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News Release 15-040
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
The United States is the world's largest services market and was the world’s leading exporter and importer of services in 2013, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2015 Annual Report.
The USITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually. Each year's report presents a qualitative and quantitative overview of U.S. trade in services and highlights some of the service sectors and geographic markets that contribute substantially to recent services trade performance.
This year’s report focuses on distribution services and includes chapters on three specific industries: logistics services, maritime transport services, and retail services. Each chapter analyzes global market conditions in the industry, examines recent trade performance, and summarizes the industry’s outlook.
The report describes trade in services and its two main components -- cross-border transactions and affiliate sales. Highlights include:
- In 2013, the value of U.S. commercial services exports was $662.0 billion (14 percent of global services exports), while imports totaled $431.5 billion (10 percent of global services imports). Preliminary data for 2014 indicate that U.S. commercial services exports exceeded those in 2013 by 3.4 percent, or $22.7 billion, whereas U.S. imports were 4.1 percent higher ($7.7 billion) in 2014 than in 2013.
- From 2012 to 2013, U.S. cross-border services exports rose 5.1 percent (up from 5 percent in 2012), while U.S. services imports grew 3 percent (down from 4.5 percent in 2012). Distribution services accounted for 7 percent of exports and 14 percent of imports, resulting in a trade deficit of $13.6 billion in this subsector in 2013.
- Within the services sector, sales by foreign affiliates of U.S. firms -- the leading channel by which many U.S. services are delivered to foreign markets -- rose by 3.7 percent to almost $1.3 trillion in 2012. In 2012, top markets for sales by U.S.-owned affiliates were the United Kingdom (15 percent), Canada (10 percent), and Japan and Ireland (6 percent each). Distribution services accounted for $399.1 billion, or 31 percent, of the total.
- In 2013, private sector distribution services contributed $2.3 trillion to U.S. gross domestic product (GDP) and accounted for nearly 17 percent of total U.S. private sector GDP. The output of these services grew by 1.7 percent in 2013, slightly slower than the GDP growth in the private sector (2.2 percent). Among the distribution services industries, the GDP of maritime transport services grew the fastest in 2013 at 9.4 percent, followed by retail trade (2.4 percent), wholesale trade (1.6 percent), and logistics services (0.8 percent).
- The distribution services sector was one of the most important contributors to U.S. private sector employment in 2013. Overall, distribution services accounted for more than 21 percent of total private sector employment, or 23 million full-time equivalent (FTE) employees -- a share that has remained stable since 2008. Employment in retail services represented 57 percent of this total, followed by wholesale services (24 percent), logistics services (18 percent), and maritime transport services (0.3 percent). Labor productivity in distribution services grew at a steady, but modest pace during 2008–13, with an average output per worker of $98,370 in 2013.
- Since trade in distribution services is driven by consumer demand, fluctuations in income and consumer spending can have profound effects on the health of the industry. The global economic recession of 2008–09 caused revenue declines for the majority of distribution providers. Further, as global economies become more integrated, the distribution services industry has needed to evolve rapidly to address issues such as shifting global supply chains (i.e., “near-shoring”), advances in digital technology (i.e., e-commerce), and rising cost competition across all factors of production and distribution (i.e., transport and inventory costs). Most notably, technology has increasingly enabled manufacturers to bypass traditional wholesalers and retailers. Consequently, distribution services suppliers have grown more adaptive as supply chains compress and the use of Internet technologies to purchase goods increases.
- The USITC hosted its eighth annual services roundtable on October 16, 2014. The discussion, summarized in the report, focused on services trade in sub-Saharan Africa, ongoing international trade in services negotiations, and the assessment of services commitments.
Recent Trends in U.S. Services Trade, 2015 Annual Report (Investigation No. 332-345, USITC publication 4526, May 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4526.pdf.
News Release 15-039
Inv. No(s). 332-501
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its annual compilation of reports published every two weeks on textile and apparel imports from China.
The report, Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2014, was requested by the U.S. House of Representatives' Committee on Ways and Means.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, produced an annual compilation of data that has been posted on a bi-weekly basis on the USITC website. The data in the report are shown on an annual and quarterly basis, by category and by Harmonized Tariff Schedule (HTS) 10-digit subheadings.
By category, annual data are provided from 2008 through 2014, and quarterly data are provided from first quarter 2013 through fourth quarter 2014. By HTS10 subheading, annual data are provided from 2012 through 2014, and quarterly data are provided from first quarter 2013 through fourth quarter 2014.
Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2014 (Inv. No. 332-501, USITC publication 4535, May 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4535.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.
News Release 15-038
Inv. No(s). 332-549
Contact: Peg O'Laughlin, 202-205-1819
The global rice market is characterized by relatively low trading volumes and heavy government intervention in both imports and exports, according to the U.S. International Trade Commission in its report Rice: Global Competitiveness of the U.S. Industry.
Exports only account for 8% of global rice production, significantly less than for other grains and oilseeds even though rice serves as a staple in the diet of more people than any other food, according to the report.
The USITC, an independent, nonpartisan, factfinding federal agency, prepared the report at the request of the House Committee on Ways and Means.
The report states that government intervention is often aimed at keeping prices affordable, especially for low-income consumers. In some cases, government intervention also encourages domestic production to promote national self-sufficiency. Other highlights of the report include:
- Global rice production and consumption are highly concentrated in Asia. Rice is the primary staple food for most of the population in Asia, especially for the poor. [Read More]
- The top three worldwide exporters are India, Thailand, and Vietnam, followed by Pakistan and the United States.
- Of government policies for rice in place in 2013, import tariffs on rice in major consuming countries had the largest impact on U.S. production and exports. [Read More]
- The United States faces little direct competition in its domestic market, but in recent years it has lost market share in key export markets, such as Mexico, Central America, the European Union, Haiti, and Ghana. The United States exports about 50 percent of its production. [Read More]
- The major rice producing countries can be characterized as follows: 1) major consumers and surplus producers, 2) major consumers and importers, or 3) major exporters but not major consumers.
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Countries that are both major rice consumers and surplus producers, such as India and Thailand, typically provide support for rice producers and consumers. These countries also impose export controls if prices rise.
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Countries that are principally rice consuming and importing countries, such as Indonesia and the Philippines, typically provide a support for rice producers and consumers, and maintain control of rice imports, generally through state trading.
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Countries that are major exporters of rice but not major consumers, such as the United States and Uruguay, typically provide less extensive support for rice producers than do major consuming countries.
- Low-cost producers of long grain white rice (the most-commonly traded rice type and form) include Burma, Cambodia, India, Pakistan, Uruguay, and Vietnam, while the most highly reliable exporters of long grain white rice include Uruguay and the United States. [Read More]
As requested, the report provides:
- an overview of the rice industry in the United States and other major global producing and exporting countries,
- information on recent trade trends and developments in the global market for rice,
- a comparison of the competitive strengths and weaknesses of rice production and exports in the United States and other major exporting countries,
- a quantitative assessment of the impact of government policies and programs of major producing and exporting countries, and
- an overview of the impact on the U.S. rice industry of rice exports from the highlighted countries to the United States and to traditional markets of the United States.
The report features quantitative analyses of policies and production changes that affect the global rice industry. These policy measures include production policies, consumption policies, and trade policies. Quantitative analyses used the RiceFlow model, a global partial-equilibrium model of three types of rice (long grain, medium and short grain, and aromatic), and three different processing levels (paddy or rough, brown, and white rice). The report also includes information on competitiveness of rice production in selected producing countries. The report provides a description of rice production, consumption, and trade, by region, including:
- The United States [Read More]
- East Asia [Read More]
- South Asia [Read More]
- Southeast Asia Mainland [Read More]
- Southeast Asia Islands [Read More]
- South America [Read More]
Rice: Global Competitiveness of the U.S. Industry (Inv. No. 332-549, USITC publication 4530, April 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4530.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the USITC's objective findings and independent analyses on the subject investigated. The USITC makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 15-033
Inv. No(s). 701-TA-531-533 and 731-TA-1270-1273 (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 polyethylene terephthalate (PET) resin from Canada, China, India, and Oman that are allegedly sold in the United States at less than fair value and subsidized by the governments of China, India, and Oman.
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 these investigations.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of this product from Canada, China, India, and Oman, with its preliminary countervailing duty determinations due on or about June 3, 2015, and its preliminary antidumping duty determinations due on or about August 17, 2015.
The Commission’s public report Polyethylene Terephthalate (PET) Resin from Canada, China, India, and Oman (Investigation Nos. 701-TA-531-533 and 731-TA-1270-1273 (Preliminary), USITC Publication 4531, May 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after May 21, 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
Certain Polyethylene Terephthalate Resin from Canada, China, India, and Oman
Investigation Nos. 701-TA-531-533 and 731-TA-1270-1273 (Preliminary)
Product Description: Polyethylene Terephthalate (PET) Resin is a large-volume, commodity-grade thermoplastic polyester polymer. PET resin is primarily sold in bulk form as chips or pellets to downstream end users/converters. Converters use PET resin to manufacture bottles and other sterile containers that house liquid and solid products for human consumption or contact. Major end-use applications for bottle-grade PET resin include carbonated soft drink bottles, water bottles, and other containers such as for juices, peanut butter, jams and jellies, salad dressings, cooking oils, household cleaners, and cosmetics. Articles manufactured with PET resin are clear, transparent, sterile, lightweight, and thermally stable. The product scope defines packaging-grade PET resin having an intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. Based upon the scope set forth by the U.S. Department of Commerce, information available to the Commission indicates that the merchandise subject to these investigations is imported under statistical reporting number 3907.60.0030 of the Harmonized Tariff Schedule of the United States.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: DAK Americas, LLC, Charlotte, NC; M&G Chemicals, Houston, TX; and Nan Ya Plastics Corporation, America, Lake City, SC.
3. Preliminary investigations instituted by the USITC: March 10, 2015.
4. Commission’s conference: March 31, 2015.
5. USITC vote: April 23, 2015.
6. USITC determinations to the U.S. Department of Commerce: April 24, 2015.
7. USITC views to the U.S. Department of Commerce: May 1, 2015.
U.S. Industry:
1. Number of producers in 2014: Four.
2. Location of producers’ plants: North Carolina, South Carolina, 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 countries during 2014: 1
2. From other countries during 2014: $409 million.
3. Leading sources during 2014: Mexico, Canada, China, and India.
1 Withheld to avoid disclosure of business proprietary information.
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.