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News Release 16-029
Inv. No(s). 701-TA-556 and 731-TA-1311 (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 or threatened with material injury by reason of imports of truck and bus tires from China that are allegedly subsidized and sold in the United States at less than fair value.
Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Chairman Meredith M. Broadbent and Commissioner F. Scott Kieff voted in the negative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from China, with its preliminary countervailing duty determination due on or about April 25, 2016, and its preliminary antidumping duty determinations due on or about July 7, 2016.
The Commission’s public report Truck and Bus Tires from China (Investigation Nos. 701-TA-556 and 731-TA-1311 (Preliminary), USITC Publication 4601, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 11, 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Truck and Bus Tires from China
Investigation Nos. 701-TA-556 and 731-TA-1311 (Preliminary)
Product Description: Truck and bus tires are new pneumatic tires of rubber, designed and approved for use on heavy-duty commercial truck and bus vehicles that transport cargo and passengers on roads and highways. Compared to the lighter on-road consumer tires used on passenger vehicles and commercial light trucks, subject truck and bus tires are heavier, weight-bearing tires containing larger amounts of strong natural rubber and steel reinforcement. Truck and bus tires are produced in a large number of types and sizes, radial or non-radial, tube-type or tubeless, but are predominately of the tubeless, steel belted radial design, and sold in the original equipment and replacement markets. Tires of this nature are found on a large variety of vehicles, from the familiar urban around town haul trucks and passenger buses, to the higher speed, heavy-duty tractor-trailer rigs and passenger buses on highways. The product definition includes both unmounted and mounted tires, however only the tire is covered by the scope.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (“USW”), Pittsburgh, Pennsylvania.
3. Preliminary investigations instituted by the USITC: January 29, 2016.
4. Commission’s conference: February 19, 2016.
5. USITC vote: March 11, 2016.
6. USITC determinations to the U.S. Department of Commerce: March 14, 2016.
7. USITC views to the U.S. Department of Commerce: March 21, 2016.
U.S. Industry:
1. Number of producers in 2015: Four.
2. Location of producers’ plants: Illinois, Kansas, New York, South Carolina, Tennessee, and Virginia.
3. Employment of production and related workers in 2015: 6,423.
4. Apparent U.S. consumption in 2015: $5.9 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 43 percent.
U.S. Imports:
1. From the subject country during 2015: $1.2 billion.
2. From other countries during 2015: $1.3 billion.
3. Leading nonsubject sources during 2015: Canada, Japan, and Thailand (by quantity).
News Release 16-028
Inv. No(s). 337-TA-989
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated teller machines, ATM modules, components thereof, and products containing the same. The products at issue in the investigation are ATMs, ATM modules, components thereof, and products containing the same, including deposit automation modules, cash handling modules, and cassettes therefor.
The investigation is based on a complaint filed by Nautilus Hyosung Inc. of Seoul, Republic of Korea, and Nautilus Hyosung America, Inc., of Irving, TX, on February 9, 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 automated teller machines, ATM modules, components thereof, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Diebold, Incorporated, of North Canton, OH; and
Diebold Self-Service Systems of North Canton, OH.
By instituting this investigation (337-TA-989), 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 16-027
Inv. No(s). 337-TA-988
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pumping bras. The products at issue in the investigation are nursing bras that allow for hands-free pumping.
The investigation is based on a complaint filed by Simple Wishes, LLC, of Sacramento, CA, on February 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 pumping bras that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
TANZKY of Chaohuilou, Luohugu, China;
BabyPreg of Shenzhen, Guangdong, China;
Deal Perfect of Shenzhen, Guangdong, China; and
Buywish of Nanjing, Jiangsu, China.
By instituting this investigation (337-TA-988), 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 16-026
Inv. No(s). 731-TA-282 (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 petroleum wax candles 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 "petroleum wax candles" 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 16-025
Inv. No(s). 701-TA-555 and 731-TA-1310 (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 certain amorphous silica fabric 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 investigations on imports of these products from China, with its preliminary countervailing duty determination due on or about April 14, 2016, and its preliminary antidumping duty determinations due on or about June 28, 2016.
The Commission’s public report Certain Amorphous Silica Fabric from China (Investigation Nos. 701-TA-555 and 731-TA-1310 (Preliminary), USITC Publication 4598, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 4, 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Amorphous Silica Fabric from China
Investigation Nos. 701-TA-555 and 731-TA-1310 (Preliminary)
Product Description: The product covered by these investigations is woven (whether from yarns or rovings) industrial grade amorphous silica fabric, which contains a minimum of 90 percent silica (SiO2) by nominal weight, and a nominal width in excess of 8 inches. The investigation covers industrial grade amorphous silica fabric regardless of other materials contained in the fabric, regardless of whether in roll form or cut-to-length, regardless of weight, width (except as noted above), or length. The investigation covers industrial grade amorphous silica fabric regardless of whether the product is approved by a standards testing body (such as being Factory Mutual (FM) Approved), or regardless of whether it meets any governmental specification.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: Auburn Manufacturing, Inc., Mechanic Falls, ME.
3. Preliminary investigations instituted by the USITC: January 20, 2016.
4. Commission’s conference: February 10, 2016.
5. USITC vote: March 4, 2016.
6. USITC determinations to the U.S. Department of Commerce: March 7, 2016.
7. USITC views to the U.S. Department of Commerce: March 14, 2016.
U.S. Industry:
1. Number of producers in 2015: Two.
2. Location of producers’ plants: Maine and California.
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 China during 2015: 1
2. From other countries during 2015: 1
3. Leading import source during 2015: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-024
Inv. No(s). 337-TA-987
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hospital beds and components thereof. The products at issue in the investigation are hospital beds having certain side rail and braking features.
The investigation is based on a complaint filed by Stryker Corporation of Kalamazoo, MI, on February 1, 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 hospital beds and components thereof that infringe patents asserted by the complainant. The complainant requests 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:
Umano Médical Inc. of L’Islet, Quebec, Canada; and
Umano Médical World Inc. of L’Islet, Quebec, Canada.
By instituting this investigation (337-TA-987), 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 16-022
Inv. No(s). 337-TA-986
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain diaper disposal systems and components thereof, including diaper refill cassettes. The products at issue in the investigation are generally refill cassettes for diaper disposal systems that contain plastic film that ultimately forms disposal bags for soiled diapers so that the diapers may be disposed of in a hygienic way.
The investigation is based on a complaint filed by Edgewell Personal Care Brands, LLC, of Chesterfield, MO, and International Refills Company Ltd. of Welches, Christ Church, Barbados, on January 21, 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 diaper disposal systems and components thereof, including diaper refill cassettes, that infringe patents 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:
Munchkin, Inc. of Van Nuys, CA;
Munchkin Baby Canada, Ltd., of Brampton, Ontario, Canada; and
Lianyungang Brilliant Daily Products Co. Ltd. of Lianyungang, Jiangsu, China.
By instituting this investigation (337-TA-986), 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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News Release 16-023(c)
Inv. No(s). 701-TA-554 and 731-TA-1309 (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 certain biaxial integral geogrid products from China that are allegedly subsidized and sold in the United States at less than fair value.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from China, with its preliminary countervailing duty determination due on or about April 7, 2016, and its preliminary antidumping duty determination due on or about June 21, 2016.
The Commission’s public report Certain Biaxial Integral Geogrid Products from China (Investigation Nos. 701-TA-554 and 731-TA-1309 (Preliminary), USITC Publication 4596, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 28, 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Biaxial Integral Geogrid Products from China
Investigation Nos. 701-TA-554 and 731-TA-1309 (Preliminary)
Product Description:
Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut‐to‐length, attached to woven or nonwoven fabric or sheet material, or packaged) in which four‐sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products have integral strands that have been stretched to induce molecular orientation into the material constituting the sides of the openings and integral junctions where the strands intersect. “Integral” refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter in any direction and average overall flexural stiffness of more than 100,000 milligram‐centimeter. The most common use is the construction of paved (usually asphalt) and unpaved roads. The product interlocks with road building materials to prevent lateral movement and increases the road’s load bearing capacity.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: Tensar Corporation, Morrow, GA.
3. Preliminary investigations instituted by the USITC: January 13, 2016.
4. Commission’s conference: February 3, 2016.
5. USITC vote: February 26, 2016.
6. USITC determinations to the U.S. Department of Commerce: February 29, 2016.
7. USITC views to the U.S. Department of Commerce: March 7, 2016.
U.S. Industry:
1. Number of producers during 2014: Two.
2. Location of producers’ plants: Alabama, Maryland, and Georgia.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 1
U.S. Imports:
1. From the subject country during 2014: $9.25 million.
2. From other countries during 2014: None.
3. Leading sources during 2014: China (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 16-021
Inv. No(s). 701-TA-469 and 731-TA-1168 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on seamless carbon and alloy steel standard, line, and pressure pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping and countervailing duty orders on imports of this product 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 these five-year (sunset) reviews.
The Commission’s public report Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China (Inv. Nos. 701-TA-469 and 731-TA-1168 (Review), USITC Publication 4595, March 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by March 23, 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China were instituted on October 1, 2015.
On January 4, 2016, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited 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 16-020
Inv. No(s). 701-TA-551-553 and 731-TA-1307-1308 (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 certain new pneumatic off-the-road tires from India that are allegedly sold in the United States at less than fair value and subsidized by the governments of India and Sri Lanka.
The Commission further determined that imports of these products from China are negligible.
All six Commissioners voted in the affirmative with respect to India and Sri Lanka and determined that imports under these investigations from China are negligible.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from India and Sri Lanka, with its preliminary countervailing duty determinations due on or about April 4, 2016, and its preliminary antidumping duty determinations due on or about June 16, 2016. As a result of the Commission’s finding of negligibility, the investigations on imports of these products from China will be terminated.
The Commission’s public report Certain New Pneumatic Off-the-Road Tires from China, India, and Sri Lanka (Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary), USITC Publication 4594, March 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain New Pneumatic Off-The-Road Tires from China, India, and Sri Lanka
Investigation Nos. 701-TA-551-553 and 731-TA-1307-1308 (Preliminary)
Product Description: New pneumatic off-the-road (OTR) tires are typically heavy-duty tires of various types and sizes designed for use principally on vehicles and implements in the agricultural, mining and construction, and other industrial sectors. OTR tires may be either tube-type or tubeless, radial, or non-radial in construction, and produced for sale in the original equipment and replacement markets, whether or not mounted to wheels or rims; however, only the tire is covered by the investigative scope. Subject OTR tire sizes and specifications are reported in sections of the Tire and Rim Association Year Book. Excluded from the scope are mining and construction tires of 39 inch rim diameter and above, on-road consumer and commercial tires bearing the symbol DOT, tires that are not new, solid tires, and certain other tires including those for use on ATVs. Chinese unmounted OTR tires subject to existing AD/CVD orders are also excluded.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Titan Tire Corporation, Des Moines, IA, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC of Pittsburgh, Pennsylvania Pittsburgh, PA.
3. Preliminary investigations instituted by the USITC: January 8, 2016.
4. Commission’s conference: January 29, 2016.
5. USITC vote: February 19, 2016.
6. USITC determinations to the U.S. Department of Commerce: February 24, 2016.
7. USITC views to the U.S. Department of Commerce: March 2, 2016.
U.S. Industry:
1. Number of producers in 2015: Five.
2. Location of producers’ plants: Illinois, Iowa, Kansas, Ohio, Pennsylvania, and Tennessee.
3. Employment of production and related workers in 2015: [1]
4. Apparent U.S. consumption in 2014: $2.4 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 48 percent.
U.S. Imports:
1. From the subject countries during 2014: $238 million.
2. From other countries during 2014: $891 million.
[1] Withheld to avoid disclosure of business proprietary information.