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USITC Makes Determination in Five-Year (Sunset) Review Concerning Stainless Steel Wire Rod from India
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of stainless steel wire rod from India 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 India will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Stainless Steel Wire Rod from India (Inv. No. 731-TA-638 (Fifth Review), USITC Publication 5396, December 2022) will contain the views of the Commission and information developed during the review.
The report will be available by January 17, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 Stainless Steel Wire Rod from India (Fifth Review) was instituted on May 2, 2022.
On August 5, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate. Chairman Johanson voted for a full review. Commissioners Schmidtlein, Kearns, Stayin, and Karpel 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Artists Canvas from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of artists canvas 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 David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Artists Canvas from China (Inv. No. 731-TA-1091 (Third Review), USITC Publication 5371, September 2022) will contain the views of the Commission and information developed during the review.
The report will be available by October 18, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 Artists Canvas from China was instituted on February 1, 2022.
On May 9, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate. Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted for an expedited review. Chairman David S. Johanson voted for 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.
USITC Institutes Section 337 Investigation of Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain outdoor and semi-outdoor electronic displays, products containing same, and components thereof. 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 Manufacturing Resources International, Inc. of Alpharetta, GA on August 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 outdoor and semi-outdoor electronic displays, products containing same, and components thereof that infringe certain claims of the 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 the respondents this investigation:
Samsung Electronics Co., Ltd. of Yeongtong-Gu, Suwon-si, Gyeonggi-do, Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
Samsung SDS Co. Ltd., Seoul, Korea;
Samsung SDS America, Inc. of Ridgefield Park, NJ;
Coates Signco Pty Limited of Sydney, Australia;
Coates Visual LLC of Chicago, IL; and
Industrial Enclosure Corporation d/b/a Palmer Digital Group of Aurora, IL.
By instituting this investigation (337-TA-1331), 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 Lemon Juice from Argentina
The U.S. International Trade Commission (USITC) today determined that terminating the suspended investigation on imports of lemon juice from Argentina 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 suspension agreement concerning imports of this product from Argentina will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Randolph J. Stayin voted in the affirmative. Commissioner Amy A. Karpel did not participate in the vote for 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 Lemon Juice from Argentina (Inv. No. 731-TA-1105, Second Review), USITC Publication 5344, August 2022) will contain the views of the Commission and information developed during the review.
The report will be available by September 26, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 Lemon Juice from Argentina was instituted on September 1, 2021.
On December 6, 2021, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was adequate and voted for a full review.
A record of the Commission’s vote to conduct a full 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Large Residential Washers from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of large residential washers 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 David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Large Residential Washers from China (Inv. No. 731-TA-1306 (First Review), USITC Publication 5343, August 2022) will contain the views of the Commission and information developed during the review.
The report will be available by September 2, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 Large Residential Washers from China was instituted on January 3, 2022.
On April 8, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response 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.
Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia Injures U.S. Industry, says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of granular polytetrafluoroethylene (PTFE) resin from India and Russia 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 governments of India and Russia.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue countervailing duty and antidumping duty orders on imports of this product from India and Russia.
The Commission made a negative finding concerning critical circumstances with regard to imports of this product from India that are sold in the United States at less than fair value and subsidized by the government of India. As a result, these imports will not be subject to retroactive antidumping and countervailing duties.
The Commission’s public report Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia (Inv. Nos. 701-TA-663-664 and 731-TA-1555-1556 (Final), USITC Publication 5285, March 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 25, 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
Granular Polytetrafluoroethylene Resin from India and Russia
Investigation Nos.: 701-TA-663-664 and 731-TA-1555-1556 (Final)
Product Description: Polytetrafluoroethylene (PTFE) is a crystalline polymer consisting of repeating units of tetrafluoroethylene (TFE), or C2F4. Granular PTFE, often referred to as molding powder, is typically processed to form stock shapes, which can then be machined into products such as gaskets, diaphragms, corrosion‐resistant lining, piping components, and lab equipment. Producers of PTFE use specific trade names for their PTFE products, including Polyflon™, a registered trademark of Daikin, and Teflon®, a registered trademark of Chemours. Granular PTFE resin is included in these investigations whether filled or unfilled, whether or not modified, and whether or not containing co‐polymer, additives, pigments, or other materials. Also included is PTFE wet raw polymer. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by filling, modifying, compounding, packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the granular PTFE resin. The product covered by these investigations does not include dispersion or coagulated dispersion (also known as fine powder) PTFE. PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt‐flow rate no less than 0.1 gram/10 minutes, is excluded.
Status of Proceedings:
- Type of investigation: Final countervailing duty and antidumping duty investigations.
- Petitioner: Daikin, Orangeburg, NY.
- USITC Institution Date: Wednesday, January 27, 2021.
- USITC Hearing Date: Wednesday, January 19, 2022.
- USITC Vote Date: Wednesday, February 16, 2022.
- USITC Notification to Commerce Date: Tuesday, March 8, 2022.
U.S. Industry in 2020:
- Number of U.S. producers: 5.
- Location of producers’ plants: Alabama, Pennsylvania, and West Virginia.
- Production and related workers: [1]
- U.S. producers’ U.S. shipments: 1
- Apparent U.S. consumption: 1
- Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2020:
- Subject imports: $25.2 million
- Nonsubject imports: $24.9 million
- Leading import sources: India, Russia, China, the Netherlands.
[1] Withheld to avoid disclosure of business proprietary information.