USITC

BULLETIN

The U.S. International Trade Commission has made affirmative determinations in its preliminary phase antidumping and countervailing duty investigations concerning Certain Uncoated Paper  from Australia, Brazil, China, Indonesia, and Portugal.

Note to Users:  This bulletin will be replaced by the news release when the release is available. News releases are generally issued approximately three hours after a Commission vote.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light emitting diode products and components thereof.  The products at issue in the investigation are LED products, such as LED bulbs, and other LED products and components of those products including LED chips and chip packages.

The investigation is based on a complaint filed by Cree, Inc., of Durham, NC, on January 12, 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 light emitting diode products and components thereof that infringe patents asserted by Cree.  The complaint also alleges false advertising of certain of the accused products in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1225(a).  The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Feit Electric Company, Inc., of Pico Rivera, CA;
Feit Electric Company, Inc., of Xiamen, China;
Unity Opto Technology Co., Ltd., of New Taipei City, Taiwan; and
Unity Microelectronics, Inc., of Plano, TX.

By instituting this investigation (337-TA-947), 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.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on certain kitchen appliance shelving and racks from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China will remain in place.

All six Commissioners voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Certain Kitchen Appliance Shelving and Racks from China (Inv. Nos. 701-TA-458 and 731-TA-1154 (Review), USITC Publication 4520, February 2015) will contain the views of the Commission and information developed during the reviews.

The report will be available after March 17, 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 Certain Kitchen Appliance Shelving and Racks from China were instituted on August 1, 2014.

On November 4, 2014, 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink cartridges and components thereof.  The products at issue in the investigations are ink cartridges, and components thereof, designed for use with certain Epson ink jet printers.

The investigation is based on a complaint filed by Epson Portland Inc. of Hillsboro, OR; Epson America, Inc., of Long Beach, CA; and Seiko Epson Corporation of Nagano, Japan, on December 23, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ink cartridges and components thereof that infringe patents 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:

Zhuhai Nano Digital Technology Co., Ltd., of Zhuhai, Guangdong, China; Nano Business & Technology, Inc., d/b/a Nano Digital, d/b/a Nano Ink Spot, d/b/a Dinsink, of Lake Oswego, OR;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., d/b/a Ink-Tank, of Zhuhai, Guangdong, China;
Huebon Co., Ltd., of Sheung Wan, Hong Kong;
Chancen Co., Ltd., of Sheung Wan, Hong Kong;
Zhuhai Rich Imaging Technology Co., Ltd., of Zhuhai, Guangdong, China;
Shanghai Orink Infotech International Co., Ltd., of Shanghai, China;
Orink Infotech International Co., Ltd., of Causewat Bay, Hong Kong;
Zinyaw LLC d/b/a TonerPirate.com of Houston, TX;
Yotat Group Co., Ltd., of Kowloon, Hong Kong;
Yotat (Zhuhai) Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
Ourway Image Co., Ltd., of Xiangzhou, Zhuhai, China;
Kingway Image Co., Ltd., of Zhuhai, China;
Zhuhai Chinamate Technology Co., Ltd., of Xiangzhou, Zhuhai, China;
InkPro2day, LLC, of Los Angeles, CA;
Dongguan OcBestjet Printer Consumables Co., Ltd., of Dongguan, China;
OcBestjet Printer Consumables (HK) Co., Ltd., of Hong Kong;
Aomya Printer Consumables (Zhuhai) Co., Ltd., of Xiangzhou, Zhuhai, Guangdong, China; and
Zhuhai Richeng Development Co., Ltd., d/b/a Richeng Technology, of Jida, Zhuhai, China.

By instituting this investigation (337-TA-946), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof.  At issue in the investigations are certain types of network devices, such as switches, with particular functionalities relating to network performance, security, and/or management. 

The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain network devices, related software, and components thereof that infringe patents asserted by Cisco Systems.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.

By instituting this investigation (337-TA-945), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof.  At issue in the investigations are certain types of network devices, such as switches and routers with particular configuration management, upgrade, recovery, security, and scalability functionalities.

The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 2014.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain network devices, related software, and components thereof that infringe patents asserted by Cisco Systems.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.

By instituting this investigation (337-TA-944), 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.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain crystalline silicon photovoltaic products from China and Taiwan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and are subsidized by the government of China.

Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson,  and Rhonda K. Schmidtlein voted in the affirmative.  Chairman Meredith M. Broadbent voted in the affirmative with respect to modules from China and Taiwan and in the negative with respect to cells from Taiwan (cells from China were not included in the scope of these investigations).  Commissioner F. Scott Kieff did not participate in these investigations.

As a result of the USITC’s affirmative determinations, the U.S. Department of Commerce will issue countervailing duty orders on imports of these products from China and antidumping duty orders on imports of these products from China and Taiwan.

The Commission’s public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final), USITC Publication 4519, January 2015) will contain the views of the Commissioners and information developed during the investigations.

The report will be available after February 20, 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 Crystalline Silicon Photovoltaic Products from China and Taiwan
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final)

Product Description: 

China Scope:

The merchandise covered by this investigation is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this investigation, subject merchandise includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells produced in a customs territory other than China.

Subject merchandise includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are modules, laminates and/or panels assembled in China, consisting of crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one module, laminate and/or panel is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all modules, laminates and/or panels that are integrated into the consumer good.

Further, also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, laminates and/or panels, from China.¹

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

Taiwan Scope:

The merchandise covered by this investigation is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials.

Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Modules, laminates, and panels produced in a third-country from cells produced in Taiwan are covered by this investigation. However, modules, laminates, and panels produced in Taiwan from cells produced in a third-country are not covered by this investigation.

Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.

Further, also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (“China”). Also excluded from the scope of this investigation are modules, laminates, and panels produced in China from crystalline silicon photovoltaic cells produced in Taiwan that are covered by an existing proceeding on such modules, laminates, and panels from China.

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

Status of Proceedings:

1.      Type of investigation: Final antidumping and countervailing duty.
2.      Petitioner:  SolarWorld Industries America, Inc., Hillsboro, OR.
3.      Investigation instituted by USITC:  December 31, 2013.
4.      USITC hearing: December 8, 2014.
5.      USITC vote: January 21, 2014.
6.      USITC notification of Department of Commerce: February 5, 2015.

U.S. Industry:

1.      Number of U.S. producers in 2013: Nine.
2.      Location of producers’ plants:  Arizona, California, Delaware, Georgia, Illinois, Minnesota, North Carolina, Oregon, Washington.
3.      Employment of production and related workers in 2013 (modules): 768
4.      U.S. producers’ U.S. shipments in 2013 (modules): $207.0 million
5.      Apparent U.S. consumption in 2013 (modules): $2,077.1 million
6.      Ratio of subject imports to apparent U.S. consumption in 2013 (modules): 82.8

U.S. Imports in 2013:

1.      From the subject countries during 2013 (modules): $1,720.1 million
2.      From other countries during 2013 (modules): $109.5 million
3.      Leading sources during 2013 (modules, alphabetical order): China, Korea, Malaysia, Mexico, Philippines, Singapore, and Taiwan.

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 silica bricks and shapes from China 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, with its preliminary antidumping duty determination due on or about April 24, 2013.

The Commission's public report Silica Bricks and Shapes from China (Investigation No. 731- TA-1205 (Preliminary), USITC Publication 4369, January 2013) will contain the views of the Commission and information developed during the investigation.

Copies of the report are expected to be available after January 22, 2013, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

FACTUAL HIGHLIGHTS

/

Silica Bricks and Shapes from China
Investigation No. 731-TA-1205 (Preliminary)

Product Description: Silica bricks and shapes covered by this investigation include all bricks and shapes, regardless of size, containing at least 90 percent silica (also known as silicon dioxide (SiO2)), regardless of other materials in the bricks and shapes. These bricks and shapes are used for refractory purposes, primarily in coke ovens and glass furnaces.

Status of Proceedings:                            

1.        Type of investigation:  Preliminary antidumping.
2.        Petitioner:  Utah Refractories Corp., Lehi, UT.
3.        Preliminary investigation instituted by the USITC:  November 15, 2012.
4.        Commission's conference:  December 6, 2012.
5.        USITC vote:  December 28, 2012.
6.        USITC determination to the U.S. Department of Commerce:  December 31, 2012.
7.        USITC views to the U.S. Department of Commerce:  January 8, 2013.


U.S. Industry:

1.        Number of producers in 2011:  One.
2.        Location of producer's plant:  Utah.
3.        Employment of production and related workers in 2011:  1/
4.        Apparent U.S. consumption in 2011:  1/
5.        Ratio of the value of total U.S. imports to total U.S. consumption in 2011:  1/


U.S. Imports:

1.        From the subject countries during 2011:  1/
2.        From other countries during 2011:  1/
3.        Leading sources during 2011:   1/

_____________________________________________________________

1/ Withheld to avoid disclosure of business proprietary information.

Eighth Report Will Also Examine Services' Contribution to Manufacturing

The U.S. International Trade Commission (USITC) has begun an update of its report on the effects of significant U.S. import restraints. The report will also examine the contribution of services to U.S. manufacturing.

The report, The Economic Effects of Significant U.S. Import Restraints: Eighth Update Special Topic: Services' Contribution to Manufacturing, was requested by the U.S. Trade Representative (USTR) in a letter received on November 2, 2012. In the letter, the USTR noted that rapid growth and technological change in services are affecting economic activity throughout the world and that "a thoughtful review of the contributions of services (both U.S. and global) to U.S. manufacturing that is accessible to a wide audience would be a useful special topic in the report."

The eighth update will contain two parts. The first part will assess the economic effects of significant import restraints on U.S. consumers, workers, and firms. As in the past, and as requested by the USTR, the USITC will not assess import restraints resulting from antidumping or countervailing duty investigations, section 337 and 406 investigations, or section 301 actions.

The second part of the report will provide an overview of the contribution of both U.S. and global services to U.S. manufacturing. It will also describe recent trends in U.S. sourcing of services and their effect on manufacturing output and productivity, and it will identify sectors that have experienced the greatest changes. To the extent practicable, the report will also discuss the indirect contribution of services to merchandise exports.

The USITC will hold a public hearing in connection with investigation at 9:30 a.m. on March 19, 2013. Requests to appear at the hearing should be filed no later than 5:15 p.m. on March 6, 2013, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on April 12, 2013. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigations and appropriate submissions is available in the USITC's notice of investigation, dated December 20, 2012, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

USITC general factfinding investigations, such as these, 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, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject 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 investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.