U.S. International Trade Commission
USITC Institutes Section 337 Investigation of Certain Activity Tracking Devices, Systems, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain activity tracking devices, systems, and components thereof. The products at issue in the investigation are personal devices worn by individuals that electronically record physiological data and activity such as walking or running.
The investigation is based on a complaint filed by AliphCom d/b/a Jawbone of San Francisco, CA, and Bodymedia, Inc., of Pittsburgh, PA, on July 7, 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 activity tracking devices, systems, and components thereof that infringe patents asserted by the complainants, and that use or were made using misappropriated trade secrets. The complainants request 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:
Fitbit, Inc., of San Francisco, CA;
Flextronics International Ltd. of San Jose, CA; and
Flextronics Sales & Marketing (A-P) Ltd. of Port Louis, Mauritius.
By instituting this investigation (337-TA-963), 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Crepe Paper from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on crepe paper 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 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 Crepe Paper from China (Inv. No. 731-TA-1070A (Second Review), USITC Publication 4560, August 2015) will contain the views of the Commission and information developed during the review.
The report will be available after September 21, 2015. After that date, 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 Crepe Paper from China was instituted on April 1, 2015.
On July 6, 2015, the Commission voted to conduct an expedited review. Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, 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 and Commissioner F. Scott Kieff 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.
McNamara Named New Administrative Law Judge at U.S. International Trade Commission
Meredith M. Broadbent, Chairman of the United States International Trade Commission (USITC), announced today that Judge MaryJoan McNamara has joined the USITC as an Administrative Law Judge (ALJ). McNamara will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency’s investigations involving unfair practices in import trade. These investigations most often involve allegations of patent and trademark infringement.
Prior to joining the USITC, McNamara served as an ALJ with the Social Security Administration’s Office of Disability Adjudication and Review (National Hearing Center) in Baltimore, MD. Previously, she was a civil litigation attorney in private practice; a consultant to the U.S. Department of State on certain provisions of the Hague Convention; and an EEO specialist in the U.S. Department of Agriculture’s Office of Adjudication and Compliance, where she drafted final agency decisions.
Earlier in her career, McNamara was an attorney in private practice in Baltimore, MD, and in Boston, MA, where she engaged in complex litigation that included first chair trials and appellate work. Among other positions, McNamara held a position as a Special Assistant Attorney General for Massachusetts and as a Court Conciliator in Lowell Superior Court, Massachusetts. McNamara began her career at the Illinois Bureau of the Budget (now Office of Management and Budget) in Springfield, IL.
McNamara holds a juris doctor degree from Northeastern University in Boston, MA; a master’s degree from the University of Chicago; and a bachelor’s degree from Cornell University. She also completed coursework at the University of Vienna’s Institute of European Studies in Austria.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent, trademark, and copyright infringement.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Diamond Sawblades and Parts Thereof from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on diamond sawblades and parts thereof 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 order on imports of this product from China will remain in place.
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 review.
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 Diamond Sawblades and Parts Thereof from China (Inv. No. 731-TA-1092 (Review), USITC Publication 4559, September 2015) will contain the views of the Commission and information developed during the review.
The report will be available by September 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) review concerning Diamond Sawblades from China was instituted on November 4, 2014.
Further information on the background of this review may be found in the Commission’s notice of institution at: http://www.usitc.gov/secretary/fed_reg_notices/sunset/731_1092_notice10292014sgl.pdf
USITC Launches Investigation on the Impact on the U.S. Economy of All Trade Agreements Implemented Under Trade Authorities Since 1984
The U.S. International Trade Commission (USITC) has initiated an investigation of the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.
The investigation, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2016 Report, is required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.
As required by the statute, the USITC, an independent, nonpartisan, factfinding federal agency, will submit its report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance by June 29, 2016. The report is the first of two required by the statute; the Commission will submit a second report in five years.
The Commission’s report will cover the Uruguay Round Agreements, the North American Free Trade Agreement (NAFTA -- Canada, Mexico), and U.S. free trade agreements (FTAs) with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.
The USITC seeks input for this report from all interested parties. The USITC will hold a public hearing in connection with the investigation on November 17, 2015. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 2, 2015, with the Secretary, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436. For further information, call 202-205-2000.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on February 5, 2016. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions is available in the USITC's notice of investigation, dated August 4, 2015, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.
Program Provides Too Few Incentives to Help Boost Competitiveness of Dominican Apparel Exports, Says USITC
Six years after the implementation of the Earned Import Allowance Program (EIAP), the government of the Dominican Republic and U.S. and Dominican apparel industry sources continue to indicate that the program is not providing enough incentives to help reverse the decline in Dominican apparel exports to the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Sixth Annual Review.
The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.
The USITC's sixth annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July 24, 2015. Highlights of the report follow.
- Of the 13 registered firms, only five firms are currently using the program, the same number reported in the fifth annual review.
- In 2014, U.S. imports of woven cotton bottoms from the Dominican Republic totaled less than 8 percent of the value and quantity of imports under the program in 2010, the first full year of the program. Also, U.S. exports to the Dominican Republic of cotton fabrics of a weight suitable for making bottoms fell for the third year in a row, declining by 12 percent by quantity and 19 percent by value between 2013 and 2014.
- The recommendations offered during the sixth annual review of the EIAP were virtually the same as those received by the Commission during the previous five annual reviews—1) lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; 2) expanding the program coverage to enable other types of fabrics and apparel items to be included in the EIAP; and 3) eliminating the requirement that dyeing and finishing of eligible fabrics occur in the United States.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Sixth Annual Review (Inv. No. 332-503, USITC Publication 4544, July 24, 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4544.pdf.
USITC general factfinding investigations, such as this, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
USITC Releases The Year in Trade 2014
The U.S. International Trade Commission (USITC) today released The Year in Trade 2014, its annual overview of the previous year's trade-related activities.
The USITC's The Year in Trade is one of the government's most comprehensive reports of U.S. trade-related activities, covering major multilateral, regional, and bilateral developments. The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2014.
The Year in Trade 2014 includes complete listings of antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases undertaken by the U.S. government in 2014. In addition, the 2014 report covers:
- the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
- significant activities in the WTO, including dispute settlement decisions; the Organisation for Economic Co-operation and Development; and the Asia-Pacific Economic Cooperation forum;
- developments regarding the North American Free Trade Agreement, other U.S. FTAs, and negotiations regarding the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership; and
- bilateral trade issues with major U.S. trading partners -- the European Union, Canada, China, Mexico, Japan, South Korea, Brazil, Taiwan, and India.
The report also provides an overview of U.S. trade in goods and services during 2014. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements.
Complementing the release of the 66th edition of the report are a series of dashboards in MS Excel available online that present U.S. merchandise trade data in an interactive format. Readers of The Year in Trade 2014 will be able to conduct further analysis of U.S. merchandise trade with specific trading partners and U.S. trade under specific trade preference programs and FTAs using these dashboards, which are available on the Commission's website at http://www.usitc.gov/research_and_analysis/data_analysis_tools.htm.
The Year in Trade 2014 (USITC publication 4543, July 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4543.pdf.
USITC Votes to Continue Investigations on Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of imports of certain corrosion-resistant steel products from China, India, Italy, Korea, and Taiwan 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, India, Italy, Korea, and Taiwan, with its preliminary countervailing duty determinations due on or about August 27, 2015, and its preliminary antidumping duty determinations due on or about November 10, 2015.
The Commission’s public report Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan (Investigation Nos. 701-TA-534-538 and 731-TA-1274-1278 (Preliminary), USITC Publication 4547, July 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after August 17, 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
Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan
Investigation Nos. 701-TA-534-538 and 731-TA-1274-1278 (Preliminary)
Product Description: The products covered by these investigations are certain flat‐rolled steel products, either clad, plated, or coated with corrosion‐resistant metals such as zinc, aluminum, or zinc‐, aluminum‐, nickel‐ or iron‐based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non‐metallic substances in addition to the metallic coating. The products covered include coils that have a width of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.) and products not in coils (e.g., in straight lengths).
The following are outside of and/or specifically excluded from the scope of these investigations:
•Flat‐rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (“terne plate”), or both chromium and chromium oxides (“tin free steel”);
•Clad plate products; and
•Certain 3-ply clad stainless flat‐rolled products.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: United States Steel Corp. (Pittsburgh, Pennsylvania), Nucor Corp. (Charlotte, North Carolina), Steel Dynamics Inc. (Fort Wayne, Indiana), California Steel Industries (Fontana, California), ArcelorMittal USA LLC (Chicago, Illinois), and AK Steel Corp. (West Chester, Ohio).
3. Preliminary investigations instituted by the USITC: June 3, 2015.
4. Commission’s conference: June 24, 2015.
5. USITC vote: July 16, 2015.
6. USITC determinations due: July 20, 2015.
7. USITC views due: July 27, 2015.
U.S. Industry:
1. Number of producers in 2014: Eighteen.
2. Location of producers’ plants: Alabama, Arkansas, California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, New Jersey, Ohio, Pennsylvania, South Carolina, Washington, and West Virginia.
3. Employment of production and related workers in 2014: 12,092.
4. Apparent U.S. consumption in 2014: $19.5 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 20.1%.
U.S. Imports:
1. From subject countries during 2014: $2.4 billion.
2. From other countries during 2014: $1.5 billion.
3. Leading sources during 2014. Canada, China, Taiwan, Korea.
USITC Institutes Section 337 Investigation of Certain Resealable Packages with Slider Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain resealable packages with slider devices. The products at issue in the investigation are resealable bags with slider devices.
The investigation is based on a complaint filed by Reynolds Presto Products Inc., of Appleton, WI, on June 17, 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 resealable packages with slider devices that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or a limited exclusion order if a general exclusion order is not issued, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Inteplast Group, Ltd., of Livingston, NJ; and
Minigrip, LLC, of Alpharetta, GA.
By instituting this investigation (337-TA-962), 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Hand Trucks and Parts Thereof from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on hand trucks and certain parts thereof 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 order on imports of these products from China will remain in place.
All six Commissioners voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Hand Trucks and Certain Parts Thereof from China (Inv. No. 731-TA-1059 (Second Review), USITC Publication 4546, July 2015) will contain the views of the Commission and information developed during the review.
The report will be available after August 20, 2015. After that date, 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 Hand Trucks and Certain Parts Thereof from China was instituted on March 2, 2015.
On June 5, 2015, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.