The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of circular welded carbon-quality steel pipe from India, Oman, and the United Arab Emirates that the U.S. Department of Commerce has determined are subsidized, and by imports from India, Oman, the United Arab Emirates, and Vietnam that Commerce has determined are sold in the United States at less than fair value.

Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative.

As a result of the USITC's negative determinations, no antidumping or countervailing duty orders will be issued.

The Commission's public report Circular Welded Carbon-Quality Steel Pipe from India, Oman, the United Arab Emirates, and Vietnam (Investigation Nos. 701-TA-482-484 and 731-TA-1191- 1194 (Final), USITC Publication 4362, December 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after December 26, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

 

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

 

FACTUAL HIGHLIGHTS

Circular Welded Carbon-Quality Steel Pipe from India, Oman, United Arab Emirates, and Vietnam
Investigation Nos. 701-TA-482-484 and 731-TA-l 191-1194 (Final)

 

Product Description: These investigations cover circular welded carbon-quality steel pipes and tube with an outside diameter not more than 16 inches regardless of wall thickness, surface finish (e.g., bare, galvanized, or painted), or end finish (plain end, beveled end, grooved, threaded, or threaded and coupled). These pipes are generally known as standard pipe, fence pipe and tube, sprinkler pipe, and structural pipe. This description does not include (a) pipe suitable for use in boilers, superheaters, heat exchangers, refining furnaces and feedwater heaters; (b) finished electrical conduit; (c) finished scaffolding; (d) tube and pipe hollows for redrawing; (e) oil country tubular goods produced to American Petroleum Institute (API) specifications; (f) line pipe produced to only API specifications; and (g) mechanical tubing.

 

Status of Proceedings:

1. Type of investigations:  Final antidumping and countervailing duty.
2. Petitioners:  Allied Tube and Conduit, Harvey, IL; JMC Steel Group, Chicago, IL; Wheatland
       Tube, Sharon, PA; and United States Steel Corporation, Pittsburgh, PA.
3. Investigations instituted by USITC:  October 26, 2011.
4. USITC hearing:  October 17, 2012.
5. USITC vote:  November 14, 2012.
6. USITC notification of Department of Commerce: December 5, 2012.

U.S. Industry:

1. Number of U.S. producers during 2009-11:  20.
2. Location of producers' plants:  Alabama, Arizona, Arkansas, California, Georgia, Iowa,
       Illinois, Kansas, Kentucky, Louisiana, Michigan, Missouri, New Jersey, Ohio,
       Pennsylvania, South Carolina (until 2012), and Texas. 
3. Employment of production and related workers of circular welded carbon-quality steel pipe in
       2011:  1,513.
4. U.S. producers' U.S. shipments of circular welded carbon-quality steel pipe in 2011:
       $1.0 billion.
5. Apparent U.S. consumption of circular welded carbon-quality steel pipe in 2011:  $1.6 billion.
6. Ratio of subject imports to apparent U.S. consumption in 2011:  12.1 percent by value.

U.S. Imports in 2011:

1. From subject countries: 206,024 short tons (valued at $190.0 million).
2. From countries not subject to these investigations: 306,372 short tons (valued at
       $330.4 million).
3.     Leading sources during 2011:  Mexico, United Arab Emirates, Korea, India, Vietnam, and
               Thailand (by value). 

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cases for portable electronic devices. The products at issue in this investigation are protective cases for electronic devices such as smartphones and tablets.

The investigation is based on a complaint filed by Speculative Product Design, LLC, of Mountain View, CA, on September 26, 2012. A supplement to the complaint was filed on October 25, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cases for portable electronic devices. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

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

Anbess Electronics Co. Ltd., of China;
BodyGlove International, LLC, of Redondo Beach, CA;
Fellowes, Inc., of Itsaca, IL;
ROCON Digital Technology Corp. of China;
SW-Box.com aka Cellphonezone Limited of Hong Kong;
Trait Technology (Shenzhen) Co., Limited, d/b/a Trait-Tech, of China; and
Hongkong Wexun Ltd. of China.

By instituting this investigation (337-TA-861), 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 six 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 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 hardwood plywood from China that are allegedly subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determination due on or about December 21, 2012, and its preliminary antidumping duty determination due on or about March 6, 2013.

The Commission's public report Hardwood Plywood from China (Investigation Nos. 701-TA- 490 and 731-TA-1204 (Preliminary), USITC Publication 4361, November 2012) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after December 10, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

 

FACTUAL HIGHLIGHTS

 

Hardwood Plywood from China
Investigation Nos. 701 TA-490 and 731-TA-1204 (Preliminary)

Product Description: Hardwood and decorative plywood (hardwood plywood) is a wood panel product made from gluing two or more layers of wood veneer to a core which may itself be composed of veneers or other type of wood material such as medium density fiberboard (MDF), particleboard, lumber, or oriented strand board (OSB). The subject product is typically made using hardwood species (e.g., oak, birch, maple, and poplar), but may also be made from softwood species or bamboo. Common uses of hardwood plywood include furniture, kitchen cabinets, architectural woodwork, floor underlayment, and wall paneling. The product is typically used in interior applications, although some hardwood plywood is made specifically for marine applications. Specifically excluded from the subject product is structural plywood, plywood made with cork faces or backs, multilayered wood flooring manufactured subject to a CVD/AD order, and plywood further worked beyond basic finishing.

 

Status of Proceedings:
1.        Type of investigations:  Preliminary antidumping and countervailing duty.
2.        Petitioners: The Coalition for Fair Trade of Hardwood Plywood and its individual members:
          Columbia Forest Products, Greensboro, NC; Commonwealth Plywood Co., Ltd., Whitehall,
          NY; Murphy Plywood, Eugene, OR; Roseburg Forest Products Co., Roseburg, OR; States
          Industries LLC, Eugene, OR; and Timber Products Company, Springfield, OR.
3.        Preliminary investigations instituted by the USITC:  September 27, 2012.
4.        Commission's conference: October 18, 2012.
5.        USITC vote: November 9, 2012.
6.        USITC determinations to the U.S. Department of Commerce: November 13, 2012.
7.        USITC views to the U.S. Department of Commerce: November 19, 2012.

U.S. Industry:
1.        Number of producers in 2011: Twenty.
2.        Location of producers' plants: Arkansas, Illinois, Mississippi, New York, North Carolina, Ohio,
          Oregon, Pennsylvania, South Carolina, Virginia, Washington, and West Virginia.
3.        Employment of production and related workers in 2011:  1851. 1/
4.        Apparent U.S. consumption in 2011:  $2,014 million (estimated).
5.        Ratio of the value of total U.S. imports to total U.S. consumption in 2011: 66.5%.

U.S. Imports:
1.        From the subject country during 2011:  $707.3 million (estimated).
2.        From other countries during 2011:  $632.7 million (estimated).
3.        Leading sources during 2011:  China (in terms of both total quantity and value).


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1/As reported by 11 firms representing the majority of U.S. production.

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

All six Commissioners voted in the affirmative.

As a result of the USITC's affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commerce Department previously made affirmative critical circumstances determinations in its investigations. Therefore, the Commissioners who made affirmative determinations today are required to determine whether imports covered by the Commerce critical circumstances determinations are likely to undermine seriously the remedial effect of the antidumping and countervailing duty orders Commerce will issue.

With respect to critical circumstances, Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative with respect to critical circumstances.

As a result of the Commission's negative determinations regarding critical circumstances, the antidumping and countervailing duty orders concerning these imports will not apply retroactively to goods that entered the United States prior to the date of publication in the Federal Register of the Department of Commerce's affirmative preliminary determinations.

The Commission's public report Crystalline Silicon Photovoltaic Cells and Modules from China (Investigation Nos. 701-TA-481 and 731-TA-1190 (Final), USITC Publication 4360, November 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after December 14, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

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FACTUAL HIGHLIGHTS

 

Crystalline Silicon Photovoltaic Cells and Modules from China
Investigation Nos. 701-TA-481 and 731-TA-1190 (Final)

 

Product Description: The merchandise covered by this investigation are crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. This investigation covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Subject merchandise may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of this investigation. Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the People's Republic of China are covered by this investigation; however, modules, laminates, and panels produced in China from cells produced in a third country are not covered by this investigation. Merchandise covered by this investigation is currently classified in the Harmonized Tariff System of the United States ( HTSUS'') under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

 

Status of Proceedings:
1. Type of investigations:  Final antidumping and countervailing duty.
2. Petitioner:  SolarWorld Industries America, Inc., Hillsboro, OR. 
3. Investigations instituted by USITC:  October 19, 2011.
4. USITC hearing:  October 3, 2012.
5. USITC vote:  November 7, 2012.
6. USITC notification of Department of Commerce:  November 30, 2012.

U.S. Industry:
1. Number of U.S. producers: 14.
2. Location of producers' cell and module plants:  Arizona, California, Delaware, Florida, Georgia,
       Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Tennessee,
       Washington, and Wisconsin. 
3. Employment of production and related workers of crystalline silicon photovoltaic modules in 2011: 
       1,856.
4. U.S. producers' U.S. shipments of crystalline silicon photovoltaic modules in 2011: $790.5 million.
5. Apparent U.S. consumption of crystalline silicon photovoltaic modules in 2011:  $3.01 billion.   
6. Ratio of subject imports from China to apparent U.S. consumption of crystalline silicon 
       photovoltaic modules in 2011:  57.4 percent.

U.S. Imports in 2011:
1. Quantity of imports of crystalline silicon photovoltaic cells and modules from China:  1.5 million
   kilowatts.
2. Value of imports of crystalline silicon photovoltaic modules from China:  $1.9 billion.

The U.S. International Trade Commission (USITC) today released its first report on the proposed expansion of the Information Technology Agreement (ITA).

The investigation, The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part I (Inv. No. 332-532), was requested by the Office of the U.S. Trade Representative (USTR). It is the first of two reports delivering advice and information on the expansion of the ITA.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, delivered the report to the USTR on October 24, 2012.

The report covers a draft list of information and communications technology (ICT) products, compiled by the USTR and included with his request letter, that could be considered for duty free treatment under the ITA. The report provides information concerning both the ICT and non-ICT purposes for which each of the products is used. It also identifies products that U.S. industry and other interested parties view to be import sensitive.

The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part I (Inv. No. 332-532, USITC publication 4355, October 2012) is available on the USITC's Internet site at www.usitc.gov/publications/332/pub4355.pdf.

The report may be requested by emailing pubrequest@usitc.gov, by calling 202-205-2000, or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

USITC general factfinding investigations, such as this one, 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, or the Senate Committee on Finance. The resulting reports convey the USITC's objective findings and independent analyses on the subject investigated. The USITC 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 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 or Commission) has voted to conduct full five- year ("sunset") reviews concerning the suspended investigations on lemon juice from Argentina and Mexico (Inv. Nos. 731-TA-1105-1106 (Review)).

As a result of these votes, the Commission will conduct full reviews to determine whether termination of the suspended investigations 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 group response and the respondent group responses 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 on "lemon juice" 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same. The products at issue in this investigation are vertical cavity surface- emitting lasers ("VCSELs") and VCSEL drivers, and also transceivers and active optical cables that include VCSELs and VCSEL drivers as components.

The investigation is based on a complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd., of Singapore; and Avago Technologies U.S. Inc. of San Jose, CA, on September 25, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.

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

IPtronics A/S of Denmark;
IPtronics Inc. of Menlo Park, CA;
FCI USA, LLC, of Etters, PA;
FCI Deutschland GmbH of Germany;
FCI SA of France;
Mellanox Technologies Inc., of Sunnyvale, CA; and
Mellanox Technologies, Ltd. of Israel.

By instituting this investigation (337-TA-860), 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 six 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 integrated circuit chips and products containing the same. The products at issue in this investigation are generally integrated circuit chips contained in hard disk drives, solid state drives, high-speed communications systems and interfaces, computer servers, data storage systems, controller boards and personal computers.

The investigation is based on a complaint filed by Realtek Semiconductor Corporation of Taiwan on September 19, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuit chips and products containing the same that infringe patents asserted by Realtek. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

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

LSI Corporation of Milpitas, CA; and
Seagate Technology, Inc., of Cupertino, CA.

By instituting this investigation (337-TA-859), 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 six 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 devices with secure communication capabilities, components thereof, and products containing the same. The products at issue in this investigation are devices with secure communication applications.

The investigation is based on a complaint filed by VirnetX, Inc., of Zephyr Cove, NV, and Science Applications International Corporation of McLean, VA, on September 14, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain devices with secure communication capabilities, components thereof, and products containing the same that infringe a patent asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-858), 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 six 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 reduced folate nutraceutical products and l-methylfolate raw ingredients used therein. The products at issue in this investigation are nutraceutical products that contain reduced folates.

The investigation is based on a complaint filed by South Alabama Medical Science Foundation of Mobile, AL; Merck & Cie of Switzerland; and Pamlab LLC of Covington, LA, on September 10, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain reduced folate nutraceutical products and l- methylfolate raw ingredients used therein that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.

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

Gnosis SpA of Italy;
Gnosis Bioresearch SA of Switzerland;
Gnosis USA Inc. of Doylestown, PA; and
Macoven Pharmaceuticals LLC of Magnolia, TX.

By instituting this investigation (337-TA-857), 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 six 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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