News Release 23-024
Inv. No(s). 332-591
Contact: Elizabeth Nesbitt, 202-205-1819
Additional U.S. tariffs imposed under section 232 on imports of steel and aluminum products and under section 301 on certain imports from China reduced U.S. imports of these products and increased U.S. production and prices of these products, affecting the many industries that produce or sell these products or use them as inputs, according to the U.S. International Trade Commission (USITC) in a report released today.
The report, Economic Impact of Section 232 and 301 Tariffs on U.S. Industries, was prepared in response to a direction by the House and Senate Committees on Appropriations in an explanatory statement accompanying the Consolidated Appropriations Act, 2022, enacted on March 15, 2022.
As directed by the explanatory statement, the USITC, an independent, nonpartisan, factfinding federal agency, conducted a retrospective analysis of any tariffs imposed under section 232 of the Trade Expansion Act of 1962 and under section 301 of the Trade Act of 1974 that were active as of March 15, 2022. These actions included section 232 tariffs imposed on certain steel and aluminum products beginning in March 2018 and section 301 tariffs imposed on thousands of products imported from China beginning in July 2018. The explanatory statement directed that the report focus on the effects on trade, production, and prices in the industries directly and most affected.
The report includes:
- A description of the statutory provisions and recent actions under sections 232 and 301, including the major findings from the U.S. investigations that led to imposition of the tariffs.
- A description of the status and chronologies of tariffs under sections 232 and 301 as of March 15, 2022.
- A review of recent trade, production, and price trends in the directly and most affected industries.
- An economic analysis of the effects of these tariffs on the directly and most affected industries.
The report finds that on average from 2018 to 2021:
U.S. importers bore nearly the full cost of these tariffs because import prices increased at the same rate as the tariffs. The USITC estimated that prices increased by about 1 percent for each 1 percent increase in the tariffs under sections 232 and 301.
Section 232 tariffs reduced imports of affected steel products by 24 percent, increased the price of steel products in the United States by 2.4 percent, and increased U.S. production of steel products by 1.9 percent. U.S. production of steel was $1.3 billion higher in 2021 due to section 232 tariffs.
Section 232 tariffs reduced imports of affected aluminum products by 31 percent, increased the price of aluminum products in the United States by 1.6 percent, and increased U.S. production of aluminum products by 3.6 percent. U.S. production of aluminum was $0.9 billion higher in 2021 due to section 232 tariffs.
Section 232 increased domestic sourcing, and reduced production in downstream industries in the United States that use steel and aluminum products as inputs because of increased prices, although the magnitude of those effects varied across industries. Section 232 tariffs increased prices in downstream industries 0.2 percent on average, and decreased production in downstream industries 0.6 percent on average. U.S. production in downstream industries was $3.5 billion less in 2021 due to section 232 tariffs.
Across all affected sectors, section 301 tariffs reduced imports from China by 13 percent, increased the value of U.S. production by 0.4 percent, and increased the price of U.S. products by 0.2 percent.
In specific sectors, effects of section 301 tariffs varied. For example, section 301 duties reduced imports of computer equipment by 5 percent, increased the price of computer equipment in the U.S. by 0.8 percent, and increased the value of U.S. production of computer equipment by 1.2 percent. The section 301 tariffs reduced imports of semiconductors by 72.3 percent, increased the price of semiconductors in the U.S. by 4.1 percent, and increased the value of U.S. production of semiconductors by 6.4 percent.
Consistent with the explanatory statement’s direction to estimate effects in industries directly and most affected, the report estimates the effects of 232 tariffs on the U.S. steel and aluminum industries and downstream industries that intensively consume steel and aluminum and the effects of section 301 tariffs on industries in the United States that produce the products subject to 301 tariffs. In view of the one-year timeframe for the report’s completion, the report does not include estimated effects of section 301 tariffs on downstream industries that consume products subject to 301 tariffs or on industries beyond those directly and most affected. The estimates concern effects on trade, production, and prices. The report does not estimate the tariffs’ effects on other factors, for example, investment or their contribution to the national security or intellectual property protection concerns that led to the tariffs’ imposition. The analysis focuses on short-term effects during 2018 to 2021 and does not address long-term effects as it is not a forward-looking analysis. The report is not an assessment of the complete, economy-wide impacts of the tariffs under sections 232 and 301 and cannot be used to draw broad conclusions about whether the tariffs under sections 232 and 301 did or did not produce a net benefit for the U.S. economy overall. The analysis in this report is, by design, not intended to address those questions.
Economic Impact of Section 232 and 301 Tariffs on U.S. Industries (Investigation No. 332-591, USITC Publication 5405, March 2023) is available on the USITC's Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5405.pdf.
About factfinding investigations: USITC general factfinding investigations, such as this one, cover matters related to tariffs, trade, and competitiveness and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, the Senate Committee on Finance, or either branch of the Congress. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.
News Release 23-022
Inv. No(s). 701-TA-685 and 731-TA-1599-1606
Contact: Elizabeth Nesbitt, 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 tin mill products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey, and United Kingdom that are allegedly sold in the United States at less than fair value and subsidized by the government of China.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 tin mill products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey, and United Kingdom, with its preliminary countervailing duty determination due on or about April 13, 2023, and its preliminary antidumping duty determinations due on or about June 27, 2023.
The Commission’s public report Tin Mill Products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey, and United Kingdom (Inv. Nos. 701-TA-685 and 731-TA-1599-1606 (Preliminary), USITC Publication 5413, March 2023) will contain the views of the Commission and information developed during the investigations.
The report will be available by April 10, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Tin Mill Products from Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey, and United Kingdom
Investigation Nos. 701-TA-685 and 731-TA-1599-1606 (Preliminary)
Product Description: Tin mill products are flat-rolled products that are coated or plated with tin, chromium, or chromium oxides. Flat-rolled steel products coated with tin are known as tinplate. Flat-rolled steel products coated with chromium or chromium oxides are known as tin-free steel or electrolytic chromium-coated steel. The scope includes all the noted tin mill products regardless of thickness, width, form (in coils or cut sheets), coating type (electrolytic or otherwise), edge (trimmed, untrimmed or further processed, such as scroll cut), coating thickness, surface finish, temper, coating metal (tin, chromium, or chromium oxide), reduction (single- or double-reduced), and whether or not coated with a plastic material.
Status of Proceedings:
- Type of investigations: Preliminary countervailing and antidumping duty investigations.
- Petitioners: Cleveland-Cliffs Inc., Cleveland, Ohio; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, Pennsylvania.
- USITC Institution Date: Wednesday, January 18, 2023.
- USITC Conference Date: Wednesday, February 8, 2023.
- USITC Vote Date: Friday, March 3, 2023.
- USITC Notification to Commerce Date: Monday, March 6, 2023.
U.S. Industry in 2021:
- Number of U.S. producers: 3.
- Location of producers’ plants: California, Indiana, Ohio, 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 2021:
- Subject imports: 1
- Nonsubject imports: 1
- Leading import sources: 1
_________________
1 Withheld to avoid disclosure of business proprietary information.
News Release 23-021
Inv. No(s). 337-TA-1354
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain universal golf club shaft and golf club head connection adaptors, certain components thereof, and products 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 Club-Conex LLC of Scottsdale, AZ, on February 2, 2023, and supplemented on February 7, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain universal golf club shaft and golf club head connection adaptors, certain components thereof, and products containing the same that infringe a patent asserted by the complainant. The complainants request that the USITC issue a permanent limited exclusion order and a permanent cease and desist order.
The USITC has identified the following respondents in this investigation:
- Top Golf Equipment Co. Limited d/b/a All-Fit Golf of Shenzhen GuangDong, China;
- Volf Sports Co. LTD of Shenzhen, China;
- WoFu (Shenzhen) Sports Goods Co., Ltd., of Shenzhen, China.
By instituting this investigation (337-TA-1354), 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 23-019
Contact: Jennifer Andberg, 202-205-1819
David S. Johanson, Chairman of the United States International Trade Commission (USITC or Commission), announced today that Doris Johnson Hines will become an Administrative Law Judge (ALJ) at the USITC effective February 27, 2023. Johnson Hines will manage an active litigation docket, preside over evidentiary hearings, and make initial determinations in Section 337 investigations, most of which involve allegations of patent and trademark infringement.
Johnson Hines has extensive experience in intellectual property litigation in both the public and private sectors leading teams in U.S. district courts, the USITC, and before arbitration panels. She argued over a dozen appeals at the U.S. Court of Appeals for the Federal Circuit and was regularly involved in license negotiations, especially with respect to standard essential patents. Johnson Hines comes to the Commission from Finnegan, Henderson, Farabow, Garrett & Dunner LLP, having joined the firm in 1990 and now is Partner. Johnson Hines also participated in Finnegan’s veterans pro bono program, representing veterans in appeals to the U.S. Court of Appeals for Veterans Claims and the Federal Circuit.
Johnson Hines spent the early years of her career involved in patent application drafting and worldwide prosecution. She worked as a patent examiner at the U.S. Patent and Trademark Office (USPTO) and served as a law clerk to Judge Giles S. Rich at the Federal Circuit.
Johnson Hines holds a juris doctor degree, from the George Washington University Law School and a bachelor of science degree in electrical engineering from Rensselaer Polytechnic Institute.
The USITC is an independent, nonpartisan, quasi-judicial federal agency that investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry, violations of U.S. intellectual property rights, or other unfair methods of competition in connection with imported goods; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.
News Release 23-020
Inv. No(s). 731-TA-669
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping duty order on cased pencils 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 Cased Pencils from China (Inv. No. 731-TA-669 (Fifth Review), USITC Publication 5411, March 2023) will contain the views of the Commission and information developed during the review.
The report will be available by March 31, 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 Cased Pencils from China (Fifth Review) was instituted on August 1, 2022.
On November 4, 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.
News Release 23-018
Inv. No(s). 337-TA-1353
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pick-up truck folding bed cover 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 Extang Corporation of Ann Arbor, MI; Laurmark Enterprises, Inc., d/b/a BAK Industries of Ann Arbor, MI; and UnderCover, Inc., of Rogersville, Missouri, on January 19, 2023, and supplemented on January 23, 2023, and February 9, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pick-up truck folding bed cover systems and components thereof that infringe patents asserted by the complainant. 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:
- 4 Wheel Parts of Compton, CA;
- American Trucks of Lenexa, KS;
- Auto Dynasty a/k/a Shun Fung International Inc. of City of Industry, CA;
- AUTOSTARLAND Technology (US), Inc., of Riverside, CA;
- DNA Motoring of City of Industry, CA;
- Fanciest Pickup Accessories of Riverside, CA;
- Future Trucks a/k/a Future Trading Company, LLC, of Houston, TX;
- Ikon Motorsports, Inc. of City of Industry, CA;
- Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a KSC Auto of Pinghu City, Zhejiang, China;
- Kiko Kikito of Ruian City Wenzhou, Zhejiang, China;
- Lyon Cover Auto a/k/a Truck Tonneau Covers, of Wenzhou City, Zhejiang Province, China;
- Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. Cixi, Ningbo City, Zhejiang, China;
- MOSTPLUS Auto of Chai Wan, Hong Kong, China;
- Newpowa America, Inc. of Ontario, CA;
- New Home Materials, Inc. of Riverside, CA;
- OEDRO of Kent, WA;
- Pickup Zone a/k/a Dai Qun Feng of Riverside, CA;
- RDJ Trucks, LLC of Talmo, GA;
- Smittybilt, Inc. of Compton, CA;
- Trek Power, Inc. of Placentia, CA;
- Wenzhou Tianmao Automobile Parts Co., Ltd. Wenzhou, Zhejiang, China.
By instituting this investigation (337-TA-1353), 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 23-017
Inv. No(s). 731-TA-410
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revocation of the antidumping duty order on light-walled rectangular pipe and tube from Taiwan 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 Taiwan 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 Light-Walled Rectangular Pipe and Tube from Taiwan (Inv. No. 731-TA-410 (Fifth Review), USITC Publication 5410, February 2023) will contain the views of the Commission and information developed during the review.
The report will be available by March 22, 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 Light-Walled Rectangular Pipe and Tube from Taiwan (Fifth Review) was instituted on July 1, 2022.
On October 4, 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 Schmidtlein, Kearns, Stayin, and Karpel voted for an expedited review. Chairman 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.
News Release 23-015
Inv. No(s). 731-1585 and 701-679
Contact: Elizabeth Nesbitt, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of sodium nitrite from India 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 government of India.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from India.
The Commission’s public report Sodium Nitrite from India (Inv. Nos. 731-1585 and 701-679 (Final), USITC Publication 5408, February 2023) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 20, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Sodium Nitrite from India
Investigation Nos: 731-1585 and 701-679 (Final)
Product Description: Sodium nitrite (NaNO2, CAS registry number 7632-00-0) is an industrial chemical sold in solid or liquid form. Sodium nitrite is used in a wide range of industrial applications, including corrosion inhibition, detinning scrap tinplate, phosphating metals, and organic syntheses, notably the production of organic amines. Additional applications include the production of dyes and synthetic rubber, preservation of cured meat, and control of odor and inhibition of bacterial growth in wastewater treatment. It also serves in heat treating salts to harden metals, as an antidote to cyanide poisoning, and in military applications, including ammunition and explosives. These investigations cover sodium nitrite in any form, at any purity level.
Status of Proceedings:
- Type of investigation: Final countervailing duty and antidumping duty investigations.1
- Petitioner: Chemtrade Chemicals US LLC, Parsippany, New Jersey.
- USITC Institution Date: Thursday, January 13, 2022.
- USITC Hearing Date: Tuesday, June 21, 2022.
- USITC Vote Date: Wednesday February 8, 2023 (India investigations).
- USITC Notification to Commerce Date: Monday, February 20, 2023 (India investigations).
U.S. Industry in 2021:
- Number of U.S. producers: 2.
- Location of petitioner’s plant: New York.
- Production and related workers: 2
- U.S. producers’ U.S. shipments: 2
- Apparent U.S. consumption: 2
- Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2021:
- Subject imports: $6.7 million.
- Nonsubject imports: $40 thousand.
- Leading import sources: India and Russia
__________________
1 The Commission voted on its antidumping and countervailing duty investigations on sodium nitrite from Russia on July 27, 2022, and October 17, 2022, respectively, and notified Commerce of its determinations on August 15, 2022, and October 27, 2022, respectively.
2 Withheld to avoid disclosure of business proprietary information.
News Release 23-014
Inv. No(s). 731-TA-703
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping duty order on furfuryl alcohol 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 Furfuryl Alcohol from China (Inv. No. 731-TA-703 (Fifth Review), USITC Publication 5407, February 2023) will contain the views of the Commission and information developed during the review.
The report will be available by March 15, 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 Furfuryl Alcohol from China (Fifth Review) was instituted on July 1, 2022.
On October 4, 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 that 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.
News Release 23-013
Inv. No(s). 337-TA-1352
Contact: Jennifer Andberg, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing 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 Viking Therapeutics, Inc., of San Diego, CA, on December 29, 2022, and supplemented on January 13, 2023. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the United States of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States or prevent the establishment of an industry in the United States. 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:
- Ascletis Pharma Inc. of Hangzhou, Zhejiang Province, China;
- Ascletis Pharmaceuticals Co. Ltd. of Shaoxing, Zhejiang Province, China;
- Ascletis Bioscience Co., Ltd., of Hangzhou, Zhejiang Province, China;
- Gannex Pharma Co., Ltd., of Shanghai, China; and
- Jinzi Jason Wu of Seattle, WA.
By instituting this investigation (337-TA-1352), 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.