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News Release 24-076
Inv. No(s). 701-TA-556 and 731-TA-1311 (Expedited Review)
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on truck and bus tires 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 Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioner David S. Johanson voted in the negative.
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 Truck and Bus Tires from China (Inv. Nos. 701-TA-556 and 731-TA-1311 (Expedited Review), USITC Publication 5535, August 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 20, 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 Truck and Bus Tires from China was instituted on January 2, 2024.
On April 8, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns concluded that that the domestic interested party group response was adequate and the respondent interested party group response was inadequate, and voted to conduct expedited reviews. 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 full reviews.
A record of the Commission’s vote on whether to conduct full reviews is available on the Truck and Bus Tires from China; Inv. No. 701-TA-556 and 731-TA-1311 investigations page.
News Release 24-075
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain NAND memory devices and electronic devices containing the same. 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 MimirIP LLC, of Dallas, TX, on July 8, 2024, and supplemented on July 26, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain NAND memory devices and electronic devices containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Micon Technology Inc., Boise, ID
- Acer Inc., New Taipei City 221, Taiwan
- Acer America Corp., San Jose, CA
- HP, Inc., Palo Alto, CA
- Kingston Technology Company, Inc., Fountain Valley, CA
- Lenovo Group Limited, Quarry Bay, Hong Kong
- Lenovo (United States) Inc., Morrisville, NC
By instituting this investigation (337-TA-1412), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 24-074
Inv. No(s). 731-TA-1189 (Review 2)
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on large power transformers from South Korea 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 South Korea 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 Large Power Transformers from South Korea (Inv. No. 731-TA-1189 (Second Review), USITC Publication 5531, August 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 20, 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 Large Power Transformers from South Korea was instituted on September 1, 2023.
On October 6, 2023, the Commission determined to conduct full 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 and the respondent interested party group response were adequate and voted for full reviews.
A record of the Commission’s vote to conduct full reviews is available on the Large Power Transformers from South Korea; Inv. No. 731-TA-1189 investigations page.
News Release 24-072
Inv. No(s). 701-TA-731 and 731-TA-1700 (Preliminary)
Contact: Jennifer Andberg, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of low speed personal transportation vehicles from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigation of imports of low speed personal transportation vehicles from China, with its preliminary antidumping duty determination due on or about November 27, 2024 and its preliminary countervailing duty determination on September 13, 2024.
The Commission’s public report Low Speed Personal Transportation Vehicles from China, (Inv. Nos. 701-TA-731 and 731-TA-1700 (Preliminary), USITC Publication 5533, August 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by September 12, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
News Release 24-072
Inv. No(s). 701-TA-729 and 731 -TA-1699 (Preliminary)
Contact: Jennifer Andberg, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of brake drums from China and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and Turkey.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of brake drums from China and Turkey, with its preliminary antidumping duty determinations due on or about November 27, 2024 and its preliminary countervailing duty determinations on September 13, 2024.
The Commission’s public report Brake Drums from China and Turkey, (Inv. Nos. 701-TA-729-730 and 731-TA-1698-1699 (Preliminary), USITC Publication 5532, August 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by September 12, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
News Release 24-071
Inv. No(s). 337-TA-1411
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain photodynamic therapy systems, components thereof, and pharmaceutical products used in combination with the same. 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 Sun Pharmaceutical Industries, Inc. of Princeton, NJ, on June 26, 2024, and supplemented on July 9, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of photodynamic therapy systems, components thereof, and pharmaceutical products used in combination with the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Biofrontera Inc., Woburn, MA
- Biofrontera Pharma GmbH, Leverkusen, Germany
- Biofrontera Bioscience GmbH, Leverkusen, Germany
- Biofrontera AG, Leverkusen, Germany
By instituting this investigation (337-TA-1411), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 24-069
Inv. No(s). 731-TA-1696
Contact: Jennifer Andberg, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of large top-mount combination refrigerator-freezers from Thailand that are allegedly sold in the United States at less than fair value.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns and voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue its investigation of imports of large top-mount combination refrigerator-freezers from Thailand, with its preliminary antidumping duty determination due on or about November 26, 2024.
The Commission’s public report Large Top-Mount Combination Refrigerator-Freezers from Thailand, (Inv. No. 731-TA-1696 (Preliminary), USITC Publication 5528, July 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by August 26, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
News Release 24-068
Inv. No(s). 701-TA-728, 731-TA-1697
Contact: Jennifer Andberg, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of vanillin from China that are allegedly sold in the United States at less than fair value and subsidized by the governments of China.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of vanillin from China, with its preliminary countervailing duty determination due on or about August 29, 2024, and its preliminary antidumping duty determination due on or about November 12, 2024.
The Commission’s public report Vanillin from China, (Inv. Nos. 701-TA-728 and 731-TA-1697 (Preliminary), USITC Publication 5527, July 2024) will contain the views of the Commission and information developed during the investigations.
The report will be available by August 26, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
News Release 24-067
Inv. No(s). 337-TA-1410
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain disposable vaporizer devices. 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 RAI Strategic Holdings, Inc of Winston-Salem, NC, R.J. Reynolds Vapor Company of Winston-Salem, NC, R.J. Reynolds Tobacco Company of Winston-Salem, NC, RAI Services Company of Winston-Salem, NC on June 11, 2024 and supplemented on June 12, 2024 and July 1, 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 disposable vaporizer devices that infringe a patent asserted by the complainants. The complainants request 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:
- Breeze Smoke LLC, West Bloomfield, MI
- Dongguan (Shenzhen) Shikai Technology Co., Ltd., Guangdong Province, China
- Vapeonly Technology Co. Ltd., San Po Kong, Kowloon, Hong Kong
- iMiracle (Shenzhen) Technology Co. Ltd., Luohu District, Shenzhen, China
- Guangdong Qisitech Co., Ltd., Dongguan, Guangdong Province, China
- Fewo Intelligent Manufacturing Ltd., Dongguan City, Guangdong Province, China
- Nevera (HK) Ltd., San Po Kong, Kowloon, Hong Kong
- Guangdong Cellular Workshop Electronics Technology Co., Ltd,
- Dongguan City, Guangdong Province, China
- Wonder Ladies Ltd., Tortola, British Virgin Islands
- Sailing South Ltd., Tortola, British Virgin Islands
- Marea Morada Ltd., Tortola, British Virgin Islands
- Social Brands, LLC, Dallas, TX
- Zhuhai Qisitech Co., Ltd., Zhuhai, Guangdong Province, China
- Shenzhen Han Technology Co., Ltd., Shenzhen, Guangdong Province, China
- Palma Terra Ltd., Tortola, British Virgin Islands
- Shenzhen IVPS Technology Co., Ltd., Shenzhen, Guangdong Province, China
- Heaven Gifts International Ltd., San Po Kong, Kowloon, Hong Kong
- Maduro Distributors d/b/a The Loon, Minneapolis, MN
- Bidi Vapor, LLC, Orlando, FL
- Kimsun Technology (HuiZhou) Co., Ltd., Shenzhen, Guangdong Province, China
- Shenzhen Yanyang Technology Co., Ltd., Shenzhen, Guangdong Province, China
- Pastel Cartel, LLC, Austin, TX
- American Vape Company, LLC, Pflugerville, TX
- Affiliated Imports, LLC, Austin, TX
- Shenzhen LC Technology Co., Ltd., Shenzhen, Guangdong Province, China
- LCF Labs, Inc., Ontario, CA
- Shenzhen Kangvpe Technology Co., Ltd., Bao’an District, Shenzhen, Guangdong Province, China
- Flumgio Technology Ltd., Tuen Mun, N.T., Hong Kong
- Shenzhen Pingray Technology, Shenzhen, Guangdong Province, China
- SV3, LLC d/b/a Mi-One Brands, Phoenix, AZ
- Price Point Distributors Inc. d/b/a Price Point NY, Farmingdale, NY
- Flawless Vape Shop Inc, Anaheim, CA
- Flawless Vape Wholesale & Distribution Inc., Anaheim, CA
- TheSy, LLC d/b/a Element Vape, Alhambra, CA
- VICA Trading Inc. d/b/a Vapesourcing, Tustin, CA
By instituting this investigation (337-TA-1410), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 24-065
Inv. No(s). 337-TA-1409
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain storage containers and toolboxes, organizers, component boxes, and coolers. 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 Milwaukee Electric Tool Corporation of Brookefield, WI, and Keter Home and Garden Products Ltd. on June 13, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain storage containers and toolboxes, organizers, component boxes, and coolers that infringe patents asserted by the complainant. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Klein Tools of Lincolnshire, IL as the respondent in this investigation.
By instituting this investigation (337-TA-1409), 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.