USITC
Certain Flash Memory Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory devices and components thereof. The products at issue in the investigation are SD cards and microSD cards for use in cameras and other electronic devices.
The investigation is based on a complaint filed by Memory Technologies, LLC, of Las Vegas, NV, on December 6, 2016, which was amended on December 12, 2016 and supplemented on December 27, 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 flash memory devices and components thereof that allegedly infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SanDisk LLC of Milpitas, CA;
Western Digital Corporation of Irvine, CA;
Western Digital Technologies, Inc., of Milpitas, CA;
SanDisk Limited of Yokohama, Japan;
SanDisk Storage Malaysia Sdn. Bhd. of Penang, Malaysia; and
SanDisk SemiConductor (Shanghai) Co., Ltd., of Shanghai, China.
By instituting this investigation (337-TA-1034), 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.
USITC Institutes Section 337 Investigation of Certain Arrowheads With Arcuate Blades and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain arrowheads with arcuate blades and components thereof. The products at issue in the investigation are arrowheads having arcuate blades for hunting.
The investigation is based on a complaint filed by Flying Arrow Archery, LLC, of Belgrade, MT, on December 2, 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 arrowheads with arcuate blades and components thereof that allegedly infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Dongguan hong Song hardware of DongGuanShi, Guangdong, China;
liu mengbao of Shenzhen, Guangdong, China;
Jianfeng Mao of WuXiShi, Jiangsu, China;
Sandum Precision Industry (China) Co., Ltd. (In-Sail), of Shenzhen, Guangdong, China;
Arthur Sifuentes of Spring, TX;
Wanyuxue of Shenzhen, Guangdong, China;
Wei Ran of GuangZhouShi, Guangdong, China;
YanDong of ZhengZhou, Henan, China; and
Zhou Yang, of Shenzhen, Guangdong, China.
By instituting this investigation (337-TA-1033), 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.
USITC Votes to Continue Investigations on Hardwood Plywood 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 hardwood plywood from China that are allegedly subsidized and sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its antidumping and countervailing duty investigations on imports of this product from China, with its countervailing duty determination due on or about February 13, 2017, and its preliminary antidumping duty determination due on or about April 27, 2017.
The Commission’s public report Hardwood Plywood from China, Inv. Nos. 701-TA-565 and 731-TA-1341 (Preliminary), USITC Publication 4661, January 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after January 31, 2017. 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
Washington, DC 20436
FACTUAL HIGHLIGHTS
Hardwood Plywood from China
Investigation Nos. 701-TA-565 and 731-TA-1341 (Preliminary)
Product Description: Hardwood plywood is a generally flat, multilayered plywood or other veneered panel, consisting of two or more layers or plies of wood veneers and a core, with the face and/or back veneer made of non-coniferous wood (hardwood) or bamboo, whether or not the face and/or back veneers are surface coated or otherwise covered or processed such that the grains, textures, or markings of the wood are obscured. Hardwood plywood specifically does not include certain structural plywood, products which have a face and back veneer of cork, multilayered wood flooring, plywood which has a shape or design other than a flat panel, and products made entirely from bamboo and adhesives. Hardwood plywood is generally used in the manufacturing of furniture, cabinetry, wall paneling, and similar products.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Columbia Forest Products, Greensboro, NC; Commonwealth Plywood Inc., Whitehall, NY; Murphy Plywood Co., Eugene, OR; Roseburg Forest Products Co., Roseburg, OR; States Industries Inc., Eugene, OR; and Timber Products Company, Springfield, OR.
3. Preliminary investigations instituted by the USITC: November 18, 2016.
4. Commission’s conference: December 9, 2016.
5. USITC vote: December 30, 2016.
6. USITC determinations to the U.S. Department of Commerce: January 3, 2017.
7. USITC views to the U.S. Department of Commerce: January 10, 2017.
U.S. Industry:
1. Number of producers in 2015: Nine.
2. Location of producers’ plants: Arkansas, Indiana, Mississippi, New York, North Carolina, Oregon, South Carolina, Virginia, Washington, and West Virginia.
3. Employment of production and related workers in 2015: 2,391.
4. Apparent U.S. consumption in 2015: $2.0 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 56.5 percent.
U.S. Imports:
1. From the subject country during 2015: $660.1 million.
2. From other countries during 2015: $465.7 million.
3. Leading sources during 2015: China, Indonesia, Russia, Canada, and Malaysia.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on coated paper suitable for high-quality print graphics using sheet-fed presses from China 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 antidumping and countervailing duty orders on imports of these products from China 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 Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, Inv. Nos. 701-TA-470-471 and 731-TA-1169-1170 (Review), USITC Publication 4656, December 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by January 10, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia were instituted on October 1, 2015.
On January 4, 2016, the Commission voted to conduct full reviews. With respect to Indonesia, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to China, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted full reviews.
A record of the Commission’s vote to conduct full 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.
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania.
As a result of the votes, the Commission will conduct full reviews to determine whether revocation of the 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 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.
With respect to Romania, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to Japan, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
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 “carbon and alloy seamless standard, line, and pressure pipe” 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.
USITC Will Expedite Five-Year (Sunset) Reviews Concerning Sulfanilic Acid from China and India
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the countervailing duty order on sulfanilic acid from India and the antidumping duty orders on this product from China and India.
As a result of the votes, the Commission will conduct expedited reviews to determine whether revocation of the 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 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 generally 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.
With respect to India, 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. With respect to China, all six Commissioners concluded that both the domestic and the respondent group responses were adequate, but that circumstances warranted an expedited review.
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 "sulfanilic acid" 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.
USITC Institutes Section 337 Investigation of Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use with Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain single-molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same. The products at issue in the investigation are devices and accessories for DNA sequencing.
The investigation is based on a complaint filed by Pacific Biosciences of California, Inc., of Menlo Park, CA, on October 31, 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 single-molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same that allegedly infringe a patent 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:
Oxford Nanopore Technologies Ltd. of Oxford Science Park, Oxford, United Kingdom;
Oxford Nanopore Technologies, Inc., of Cambridge, MA; and
Metrichor, Ltd., of Oxford Science Park, Oxford, United Kingdom.
By instituting this investigation (337-TA-1032), 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Iron Construction Castings from Brazil, Canada, and China
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on iron construction castings from Brazil and the existing antidumping duty orders on iron construction castings from Brazil, Canada, and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping and countervailing duty orders on imports of these products from Brazil, Canada, and China will remain in place.
All six Commissioners voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Iron Construction Castings from Brazil, Canada, and China (Inv. Nos. 701-TA-249 and 731-TA-262, 263, and 265 (Fourth Review), USITC Publication 4655, December 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by January 5, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Iron Construction Castings from Brazil, Canada, and China were instituted on October 1, 2015.
On January 4, 2016, the Commission voted to conduct full reviews. With respect to Brazil, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to Canada and China, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
A record of the Commission’s vote to conduct full 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.
USITC Institutes Section 337 Investigation of Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain UV curable coatings for optical fibers, coated optical fibers, and products containing same. The products at issue in the investigation are coated optical fibers with improved mechanical properties, allowing for reliable, efficient, long distance transmission of electronic information signals. The coated optical fibers are sold, for example, as cables that are used to connect homes and businesses for the distribution of electronic information signals.
The investigation is based on a complaint filed by DSM Desotech, Inc., of Elgin, IL, and DSM IP Assets B.V. of Heerlen, Netherlands, on October 31, 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 UV curable coatings for optical fibers, coated optical fibers, and products containing same that allegedly infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Momentive UV Coatings (Shanghai) Co., of Pudong, Shanghai, China; and
OFS Fitel, LLC, of Norcross, GA.
By instituting this investigation (337-TA-1031), 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Heavy Forged Hand Tools from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on heavy forged hand tools from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping duty orders on imports of these products from China will remain in place.
All six Commissioners voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Heavy Forged Hand Tools from China (Inv. Nos. 731-TA-457-A-D (Fourth Review), USITC Publication 4654, December 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by January 5, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Heavy Forged Hand Tools from China were instituted on July 1, 2016.
On October 4, 2016, the Commission voted to conduct expedited reviews. Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Vice Chairman David S. Johanson concluded that the domestic group response was adequate and the respondent group responses were inadequate but that circumstances warranted full 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.