USITC
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING CAST IRON SOIL PIPE FROM CHINA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on cast iron soil pipe 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 orders on imports of these products from China will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Cast Iron Soil Pipe from China (Inv. Nos. 701-TA-597 and 731-TA-1407 (Review), USITC Publication 5555, October 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 15,2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Cast Iron Soil Pipe from China were instituted on April 1, 2024.
On July 5, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Cast Iron Soil Pipe from China; Inv. Nos. 701-TA-597 and 731-TA-1407 (Review).
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING UTILITY SCALE WIND TOWERS FROM CHINA AND VIETNAM
The United States International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on utility scale wind towers from China and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Utility Scale Wind Towers from China and Vietnam (Inv. No. 701-TA-486 and 731-TA-1195-1196 (Second Review), USITC Publication 5553, October 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 25, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Large Residential Washers from Mexico
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on large residential washers from Mexico 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 Mexico will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Mexico (Inv. No. 731-TA-1200 (Second Review), USITC Publication 5552, October 2024) will contain the views of the Commission and information developed during the review.
The report will be available by October 25, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Large Residential Washers from Mexico was instituted on April 1, 2024.
On July 5, 2024, the Commission determined to conduct an expedited five-year review. Chair Amy A. Karpel and Commissioners David S. Johanson Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available on the investigations page for Large Residential Washers from Mexico; Inv. No. 731-TA-1200 (Review 2).
USITC Institutes Section 337 Investigation of Certain Smart Televisions
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart televisions. 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 Maxell, Ltd of Kyoto, Japan, on August 22, 2024 and supplemented on September 10, 2024. The complaint, as supplemented and amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart televisions 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 respondents in this investigation:
- TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia Technology Holdings, Ltd.), Shatin, Hong Kong,
- TCL Industries Holdings Co., Ltd., Guangdong, China,
- T.C.L. Industries Holdings (H.K.) Limited, Pak Shek Kok, Hong Kong,
- TTE Technology, Inc. (d/b/a TCL North America), Corona, CA,
- TTE Corporation, Shatin, Hong Kong,
- TCL King Electrical Appliances (Huizhou) Co. Ltd., Huizhou, China,
- Manufacturas Avanzadas S.A. de C.V., Chihuahua, Mexico,
- TCL Smart Device (Vietnam) Co., Ltd, Binh Duong Province, Vietnam,
- Shenzhen TCL New Technology Co., Ltd., Nanshan, China,
- TCL Optoelectronics Technology (Huizhou) Co., Ltd., Huizhou, China,
- TCL Overseas Marketing Ltd., Shatin, Hong Kong
- TCL Technology Group Corporation (f/k/a TCL Corp.), Guangdong, China
By instituting this investigation (337-TA-1420), 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 Institutes Section 337 Investigation of Certain Exercise Equipment and Subassemblies Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain exercise equipment and subassemblies 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 Balanced Body, Inc. of Sacramento, CA, on August 15, 2024 and supplemented on September 6, 2024. The complaint, as supplemented and amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain exercise equipment and subassemblies thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Guangzhou Oasis, LLC, d/b/a trysauna.com, Boulder, CO,
- Ciga Pilates, Kowloon, Hong Kong,
- Shandong Tmax Machinery Technology Co. Ltd., Dezhou City, China,
- Shandong VOG Sports Products Co. Ltd., Dezhou City, China,
- Dezhou Bodi Fitness Equipment Co., Ltd., Dezhou City, China, and
- Suzhou Selfcipline Sports Goods Co., Ltd., Suzhou, China
By instituting this investigation (337-TA-1419), 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.
Certain Glass Wine Bottles from China Do Not Injure U.S. Industry, Says USITC
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 certain glass wine bottles from China that the U.S. Department of Commerce (Commerce) has determined are subsidized by the Government of China.
As a result of the Commission’s negative determination, no countervailing duty order will be imposed on imports of this product from China.
The Commission’s public report Certain Glass Wine Bottles from China (Inv. No. 701-TA-703 (Final), USITC Publication 5550, October 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by October 30, 2024; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
USITC Releases The Year in Trade 2023
The U.S. International Trade Commission (USITC) today released The Year in Trade 2023 (Inv. No. 163-003), its annual overview of developments regarding the operation of the U.S. trade agreements program for 2023.
The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 75th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.
The publication provides a summary of U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO) and select multilateral institutions, and developments regarding U.S. free trade agreements (FTAs) and U.S. bilateral trade relations with major trading partners in 2023. In addition, topics covered in The Year in Trade 2023 include:
- an overview of the global trade environment;
- U.S. safeguard, antidumping, countervailing duty, intellectual property rights infringement, national security, and section 301 investigations and actions during 2023;
- U.S. trade preference programs, including the U.S. Generalized System of Preferences, the Nepal Trade Preferences Act, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
- WTO dispute settlement and other significant activities in the WTO;
- developments under the Organisation for Economic Co-operation and Development, the Asia-Pacific Economic Cooperation forum, and trade initiatives under negotiation, including the Indo-Pacific Economic Framework for Prosperity and the Americas Partnership for Economic Prosperity;
- implementation and enforcement of the United States-Mexico-Canada Agreement and other U.S. FTAs in force; and
- trade patterns and developments in trading relationships with selected major U.S. partners—the European Union, Canada, Mexico, China, the United Kingdom, Japan, Taiwan, and Kenya.
The report and accompanying dashboard on the report home page provide an overview of U.S. trade in merchandise and services during 2023. Statistical tables highlight U.S. bilateral trade with major partners and trade under U.S. preference programs and FTAs.
The Year in Trade 2023 (USITC Publication 5547, September 2024) will be posted on the USITC's Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5547.pdf.
The home page of the report is available at: www.usitc.gov/publications/332/year_in_trade_2023.
The home page displays interactive figures and tables of underlying data on U.S. merchandise and services trade by country and by sector; U.S. imports under different trade preferences programs; information on Commission antidumping, countervailing duty, safeguard, and section 337 investigations; and information on WTO dispute settlement cases involving the United States.
For more information about previous The Year in Trade reports, please refer to the Commission’s Investigations Database System (IDS): https://ids.usitc.gov/.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Sodium Hexametaphosphate (SHMP) from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on sodium hexametaphosphate (SHMP) 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.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Sodium Hexametaphosphate from China (Inv. No. 731-TA-1110 (Third Review), USITC Publication 5549, September 2024) will contain the views of the Commission and information developed during the review.
The report will be available by October25, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Sodium Hexametaphosphate from China was instituted on February 1, 2024.
On May 6, 2024, the Commission determined to conduct an expedited five-year review. Chair Amy A. Karpel and, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for an expedited review. Commissioner David S. Johanson concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted to conduct a full review.
A record of the Commission’s vote to conduct an expedited review is available on the investigations page for Sodium Hexametaphosphate (SHMP) from China; Inv. No. 731-TA-1110 (Review 3).
USITC Institutes Section 337 Investigation of Certain Cochlear Implant Systems and Components Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain cochlear implant systems 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 Advanced Bionics AG of Stäfa, Switzerland and Advanced Bionics LLC of Valencia, CA, on August 16, 2024 and supplemented on August 29 and 30, 2024 and September 6, 2024. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cochlear implant systems and components thereof 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 respondents in this investigation:
- MED-EL Corporation, USA, Durham, NC, and
- MED-EL Elektromedizinische Geräte GmbH Innsbruck, Austria.
By instituting this investigation (337-TA-1418), 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) Reviews Concerning Crystalline Silicon Photovoltaic Cells and Modules from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells and modules 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 orders on imports of these products from China will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Crystalline Silicon Photovoltaic Cells and Modules from China (Inv. Nos. 701-TA-481 and 731-TA-1190 (Second Review), USITC Publication 5546, September 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 18, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Crystalline Silicon Photovoltaic Cells and Modules from China were instituted on February 1, 2024.
On May 6, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group responses were adequate, and the respondent interested party group responses were inadequate, and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Crystalline Silicon Photovoltaic Cells and Modules from China; Inv. No. 701-TA-481 and 731-TA-1190 (Second Review).