February 10, 2016
News Release 16-019
Inv. No(s). 337-TA-985
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Surgical Stapler Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain surgical stapler devices and components thereof.  The products at issue in the investigation are surgical stapler devices for use in abdominal, gynecologic, pediatric, and thoracic surgeries.   

The investigation is based on a complaint filed by Covidien LP of Mansfield, MA, on January 8, 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 surgical stapler devices 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 Chongqing QMI Surgical Co., Ltd., of Chongqing, China, as the respondent in this investigation.

By instituting this investigation (337-TA-985), 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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February 9, 2016
News Release 16-018
Inv. No(s). 701-TA-528-529 and 731-TA-1264-1268 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and subsidized by the governments of China and Indonesia.

All six Commissioners voted in the affirmative. 

The Commission also made a negative finding with respect to critical circumstances with regard to imports of this product from Australia.  As a result, goods that entered the United States from Australia prior to August 26, 2015, the date of the Department of Commerce’s affirmative preliminary determination, will not be subject to retroactive duties.

As a result of the USITC’s affirmative determinations, the Department of Commerce will issue countervailing duty orders on imports of this product from China and Indonesia and antidumping duty orders on imports of this product from Australia, Brazil, China, Indonesia, and Portugal. 

The Commission’s public report Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final), USITC Publication 4592, February 2016) will contain the views of the Commissioners and information developed during the investigations.

The report will be available by March 14, 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
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final)

Product Description: Certain uncoated paper covered by these investigations includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level of 85 or higher or is a colored paper; whether or not surface-decorated, printed, embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions. Certain uncoated paper is generally used for office reprographics (copy and printer paper), books, instruction manuals, inserts, business forms, flyers, maps, and brochures.  

Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburg, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; P. H. Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL.
3. Investigations instituted by USITC: January 21, 2015.
4. USITC hearing: January 7, 2016.
5. USITC vote: February 9, 2016.
6. USITC notification of Department of Commerce: February 22, 2016.

U.S. Industry:
1. Number of producers in 2014: Ten.
2. Location of producers’ plants: Alabama, Arkansas, Kentucky, Louisiana, Minnesota, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Washington, and Wisconsin.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: $4.5 billion
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 19.5 percent.

U.S. Imports:
1. From the subject countries during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: Indonesia, Brazil, Portugal, Canada, China, and Australia (in terms of total value).

 

[1] Withheld to avoid disclosure of business proprietary information.

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February 5, 2016
News Release 16-017
Inv. No(s). 731-TA-1058 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Conduct Full Five-Year (Sunset) Review Concerning Wooden Bedroom Furniture from China

The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year (“sunset”) review concerning the antidumping duty order on wooden bedroom furniture from China.

As a result of this vote, the Commission will conduct a full 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.

All six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full 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 "wooden bedroom furniture" 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 review.

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January 29, 2016
News Release 16-016
Inv. No(s). 731-TA-1306 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigation on Large Residential Washers from China

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 large residential washers from China 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 these products from China, with its preliminary antidumping duty determination due on or about May 24, 2016. 

The Commission’s public report Large Residential Washers from China (Investigation No. 731-TA-1306 (Preliminary), USITC Publication 4591, February 2016) will contain the views of the Commission and information developed during the investigation.

The report will be available after February 29, 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

Large Residential Washers from China
Investigation No. 731-TA-1306 (Preliminary)

Product Description: Large residential washers (LRWs) are automatic clothes washing machines, regardless of the orientation of the rotational axis (horizontal or vertical) of the laundry drum, with a cabinet width (measured from its widest point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm). Also included are certain parts of LRWs, namely cabinets, tubs, baskets, and combinations of such parts. In this instance, LRWs exclude the following products: (1) stacked washer-dryers that have a washing and drying machines built on a unitary frame and share a common control console; (2) commercial washers with electronics for payment; (3) certain low technology top loading or front loading washers that have a drive train using belts; and (4) extra-wide, front loading washers with a horizontal rotational axis and a cabinet width of more than 28.5 inches (72.39 cm). LRWs are used in residences for washing clothes.

Status of Proceedings:

1. Type of investigation:  Preliminary antidumping duty.
2. Petitioner: Whirlpool Corp., Benton Harbor, MI.
3. Preliminary investigation instituted by the USITC: December 16, 2015.
4. Commission’s conference: January 6, 2016.
5. USITC vote: January 29, 2016.
6. USITC determination to the U.S. Department of Commerce: February 1, 2016.
7. USITC views to the U.S. Department of Commerce: February 8, 2016.

U.S. Industry:
1. Number of producers in 2014: Four.[1]
2. Location of producers’ plants:  Kentucky, Ohio, and Wisconsin.
3. Employment of production and related workers in 2014: [2]
4. Apparent U.S. consumption in 2014: 2
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 2

U.S. Imports:
1. From the subject countries during 2014: 2
2. From other countries during 2014: 2
3. Leading sources during 2014: 2

 

[1] The most recent full year of data is 2014, and the period of investigation is 2012–September 2015.

[2] Withheld to avoid disclosure of business proprietary information.

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January 29, 2016
News Release 16-015
Inv. No(s). 337-TA-984
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Computing or Graphic Systems, Components Thereof, and Vehicles Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computing or graphic systems, components thereof, and vehicles containing same.  The products at issue in the investigation include semiconductor chips that provide graphics functionality found in certain vehicle computing systems, navigation systems with such semiconductor chips, and vehicles that contain certain types of computing or graphic systems.

The investigation is based on a complaint filed by Advanced Silicon Technologies LLC of Portsmouth, NH, on December 28, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computing or graphics systems, components thereof, and vehicles containing 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:

Bayerische Motoren Werke AG of Munich, Germany;
BMW of North America, LLC, of Woodcliff Lake, NJ;
BMW Manufacturing Co., LLC, of Greer, SC;
Fujitsu Ten Limited of Kobe-shi, Hyogo-ken, Japan;
Fujitsu Ten Corp. of America, Inc., of Novi, MI;
Harman International Industries Incorporated of Stamford, CT;
Harman Becker Automotive Systems, Inc., of Farmington Hills, MI;
Harman Becker Automotive Systems GmbH of Karlsbad, Germany;
Honda Motor Co., Ltd., of Tokyo, Japan;
Honda North America, Inc., of Torrance, CA;
American Honda Motor Co., Inc., of Torrance, CA;
Honda Engineering North America, Inc., of Marysville, OH;
Honda of America Mfg., Inc., of Marysville, OH;
Honda Manufacturing of Alabama, LLC, of Lincoln, AL;
Honda Manufacturing of Indiana, LLC, of Greensburg, IN;
Honda R&D Americas, Inc., of Torrance, CA;
NVIDIA Corporation of Santa Clara, CA;
Renesas Electronics Corporation of Tokyo, Japan;
Renesas Electronics America, Inc., of Santa Clara, CA;
Texas Instruments Incorporated of Dallas, TX;
Toyota Motor Corporation of Toyota-shi, Aichi-ken, Japan;
Toyota Motor North America, Inc., of New York, NY;
Toyota Motor Sales, U.S.A., Inc., of Torrance, CA;
Toyota Motor Engineering & Manufacturing North America, Inc., of Erlanger, KY;
Toyota Motor Manufacturing, Indiana, Inc., of Princeton, IN;
Toyota Motor Manufacturing, Kentucky, Inc., of Georgetown, KY;
Toyota Motor Manufacturing, Mississippi, Inc., of Blue Springs, MS;
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Volkswagen Group of America Chattanooga Operations, LLC, of Chattanooga, TN;
Audi AG of Inglostadt, Germany; and
Audi of America, LLC, of Herndon, VA.

By instituting this investigation (337-TA-984), 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.

# # #
January 20, 2016
News Release 16-014
Inv. No(s). 731-TA-125 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Potassium Permanganate from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on potassium permanganate 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. 

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 Potassium Permanganate from China (Inv. No. 731-TA-125 (Fourth Review), USITC Publication 4590, January 2016) will contain the views of the Commission and information developed during the review.

The report will be available by February 19, 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 Potassium Permanganate from China was instituted on September 1, 2015.

On December 7, 2015, the Commission voted to conduct an expedited review.  Vice Chairman Dean A. Pinkert 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.  Chairman Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

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

# # #
January 19, 2016
News Release 16-013
Inv. No(s). 332-556
Contact: Peg O'Laughlin, 202-205-1819
Scope Change: USITC Adds Five Additional Articles to Investigation Concerning Possible Modifications to the U.S. GSP for Additionals, Removals, and Competitive Need Limitation Waivers

The U.S. International Trade Commission (USITC) has revised the scope for a recently initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2015 Review (Investigation No. 332-556), was initiated on January 11, 2016, on the basis of a request by the U.S. Trade Representative (USTR).

The revision was requested by the U.S. Trade Representative in a letter received on January 12, 2016.  The letter asked the USITC to add to the investigation five additional statistical reporting numbers related to certain handbags and travel goods products that are being considered for addition to the list of GSP-eligible products.

The five HTS additional statistical reporting numbers are:

  • 4202.92.30.20;
  • 4202.92.30.31;
  • 4202.92.30.91;
  • 4202.92.90.26 and;
  • 4202.92.90.60.

As requested, the USITC will provide its advice as to the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and on U.S. consumers of the elimination of U.S. import duties on the five articles for all beneficiary developing countries under the GSP program, least-developed beneficiary developing countries (LDBDCs), beneficiary developing countries of the African Growth and Opportunity Act (AGOA), and both LDBDCs and AGOA beneficiary developing countries combined under the GSP program.

In addition, the USTR also requested that the USITC provide advice with respect to whether like or directly competitive products were being produced in the United States on January 1, 1995, for the additional five articles as well as all of the products being considered for addition to and removal from the list of GSP-eligible products listed in Tables A and B of the Annex to the December 30, 2015, request letter.

No dates have changed in the investigation. The USITC will submit its confidential report to USTR by April 28, 2016. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

A public hearing will be held on February 24, 2016, and requests to appear at the hearing must be received by 5:15 p.m. on February 1, 2016.  Written submissions must be received no later than 5:15 p.m. on February 29, 2016.

Further information on the revised scope of this investigation and appropriate submissions appears in the USITC’s notice of expansion of scope, dated January 19, 2015.  Information on the original investigation can be found in the USITC’s notice of investigation, dated January 12, 2016.  Both notices can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

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.

# # #
January 15, 2016
News Release 15-010
Contact: Peg O'Laughlin, 202-205-1819
Anderson Designated Director, Office of Investigations, at USITC

Meredith M. Broadbent, Chairman of the United States International Trade Commission (USITC), has announced that Michael Anderson has been designated Director, Office of Investigations, at the USITC.

Anderson will direct the planning and conduct of the USITC’s import injury investigations under the antidumping and countervailing duty provisions of the Tariff Act of 1930, the global safeguard provisions of the Trade Act of 1974, and other import injury statutes.

“We are excited that Michael will be leading the Office of Investigations,” said Chairman Broadbent.  “He has been an extremely strong leader for our agency’s economic studies and trade remedy investigations over the years, and his extensive trade remedy experience makes him the perfect person to lead the office going forward.

“Michael plans to continue using technological advances to make our investigative processes more efficient and effective,” she noted.  “He also looks forward to enhancing the availability of information about our trade remedy investigations to the public.  I am very confident that, under his leadership, the Office of Investigations will continue to provide the Commission with the very high-quality investigative reports in the trade remedy area that it always has.”

Anderson has served as the Acting Director of the USITC Office of Industries since March 2015.  In this role, he directed the work of the agency’s professional international trade analysts and supported the Commission in its role as an adviser to Congress and the President on international trade matters.

He was Chief of the Advanced Technology and Machinery Division in the Office of Industries from 2005 to 2015, where he directed general factfinding and probable economic effects investigations on international trade for products ranging from aircraft to environmental goods to information technology.  Prior to this position he served as the economic advisor to Commissioner Jennifer A. Hillman from 1998 to 2005, advising her on import injury investigations under the antidumping and countervailing duty provisions of the Tariff Act of 1930, analysis of free trade agreements and general factfinding investigations, and a variety Commission administrative and information technology initiatives.

Anderson served as an international economist in the USITC’s Applied Economics Division during 1991 to 1998, where he provided pricing and market competition analysis for import injury investigations. He has also worked in the Office of Economic Affairs at the U.S. Trade Representative, where he analyzed trade policy measures in support of U.S. trade negotiations and dispute settlement proceedings at the World Trade Organization.

Anderson holds a master’s degree in international business from George Washington University and a bachelor’s degree in economics from the University of Utah.

The U.S. International Trade Commission is an independent, nonpartisan, factfinding federal agency that makes determinations concerning the impact of imports and their potential injury on domestic companies.  The USITC staff includes experts who analyze virtually every commodity imported into the United States.  The USITC provides data on international trade to the President, Congress, other federal agencies, and the public.

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January 15, 2016
News Release 16-012
Inv. No(s). 337-TA-983
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same.  The products at issue in the investigation are light sources for semiconductor manufacturing equipment, and products that include those light sources. 

The investigation is based on a complaint filed by Energetiq Technology, Inc., of Woburn, MA, on December 15, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue an exclusion order and a cease and desist order.

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

ASML Netherlands B.V. of Veldhoven, Netherlands;
ASML US, Inc., of Chandler, AZ; and
Qioptiq Photonics GmbH and Co. KG of Göttingen, Germany.

By instituting this investigation (337-TA-983), 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.

# # #
January 15, 2016
News Release 16-011
Inv. No(s). 337-TA-982
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain RF Capable Integrated Circuits and Products Containing The Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain RF capable integrated circuits and products containing the same.  The products at issue in the investigation include RF receivers, RF transmitters, RF transceivers and products containing the same such as smartphones and tablets.

The investigation is based on a complaint filed by ParkerVision, Inc., of Jacksonville, FL, on December 15, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain RF capable integrated circuits 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:

Apple Inc. of Cupertino, CA;
LG Electronics, Inc., of the Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Samsung Electronics Co., Ltd., of the Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Semiconductor, Inc., of San Jose, CA; and
QUALCOMM Incorporated of San Diego, CA.

By instituting this investigation (337-TA-982), 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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