USITC
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the countervailing duty order on polyethylene retail carrier bags from Vietnam and the antidumping duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (First Review) and 1053-1045 (Second Review)).
As a result of these votes, the Commission will conduct full 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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.
All six Commissioners concluded that the domestic group response for these reviews was adequate and that the respondent group response from Malaysia was adequate and the respondent group responses from China, Indonesia, Taiwan, Thailand, and Vietnam were inadequate, but that circumstances warranted full 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 "polyethylene retail carrier bags" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.
USITC Will Expedite Five-Year (Sunset) Review Coincerning Chloropicrin 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 chloropicrin from China (Inv. No. 731-TA-130 (Fourth Review)).
As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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.
Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Chairman Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full 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 "chloropicrin" 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 Will Expedite Five-Year (Sunset) Reviews Concerning Carbazole Violet Pigment 23 from China and India
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the countervailing duty order on carbazole violet pigment 23 from India and the antidumping duty orders on carbazole violet pigment 23 from China and India (Inv. Nos. 701-TA-437 and 731-TA-1060 and 1061 (Second 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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 "carbazole violet pigment 23" 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 Releases Shifts in U.S. Merchandise Trade 2014
Shifts in U.S. Merchandise Trade 2014 (2014 Trade Shifts) is now available on the U.S. International Trade Commission Internet site.
The USITC, an independent, nonpartisan federal agency, continues to transform Trade Shifts, its annual comprehensive review of U.S. trade performance. The 2014 edition adds new interactive features, including graphics and supplemental data analysis tools that allow users to view and refine, as they choose, the official government data presented.
“The interactive features included in this year’s Trade Shifts release let users choose the individual data options they want to see to generate insights that build upon the Commission’s analysis, ” said USITC Chairman Meredith M. Broadbent. “The Commission committed in its strategic plan to adopt approaches to make its analysis, information, and expertise more easily available and functional, and Trade Shifts 2014 is a step in that direction.”
The 2014 Trade Shifts focuses on changes in U.S. exports and imports of agricultural and manufacturing industries and key natural resources, as well as changes in U.S. trade with China, Japan, the European Union, and sub-Saharan Africa. Also included are industry and market profiles for 10 sectors that include trade data for 2010-2014.
The 2014 release also includes a special topic discussion that defines common U.S. trade metrics and examines ways that changes in U.S. trade flows have affected certain trade measures. These changes range from wide-ranging reductions in U.S. tariffs to the growing importance of re-exports and the evolution of U.S. foreign-trade zones.
Highlights from the report include:
- The value of U.S. total exports grew by $43.9 billion (2.8 percent), in part because of the depreciation of the U.S. dollar during the first half of 2014 as well as the 7 percent expansion of the Chinese economy, the United States' third-largest export market. Three sectors accounted for just over half the overall value of U.S. total exports in 2014: transportation equipment, electronics, and chemicals.
- Re-exports’ share of U.S. total exports has been growing annually as firms increasingly use the United States as a distribution hub, particularly for merchandise destined to NAFTA countries. In 2014, re-exports were valued at $221.2 billion (14 percent of U.S. total exports). The top three sectors were: footwear (43 percent); electronics (37 percent); and textiles and apparel (19 percent). Within each of these sectors, re-exports were concentrated within individual industry segments (e.g., telecommunications equipment in the electronics sector).
- The value of U.S. general imports rose by $76.9 billion (3.4 percent), driven by the stronger U.S. economy and the corresponding upturn in personal spending and business investment. Three sectors accounted for just over half the overall value of U.S. general imports in 2014: electronics, transportation equipment, and energy.
- U.S. trade flows with the four key trading partners/regions profiled in 2014 Trade Shifts accounted for about 30 percent of U.S. total exports and almost half of U.S. general imports. U.S. trade balances with these partners/regions fluctuated in 2014. U.S. trade deficits with China and the EU continued to increase, while those with Japan and sub-Saharan Africa declined. Energy products and transportation equipment contributed to these changes, accounting for the largest shifts in value in both U.S. total exports and U.S. general imports.
Shifts in U.S. Merchandise Trade 2014 can be accessed at http://www.usitc.gov/research_and_analysis/trade_shifts_2014/index.htm.
Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric skin care devices, brushes and chargers therefor, and kits containing the same. The products at issue in the investigation are electric devices with rapidly moving brush-heads for cleansing the skin.
The investigation is based on an amended complaint filed by Pacific Bioscience Laboratories, Inc., of Redmond, WA, on May 20, 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 electric skin care devices, brushes and chargers therefor, and kits containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Our Family Jewels, Inc., d/b/a Epipur Skincare of Parker, CO;
Accord Media LLC d/b/a Truth in Aging of New York, NY;
Xnovi Electronic Co., Ltd., of Shenzhen, China;
Michael Todd True Organics LP of Port St. Lucie, FL;
MTTO LLC of Port St. Lucie, FL;
Shanghai Anzikang Electric Co., Ltd., of Shanghai, China;
Nutra-Luxe M.D., LLC, of Fort Myers, FL;
Beauty Tech, Inc., of Coral Gables, FL;
Anex Corporation of Seoul, Republic of Korea;
RN Ventures Ltd., of London, United Kingdom;
Korean Beauty Co., Ltd., of Seoul, Republic of Korea;
H2Pro Beautylife, Inc., of Placentia, CA;
Serious Skin Care, Inc., of Carson City, NV;
Home Skinovations Inc. of Richmond Hill, Ontario, Canada;
Home Skinovations Ltd. of Yokneam, Israel;
Wenzhou AI ER Electrical Technology Co., Ltd., d/b/a CNAIER of ZheJiang, China;
Coreana Cosmetics Co. Ltd., of Chungcheongnam-do, Republic of Korea;
Flageoli Classic Limited of Las Vegas, NV;
Jewlzie of New York, NY;
Unicos USA, Inc., of La Habra, CA; and
Skincarebyalana of Dana Point, CA.
By instituting this investigation (337-TA-959), 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 Automated Teller Machines and Point of Sale Devices and Associated Software Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated teller machines and point of sale devices and associated software thereof. The products at issue in the investigation include automated teller machines and point of sale devices that are primarily sold to gaming and entertainment establishments in the United States.
The investigation is based on a complaint filed by Global Cash Access Inc. of Las Vegas, NV, on May 4, 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 automated teller machines and point of sale devices and associated software thereof by reason of infringement of a patent asserted by the complainant, and by reason of false advertising. 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:
NRT Technology Corp. of Toronto, Canada; and
NRT Technologies, Inc., of Las Vegas, NV.
By instituting this investigation (337-TA-958), 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 Touchscreen Controllers and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain touchscreen controllers and products containing the same. The products at issue in the investigation include touchscreens and related technology that are typically incorporated into smartphones and other similar devices.
The investigation is based on a complaint filed by Synaptics Incorporated of San Jose, CA, on April 21, 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 touchscreen controllers and products containing the same 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:
Shenzhen Huiding Technology Co., Ltd., a/k/a Shenzhen Goodix Technology Co., Ltd., of Futian Freetrade Zone, Shenzhen, China;
Goodix Technology Inc. of San Diego, CA; and
BLU Products, Inc. of Doral, FL.
By instituting this investigation (337-TA-957), 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.
53-Foot Domestic Dry Containers from China Do Not Materially Retard U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that the establishment of a U.S. industry is not materially retarded by reason of imports of 53-foot domestic dry containers from China that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the negative. Commissioner F. Scott Kieff did not participate in the final phase of these investigations.
As a result of the USITC’s negative determinations, no antidumping or countervailing duty orders will be issued on imports of these products from China.
The Commission’s public report 53-Foot Domestic Dry Containers from China (Investigation Nos. 701-TA-514 and 731-TA-1250 (Final), USITC Publication 4537, June 2015) will contain the views of the Commissioners and information developed during the investigations.
The report will be available by June 22, 2015; 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
53-Foot Domestic Dry Containers from China
Investigation Nos. 701-TA-514 and 731-TA-1250 (Final)
Product Description: The product subject to investigation includes closed van containers exceeding 48 feet, but generally measuring 53 feet in length, which are designed to transport dry goods primarily by rail or by road vehicles, or by a combination of both modes, largely within North America. Domestic containers are closed on all sides, including the top, and accessed through lockable double doors at one end. Domestic containers are “dry” because they are not designed or intended for carrying liquids or goods requiring refrigeration. In addition, domestic containers have various handlings and fittings so that the containers can be lifted and then mounted on various platforms, such as a chassis, a railroad well car, or a ship, for movement.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioner: Stoughton Trailers, LLC.
3. Investigation instituted by USITC: April 23, 2014.
4. USITC hearing: April 16, 2015.
5. USITC vote: May 19, 2015.
6. USITC notification of Department of Commerce: June 1, 2015.
U.S. Industry:
1. Number of U.S. producers in 2014: 2.
2. Location of producers’ plants: Wisconsin and Alabama.
3. Employment of production and related workers in 2014: [1]
4. U.S. producers’ U.S. shipments in 2014: 1
5. Apparent U.S. consumption in 2014: 1
6. Ratio of subject imports to apparent U.S. consumption in 2014: 1
U.S. Imports in 2014:
1. From the subject countries during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: China.
[1] Withheld to avoid disclosure of business proprietary information.
U.S. Services Providers Remain Competitive in the Global Services Market, Reports USITC
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.
USITC Releases Sixth Annual Report on U.S. Textile and Apparel Imports from China
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.