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News Release 15-113
Inv. No(s). 701-TA-473 and 731-TA-1173 (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 certain potassium phosphate salts 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 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 these five-year (sunset) reviews.
The Commission’s public report Certain Potassium Phosphate Salts from China (Inv. Nos. 701-TA-473 and 731-TA-1173 (Review), USITC Publication 4584, December 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 28, 2015; 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 Certain Potassium Phosphate Salts from China were instituted on June 1, 2015.
On September 4, 2015, 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 15-112
Inv. No(s). 701-TA-530 (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 supercalendered paper from Canada that the U.S. Department of Commerce has determined are subsidized.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Commissioner F. Scott Kieff did not participate in this investigation.
As a result of the USITC’s affirmative determinations, the Department of Commerce will issue a countervailing duty order on imports of this product from Canada.
The Commission’s public report Supercalendered Paper from Canada (Investigation No. 701-TA-530 (Final), USITC Publication 4583, December 2015) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 24, 2015; 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
Supercalendered Paper from Canada
Investigation No. 701-TA-530 (Final)
Product Description: Supercalendered paper (SC paper) is uncoated paper that has undergone a calendering process in which the base sheet, made of pulp and filler (typically, but not limited to, clay, talc, or other mineral additive), is processed through a set of supercalenders, a supercalender, or a soft nip calender operation. The scope of this investigation covers all SC paper regardless of basis weight, brightness, opacity, smoothness, or grade, and whether in rolls or in sheets. Further, the scope covers all SC paper that meets the scope definition regardless of the type of pulp fiber or filler material used to produce the paper. Specifically excluded from the scope are imports of paper printed with final content of printed text or graphics.
Status of Proceedings:
1. Type of investigation: Final countervailing duty.
2. Petitioners: Coalition for Fair Paper Imports, an ad hoc association of U.S. producers that includes Madison Paper Industries, Inc. and Verso Corp.
3. Investigation instituted by USITC: February 26, 2015.
4. USITC hearing: October 22, 2015.
5. USITC vote: November 18, 2015.
6. USITC notification of Department of Commerce: December 3, 2015.
U.S. Industry:
1. Number of U.S. producers in 2014: Three.
2. Location of producers’ plants: Maine, Minnesota, and South Carolina.
3. Employment of production and related workers in 2014: [1]
4. U.S. producers’ U.S. shipments in 2014: 1
5. Apparent U.S. consumption in 2014: 1
6. Ratio of subject imports to apparent U.S. consumption in 2014: 1
U.S. Imports:
1. From the subject country during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: Canada, Finland, Norway, Sweden, Belgium, and Germany (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 15-111
Inv. No(s). 337-TA-972
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 with deposit automation modules, check recognition modules, bulk check acceptors for one or more checks, check bins, cash dispensing units, and reject/retract cassettes.
The investigation is based on a complaint filed by Diebold, Incorporated, and Diebold Self-Service Systems, both of North Canton, OH, on October 19, 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 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:
Nautilus Hyosung Inc. of Seoul, Republic of Korea;
Nautilus Hyosung America Inc. of Irving, TX; and
HS Global, Inc., of Brea, CA.
By instituting this investigation (337-TA-972), 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 15-109
Inv. No(s). 337-TA-971
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain air mattress systems, components thereof, and methods of using the same. The products at issue in the investigation are mattresses in which the traditional inner spring and foam construction is replaced by an adjustable air mattress system which can be adjusted to meet the firmness preferences of sleeping partners or as one’s sleeping preferences change over time.
The investigation is based on a complaint filed by Select Comfort Corporation of Minneapolis, MN, and Select Comfort SC Corporation of Greenville, SC, on October 16, 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 air mattress systems, components thereof, and methods of using the 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:
Sizewise Rentals LLC of Kansas City, MO;
American National Manufacturing Inc., of Corona, CA; and
Dires LLC and Dires LLC d/b/a Personal Comfort Beds of Orlando, FL.
By instituting this investigation (337-TA-971), 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 15-108
Inv. No(s). 701-TA-548 and 731-TA-1298 (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 welded stainless steel pressure pipe from India 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 this product from India, with its preliminary countervailing duty determinations due on or about December 24, 2015, and its preliminary antidumping duty determinations due on or about March 8, 2016.
The Commission’s public report Welded Stainless Steel Pressure Pipe from India (Investigation Nos. 701-TA-548 and 731-TA-1298 (Preliminary), USITC Publication 4582, November 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 14, 2015. 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
Welded Stainless Steel Pressure Pipe from India
Investigation Nos. 701-TA-548 and 731-TA-1298 (Preliminary)
Product Description: Welded stainless steel pressure pipe (“WSSPP”) refers to circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. For purposes of these investigations, references to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the ASTM International (ASTM) A 312 or ASTM A 778 specifications, or comparable domestic or foreign specifications. ASTM A 358 products are only included when they are produced to meet ASTM A 312 or ASTM A 778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are: (1) Welded stainless mechanical tubing, meeting ASTM A 554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, super heater, refining furnace, feed water heater, and condenser tubing, meeting ASTM A 249, ASTM A 688 or comparable domestic or foreign specifications; and (3) specialized tubing, meeting ASTM A 269, ASTM A 270 or comparable domestic or foreign specifications. WSSPP conveys fluids at high temperatures, high pressures, or both. WSSPP is used in corrosive environments, high temperature and pressure conditions, or in conditions where cleanliness and ease of maintenance are strictly required. A variety of industries use WSSPP including: food, chemicals, petrochemicals, oil and gas, manufacturing, chemical fluid handling, paper and pulp processing and water treatment.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Bristol Metals, LLC, Bristol, TN; Felker Brothers Corp., Marshfield, WI; Marcegaglia USA, Munhall, PA; and Outokumpu Stainless USA LLC, Inc., Wildwood, FL.
3. Preliminary investigations instituted by the USITC: September 30, 2015.
4. Commission’s conference: October 21, 2015.
5. USITC vote: November 13, 2015.
6. USITC determinations to the U.S. Department of Commerce: November 16, 2015.
7. USITC views to the U.S. Department of Commerce: November 23, 2015.
U.S. Industry:
1. Number of producers in 2014: Seven.
2. Location of producers’ plants: Arkansas, Florida, Kentucky, New Jersey, Oklahoma, Pennsylvania, Tennessee, Washington and Wisconsin.
3. Employment of production and related workers in 2014: 355.
4. Apparent U.S. consumption in 2014: 95,486 short tons.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 0.68.
U.S. Imports:
1. From the subject country during 2014: $64.7 million.
2. From other countries during 2014: $185.5 million.
3. Leading sources during 2014: Taiwan, India, Korea, Canada and China (in terms of total value).
News Release 15-107
Inv. No(s). 731-TA-753, 754, and 756 (Third 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 cut‐to‐length carbon steel plate from China and terminating the suspended investigations on cut‐to‐length carbon steel plate from Russia and Ukraine 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 duty order on imports of this product from China and the existing suspension agreements concerning these products from Russia and Ukraine 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 affirmative with respect to China and Russia and in the negative with respect to Ukraine.
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 Cut-to-Length Carbon Steel Plate from China, Russia, and Ukraine (Inv. Nos. 731-TA-753, 754, and 756 (Third Review), USITC Publication 4581, December 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 23, 2015; 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 Cut-to-Length Carbon Steel Plate from China, Russia, and Ukraine were instituted on October 1, 2014.
On January 5, 2015, the Commission voted to conduct full reviews. Regarding China, 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. Regarding Russia and Ukraine, all six Commissioners concluded that both the domestic group responses and the respondent group responses for these reviews were adequate and voted for 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 15-106
Inv. No(s). 701-TA-467 and 731-TA-1164-1165 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the countervailing duty order on narrow woven ribbons with woven selvedge from China and the antidumping duty orders on these products from China and Taiwan.
As a result of these votes, the Commission will conduct full reviews to determine whether revocation of these orders 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.
With regard to China, Chairman Meredith M. Broadbent and Commissioners David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate, but that circumstances warranted full reviews; Vice Chairman Dean A. Pinkert and Commissioner Irving A. Williamson determined that both the domestic and the respondent group responses were adequate and voted for full reviews.
With regard to Taiwan, all six Commissioners concluded that both the domestic and the respondent group responses for this review were adequate and voted for full reviews.
A record of the Commission’s votes on these matters 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 "woven ribbons" 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 reviews.
News Release 15-105
Inv. No(s). 701-TA-468 and 731-TA-1167-1168 (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”) reviews concerning the countervailing duty order on magnesia carbon bricks from China and the antidumping duty orders on imports of this product from China and Mexico.
As a result of these votes, the Commission will conduct expedited reviews to determine whether revocation of these orders 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 these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s votes on these matters 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 votes 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 "magnesia carbon bricks" 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 these reviews. The Commission will issue a report after it completes its reviews.
News Release 15-104
Inv. No(s). 701-TA-525 and 731-TA-1260-1261 (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 welded line pipe from Korea and Turkey that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and subsidized by the government of Turkey.
All six Commissioners voted in the affirmative.
As a result of the USITC’s affirmative determinations, the Department of Commerce will issue antidumping duty orders on imports of this product from Korea and Turkey and a countervailing duty order on imports of this product from Turkey.
The Commission’s public report Certain Welded Line Pipe from Korea and Turkey (Investigation Nos. 701-TA-525 and 731-TA-1260-1261 (Final), USITC Publication 4580, November 2015) will contain the views of the Commissioners and information developed during the investigations.
The report will be available by December 9, 2015; 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 Welded Line Pipe from Korea and Turkey
Investigation Nos. 701-TA-525 and 731-TA-1260-1261 (Final)
Product Description: Line pipe subject to these investigations is a welded circular pipe product, made of carbon or alloy steel (other than stainless steel) not more than 24 inches (609.6 millimeters) in outside diameter, regardless of wall thickness, length, surface finish, or end finish. The most common application for subject line pipe is used in oil and gas pipelines for the gathering, transmission, and distribution of oil and gas. Line pipe in this instance is normally produced in conformance with the American Petroleum Institute’s API 5L specifications, but can also be produced to comparable foreign specifications.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty investigation.
2. Petitioners: American Cast Iron Pipe Company; EnergeX (a division of JMC Steel Group); Maverick Tube Corporation; Northwest Pipe Company; Stupp Corporation; Tex-Tube Company; and Welspun Tubular LLC USA.
3. Investigation instituted by USITC: October 16, 2014.
4. USITC hearing: October 6, 2015.
5. USITC vote: November 6, 2015.
6. USITC notification of Department of Commerce: November 18, 2015.
U.S. Industry:
1. Number of U.S. producers in 2014: 12.
2. Location of producers’ plants: Alabama, Arkansas, California, Florida, Iowa, Kansas, Kentucky, Louisiana, Ohio, Oklahoma, Pennsylvania, and Texas.
3. Employment of production and related workers in 2014: 2,038.
4. U.S. producers’ U.S. shipments in 2014: $1.3 billion.
5. Apparent U.S. consumption in 2014: $2.4 billion.
6. Ratio of subject imports to apparent U.S. consumption in 2014: 28.0 percent.
U.S. Imports in 2014:
1. From the subject countries during 2014: $669 million.
2. From other countries during 2014: $417 million.
3. Leading sources during 2014: Korea, Mexico, Germany, and Turkey (in terms of total value).
News Release 15-102
Inv. No(s). 337-TA-969
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood cholesterol test strips and associated systems containing same. The products at issue in the investigation are point of care blood cholesterol testing meters, test strips, and systems containing the same.
The investigation is based on a complaint filed by Polymer Technology Systems, Inc., of Indianapolis, IN, on October 2, 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 blood cholesterol test strips and associated systems containing same that infringe a patent asserted by the complainant. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Infopia Co., Ltd., of Anyang-si, Gyeonggi-do, Republic of Korea;
Infopia America LLC of Titusville, FL; and
Jant Pharmacal Corporation of Encino, CA.
By instituting this investigation (337-TA-969), 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.