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News Release 16-052
Inv. No(s). 701-TA-558 and 731-TA-1316 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of imports of 1-hydroxyethylidene-1, 1-disphosphonic acid (HEDP) from China that are allegedly subsidized and sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from China, with its preliminary countervailing duty determination due on or about June 24, 2016, and its antidumping duty determination due on or about September 7, 2016.
The Commission’s public report 1-Hydroxyethylidene-1, 1-Disphosphonic Acid (HEDP) from China, Inv. Nos. 701-TA-558 and 731-TA-1316 (Preliminary), USITC Publication 4612, May 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 13, 2016. After that date, 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
1-Hydroxyethylidene-1, 1-diphosphonic acid (“HEDP”) from China
Investigation Nos. 701-TA-558 and 731-TA-1316 (Preliminary)
Product Description: HEDP is an odorless, colorless to yellowish acidic liquid organic phosphorus chemical compound used principally in industrial water treatment applications where it is effective in increasing the solubility of metal mineral ions that otherwise would cause harmful scaling in process equipment. The product is sold largely in 60 percent aqueous industrial grade acidic solution, although the scope extends to all purity levels and aqueous concentrations of acidic (non-neutralized) HEDP. The product is stable across a wide range of temperatures, pH, and chlorine levels. In addition to its major use as an antiscalant in commercial cooling water systems, the product also finds effective use in reverse osmosis desalination, sequestration (stabilization) of metal ions that color water and stain surfaces, and serves to stabilize bar soap and antimicrobial agent formulations. HEDP is a reaction product of phosphorous acid and acetic anhydride, in which salable acetic acid byproduct is also produced: 2H3PO3 + (CH3CO)2O = C2H8O7P2 (HEDP) + CH3COOH (Acetic Acid).
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: Compass Chemical International, LLC, Smyrna, GA.
3. Preliminary investigations instituted by the USITC: March 31, 2016.
4. Commission’s conference: April 21, 2016.
5. USITC vote: May 13, 2016.
6. USITC determinations to the U.S. Department of Commerce: May 16, 2016.
7. USITC views to the U.S. Department of Commerce: May 23, 2016.
U.S. Industry:
1. Number of producers in 2015: One.
2. Location of producer’s plant: Georgia.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2015: 1
5. 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 16-050
Inv. No(s). 731-TA-1315 (Preliminary)
Contact: Peg O'Laughlin, 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 ferrovanadium from Korea that are allegedly sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Korea, with its preliminary antidumping duty determination due on or about September 6, 2016.
The Commission’s public report Ferrovanadium from Korea (Investigation No. 731-TA-1315 (Preliminary), USITC Publication 4611, May 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available after June 9, 2016. After that date, 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
Ferrovanadium from Korea
Investigation No. 731-TA-1315 (Preliminary)
Product Description: The product covered by this investigation is all ferrovanadium regardless of grade (i.e., percentage of contained vanadium), chemistry, form, shape, or size. Ferrovanadium is an alloy of iron and vanadium.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioners: The Vanadium Producers and Reclaimers Association and its members: AMG Vanadium, LLC, Cambridge, OH; Bear Metallurgical Company, Butler, PA; Gulf Chemical & Metallurgical Corporation, Freeport, TX; and Evraz Stratcor, Inc., Hot Springs, AR.
3. Preliminary investigation instituted by the USITC: March 28, 2016.
4. Commission’s conference: April 18, 2016.
5. USITC vote: May 11, 2016.
6. USITC determinations to the U.S. Department of Commerce: May 12, 2016.
7. USITC views to the U.S. Department of Commerce: May 19, 2016.
U.S. Industry:
1. Number of producers in 2015: Two.
2. Location of producers’ plants: Ohio and Pennsylvania.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2015: 1
5. 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: $16.3 million.
2. From other countries during 2015: $50.7 million.
3. Leading sources during 2015: Czech Republic, Korea, and Austria (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-049
Inv. No(s). 337-TA-996
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain quartz slabs and portions thereof. The products at issue in the investigation are quartz slabs.
The investigation is based on a complaint filed by Cambria Company LLC of Belle Plaine, MN, on April 14, 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 quartz slabs and portions thereof by reason of infringement of patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Wilsonart LLC of Temple, TX; and
Dorado Soapstone LLC of Denver, CO.
By instituting this investigation (337-TA-996), 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 16-048
Inv. No(s). 337-TA-995
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrical conductor composite cores and components thereof. The products at issue in the investigation are composite core conductors that are used in overhead electrical transmission lines.
The investigation is based on a complaint filed by CTC Global Corporation of Irvine, CA, on April 8, 2016 and amended on April 26, 2016. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electrical conductor composite cores and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Mercury Cable & Energy, Inc. of San Juan Capistrano, CA; and
Shenzhen Zm Hesheng Power Development Co., Ltd. of Futian Shenzhen China.
By instituting this investigation (337-TA-995), 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 16-047
Inv. No(s). 731-TA-298 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on porcelain-on-steel cooking ware from China.
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations 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.
All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote on this matter 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 vote 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 "porcelain-on-steel cooking ware" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
News Release 16-046
Inv. No(s). 731-TA-1071 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on alloy magnesium from China.
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations 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.
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 on this matter 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 vote 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 "alloy magnesium" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.
News Release 16-045
Inv. No(s). 337-TA-994
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable electronic devices and components thereof. The products at issue in the investigation are portable electronic devices, such as smart phones, with the capability of playing stored media files selected by a user from a hierarchical display.
The investigation is based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc., of Milpitas, CA, on March 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 portable electronic devices and components thereof that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
ZTE Corporation of Guangdong, China;
ZTE (USA) Inc. of Richardson, TX;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc., of Tokyo, Japan;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA), Inc., of Atlanta, GA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics Mobilecomm U.S.A., Inc., of San Diego, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
Blackberry Ltd. of Waterloo, Ontario, Canada; and
Blackberry Corporation of Irving, Texas.
By instituting this investigation (337-TA-994), 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 16-043
Inv. No(s). 731-TA-282 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on petroleum wax candles 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 Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fourth Review), USITC Publication 4610, May 2016) will contain the views of the Commission and information developed during the review.
The report will be available by May 31, 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 Petroleum Wax Candles from China was instituted on December 1, 2015.
On March 7, 2016, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review 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 16-042
Inv. No(s). 731-TA-1314 (Preliminary)
Contact: Peg O'Laughlin, 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 phosphor copper from Korea that are allegedly sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Korea, with its preliminary antidumping duty determination due on or about August 16, 2016.
The Commission’s public report Phosphor Copper from Korea (Investigation No. 731-TA-1314 (Preliminary), USITC Publication 4608, May 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available after May 23, 2016. After that date, 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
Phosphor Copper from Korea
Investigation No. 731-TA-1314 (Preliminary)
Product Description: Phosphor copper is a master alloy of copper containing between 5 and 17 percent phosphorus by weight. Phosphor copper is frequently produced to JIS H2501 and ASTM B-644, Alloy A3 standards or higher. The subject product has three primary uses: (1) a deoxidizing agent, (2) an alloying additive, and (3) a component of brazing alloys.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioner: Metallurgical Products Company, West Chester, PA.
3. Preliminary investigation instituted by the USITC: March 9, 2016.
4. Commission’s conference: March 30, 2016.
5. USITC vote: April 21, 2016.
6. USITC determination to the U.S. Department of Commerce: April 25, 2016.
7. USITC views to the U.S. Department of Commerce: May 2, 2016.
U.S. Industry:
1. Number of producers in 2015: Three.
2. Location of producers’ plants: Illinois, New York, and Pennsylvania.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2015: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 1
U.S. Imports:
1. From the subject countries during 2015: 1
2. From other countries during 2015: 1
3. Leading source during 2015: Korea (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
# # #
News Release 16-041
Inv. No(s). 337-TA-992
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain height-adjustable desk platforms and components thereof. The products at issue in the investigation are height-adjustable desk platforms, and components thereof, which are designed to allow users to work while standing rather than sitting. The products allow users to securely position their work surfaces at different heights.
The investigation is based on a complaint filed by Varidesk LLC of Coppell, TX, on March 18, 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 height-adjustable desk platforms and components thereof 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 as respondents in this investigation:
Nortek, Inc., of Providence, RI; and
Ergotron, Inc., of St. Paul, MN.
By instituting this investigation (337-TA-992), 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.