USITC
USITC Institutes Section 337 Investigation of Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain high-potency sweeteners, processes for making same, and products containing same. The products at issue in the investigation are sweeteners for human consumption, such as acesulfame potassium sweeteners.
The investigation is based on a complaint filed by Celanese International Corporation and Celanese Sales U.S. Ltd. of Irving, TX, and Celanese IP Hungary Bt of Budapest, Hungary, on October 26, 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 high-potency sweeteners, processes for making same, and products containing same that allegedly infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Suzhou Hope Technology Co., Ltd., of Suzhou City, Jiangsu Province, China;
Anhui Jinhe Industrial Co., Ltd., of Anhui, China; and
Vitasweet Co., Ltd., of Beijing, China.
By instituting this investigation (337-TA-1030), 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.
Iron Mechanical Transfer Drive Components from Canada and China Do Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that an industry in the United States is neither materially injured nor threatened with material injury by reason of imports of iron mechanical transfer drive components from Canada and China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.
All six Commissioners voted in the negative.
As a result of the USITC’s negative determinations, no antidumping or countervailing duty orders will be issued.
The Commission’s public report Iron Mechanical Transfer Drive Components from Canada and China (Investigation Nos. 701-TA-550 and 731-TA-1304-1305 (Final), USITC Publication 4652, December 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 2, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Iron Mechanical Transfer Drive Components from China and Canada
Investigation Nos. 701-TA-550 and 731-TA-1304-1305 (Final)
Product Description: Iron mechanical transfer drive components are wheels or cylinders with a center bore hole that may have one or more grooves or teeth in their outer circumference that guide or mesh with a flat or ribbed belt or like device and are often referred to as sheaves, pulleys, flywheels, flat pulleys, idlers, conveyer pulleys, synchronous sheaves, and timing pulleys. The products also include bushings, which are iron mechanical transfer drive components in the form of a cylinder and which fit into the bore holes of other mechanical transfer drive components to lock them into drive shafts by means of elements such as teeth, bolts, or screws. Products include both unfinished and finished components. Unfinished iron mechanical transfer drive components (i.e., blanks or castings) possess the approximate shape of the finished iron mechanical transfer drive component and have not yet been machined to final specification after the initial casting, forging or like operations. These machining processes may include cutting, punching, notching, boring, threading, mitering, or chamfering.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: TB Wood’s Incorporated, Chambersburg, Pennsylvania.
3. Investigation instituted by USITC: October 28, 2015.
4. USITC hearing: October 18, 2016.
5. USITC vote: November 18, 2016.
6. USITC notification of Department of Commerce: December 12, 2016.
U.S. Industry:
1. Number of U.S. producers in 2015: 10 integrated producers and finishers.
2. Location of producers’ plants: Columbus, Georgia; Bremen, Indiana; Columbus, Indiana; La Porte, Indiana; Stacy, Minnesota; Holly Springs, Missouri; Weaverville, North Carolina; Chambersburg, Pennsylvania; Abilene, Texas; Alice, Texas; Dallas, Texas; Ft. Worth, Texas; and San Antonio, Texas.
3. Employment of production and related workers in 2015: [1]
4. U.S. producers’ U.S. shipments in 2015: 1
5. Apparent U.S. consumption in 2015: 1
6. Ratio of subject imports to apparent U.S. consumption in 2015: 1
U.S. Imports in 2015:
1. From the subject countries during 2015: $37.8 million.
2. From other countries during 2015: $44.7 million (both large and small diameters).
3. Leading sources during 2015: China, Canada, Mexico (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
USITC Announces Determinations Concerning Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, the United Arab Emirates, and Vietnam
The United States International Trade Commission (USITC) today announced its determinations in its antidumping and countervailing duty investigations concerning imports of circular welded carbon-quality steel pipe from Oman, Pakistan, the United Arab Emirates, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of Pakistan.
The Commission determined that an industry in the United States is materially injured by reason of imports of this product from Oman, Pakistan, and the United Arab Emirates that are sold in the United States at less than fair value. The Commission further found that imports from Vietnam that are sold in the United States at less than fair value and that are subsidized by the government of Pakistan are negligible.
All six Commissioners voted in the affirmative with respect to imports from Oman and the United Arab Emirates. All six Commissioners made findings of negligibility with respect to imports from Vietnam and with respect to subsidized imports from Pakistan. Chairman Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioner Rhonda K. Schmidtlein voted in the affirmative with respect to imports from Pakistan that are sold in the United States at less than fair value; Commissioners Dean A. Pinkert, Meredith M. Broadbent, and F. Scott Kieff voted in the negative with respect to these imports.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of these products from Oman, Pakistan, and the United Arab Emirates. As a result of the Commission’s findings of negligibility, no duties will be issued on imports of these products from Vietnam, and no countervailing duties will be issued on imports of these products from Pakistan.
The Commission’s public report Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, the United Arab Emirates, and Vietnam (Investigation Nos. 701-TA-549 and 731-TA-1299-1300 and 1302-1303 (Final), USITC Publication 4651, December 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available by December 27, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, The United Arab Emirates and Vietnam
Investigation Nos. 701-TA-549 and 731-TA-1299, 1300, 1302, and 1303 (Final)
Product Description: Welded carbon-quality steel pipes and tube, of circular cross-section, with an outside diameter not more than 16 inches, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), or end finish (plain end, beveled end, grooved, threaded, or threaded and coupled), and generally known as standard pipe, fence pipe and tube, sprinkler pipe, and structural pipe.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: Bull Moose Tube Company, Chesterfield, MO; EXLTUBE, N. Kansas City, MO; Wheatland Tube, a division of JMC Steel Group, Chicago, IL[1]; and Western Tube and Conduit, Long Beach, CA.
3. Investigation instituted by USITC: October 28, 2015.
4. USITC hearing: October 13, 2016.
5. USITC vote: November 18, 2016.
6. USITC notification of Department of Commerce: December 5, 2016.
U.S. Industry:
1. Number of U.S. producers in 2015: Nine.
2. Location of producers’ plants: Arizona, Arkansas, California, Georgia, Iowa, Illinois, Kentucky, Missouri, Ohio, Pennsylvania.
3. Employment of production and related workers in 2015: 1,280
4. U.S. producers’ U.S. shipments in 2015: $867 million
5. Apparent U.S. consumption in 2015: $1.6 billion.
6. Ratio of subject imports to apparent U.S. consumption in 2015: [2]
U.S. Imports in 2015:
1. From the subject countries during 2015: 2
2. From other countries during 2015: 2
3. Leading sources during 2015: Korea, the United Arab Emirates, and Vietnam (in terms of total value).
[1] On June 6, 2016, JMC Steel Group changed its corporate name to Zekelman Industries Inc.
[2] Withheld to avoid disclosure of business proprietary information.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Seamless Refined Copper Pipe and Tube from China and Mexico
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on seamless refined copper pipe and tube from China and Mexico 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 and Mexico 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 Seamless Refined Copper Pipe and Tube from China and Mexico (Inv. Nos. 731-TA-1174-1175 (Review), USITC Publication 4650, November 2016) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 21, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Seamless Refined Copper Pipe and Tube from China and Mexico were instituted on October 1, 2015.
On January 4, 2016, the Commission voted to conduct full reviews. All six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for 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 Mobile Electronic Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile electronic devices. The products at issue in the investigation are electronic mobile devices that include hardware and software components within the mobile electronic devices, such as integrated circuits, cameras, RF transmitters, capacitors, and System-on-chips.
The investigation is based on a complaint filed by Qualcomm Incorporated of San Diego, CA, on October 14, 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 mobile electronic devices that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Zhuhai Meizu Technology Co., Ltd., of Zhuhai, Guangdong, China;
Zhuhai Meizu Telecom Equipment Co., Ltd., of Zhuhai, Guangdong, China;
Dest Technology Limited of Shenzhen, China;
LGYD Limited of Shenzhen, China; and
Overseas Electronics, Inc., of Chicago, IL.
By instituting this investigation (337-TA-1029), 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 Mobile Device Holders and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile device holders and components thereof. The products at issue in the investigation are various sized holders that allow a user to position their mobile devices in a variety of ways, via magnetism.
The investigation is based on a complaint filed by Nite Ize, Inc., of Boulder, CO, on October 6, 2016. Supplements to the Complaint were filed on October 21, 2016 and October 26, 2016. 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 mobile device holders 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 a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Shenzhen Youtai Trade Company Limited, d/b/a NoChoice, of Shenzhen, Guangdong, China;
REXS LLC of Lewes, DE;
Spinido, Inc., of Brighton, CO;
Luo, Qiben, d/b/a Lita International Shop, of Shenzhen, China;
Guangzhou Kuaguoyi E-commerce Co., Ltd., d/b/a Kagu Culture, of Guangzhou, China;
Shenzhen New Dream Technology Co., Ltd., d/b/a Newdreams, of Shenzhen, China;
Shenzhen Gold South Technology Co., Ltd., d/b/a Baidatong, of Shenzhen, Guangdong, China;
Sunpauto Co., Ltd., of Kowloon, Hong Kong;
Wang Zhi Gang d/b/a IceFox, of Shenzhen, China;
Dang Yuya d/b/a Sminiker, of Shenzhen, China;
Shenzhen Topworld Technology Co. d/b/a IdeaPro, of Hong Kong;
Lin Zhen Mei d/b/a Anson, of Shenzhen, Guangdong, China;
Wu Xuying d/b/a/ Novoland of Shenzhen, China;
Shenzhen New Dream Sailing Electronic Technology Co., Ltd., d/b/a MegaDream, of Shenzhen, Guangdong, China;
Zhongshan Feiyu Hardware Technology Co., Ltd., d/b/a YouFo, of ZhongShan City, Guangdong, China;
Ninghuaxian Wangfulong Chaojishichang Youxian Gongsi, Ltd., d/b/a EasybuyUS, of Shanghai, China;
Chang Lee d/b/a Frentaly of Duluth, GA;
Trendbox USA LLC d/b/a Trendbox of Scottsdale, AZ;
Tontek d/b/a Shenzhen Hetongtai Electronics Co., Ltd., of Shenzhen, Guangdong, China;
Scotabc d/b/a ShenChuang Opto-electronics Technology Co., Ltd., of Shenzhen, Guangdong, China;
Tenswall d/b/a Shenzhen Tenswall International Trading Co., Ltd., of La Puente, CA;
Luo Jieqiong d/b/a Wekin of Chang Sha, China;
Pecham d/b/a Baichen Technology Ltd. of Hong Kong;
Cyrift d/b/a Guangzhou Sunway E-Commerce LLC of Guangzhou,China;
Rymemo d/b/a Global Box, LLC, of Dunbar, PA;
Wang Guoxiang d/b/a Minse of Shenzhen, Guangdong, China;
Yuan I d/b/a Bestrix of Hubei, China;
Zhiping Zhou d/b/a Runshion of Guangdong, China;
Huijukon d/b/a Shenzhen Hui Ju Kang Technology Co., Ltd., of Shenzhen, China;
Barsone d/b/a Shenzhen Senweite Electronic Commerce Ltd. of Shenzhen City, China;
Oumeiou d/b/a Shenzhen Oumeiou Technology Co. Ltd. of Shenzhen, China;
Grando d/b/a Shenzhen Dashentai Network Technology Co., Ltd., of Shenzhen, China;
Shenzhen Yingxue Technology Co., Ltd., of Shenzhen, China;
Shenzhen Longwang Technology Co., Ltd., d/b/a LWANG of Shenzhen, Guangdong, China; and
Hu Peng d/b/a AtomBud of Shenzhen, China.
By instituting this investigation (337-TA-1028), 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 Will Expedite Five-Year (Sunset) Reviews Concerning Polyester Staple Fiber from Korea and Taiwan
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the antidumping duty orders on polyester staple fiber from Korea and Taiwan.
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 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 responses were 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 "polyester staple fiber" 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 Will Expedite Its Five-Year (Sunset) Review Concerning Glycine from China
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on glycine from China.
As a result of the vote, the Commission will conduct an expedited review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
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 "glycine" 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.
USITC Votes to Continue Investigations on Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey
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 steel concrete reinforcing bar from Japan, Taiwan, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the government of Turkey.
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 Japan, Taiwan, and Turkey, with its preliminary countervailing duty determination due on or about December 14, 2016, and its preliminary antidumping duty determinations due on or about February 27, 2017.
The Commission’s public report Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey (Inv. Nos. 701-TA-564 and 731-TA-1338-1340 (Preliminary), USITC Publication 4648, November 2016) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 5, 2016. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey
Investigation Nos. 701-TA-564 and 731-TA-1338-1340 (Preliminary)
Product Description: Steel concrete reinforcing bar in either straight length or coil form regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test. Specifically excluded are plain rounds (i.e., nondeformed or smooth rebar). Also excluded from the scope is deformed steel wire meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or grade) and without being subject to an elongation test.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: Rebar Trade Action Coalition and its individual members: BD Vinton LLC, Vinton, TX; Byer Steel Corporation, Cincinnati, OH; Commercial Metals Company, Irving, TX; Gerdau Ameristeel U.S. Inc., Tampa, FL; Nucor Corporation, Charlotte, NC; and Steel Dynamics, Inc., Fort Wayne, IN.
3. Preliminary investigations instituted by the USITC: September 20, 2016.
4. Commission’s conference: October 11, 2016.
5. USITC vote: November 3, 2016.
6. USITC determinations to the U.S. Department of Commerce: November 4, 2016.
7. USITC views to the U.S. Department of Commerce: November 14, 2016.
U.S. Industry:
1. Number of producers in 2015: Seven.
2. Location of producers’ plants: Alabama, Arizona, Arkansas, California, Connecticut, Florida, Illinois, Indiana, Mississippi, New Jersey, New York, Ohio, Oregon, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington.
3. Employment of production and related workers in 2015: 4,220.
4. Apparent U.S. consumption in 2015: $4.5 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: 19.9 percent.
U.S. Imports:
1. From the subject countries during 2015: $854.1 million.
2. From other countries during 2015: $44.5 million.
3. Leading sources during 2015: Turkey, Japan, Taiwan, and Korea (in terms of total value).
USITC Institutes Section 337 Investigation of Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same. The products at issue in the investigation are food supplements and vitamins containing ocular antioxidants, such as lutein, zeaxanthin, and zeaxanthin isomers,that may be used by individuals with certain ocular disorders, including age-related macular degeneration, hyperopia, presbyopia or astigmatism.
The investigation is based on a complaint filed by Kemin Industries, Inc., and Kemin Foods, L.C., both of Des Moines, Iowa, on October 6, 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 food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
OmniActive Health Technologies of Mumbai, India; and
OmniActive Health Technologies, Inc., of Morristown, NJ.
By instituting this investigation (337-TA-1027), 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.