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News Release 15-026
Inv. No(s). 337-TA-952
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras. The products at issue in the investigation include smartphones, tablet computers, digital media players, and smartwatches.
The investigation is based on a complaint filed by Ericsson Inc., of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on February 26, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Apple, Inc., a/k/a Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-952), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 15-025
Inv. No(s). 337-TA-951
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same. The products at issue in the investigation are lithium transition metal oxide cathode materials used in certain lithium-ion batteries. Also at issue in the investigation are lithium-ion batteries for power tools containing lithium transition metal oxide cathode materials and power tools with lithium-ion batteries containing lithium transition metal oxide cathode materials.
The investigation is based on a complaint filed by BASF Corporation of Florham Park, NJ, and UChicago Argonne LLC, of Lemont, IL, on February 20, 2015. The complaint was supplemented on March 13, 2015. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Umicore N.V. of Brussels, Belgium;
Umicore USA Inc. of Raleigh, NC;
Makita Corporation of Aichi, Japan;
Makita Corporation of America of Buford, GA; and
Makita U.S.A. Inc. of La Mirada, CA.
By instituting this investigation (337-TA-951), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 15-024
Inv. No(s). 701-TA-459 and 731-TA-1155 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on commodity matchbooks from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from India will remain in place.
All six Commissioners voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Commodity Matchbooks from India (Inv. No. 701-TA-459 and 731-TA-1155 (Review), USITC Publication 4525, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 23, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Commodity Matchbooks from India were instituted on November 3, 2014.
On February 6, 2015, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 15-023
Inv. No(s). 704-TA-1 and 734-TA-1
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.
Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.
As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect.
All six Commissioners voted in the affirmative.
The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI. These are the first reviews that the Commission has conducted under sections 704(h) and 734(h). Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.
Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations. Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests.
If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective. If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.
The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
News Release 15-022
Inv. No(s). 731-TA-1046 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
As a result of the Commission’s affirmative determination, the existing order on imports of this product 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 this five-year (sunset) review.
The Commission’s public report Tetrahydrofurfuryl Alcohol from China (Inv. No. 731-TA-1146 (Second Review), USITC Publication 4524, April 2015) will contain the views of the Commission and information developed during the review.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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) review concerning Tetrahydrofurfuryl Alcohol from China was 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 this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 15-021
Inv. No(s). 337-TA-950
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic products, including products with near field communication (“NFC”) system-level functionality and/or battery power-up functionality, components thereof, and products containing same. The products at issue in the investigations are electronic products with NFC system-level functionality and/or battery power-up functionality including laptops, tablets, servers, printers, portable speakers, and wireless headsets.
The investigation is based on a complaint filed by NXP B.V. of Eindhoven, The Netherlands, and NXP Semiconductors USA, Inc., of San Jose, CA, on February 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 electronic products, including products with near field communication (NFC) system-level functionality and/or battery power-up functionality, components thereof, and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Dell, Inc., of Round Rock, TX, as the respondent in this investigation.
By instituting this investigation (337-TA-950), 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 15-020
Inv. No(s). 337-TA-949
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio processing hardware and software and products containing the same. The products at issue in the investigations are audio codec chips and audio processing software to remove or reduce unwanted audio noise, and products including desktop computers, all-in-one computers, notebooks, laptops, Chromebooks and computer tablets containing such chips and software.
The investigation is based on a complaint filed by Andrea Electronics Corporation of Bohemia, NY, on February 9, 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 audio processing hardware and software and products containing the same that infringe patents asserted by Andrea Electronics. 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:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Dell Inc. of Round Rock, TX;
Hewlett Packard Co., of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo Holding Co., Inc., of Morrisville, NC;
Lenovo (United States) Inc. of Morrisville, NC;
Toshiba Corp. of Tokyo, Japan;
Toshiba America, Inc., of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA; and
Realtek Semiconductor Corp. of Hsinchu, Taiwan.
By instituting this investigation (337-TA-949), 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 15-019
Inv. No(s). 337-TA-948
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toy figurines and toy sets containing the same.
The investigation is based on a complaint filed by LEGO A/S and LEGO System A/S, both of Billund, Denmark, and LEGO Systems, Inc., of Enfield, CT, on February 6, 2015 and a letter supplementing the complaint, filed on February 19, 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 toy figurines and toy sets containing the same that infringe patents and copyrights asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
LaRose Industries LLC d/b/a CRA-Z-ART of Randolph, NJ;
MEGO Brands Inc. of Montreal, Quebec, Canada; and
Best-Lock Construction Toys, Inc., of Miami, FL.
By instituting this investigation (337-TA-948), 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 15-018
Inv. No(s). 701-TA-463 and 731-TA-1159 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC WILL EXPEDITE FIVE-YEAR (SUNSET) REVIEWS
CONCERNING OIL COUNTRY TUBULAR GOODS FROM CHINA
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year ("sunset") reviews concerning the countervailing and antidumping duty orders on oil country tubular goods from China (Inv. Nos. 701-TA-463 and 731-TA-1159 (Review)).
As a result of these votes, the Commission will conduct expedited reviews to determine whether revocation of these 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 response was 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 "oil country tubular goods" 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.
News Release 15-017
Inv. No(s). 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC VOTES TO CONTINUE CASES
ON CERTAIN UNCOATED PAPER
FROM AUSTRALIA, BRAZIL, CHINA, INDONESIA, AND PORTUGAL
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the governments of China and Indonesia.
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 these products from Australia, Brazil, China, Indonesia, and Portugal, with its preliminary countervailing duty determination due on or about April 16, 2015, and its antidumping duty determination due on or about June 30, 2015.
The Commission’s public report Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary), USITC Publication 4522, March 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 6, 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 IndustriesWashington, DC 20436
FACTUAL HIGHLIGHTS
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)
Product Description: Certain uncoated paper covered by these investigations includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level of 85 or higher or is a colored paper; whether or not surface-decorated, printed, embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions. Certain uncoated paper is generally used for office reprographics (copy and printer paper), books, instruction manuals, inserts, business forms, flyers, maps, and brochures.
Status of Proceedings:
- Type of investigations: Preliminary antidumping and countervailing duty.
- Petitioners: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL.
- Commission's conference: February 11, 2015.
- USITC vote: March 6, 2015.
- USITC determinations: March11, 2015.
- USITC views: March 18, 2015.
U.S. Industry:
- Number of producers in 2013: Nine.
- Location of producers' plants: Alabama, Arkansas, Minnesota, New York, Ohio, Pennsylvania, Tennessee.
- Employment of production and related workers in 2013: 6,925.
- Apparent U.S. consumption in 2013: $4.5 billion.
- Ratio of the value of total U.S. imports to total U.S. consumption in 2013: 15.5 percent.
U.S. Imports:
- From the subject countries during 2013: $496.8 million.
- From other countries during 2013: $198.4 million.
- Leading sources during 2013: Portugal, Canada, Indonesia, Brazil, China, and Australia (in terms of total value).