of Imports in 2020:

1. Subject sources:  $42 million.
2. Nonsubject sources:   ^[1]
3. Leading import sources:  China.