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News Release 16-098
Inv. No(s). 332-503
Contact: Peg O'Laughlin, 202-205-1819
Although U.S. Imports of Woven Cotton Bottoms under the EIAP Rose in 2015, Industry Sources Do not Attribute the Increase to the EIAP
Seven years after its implementation, the Earned Import Allowance Program (EIAP) is not providing enough incentives to substantially boost Dominican apparel exports to the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Seventh Annual Review.
The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.
The USITC's seventh annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July 29, 2016. Highlights of the report follow.
- Of the 12 registered firms, only 5 firms are currently using the program, the same number reported in the sixth annual review.
- In 2015, U.S. imports of woven cotton bottoms from the Dominican Republic tripled by value to $8.2 million from $2.7 million in 2014 and increased more than fivefold by quantity. U.S. industry sources attributed these increases, however, to incidental larger orders rather than to incentives offered by the EIAP. Moreover, the value and quantity of U.S. imports of woven cotton bottoms under the EIAP in 2015 accounted for less than 25 percent and 41 percent, respectively, of what they were at their peak in 2010.
- U.S. exports to the Dominican Republic of cotton fabrics of a weight suitable for making bottoms rose 13 percent by quantity and 11 percent by value between 2014 and 2015.
- Except for one addition, the recommendations offered during the seventh annual review of the EIAP were virtually the same as those received by the Commission during the previous six annual reviews: 1) lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; 2) expanding the program coverage to enable other types of fabrics and apparel items to be included in the EIAP; and 3) changing the requirement that dyeing and finishing of eligible fabrics occur in the United States. The new recommendation proposed during the seventh annual review was to add countries to the EIAP to foster regional integration and create further opportunities in other CAFTA-DR countries.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Seventh Annual Review (Inv. No. 332-503, USITC Publication 4626, July 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4626.pdf
USITC general factfinding investigations, such as this, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 16-097
Inv. No(s). 163-1
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released The Year in Trade 2015, its annual overview of developments regarding the administration of U.S. trade laws and trade agreements.
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 67th 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 reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2015.
The Year in Trade 2015 covers:
- all U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases active in 2015. In addition, the 2015 report also covers the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
- WTO dispute settlement decisions and other significant activities in the WTO, the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum;
- negotiations regarding the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership, developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and
- bilateral trade issues with major U.S. trading partners—the European Union, China, Canada, Mexico, Japan, South Korea, Taiwan, India, and Brazil.
The report also provides an overview of U.S. trade in goods and services during 2015. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements.
The Year in Trade 2015 (USITC Publication 4627, July 2016) will be posted on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4627.pdf. Other reports in this series dating back to 1948 can also be found on the Commission’s website at https://www.usitc.gov/research_and_analysis/year_in_trade.htm.
News Release 16-096
Inv. No(s). 337-TA-1015
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hand dryers and housings for hand dryers. The products at issue in the investigation are hand dryers, including high-efficiency hand dryers typically used in restrooms in commercial settings.
The investigation is based on a complaint filed by Excel Dryer, Inc., of East Longmeadow, MA, June 24, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hand dryers and housings for hand dryers that infringe the complainant’s trade dress. 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 as respondents in this investigation:
ACL Group (Intl.) Ltd. of Doncaster, United Kingdom;
Alpine Industries Inc. of Irvington, New Jersey;
FactoryDirectSale of Ontario, CA;
Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of Xiamen, Fujian, China;
Jinhua Kingwe Electrical Co. Ltd. (a/k/a Kingwe) of Jinhua City, Zhejiang Province, China;
Penson & Co. of Shanghai, China;
Taizhou Dihour Electrical Appliances Co. Ltd. of Wenling City, ZheJiang Province, China;
TC Bunny Co., Ltd., of Shanghai, China;
Toolsempire of Ontario, CA;
US Air Hand Dryer of Sacramento, CA;
Sovereign Industrial (Jiaxing) Co. Ltd. of Jiaxing Zhejiang Jiaxing, China; and
Zhejiang Aike Appliance Co., Ltd. of Xianju, Taizhou, Zhejiang, China.
By instituting this investigation (337-TA-1015), 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 16-094
Inv. No(s). 337-TA-1014
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain composite intermediate bulk containers. The products at issue in the investigation are composite intermediate bulk containers for the transportation and storage of materials, primarily liquids.
The investigation is based on a complaint filed by Schütz Container Systems Inc. of North Branch, NJ, on June 22, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain composite intermediate bulk containers that infringe the complainant’s trade dress. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Zhenjiang Runzhou Jinshan Packaging Factory of Hengshun, Zhenjiang, China, as the respondent in this investigation.
By instituting this investigation (337-TA-1014), 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 16-095
Inv. No(s). 731-TA-1279 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today announced its determinations in its final phase antidumping duty investigation concerning hydrofluorocarbon blends and components from China.
The Commission found two domestic like products in this investigation and determined that a U.S. industry is materially injured by reason of imports of hydrofluorocarbon blends from China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value. The Commission further determined that a U.S. industry is not materially injured or threatened with material injury by reason of hydrofluorocarbon components from China that Commerce has determined are sold in the United States at less than fair value.
All six Commissioners voted in the affirmative with respect to hydrofluorocarbon blends from China and in the negative with respect to hydrofluorocarbon components from China.
As a result of the USITC’s affirmative determination, the Commerce will issue an antidumping duty order on imports of hydrofluorocarbon blends from China. As a result of the Commission’s negative determination, no orders will be issued on imports of hydrofluorocarbon components from China.
The Commission also made negative findings with respect to critical circumstances with regard to imports of hydrofluorocarbon blends from China. As a result, goods that entered the United States from China prior to February 1, 2016, will not be subject to retroactive antidumping duties (date is the date of the Department of Commerce’s affirmative preliminary determination).
The Commission’s public report Hydrofluorocarbon Blends and Components from China (Investigation No. 731-TA-1279 (Final), USITC Publication 4629, August 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available by July 26, 2016; 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
Hydrofluorocarbon Blends and Components from China
Investigation No. 731-TA-1279 (Final)
Product Description: Hydrofluorocarbon blends and their hydrofluorocarbon components, whether or not the components are imported for blending, are organic chemical compounds containing only hydrogen, fluorine, and carbon. HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A are composed of two or three of the following HFC components: R-32, R-125, R-134a, and R-143a. Although it is a component in multiple blends, HFC component R-134a is specifically excluded from this investigation. The three component HFCs subject to this investigation are used primarily as inputs for the subject HFC blends but also have limited applications as fire suppressants (R‐125) and propellants (R‐143a). R‐32 was approved in February 2015 for self‐contained air conditioning systems in the U.S. market. The blends are used primarily for low- and medium-temperature refrigeration and air conditioning. The most common applications are residential air conditioning and heat pumps, commercial air conditioning, commercial refrigeration (e.g., walk-in coolers and supermarket display cases), transportation refrigeration, and process refrigeration (e.g., food processing and chemical manufacturing). As they were developed to replace a single refrigerant, R-22, in these low‐ and medium‐temperature conditions, the subject blends have considerable overlap in their applications.
Status of Proceedings:
1. Type of investigation: Final antidumping.
2. Petitioners: The American HFC Coalition and its members: Amtrol, Inc., West Warwick, RI; Arkema, Inc., King of Prussia, PA; The Chemours Company FC LLC, Wilmington, DE; Honeywell International Inc., Morristown, NJ; Hudson Technologies, Pearl River, NY; Mexichem Fluor Inc., St. Gabriel, LA; Worthington Industries, Inc., Columbus, OH; and District Lodge 154 of the International Association of Machinists and Aerospace Workers.
3. Investigation instituted by USITC: June 25, 2015.
4. USITC hearing: June 21, 2016.
5. USITC vote: July 22, 2016.
6. USITC notification of Department of Commerce: August 5, 2016.
U.S. Industry:
1. Number of component producers in 2015: Two.
2. Location of component producers’ plants: Kentucky and Louisiana.
3. Number of blend producers in 2015: Six.
4. Location of blend producers’ plants: Indiana, Kentucky, Louisiana, Michigan, New Jersey, and Texas.
5. Employment of production and related workers in 2015: [1]
6. Apparent U.S. consumption in 2015: 1
7. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 1
U.S. Imports:
1. From the subject country during 2015: 1
2. From other countries during 2015: 1
3. Leading sources during 2015: 1
[1] Withheld to avoid disclosure of business proprietary information.
# # #
News Release 16-093
Inv. No(s). 337-TA-1013
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain potassium chloride powder products. The products at issue in the investigation are potassium chloride powder products for the treatment of hypokalemia in adults and pediatric patients, particularly, potassium chloride for oral solution.
The investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., of Allentown, PA; Endo Global Ventures of Hamilton, Bermuda; Endo Ventures Limited of Dublin, Ireland; and Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) of Huntsville, AL, on June 15, 2016. The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain potassium chloride powder products by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Viva Pharmaceutical Inc. of Richmond, British Columbia, Canada;
Virtus Pharmaceuticals, LLC, of Tampa, FL; and
Virtus Pharmaceuticals OPCO II, LLC, of Nashville, TN.
By instituting this investigation (337-TA-1013), 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 16-092
Inv. No(s). 731-TA-308-310 & 520-521 (4th Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 antidumping duty orders on imports of these products from Brazil, China, Japan, Taiwan, and Thailand will remain in place.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein voted in the affirmative with respect to all countries. Commissioner Meredith M. Broadbent voted in the affirmative with respect to China, Japan, Taiwan, and Thailand, and in the negative with respect to Brazil.
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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand (Inv. Nos. 731-TA-308-310 and 520-521 (Fourth Review), USITC Publication 4628, August 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by August 24, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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) reviews concerning Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand were instituted on March 1, 2016.
On June 6, 2016, the Commission voted to conduct expedited reviews. Then-Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Then-Chairman Meredith M. Broadbent and Commissioner David S. Johanson concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
A record of the Commission’s vote to conduct expedited reviews 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 16-081
Inv. No(s). 332-555
Contact: Peg O'Laughlin, 202-205-1819
U.S. bilateral, regional, and multilateral agreements have evolved markedly over the last 30 years, with their provisions often becoming broader, stronger, and more transparent, according to the U.S. International Trade Commission (USITC) report, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2016 Report.
The USITC, an independent, nonpartisan factfinding federal agency, conducted the investigation pursuant to Section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. § 4204(f)(2)).
As requested, the Commission's report estimates the economic impact on the United States of all trade agreements passed under trade authorities procedures since January 1, 1984. This group of agreements encompasses the Uruguay Round Agreements, the North American Free Trade Agreement (NAFTA – Canada and Mexico), and U.S. bilateral or regional trade agreements with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.
The Commission used a variety of approaches to analyze the impacts of these agreements. The Commission traced the evolution of key provisions over the last 30 years, developed economic models that estimate the magnitude of the agreements’ impacts, assessed how individual provisions have impacted specific industries through a series of case studies, and summarized the empirical literature estimating the effects of trade agreements.
The quantitative estimates from the models represent changes relative to the levels of economic outcomes that would have existed absent the agreements. The estimates offer wide coverage, across many trade agreements and different types of economic outcomes, but they are not comprehensive. They do not capture all of the economic benefits of the agreements, or all of the economic costs, due to limits on available data and analytic techniques.
Following are highlights from the report.
- The Commission estimated that in 2012, the agreements increased total U.S. exports by 3.6 percent, total U.S. imports by 2.3 percent, real GDP by 0.2 percent, total employment by 0.1 percent, and real wages by 0.3 percent. Read More
- In 2012, U.S. bilateral and regional trade agreements expanded bilateral trade flows with partner countries by 26.3 percent on average across the traded goods and services sectors. Read More
- Model results also showed that the bilateral and regional trade agreements had a positive effect, on average, on U.S. bilateral merchandise trade balances with partner countries, increasing trade surpluses or reducing trade deficits by $87.5 billion in total in 2015. Read More
- Increases in patent protection since the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) entered into force increased U.S. international receipts for the use of intellectual property by 12.6 percent in 2010. Read More
- The agreements had a mixed effect on foreign direct investment, in some cases increasing and in other cases decreasing inbound and outbound investment flows. Read More
- The bilateral and regional trade agreements resulted in tariff savings of up to $13.4 billion in 2014, with a significant part of these savings benefiting U.S. consumers. Read More
- In addition, some of the agreements increased the variety of products imported by the United States. Read More
- Finally, the report finds that industry-specific agreements had a larger impact than agreements that cover many sectors, and presents estimates of such effects:
- The Information Technology Agreement increased annual U.S. exports of the information technology products covered by the agreement by 56.7 percent in 2010. Read More
- The Uruguay Round and NAFTA tariff reductions increased annual U.S. steel imports by 14.7 percent in 2000. Read More
- The increase in apparel imports that coincided with the Agreement on Textiles and Clothing accounted for most of the reduction in U.S. employment in the apparel industry between 1998 and 2014. Read More
Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2016 Report (Investigation No. 332-555, USITC Publication 4614, June 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4614.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the 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 16-080
Inv. No(s). 337-TA-1012
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic data storage tapes and cartridges containing the same. The products at issue in the investigation are Linear Tape-Open (“LTO”) magnetic tape media for data storage and tape cartridges.
The investigation is based on a complaint filed by FUJIFILM Corporation of Tokyo, Japan, and FUJIFILM Recording Media USA, Inc., of Bedford, MA, on May 27, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain magnetic data storage tapes and cartridges containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY; and
Sony Electronics, Inc., of San Diego, CA.
By instituting this investigation (337-TA-1012), 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 16-079
Inv. No(s). 337-TA-1011
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same. The products at issue in the investigation are printers and print systems and components thereof, including printheads and ink cartridges.
The investigation is based on a complaint filed by HP Inc. of Palo Alto, CA, on May 27, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same 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 as respondents in this investigation:
Memjet, Ltd., of Dublin, Ireland;
Memjet US Services, Inc., of San Diego, CA;
Memjet Home and Office, Inc., of Eagle, ID;
Memjet North Ryde Pty Ltd. of North Ryde, New South Wales, Australia;
Memjet Technology Ltd. of Dublin, Ireland;
Memjet Holdings Ltd. of Dublin, Ireland;
Afinia LLC of Chanhassen, MN;
Astro Machine Corporation of Elk Grove Village, IL;
Colordyne Technologies, LLC, of Brookfield, WI;
Formax Technologies, Inc., of Dover, NH;
Neopost USA, Inc. (d/b/a Neopost Northwest, Neopost Northeast, Neopost Priority Systems, and/or Neopost Southeast) of Milford, CT;
Printware LLC of Eagan, MN;
VIPColor Technologies USA, Inc., of Newark, CA;
ABC Office (d/b/a Brent Barlow) of Kaysville, UT;
All for Mailers, Inc., of Feasterville, PA;
Fernqvist Labeling Solutions, Inc., of Mountain View, CA;
Information Management Services LLC (d/b/a MyBinding.com) of Hillsboro, OR;
JMP Business Systems, Inc., of Clovis, CA;
Mono Machines LLC of New York, NY;
Ordway Corporation (d/b/a Print & Finishing Solutions) of Placentia, CA;
Pacific Barcode, Inc., of Temecula, CA;
Pacific Code & Label, Inc., of Portland, OR;
Parts Now! LLC of Madison, WI;
Trademark Copysystems Inc. (d/b/a Addrex – Addresser Sales Company) of Cleveland, OH; and
Vivid Data Group LLC of Dallas, TX.
By instituting this investigation (337-TA-1011), 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.