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News Release 15-032
Contact: Peg O'Laughlin, 202-205-1819
Meredith M. Broadbent, Chairman of the United States International Trade Commission (USITC), announced today that Catherine B. DeFilippo has been named Director of Operations at the USITC.
DeFilippo will oversee the investigative and research activities of the agency’s Offices of Investigations, Unfair Import Investigations, Industries, Economics, Tariff Affairs and Trade Agreements, and Analysis and Research Services.
“Cathy DeFilippo brings years of outstanding experience and sound judgment to her new role as Director of Operations,” said Chairman Broadbent. “She knows the agency extremely well and has developed strong relationships with our stakeholders and staff. The Commission looks forward to benefiting from her unique strengths of personality, dedication, common sense, and collegiality.”
DeFilippo has served as Director of the USITC’s Office of Investigations since September 2009. In that role, she oversaw 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. She served as the Chief of the Applied Economics Division in the Commission’s Office of Economics from 2001 to 2009, leading that office’s work in assessing pricing and the conditions of competition in the U.S. markets for products involved in the Commission’s import injury investigations.
From 2000-2001, DeFilippo served as a senior economist in the office of Commissioner Deanna Tanner Okun. Prior to that, she worked in the USITC’s Office of Economics from 1986 to 2000, first as an economist, then as an international economist in the Investigation Support Division, and finally as a senior international economist in the Applied Economics Division.
DeFilippo holds a master of business administration degree with an emphasis on international business and economics from the University of Maryland and a bachelor of arts degree in economics from Boston College. She resides in Potomac, Maryland, with her husband and two children.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent and trademark infringement.
News Release 15-031
Inv. No(s). 701-TA-530 (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 supercalendered paper from Canada that are allegedly subsidized by the government of Canada.
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 investigation.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Canada, with its preliminary countervailing duty determination due on or about May 22, 2015.
The Commission’s public report Supercalendered Paper from Canada (Investigation No. 701-TA-530 (Preliminary), USITC Publication 4529, April 2015) will contain the views of the Commission and information developed during the investigation.
The report will be available after May 11, 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
Supercalendered Paper from Canada
Investigation No. 701-TA-530 (Preliminary)
Product Description: Supercalendered paper is an uncoated printing paper made from mechanical pulp, chemical pulp, fillers, and additives. The finish (surface) of supercalendered paper is produced by the movement of the paper web through a supercalender, a vertical stack of alternating steel rolls and cotton rolls. The rolls apply heat and pressure to the paper, imparting a gloss to the surface and increasing its smoothness and density. Supercalendered paper is used to make a variety of printed materials which require high quality color printing and photographic images, such as magazines, retail inserts, flyers, directories, catalogs, direct mail inserts, corporate brochures, and coupons.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty.
2. Petitioners: Coalition for Fair Paper Imports, an ad hoc association of U.S. producers that includes Madison Paper Industries, Inc. and Verso Corp.
3. Commission’s conference: March 19, 2015.
4. USITC vote: April 10, 2015.
5. USITC determination: April 14, 2015.
6. USITC views: April 21, 2015.
U.S. Industry:
1. Number of producers in 2014: Three.
2. Location of producers’ plants: Maine, Minnesota, and South Carolina.
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: Canada, Finland, Norway, Sweden, Germany, and Belgium (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 15-030
Inv. No(s). 337-TA-954
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain variable valve actuation devices and automobiles containing the same. The products at issue in the investigation include certain types of valves that open and close with variable timing that are typically found in combustion automobile engines and vehicles with such engines.
The investigation is based on a complaint filed by Jacobs Vehicle Systems Inc. of Bloomfield, CT, on March 10, 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 variable valve actuation devices and automobiles 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 the following as respondents in this investigation:
FCA US LLC of Auburn Hills, MI;
FCA México, S.A. de C.V. of Santa Fe, México;
Sata-Società Automobilistica Tecnologie Avanzate S.p.A. of Melfi Potenza Italy;
Fiat Automobili Srbija Doo of Kragujevac, Serbia; and
Fiat Chrysler Automobiles N.V. of Slough, United Kingdom.
By instituting this investigation (337-TA-954), 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 15-029
Inv. No(s). 731-TA-1269 (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 silicomanganese from Australia that are allegedly sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Australia, with its preliminary antidumping duty determination due on or about July 29, 2015.
The Commission’s public report Silicomanganese from Australia (Investigation No. 731-TA-1269 (Preliminary), USITC Publication 4528, April 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after May 4, 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
Silicomanganese from Australia
Investigation No. 731-TA-1269 (Preliminary)
Product Description: The scope of this investigation covers all forms, sizes and compositions of silicomanganese, except low‐carbon silicomanganese, including silicomanganese briquettes, fines, and slag. Silicomanganese is a ferroalloy composed principally of manganese, silicon, and iron, and normally contains much smaller proportions of minor elements, such as carbon, phosphorus, and sulfur. Silicomanganese is sometimes referred to as ferrosilicon manganese.
The low‐carbon silicomanganese excluded from this investigation is a ferroalloy with the following chemical specifications by weight: minimum 55 percent manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 0.10 percent phosphorus, maximum 0.10 percent carbon, and maximum 0.05 percent sulfur. Low‐carbon silicomanganese is sometimes referred to as ferromanganese‐silicon.
Status of Proceeding:
1. Type of investigation: Preliminary antidumping.
2. Petitioner: Felman Production LLC, Letart, West Virginia.
3. Preliminary investigation instituted by the USITC: February 19, 2015.
4. Commission’s conference: March 12, 2015.
5. USITC vote: April 3, 2015.
6. USITC determinations to the U.S. Department of Commerce: April 6, 2015.
7. USITC views to the U.S. Department of Commerce: April 13, 2015.
U.S. Industry:
1. Number of producers in 2014: Two.
2. Location of producers’ plants: Ohio and West Virginia.
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: $78.6 million.
2. From other countries during 2014: $368.8 million.
3. Leading sources during 2014: Georgia, South Africa and Australia (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 15-028
Inv. No(s). 701-TA-432 and 731-TA-1024-1028 (Second Review) and AA1921-188 (Fourth 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 prestressed concrete steel wire strand from Brazil, India, Japan, Korea, Mexico, and Thailand 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 Brazil, India, Japan, Korea, Mexico, and Thailand 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 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand (Inv. Nos. 701-TA-432 and 731-TA-1024-1028 (Second Review) and AA1921-188 (Fourth Review), USITC Publication 4527, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after May 1, 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 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand were instituted on November 3, 2014.
On February 6, 2015, the Commission voted to conduct an expedited review. 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.
News Release 15-027
Inv. No(s). 337-TA-953
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless standard compliant electronic devices, including communication devices and tablet computers. The products at issue in the investigation are certain wireless standard compliant devices including communication devices and tablet computers, including certain Apple iPhones, iPads, and other cellular-enabled products that use the 2G GSM and 4G LTE telecommunications standards.
The investigation is based on a complaint filed by Ericsson Inc., of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on February 26, 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 wireless standard compliant electronic devices, including communication devices and tablet computers 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 Apple, Inc., a/k/a Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-953), 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 15-026
Inv. No(s). 337-TA-952
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras. The products at issue in the investigation include smartphones, tablet computers, digital media players, and smartwatches.
The investigation is based on a complaint filed by Ericsson Inc., of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on February 26, 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 electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras 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 Apple, Inc., a/k/a Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-952), 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 15-025
Inv. No(s). 337-TA-951
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same. The products at issue in the investigation are lithium transition metal oxide cathode materials used in certain lithium-ion batteries. Also at issue in the investigation are lithium-ion batteries for power tools containing lithium transition metal oxide cathode materials and power tools with lithium-ion batteries containing lithium transition metal oxide cathode materials.
The investigation is based on a complaint filed by BASF Corporation of Florham Park, NJ, and UChicago Argonne LLC, of Lemont, IL, on February 20, 2015. The complaint was supplemented on March 13, 2015. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Umicore N.V. of Brussels, Belgium;
Umicore USA Inc. of Raleigh, NC;
Makita Corporation of Aichi, Japan;
Makita Corporation of America of Buford, GA; and
Makita U.S.A. Inc. of La Mirada, CA.
By instituting this investigation (337-TA-951), 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 15-024
Inv. No(s). 701-TA-459 and 731-TA-1155 (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 commodity matchbooks from India 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 India 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 Commodity Matchbooks from India (Inv. No. 701-TA-459 and 731-TA-1155 (Review), USITC Publication 4525, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 23, 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 Commodity Matchbooks from India were instituted on November 3, 2014.
On February 6, 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 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 15-023
Inv. No(s). 704-TA-1 and 734-TA-1
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.
Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.
As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect.
All six Commissioners voted in the affirmative.
The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI. These are the first reviews that the Commission has conducted under sections 704(h) and 734(h). Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.
Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations. Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests.
If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective. If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.
The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.