June 16, 2016
News Release 16-070
Inv. No(s). 731-TA-1071 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Alloy Magnesium from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on alloy magnesium 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 antidumping duty order on imports of this product from China will remain in place. 

Chairman Meredith M. Broadbent and Commissioners Irving A. Williamson, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein voted in the affirmative.  Vice Chairman Dean A. Pinkert did not participate in this review.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on this five-year (sunset) review.

The Commission’s public report Alloy Magnesium from China (Inv. No. 731-TA-1071 (Second Review), USITC Publication 4618, June 2016) will contain the views of the Commission and information developed during the review.

The report will be available by July 21, 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) review concerning Alloy Magnesium from China was instituted on February 1, 2016.

On May 6, 2016, the Commission voted to conduct an expedited review.  Chairman Meredith M. Broadbent and Commissioners Irving A. Williamson, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.   Vice Chairman Dean A. Pinkert did not participate in this 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.

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June 13, 2016
News Release 16-068
Inv. No(s). 337-TA-1006
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Passenger Vehicle Automotive Wheels

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain passenger vehicle automotive wheels.  The products at issue in the investigation are automotive wheels with certain designs and/or trademarks that are used with Mercedes-Benz automobiles.

The investigation is based on a complaint filed by Daimler AG of Stuttgart, Germany, on April 11, 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 passenger vehicle automotive wheels that infringe patents and trademarks 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:

A-Z Wheels LLC d/b/a UsaRim/UsaRim.com/Eurotech Wheels of San Diego, CA;
Galaxy Wheels & Tires, LLC, of San Diego, CA;
Infobahn International, Inc., d/b/a Infobahn/Eurotech/Eurotech Luxury Wheels/Eurotech Wheels/UsaRim of San Diego, CA;
Amazon.com, Inc., of Seattle, WA;
A Spec Wheels & Tires LLC d/b/a A SPEC Wheels & Tires of Hayward, CA;
American Tire Distributors Holdings, Inc., of Huntersville, NC;
American Tire Distributors, Inc., of Huntersville, NC;
Onyx Enterprises Int’l, Corp. d/b/a CARiD.COM of Cranbury, NJ;
O.E. Wheel Distributors, LLC, of Sarasota, FL;
Powerwheels Pro, LLC, of Waterford, MI; and
Trade Union International, Inc. d/b/a Topline of Montclair, CA.

By instituting this investigation (337-TA-1006), 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.

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June 13, 2016
News Release 16-067
Inv. No(s). 332-501
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases Seventh Annual Report on U.S. Textile and Apparel Imports from China

The U.S. International Trade Commission (USITC) today released its annual compilation of reports published every two weeks on textile and apparel imports from China.

The report, Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2015, was requested by the U.S. House of Representatives' Committee on Ways and Means.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, produced an annual compilation of data that has been posted on a bi-weekly basis on the USITC website. The data in the report are shown on an annual and quarterly basis, by category and by Harmonized Tariff Schedule (HTS) 10-digit subheadings.

By category, annual data are provided from 2008 through 2015, and quarterly data are provided from first quarter 2014 through fourth quarter 2015. By HTS10 subheading, annual data are provided from 2013 through 2015, and quarterly data are provided from first quarter 2014 through fourth quarter 2015.

The report also will be available on the USITC Internet site in Excel and PDF formats at https://www.usitc.gov/research_and_analysis/what_we_are_working_on.htm (scroll down to the bottom of the page). A DVD of the report may be requested by email at pubrequest@usitc.gov, by calling 202-205-2000, or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

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.

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June 9, 2016
News Release 16-066
Inv. No(s). 337-TA-1005
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain L-tryptophan, L-tryptophan products, and their methods of production.  The products at issue in the investigation are L-tryptophan and L-tryptophan products used as a supplement to animal feed or as a nutritional supplement for humans.

The investigation is based on a complaint filed by Ajinomoto Co., Inc., of Tokyo, Japan, and Ajinomoto Heartland Inc. of Chicago, IL, on May 10, 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 L-tryptophan, L-tryptophan products, and their methods of production that infringe patents asserted by the complainants.  The complainants request that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

CJ CheilJedang Corp. of Seoul, Republic of Korea;
CJ America, Inc. of Downers Grove, IL; and
PT CheilJedang Indonesia of Jakarta, Indonesia.

By instituting this investigation (337-TA-1005), 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.

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June 8, 2016
News Release 16-065
Inv. No(s). 731-TA-1070B
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Certain Tissue Paper Products from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on certain tissue paper products 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 antidumping duty order on imports of these products from China will remain in place. 

All six Commissioners 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 Certain Tissue Paper Products from China (Inv. No. 731-TA-1070B (Second Review), USITC Publication 4617, June 2016) will contain the views of the Commission and information developed during the review.

The report will be available by July 12, 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) review concerning Certain Tissue Paper Products from China was instituted on June 1, 2015.

On September 4, 2015, the Commission voted to conduct a full review.  All six Commissioners concluded that the domestic group response for this review was adequate and that the respondent group response was inadequate.  Chairman Meredith M. Broadbent and Commissioners David S. Johanson and F. Scott Kieff voted for a full review, finding that circumstances warranted a full review.  Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson and Rhonda K. Schmidtlein voted for an expedited review.

A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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June 7, 2016
News Release 16-064
Inv. No(s). 337-TA-1004
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof.  The products at issue in the investigation are smartphones and laptops.   

The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on May 5, 2016 and supplements thereto.  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 mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof that infringe patents asserted by the complaint.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Apple Inc. of Cupertino, CA; and
AT&T Mobility LLC of Atlanta, GA.

By instituting this investigation (337-TA-1004), 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.

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June 7, 2016
News Release 16-063
Inv. No(s). 337-TA-1003
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Composite Aerogel Insulation Materials and Methods for Manufacturing Same

The U.S. International Trade Commission (USITC) last week voted to institute an investigation of certain composite aerogel insulation materials and methods for manufacturing same.  The products at issue in the investigation are very lightweight and low density insulation materials made using certain manufacturing processes.

The investigation is based on a complaint filed by Aspen Aerogels, Inc., of Northborough, MA, on May 5, 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 aerogel insulation materials and methods for manufacturing same that infringe patents asserted by the complaint.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Nano Tech Co., Ltd., of Shaoxing, Zhejiang, People’s Republic of China; and
Guangdong Alison Hi-Tech Co., Ltd., of Guangzhou, People’s Republic of China.

By instituting this investigation (337-TA-1003), 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.

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June 6, 2016
News Release 16-062
Inv. No(s). 731-TA-1063-1064 and 1066-1068 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam.

As a result of these votes, the Commission will conduct full reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.

With respect to Brazil, India, Thailand, and Vietnam, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews.  With respect to China, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

A record of the Commission’s votes on these matters 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. 

The record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.  From this page, search "frozen warmwater shrimp" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available.  The Commission will issue a report after it completes its reviews.

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