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News Release 15-075
Inv. No(s). 337-TA-963
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain activity tracking devices, systems, and components thereof. The products at issue in the investigation are personal devices worn by individuals that electronically record physiological data and activity such as walking or running.
The investigation is based on a complaint filed by AliphCom d/b/a Jawbone of San Francisco, CA, and Bodymedia, Inc., of Pittsburgh, PA, on July 7, 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 activity tracking devices, systems, and components thereof that infringe patents asserted by the complainants, and that use or were made using misappropriated trade secrets. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Fitbit, Inc., of San Francisco, CA;
Flextronics International Ltd. of San Jose, CA; and
Flextronics Sales & Marketing (A-P) Ltd. of Port Louis, Mauritius.
By instituting this investigation (337-TA-963), 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 15-074
Inv. No(s). 731-TA-1070A (Second 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 crepe paper 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 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 Crepe Paper from China (Inv. No. 731-TA-1070A (Second Review), USITC Publication 4560, August 2015) will contain the views of the Commission and information developed during the review.
The report will be available after September 21, 2015. After that date, 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 Crepe Paper from China was instituted on April 1, 2015.
On July 6, 2015, the Commission voted to conduct an expedited review. Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, 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 and Commissioner F. Scott Kieff 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.
News Release 15-072
Inv. No(s). 731-TA-1092 (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 diamond sawblades and parts thereof 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 order on imports of this product from China will remain in place.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Commissioner F. Scott Kieff 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 Diamond Sawblades and Parts Thereof from China (Inv. No. 731-TA-1092 (Review), USITC Publication 4559, September 2015) will contain the views of the Commission and information developed during the review.
The report will be available by September 23, 2015; 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 Diamond Sawblades from China was instituted on November 4, 2014.
Further information on the background of this review may be found in the Commission’s notice of institution at: http://www.usitc.gov/secretary/fed_reg_notices/sunset/731_1092_notice10292014sgl.pdf
News Release 15-071
Inv. No(s). 731-TA-1279 (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 hydrofluorocarbon blends and components 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 December 2, 2015.
The Commission’s public report Hydrofluorocarbon Blends and Components from China (Investigation No. 731-TA-1279 (Preliminary), USITC Publication 4558, August 2015) will contain the views of the Commission and information developed during the investigation.
The report will be available after September 8, 2015. 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
Hydrofluorocarbon Blends and Components from China
Investigation No. 731-TA-1279 (Preliminary)
Product Description: Hydrofluorocarbon blends and their hydrofluorocarbon components, whether or not the components are imported for blending, are organic chemical compounds containing only hydrogen, fluorine, and carbon. HFC blends R-404a, R-407a, R-407c, R-410a, and R-507a are composed of two or three of the following HFC components: R-32, R-125, R-134a, and R-143a. Although it is a component in multiple blends, HFC component R-134a is specifically excluded from this investigation. The three component HFCs subject to this investigation are used primarily as inputs for the subject HFC blends but also have limited applications as fire suppressants (R‐125) and propellants (R‐143a). R‐32 was approved in February 2015 for self‐contained air conditioning systems in the U.S. market. The blends are used primarily for low- and medium-temperature refrigeration and air conditioning. The most common applications are residential air conditioning and heat pumps, commercial air conditioning, commercial refrigeration (e.g., walk-in coolers and supermarket display cases), transportation refrigeration, and process refrigeration (e.g., food processing and chemical manufacturing). As they were developed to replace a single refrigerant, R-22, in these low‐ and medium‐temperature conditions, the subject blends have considerable overlap in their applications.
Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioners: The American HFC Coalition and its members: Amtrol, Inc., West Warwick, RI; Arkema, Inc., King of Prussia, PA; The Chemours Company FC LLC, Wilmington, DE; Honeywell International Inc, Morristown, NJ; Hudson Technologies, Pearl River, NY; Mexichem Fluor Inc., St. Gabriel, LA; Worthington Industries, Inc., Columbus, OH; and District Lodge 154 of the International Association of Machinists and Aerospace Workers.
3. Preliminary investigation instituted by the USITC: June 25, 2015.
4. Commission’s conference: July 16, 2015.
5. USITC vote: August 7, 2015.
6. USITC determination to the U.S. Department of Commerce: August 10, 2015.
7. USITC views to the U.S. Department of Commerce: August 17, 2015.
U.S. Industry:
1. Number of producers in 2014: Four.
2. Location of producers’ plants: Illinois, Kentucky, Louisiana, New Jersey, and Texas.
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: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: 1
[1] Withheld to avoid disclosure of business proprietary information.
News Release 15-070
Inv. No(s). 701-TA-464 and 731-TA-1160 (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”) reviews concerning the countervailing duty order and the antidumping duty order on prestressed concrete steel wire strand from China (Inv. Nos. 701-TA-464 and 731-TA-1160 (Review)).
As a result of these votes, the Commission will conduct expedited reviews to determine whether revocation of these 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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 these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews.
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 "prestressed concrete steel wire strand" 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 these reviews. The Commission will issue a report after it completes its reviews.
News Release 15-069
Inv. No(s). 731-TA-1047 (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 ironing tables and certain parts thereof from China (Inv. No. 731-TA-1047 (Second Review)).
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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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 "ironing tables" 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 15-068
Inv. No(s). 731-TA-770-773 and 775 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on stainless steel wire rod from Italy, Japan, Korea, Spain, and Taiwan (Inv. Nos. 731-TA-770-773 and 775 (Third Review)).
As a result of these votes, the Commission will conduct full reviews to determine whether revocation of these 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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 the domestic group response for these reviews was adequate, the respondent group responses from Italy, Korea, and Spain were adequate, and the respondent group responses from Japan and Taiwan were inadequate. The Commission determined to conduct full reviews of the orders on imports from Italy, Korea, and Spain based on an adequate level of respondent participation, and to conduct full reviews on imports from Japan and Taiwan in order to promote administrative efficiency.
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 "stainless steel wire rod" 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.
News Release 15-067
Inv. No(s). 731-TA-149 (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 barium chloride from China (Inv. No. 731-TA-149 (Fourth Review)).
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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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 "barium chloride" 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 15-066
Inv. No(s). 332-555
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has initiated an investigation of the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.
The investigation, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2016 Report, is required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.
As required by the statute, the USITC, an independent, nonpartisan, factfinding federal agency, will submit its report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance by June 29, 2016. The report is the first of two required by the statute; the Commission will submit a second report in five years.
The Commission’s report will cover the Uruguay Round Agreements, the North American Free Trade Agreement (NAFTA -- Canada, Mexico), and U.S. free trade agreements (FTAs) with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.
The USITC seeks input for this report from all interested parties. The USITC will hold a public hearing in connection with the investigation on November 17, 2015. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 2, 2015, with the Secretary, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436. For further information, call 202-205-2000.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on February 5, 2016. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions is available in the USITC's notice of investigation, dated August 4, 2015, which 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.
News Release 15-065
Inv. No(s). 731-TA-776-779 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia 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 orders on imports of this product from Chile, China, India, and Indonesia 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 Preserved Mushrooms from Chile, China, India, and Indonesia (Inv. Nos. 731-TA-776-779 (Third Review), USITC Publication 4557, August 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after September 4, 2015. After that date, 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 Preserved Mushrooms from Chile, China, India, and Indonesia were instituted on March 2, 2015.
On June 5, 2015, 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 responses were 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.