The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain quartz slabs and portions thereof (II).  The products at issue in the investigation are quartz slabs to be used, for example, as countertops.

The investigation is based on a complaint filed by Cambria Company LLC of Belle Plaine, MN, on July 11, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain quartz slabs and portions thereof (II) that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

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

Stylen Quaza LLC DBA Vicostone USA of Dallas, TX;
Vicostone Joint Stock Company of Hanoi, Vietnam;
Building Plastics Inc. of Memphis, TN;
Fasa Industrial Corporation, Ltd., of Foshan, Guangdong Province, China;
Foshan FASA Building Material Co., Ltd., of Foshan, Guangdong Province, China;
Solidtops LLC of Oxford, MD;
Dorado Soapstone LLC of Denver, CO; and
Pental Granite and Marble Inc. of Seattle, WA.

By instituting this investigation (337-TA-1017), 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.

President Barack Obama has designated David S. Johanson, a Republican of Texas, as Vice Chairman of the U.S. International Trade Commission (USITC) for the term ending June 16, 2018.

Johanson was nominated to the USITC by President Barack Obama on April 8, 2011, and confirmed by the U.S. Senate on October 31, 2011.   He was sworn in as a member of the Commission on December 8, 2011, for a term expiring on December 16, 2018.

Johanson served as International Trade Counsel on the Republican staff of the Committee on Finance of the U.S. Senate from 2003 until his appointment.   While on the staff of the Committee on Finance, he was responsible for legislative and policy matters involving negotiations of the World Trade Organization, the Free Trade Area of the Americas, the Trans-Pacific Partnership, and numerous free trade agreements.   He assisted in the passage of implementing legislation for free trade agreements between the United States and Australia, Bahrain, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Morocco, Nicaragua, Oman, Panama, Peru, Singapore, and South Korea.   He also worked on legislative matters concerning trade preference programs (the Generalized System of Preferences, the African Growth and Opportunity Act, the Caribbean Basin Initiative, and the Andean Trade Preference Act), Miscellaneous Tariff Bills, Trade Adjustment Assistance, and the trade-related provisions of the 2008 Farm Bill.

Prior to his employment at the Committee on Finance, he practiced international trade law for six years at the law firm of Stewart and Stewart in Washington, D.C.   Earlier in his career, he worked for Senator Phil Gramm (R-TX), Representative Wally Herger (R-CA), and Representative George Radanovich (R-CA).

Johanson holds a Bachelor of Arts degree from Stanford University, a Master of Philosophy degree from Cambridge University, and a Juris Doctor degree from the University of Texas School of Law. He is originally from Austin, Texas.  

The USITC is an independent, nonpartisan, quasi-judicial federal agency that makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent tariff, trade, and competitiveness-related analysis and information to the legislative and executive branches of government; and maintains the U.S. tariff schedule.  Commissioners are appointed by the President and confirmed by the Senate for nine year terms, unless they are appointed to fill unexpired terms.   The Chairman and the Vice Chairman are designated by the President for two-year terms in those positions.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain access control systems and components thereof.  The products at issue in the investigation are barrier movement operators, such as garage or gate openers.

The investigation is based on a complaint filed by The Chamberlain Group Inc. of Elmhurst, IL, on July 5, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain access control systems and components thereof 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:

Techtronic Industries Co. Ltd. of Hong Kong;
Techtronic Industries North America, Inc., of Hunt Valley, MD;
One World Technologies Inc. of Anderson, SC;
OWT Industries Inc. of Pickens, SC;
Ryobi Technologies, Inc., of Anderson, SC; and
Et Technology (Wuxi) Co., Ltd., of Wuxi, Zhejiang, China.

By instituting this investigation (337-TA-1016), 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 recommended to the President that he make certain modifications to the Harmonized Tariff Schedule of the United States (HTS) to conform it with World Customs Organization (WCO) amendments to the global Harmonized System.

The modifications concern the classification of edible fish offal; new subdivisions for coniferous and non-coniferous wood and new HTS subheadings for certain wood of pine, fir, spruce, beech, birch, poplar, aspen, and eucalyptus; and certain bed-nets of warp knit fabrics. 

The USITC’s actions are the latest step in a process that began when WCO officials approved changes to the Harmonized System nomenclature in June 2015.  Countries around the world must incorporate the changes into their own nomenclature systems.  The USITC maintains and updates the HTS, which is the United States' product category system.    

Following expiration of a 60-day layover period before the Congress, the President is authorized to proclaim the modifications to the HTS.  The amendments will enter into force on January 1, 2018.

The Commission’s report, Commission Recommendations to the President to Modify the Tariff Nomenclature in Chapters 3, 44, and 63 of the Harmonized Tariff Schedule, Inv. No. 1205-12, USITC Publication 4621, July 2016, is available on the USITC web site at:  https://www.usitc.gov/publications/tariff_affairs/pub4621.pdf.

Although U.S. Imports of Woven Cotton Bottoms under the EIAP Rose in 2015, Industry Sources Do not Attribute the Increase to the EIAP

Seven years after its implementation, the Earned Import Allowance Program (EIAP) is not providing enough incentives to substantially boost Dominican apparel exports to the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Seventh Annual Review.

The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.

The USITC's seventh annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July 29, 2016. Highlights of the report follow.

• Of the 12 registered firms, only 5 firms are currently using the program, the same number reported in the sixth annual review.

• In 2015, U.S. imports of woven cotton bottoms from the Dominican Republic tripled by value to $8.2 million from $2.7 million in 2014 and increased more than fivefold by quantity. U.S. industry sources attributed these increases, however, to incidental larger orders rather than to incentives offered by the EIAP.  Moreover, the value and quantity of U.S. imports of woven cotton bottoms under the EIAP in 2015 accounted for less than 25 percent and 41 percent, respectively, of what they were at their peak in 2010.

• U.S. exports to the Dominican Republic of cotton fabrics of a weight suitable for making bottoms rose 13 percent by quantity and 11 percent by value between 2014 and 2015.

• Except for one addition, the recommendations offered during the seventh annual review of the EIAP were virtually the same as those received by the Commission during the previous six annual reviews: 1) lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; 2) expanding the program coverage to enable other types of fabrics and apparel items to be included in the EIAP; and 3) changing the requirement that dyeing and finishing of eligible fabrics occur in the United States.  The new recommendation proposed during the seventh annual review was to add countries to the EIAP to foster regional integration and create further opportunities in other CAFTA-DR countries.

Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Seventh Annual Review (Inv. No. 332-503, USITC Publication 4626, July 2016) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4626.pdf  

USITC general factfinding investigations, such as this, 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.

The U.S. International Trade Commission (USITC) today released The Year in Trade 2015, its annual overview of developments regarding the administration of U.S. trade laws and trade agreements.

The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 67th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.

The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2015.

The Year in Trade 2015 covers:

• all U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases active in 2015.  In addition, the 2015 report also covers the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;

• WTO dispute settlement decisions and other significant activities in the WTO,  the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum;

• negotiations regarding the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership, developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and

• bilateral trade issues with major U.S. trading partners—the European Union, China, Canada, Mexico, Japan, South Korea, Taiwan, India, and Brazil.

The report also provides an overview of U.S. trade in goods and services during 2015. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements.

The Year in Trade 2015 (USITC Publication 4627, July 2016) will be posted on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4627.pdf.  Other reports in this series dating back to 1948 can also be found on the Commission’s website at https://www.usitc.gov/research_and_analysis/year_in_trade.htm. 

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hand dryers and housings for hand dryers.  The products at issue in the investigation are hand dryers, including high-efficiency hand dryers typically used in restrooms in commercial settings. 

The investigation is based on a complaint filed by Excel Dryer, Inc., of East Longmeadow, MA, June 24, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hand dryers and housings for hand dryers that infringe the complainant’s trade dress.  The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.

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

ACL Group (Intl.) Ltd. of Doncaster, United Kingdom;
Alpine Industries Inc. of Irvington, New Jersey;
FactoryDirectSale of Ontario, CA;
Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of Xiamen, Fujian, China;
Jinhua Kingwe Electrical Co. Ltd. (a/k/a Kingwe) of Jinhua City, Zhejiang Province, China;
Penson & Co. of Shanghai, China;
Taizhou Dihour Electrical Appliances Co. Ltd. of Wenling City, ZheJiang Province, China;
TC Bunny Co., Ltd., of Shanghai, China;
Toolsempire of Ontario, CA;
US Air Hand Dryer of Sacramento, CA;
Sovereign Industrial (Jiaxing) Co. Ltd. of Jiaxing Zhejiang Jiaxing, China; and
Zhejiang Aike Appliance Co., Ltd. of Xianju, Taizhou, Zhejiang, China.

By instituting this investigation (337-TA-1015), 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 composite intermediate bulk containers.  The products at issue in the investigation are composite intermediate bulk containers for the transportation and storage of materials, primarily liquids.

The investigation is based on a complaint filed by Schütz Container Systems Inc. of North Branch, NJ, on June 22, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain composite intermediate bulk containers that infringe the complainant’s trade dress.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Zhenjiang Runzhou Jinshan Packaging Factory of Hengshun, Zhenjiang, China, as the respondent in this investigation.

By instituting this investigation (337-TA-1014), 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 announced its determinations in its final phase antidumping duty investigation concerning hydrofluorocarbon blends and components from China.

The Commission found two domestic like products in this investigation and determined that a U.S. industry is materially injured by reason of imports of hydrofluorocarbon blends from China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.  The Commission further determined that a U.S. industry is not materially injured or threatened with material injury by reason of hydrofluorocarbon components from China that Commerce has determined are sold in the United States at less than fair value.

All six Commissioners voted in the affirmative with respect to hydrofluorocarbon blends from China and in the negative with respect to hydrofluorocarbon components from China.

As a result of the USITC’s affirmative determination, the Commerce will issue an antidumping duty order on imports of hydrofluorocarbon blends from China.  As a result of the Commission’s negative determination, no orders will be issued on imports of hydrofluorocarbon components from China.

The Commission also made negative findings with respect to critical circumstances with regard to imports of hydrofluorocarbon blends from China.  As a result, goods that entered the United States from China prior to February 1, 2016, will not be subject to retroactive antidumping duties (date is the date of the Department of Commerce’s affirmative preliminary determination).

The Commission’s public report Hydrofluorocarbon Blends and Components from China (Investigation No. 731-TA-1279 (Final), USITC Publication 4629, August 2016) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 26, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Hydrofluorocarbon Blends and Components from China
Investigation No. 731-TA-1279 (Final)

Product Description: Hydrofluorocarbon blends and their hydrofluorocarbon components, whether or not the components are imported for blending, are organic chemical compounds containing only hydrogen, fluorine, and carbon. HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A are composed of two or three of the following HFC components: R-32, R-125, R-134a, and R-143a. Although it is a component in multiple blends, HFC component R-134a is specifically excluded from this investigation. The three component HFCs subject to this investigation are used primarily as inputs for the subject HFC blends but also have limited applications as fire suppressants (R‐125) and propellants (R‐143a). R‐32 was approved in February 2015 for self‐contained air conditioning systems in the U.S. market. The blends are used primarily for low- and medium-temperature refrigeration and air conditioning. The most common applications are residential air conditioning and heat pumps, commercial air conditioning, commercial refrigeration (e.g., walk-in coolers and supermarket display cases), transportation refrigeration, and process refrigeration (e.g., food processing and chemical manufacturing). As they were developed to replace a single refrigerant, R-22, in these low‐ and medium‐temperature conditions, the subject blends have considerable overlap in their applications.

Status of Proceedings:
1. Type of investigation:  Final antidumping.
2. Petitioners: The American HFC Coalition and its members: Amtrol, Inc., West Warwick, RI; Arkema, Inc., King of Prussia, PA; The Chemours Company FC LLC, Wilmington, DE; Honeywell International Inc., Morristown, NJ; Hudson Technologies, Pearl River, NY; Mexichem Fluor Inc., St. Gabriel, LA; Worthington Industries, Inc., Columbus, OH; and District Lodge 154 of the International Association of Machinists and Aerospace Workers.
3. Investigation instituted by USITC: June 25, 2015.
4. USITC hearing: June 21, 2016.
5. USITC vote: July 22, 2016.
6. USITC notification of Department of Commerce: August 5, 2016.

U.S. Industry:
1. Number of component producers in 2015: Two.
2. Location of component producers’ plants:  Kentucky and Louisiana.
3. Number of blend producers in 2015: Six.
4. Location of blend producers’ plants:  Indiana, Kentucky, Louisiana, Michigan, New Jersey, and Texas.
5. Employment of production and related workers in 2015: ^[1]
6. Apparent U.S. consumption in 2015: ¹
7. Ratio of the value of total U.S. imports to total U.S. consumption in 2015: ¹

U.S. Imports:
1. From the subject country during 2015: ¹
2. From other countries during 2015: ¹
3. Leading sources during 2015: ¹

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain potassium chloride powder products.  The products at issue in the investigation are potassium chloride powder products for the treatment of hypokalemia in adults and pediatric patients, particularly, potassium chloride for oral solution. 

The investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., of Allentown, PA; Endo Global Ventures of Hamilton, Bermuda; Endo Ventures Limited of Dublin, Ireland; and Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) of Huntsville, AL, on June 15, 2016.  The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain potassium chloride powder products by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States.  The complainants request 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:

Viva Pharmaceutical Inc. of Richmond, British Columbia, Canada;
Virtus Pharmaceuticals, LLC, of Tampa, FL; and
Virtus Pharmaceuticals OPCO II, LLC, of Nashville, TN.

By instituting this investigation (337-TA-1013), 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.

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