USITC

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain active matrix organic light-emitting diode display panels and modules for mobile devices, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Samsung Display Co., Ltd. of Gyeonggi-do, Republic of Korea on December 28, 2022, and supplemented on January 17, 2023.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain active matrix organic light-emitting diode display panels and modules for mobile devices, 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, limited exclusion orders) and cease and desist orders.  

The USITC has identified the following respondents in this investigation:

• Apt-Ability, LLC d/b/a MobileSentrix of Chantilly, VA; 
• Mobile Defenders, LLC of Caledonia, MI; 
• Injured Gadgets, LLC of Norcross, GA; 
• Group Vertical, LLC of Grand Rapids, MI; 
• Electronics Universe, Inc. d/b/a Fixez.com of Las Vegas, NV; 
• Electronics Universe, Inc. d/b/a Repairs Universe, LLC of Las Vegas, NV; 
• LCTech International Inc. d/b/a SEGMobile.com of City of Industry, CA; 
• Sourcely Plus LLC of Tempe, AZ; 
• eTech Parts Plus, LLC of Southlake, TX; 
• Parts4Cells, Inc. of Houston, TX; 
• Wholesale Gadget Parts, Inc. of Bixby, OK; 
• Captain Mobile Parts Inc.of Dallas, TX; 
• DFW Imports LLC d/b/a DFW Cellphone and Parts of Dallas, TX; 
• Phone LCD Parts LLC of Wayne, NJ; 
• Parts4LCDof Wayne of NJ; 
• Mengtor Inc. of El Monte, CA; and
• Gadgetfix Corp. of Irvine, CA.

By instituting this investigation (337-TA-1351), 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.
 

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain integrated circuits, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Realtek Semiconductor Corporation of Hsinchu, Taiwan on December 12, 2022, amended on December 23, 2022, and supplemented on January 17, 2023.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits, 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 a cease and desist order. 

The USITC has identified Advanced Micro Devices, Inc. of Santa Clara, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1350), 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.
 

The U.S. International Trade Commission (USITC) voted to institute an investigation of components for certain environmentally-protected LCD digital displays and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Samsung Electronics Co., Ltd. of Gyeonggi-do, South Korea, Samsung Electronics America, Inc. of Ridgefield Park, NJ, Samsung Research America, Inc. of Mountain View, CA, and Samsung International, Inc. of Chula Vista, CA on December 5, 2022, as supplemented on December 19, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of components for certain environmentally-protected LCD digital displays and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified Manufacturing Resources International, Inc. of Alpharetta, GA as the respondent in this investigation.

By instituting this investigation (337-TA-1349), 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.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain cabinet x-ray and optical camera systems and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by KUB Technologies, Inc. of Stratford, CT on November 25, 2022, as supplemented on December 9, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cabinet x-ray and optical camera systems and components thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified following respondents in this investigation:

CompAI Healthcare (Shenzhen) Co., Ltd. of Shenzhen, Guangdong, China;

CompAI Healthcare (Suzhou) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai Medical Technology (Changchun) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai (Beijing) Medical Equipment Co., Ltd. of Suzhou, Jiangsu, China; and

Dilon Technologies, Inc. of Newport News, VA.

By instituting this investigation (337-TA-1348), 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.

• Haiti experienced a surge in foreign direct investment (FDI) following the implementation of the Haitian Hemispheric Opportunity through Partnership Encouragement Act (HOPE I) in 2006, HOPE II in 2008, and the Haiti Economic Lift Program Act (HELP) in 2010. Haiti’s FDI stock grew rapidly during this time, about 17 percent per year, from $300 million in 2006 to $1.74 billion in 2017. However, political instability, insecurity due to increased gang activity, and disruptions due to the COVID-19 pandemic have all contributed to an investment slowdown.
• U.S. imports from Haiti generally increased after the implementation of each U.S. preference program from 1980 to 2021. U.S. apparel imports from Haiti quadrupled after the Caribbean Basin Trade Partnership Act (CBTPA) and HOPE I/HOPE II/HELP programs went into effect, increasing from $231 million in 2001 to $994 million in 2021, with T-shirts accounting for a large proportion of the increase. In 2021, 23.6 percent of total imports ($260.4 million) entered the United States under the CBTPA program and 67.9 percent ($751.3 million) under the HOPE I/HOPE II/HELP program.
• Apparel employment fell sharply in the 1990s as a result of the trade embargo imposed in 1991. Apparel employment partially recovered after implementation of the HOPE I/HOPE II/HELP Acts. As of 2021, the garment industry is once again one of the largest sources of formal employment, providing 53,000–57,000 jobs and supporting more than 450,000 people in the country.
• An analysis of Better Work Haiti compliance assessments since 2009 shows low levels of noncompliance with International Labour Organization core labor standards (forced labor, child labor, freedom of association, collective bargaining, and gender discrimination) but generally high levels of noncompliance with respect to compensation and safety-related metrics. Union representatives and NGOs have indicated that labor issues persist.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain location-sharing systems, related software, components thereof, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Advanced Ground Information Systems, Inc. of Jupiter, FL and AGIS Software Development LLC of Marshall, TX on November 16, 2022, as supplemented on December 13, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain location-sharing systems, related software, components thereof, and products containing same 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 following respondents in this investigation:

Google LLC of Mountain View, CA;
Samsung Electronics, Co., Ltd. of Suwon, South Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China;
TCL Technology Group Corporation of Guangdong, China;
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong;
TCL Communication Technology Holdings Limited of Hong Kong Science Park, Shatin, New Territories,    Hong Kong;
TCT Mobile (US) Inc. of Irvine, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HMD Global of Espoo, Finland;
HMD Global OY of Espoo, Finland;
HMD America, Inc. of Miami, FL;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc. of Tokyo, Japan;
ASUSTek Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
BLU Products of Doral, FL;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Kyocera Corporation of Kyoto, Japan;
Xiaomi Corporation of Grand Cayman, Cayman Islands;
Xiaomi H.K. Ltd. of Kowloon City, Hong Kong;
Xiaomi Communications Co., Ltd. of Beijing, China; and
Xiaomi Inc. of Beijing, China.

By instituting this investigation (337-TA-1347), 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.

1. Type of investigation:  Final antidumping duty investigation.
2. Petitioner:  Giorgio Foods, Inc., Blandon, Pennsylvania
3. USITC Institution Date:  Thursday, March 31, 2022.
4. USITC Hearing Date:  Thursday, November 17, 2022.
5. USITC Vote Date:  Monday, December 19, 2022.
6. USITC Notification to Commerce Date:  Thursday, January 12, 2023.

1. Number of U.S. producers:  1.
2. Location of producer’s plants: Blandon, Pennsylvania
3. Production and related workers:   
4. U.S. producers’ U.S. shipments:  ¹
5. Apparent U.S. consumption:  ¹
6. Ratio of subject imports to apparent U.S. consumption:  ¹

1. Subject imports:  $65 million.
2. Nonsubject imports:  $15 million.
3. Leading import sources:  Netherlands, Poland, France, and Spain.

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 Stainless Steel Wire Rod from India (Fifth Review) was instituted on May 2, 2022.

On August 5, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate. Chairman Johanson voted for a full review. Commissioners Schmidtlein, Kearns, Stayin, and Karpel 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.

1. Type of investigation:  Final antidumping duty investigations.
2. Petitioner:  Lion Elastomers LLC, Port Neches, Texas.
3. USITC Institution Date:  Monday, November 15, 2021.
4. USITC Hearing Date:  Tuesday, November 08, 2022.
5. USITC Vote Date:  Thursday, December 08, 2022.
6. USITC Notification to Commerce Date:  Tuesday, December 27, 2022.

1. Number of U.S. producers:  2.
2. Location of producers’ plants:  Texas.
3. Production and related workers:   ¹
4. U.S. producers’ U.S. shipments:  ¹
5. Apparent U.S. consumption:  ¹
6. Ratio of subject imports to apparent U.S. consumption:  ¹

1. Subject imports:  $41.7 million.
2. Nonsubject imports:  $29.6 million.
3. Leading import sources:  Mexico, Russia, Czechia, Germany, and Taiwan (by volume).

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain marine air conditioning systems, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Dometic Corporation of Rosemont, IL and Dometic Sweden AB of Solna, Sweden on November 7, 2022, as supplemented on November 10, November 22, and November 28, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain marine air conditioning systems, components thereof, and products containing the same 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 following respondents in this investigation:

Shanghai Hopewell Industrial Co. Ltd. of Shanghai, China;
Shanghai Hehe Industrial Co. Ltd. of Shanghai, China;
CitiMarine, L.L.C. of Doral, FL; and
Mabru Power Systems, Inc. of Dania Beach, FL.

By instituting this investigation (337-TA-1346), 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.