USITC | United States International Trade Commission

May 18, 2023
News Release 23-044
Inv. No(s). 731-TA-847 and 849
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Review Concerning Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania

The U.S. International Trade Commission (USITC) today determined that revocation of the existing the antidumping duty order on large-diameter carbon and alloy seamless standard, line, and pressure pipe from Japan and the antidumping duty orders on small-diameter carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania 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 Japan and Romania will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania (Inv. Nos. 731-TA-847 and 849 (Fourth Review), USITC Publication 5427, May 2023) will contain the views of the Commission and information developed during the reviews.

The report will be available by June 23, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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 reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania (Fourth Review) were instituted on October 3, 2022.

On January 6, 2023, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response was adequate and the respondent interested party group responses were inadequate. Commissioners Schmidtlein, Kearns, Stayin, and Karpel voted for expedited reviews. Chairman Johanson voted for full 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.

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May 15, 2023
News Release 23-043
Inv. No(s). 332-588
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Releases Report Concerning the Impact of U.S. Foreign Trade Zones and Similar Programs in Canada and Mexico

The U.S. International Commission (USITC) today released a report on the operation of the U.S. Foreign-Trade Zones (FTZ) program and similar programs (FTZ-type programs) in Canada and Mexico, as well as the impacts of these programs on employment and the cost-competitiveness of products of firms operating in U.S. FTZs.

The investigation, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, was requested by the U.S. Trade Representative in a letter received on December 14, 2021.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the operations of U.S. FTZs and FTZ-type programs, and the effects of relevant policies and practices on employment and the cost-competitiveness of goods produced in U.S. FTZs. As part of its investigation, the Commission conducted a survey of firms producing in U.S. FTZs and used the questionnaire results in its quantitative and qualitative analyses. Per the request, the report includes:

An overview of economic activity in FTZs operating in the United States, Canada, and Mexico, including but not limited to employment, leading sectors, shipments, exports, and foreign direct investment in FTZs;
An overview of current FTZ policies and practices in the United States, Canada, and Mexico;
An analysis of the cost-competitiveness effects of current FTZ policies and practices in the United States, Canada, and Mexico, including effects on relative production costs and U.S. employment; and
Case studies on the impact of U.S. FTZs and FTZ-type programs on the automotive, upholstered furniture manufacturing, petroleum refining, pharmaceutical manufacturing, and warehousing and distribution industries.

Detailed highlights of the Commission's findings can be found in the report's Executive Summary.

Findings include:

Central features of the U.S. FTZ program and FTZ-type programs in Canada and Mexico are the special tariff treatments, principally duty deferral, duty exemption, duty reduction, and duty drawback.
The cost-competitiveness effects of the U.S. FTZ program and FTZ-type programs in Canada and Mexico are impacted by multiple factors, including the design of the programs, national tariff regimes and applicable rates of duty, other trade policies, and material sourcing and destination markets for firms’ shipments.
Canada and Mexico carried out substantial unilateral tariff reductions since the early 1990s (coinciding with the signature and implementation of NAFTA) which impact the attractiveness and usage of their respective FTZ-type programs. Other examples of policies that affect the programs are the restrictions in the North American Free Trade Agreement and the United States-Mexico-Canada Agreement (USMCA) on the use of drawback and duty exemption for goods produced in FTZs and exported to USMCA partner countries. Such restrictions limit duty benefits available under U.S. FTZs and FTZ-type programs in Canada and Mexico.
Overall, U.S FTZs improve cost-competitiveness of U.S. firms primarily through duty reduction on shipments that make customs entry in the United States and duty exemption on direct export shipments from U.S. FTZs. Firms producing in FTZs experienced duty cost savings of $1.2 billion in 2021 using these two features of U.S. FTZs.
Although most firms producing in U.S. FTZs experience net cost savings through use of the program, fewer firms consider their FTZ use to be a factor causing increases in investment, output, or employment in the United States.
The reasons for and benefits of using the programs vary across sectors. In certain sectors, such as the automotive industry, firms cannot use the U.S. FTZ program to reduce their duty costs to zero due to the non-free normal trade relation (NTR) rates of duty applicable to automotive inputs and finished goods. This may put U.S. producers at a competitive disadvantage relative to firms operating in Canada and Mexico due to free rates of duty applicable to most inputs (in the case of Canada) or to the particular features of the FTZ-type programs (in the case of Mexico).

Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico (Investigation No. 332-588, USITC Publication 5423, April 2023) is available on the USITC’s website at https://usitc.gov/publications/332/pub5423.pdf.

About factfinding investigations: USITC general factfinding investigations, such as this one, cover matters related to tariffs, trade, and competitiveness and are generally conducted under section 332(g) of the Tariff Act of 1930 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.

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May 11, 2023
News Release 23-041
Inv. No(s). 337-TA-1363
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Institutes Section 337 Investigation of Certain LiDAR (Light Detection and Ranging) Systems and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain LiDAR (Light Detection and Ranging) systems and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Ouster Inc. of San Francisco, CA, on April 11, 2023, and supplemented on April 19, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain LiDAR (Light Detection and Ranging) systems and components thereof that infringe patents asserted by the complainants. The complainant requests that the USITC issue a permanent limited exclusion order and permanent cease and desist orders.

The USITC has identified the following respondents in this investigation:

Hesai Group of Shanghai, China;
Hesai Technology Co., Ltd., of Shanghai, China; and
Hesai Inc. of Palo Alto, CA.

By instituting this investigation (337-TA-1363), 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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May 11, 2023
News Release 23-042
Inv. No(s). 701-TA-565 and 731-TA-1341
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Review Concerning Certain Hardwood Plywood Products from China

The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping and countervailing duty orders on certain hardwood plywood products (hardwood plywood) from China would be likely to lead to continuation or recurrence of material injury or threat 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 China will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Hardwood Plywood from China (Inv. Nos. 701-TA-565 and 731-TA-1341 (Review), USITC Publication 5426, May 2023) will contain the views of the Commission and information developed during the reviews.

The report will be available by June 16, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The five-year (sunset) reviews concerning Hardwood Plywood from China (Review) were instituted on December 1, 2022.

On March 6, 2023, the Commission voted to conduct expedited reviews. Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Randolph J. Stayin concluded that the domestic interested party group response was adequate and the respondent interested party group response was inadequate and voted for expedited reviews. Chairman David S. Johanson and Commissioner Amy A. Karpel concluded that both the domestic interested party group response and the respondent interested party group response were adequate and voted for full reviews.

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May 8, 2023
News Release 23-040
Inv. No(s). 337-TA-1362
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Liquid Transfer Devices with an Integral Vial Adapter

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain liquid transfer devices with an integral vial adapter. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by West Pharmaceutical Services, Inc., of Exton, PA, and West Pharma. Services IL, Ltd., of Ra'anana, Israel, on April 6, 2023, and supplemented on April 21, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain liquid transfer devices with an integral vial adapter that infringe patents asserted by the complainants. The complainants request that the USITC issue a permanent limited exclusion order and permanent cease and desist orders.

The USITC has identified the following respondents in this investigation:

Advcare Medical, Inc., of New Taipei City, Taiwan;
Dragon Heart Medical Devices Co., Ltd., of Kaiping City, Guangdong Province, China;
Dragon Heart Medical, Inc., of Addison, IL; and
Summit International Medical Technologies, Inc., of Franklin, MA.

By instituting this investigation (337-TA-1362), 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.

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May 4, 2023
News Release 23-039
Inv. No(s). 731-TA-683
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Fresh Garlic from China

The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping duty order on fresh garlic 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 determination, the existing order on imports of this product from China will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Fresh Garlic from China (Inv. No. 731-TA-683 (Fifth Review), USITC Publication 5425, May 2023) will contain the views of the Commission and information developed during the review.

The report will be available by June 9, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

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 Fresh Garlic from China (Fifth Review) was instituted on October 3, 2022.

On January 6, 2023, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response was adequate and the respondent interested party group response was inadequate. Commissioners Schmidtlein, Kearns, Stayin, and Karpel voted for an expedited review. Chairman David S. Johanson voted for a full 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.

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April 27, 2023
News Release 23-037
Inv. No(s). 731-TA-1588-1590
Contact: Elizabeth Nesbitt, 202-205-1819

Preserved Mushrooms from Netherlands, Poland, and Spain Injure U.S. Industry, Says USITC (Corrected)

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of preserved mushrooms from the Netherlands, Poland, and Spain that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from the Netherlands, Poland, and Spain.

The Commission’s public report Preserved Mushrooms from the Netherlands, Poland, and Spain (Inv. Nos. 731-TA-1588-1590 (Final), USITC Publication 5430, May 2023) will contain the views of the Commission and information developed during the investigations.

The report will be available by June 8, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Preserved Mushrooms from the Netherlands, Poland, and Spain
Investigation Nos. 731-TA-1588-1590 (Final)

Product Description: Certain preserved mushrooms are mushrooms of the genus Agaricus that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heat sterilized in containers each holding a net drained weight of not more than 12 ounces (340.2 grams), including but not limited to cans or glass jars, in a suitable liquid medium, including but not limited to water, brine, butter, or butter sauce. The final form of certain preserved mushrooms can be either whole, sliced, or as stems and pieces.

Status of Proceedings:

Type of investigation: Final antidumping duty investigations.
Petitioner: Giorgio Foods, Inc., Blandon, Pennsylvania.
USITC Institution Date: Thursday, March 31, 2022.
USITC Hearing Date: Thursday, November 17, 2022.
USITC Vote Date: Thursday, April 27, 2023.¹
USITC Notification to Commerce Date: Thursday, May 11, 2023.

U.S. Industry in 2021:

Number of U.S. producers: 1.
Location of producer’s plants: Blandon, Pennsylvania.
Production and related workers: ²
U.S. producers’ U.S. shipments: ²
Apparent U.S. consumption: ²
Ratio of subject imports to apparent U.S. consumption: ²

U.S. Imports in 2021:

Subject imports: $65 million.
Nonsubject imports: $15 million.
Leading import sources: The Netherlands, Poland, France, and Spain.

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¹ The Commission voted on its antidumping duty investigation on preserved mushrooms from France on December 19, 2022, and notified Commerce of its determination on January 12, 2023.

² Withheld to avoid disclosure of business proprietary information.

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April 26, 2023
News Release 23-032
Inv. No(s). 731-TA-696
Contact: Elizabeth Nesbitt, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Pure Magnesium from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on pure magnesium 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 determination, the existing order on imports of this product from China will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. Commissioner Randolph J. Stayin did not participate.

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 Pure Magnesium from China (Inv. No. 731-TA-696 (Fifth Review), USITC Publication 5420, May 2023) will contain the views of the Commission and information developed during the review.

The report will be available by June 12, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

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 Pure Magnesium from China was instituted on March 1, 2022.

On June 6, 2022, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel concluded that the domestic interested party group response was adequate and the respondent interested party group response was inadequate. Chairman Johanson and Commissioners Kearns and Karpel voted for a full review. Commissioner Schmidtlein voted for an expedited review. Commissioner Stayin did not participate.

A record of the Commission’s vote to conduct a full 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.

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April 17, 2023
News Release 22-035
Inv. No(s). 332-589
Contact: Jennifer Andberg, 202-205-1819

USITC Releases Report Concerning the AGOA Program and Its Impact on Sub-Saharan Africa’s Economic Development and Workers

The U.S. International Trade Commission (USITC) today released its report African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights (Inv. No. 332-589). This investigation and report were requested by the U.S. House of Representatives Committee on Ways and Means in a letter received on January 19, 2022.

As requested, the USITC, an independent nonpartisan factfinding federal agency, conducted an investigation to gather information on and analyze the AGOA program’s usage and impact in sub-Saharan Africa (SSA). This report provides information and analysis on the background and requirements of the AGOA program, utilization rates, trends in U.S. imports under AGOA, and the impact of the program on regional integration, workers, underserved communities, economic development, job growth, and poverty reduction. The report also includes case studies on four industries present in SSA: apparel, cotton, cocoa, and certain chemicals.

The report finds that the impact of the AGOA program on beneficiary countries can be substantial depending on the sector, especially apparel. Moreover, although the influence throughout SSA as a whole has been minimal, interviews by Commission staff, fieldwork, and some academic literature indicate that AGOA may have had a positive impact in key areas such as poverty reduction and job growth in some countries. The effect was found to be particularly important in the apparel sector and among underserved groups, such as women. Anecdotal evidence indicated that while meeting AGOA eligibility requirements created a positive impact on workers and poverty reduction, the loss of program eligibility due to failure to meet program requirements had a negative impact on beneficiary economies and regional integration.

Additional highlights from the report include:

AGOA benefits accrue to a subset of countries and sectors within SSA. Over three-quarters of non-crude petroleum imports under AGOA originated from five countries during 2014–21: South Africa, Kenya, Lesotho, Madagascar, and Ethiopia. Countries with lower utilization rates typically have few exports to the United States in general, or their primary traded goods are not eligible for AGOA preferences or are already duty free under normal trade relations.
The SSA apparel sector has benefited substantially from the AGOA program. Of non-petroleum imports under AGOA, imports of textile and apparel constitute the largest share. Duty savings of up to 30 percent and the third-country fabric provision have allowed multiple countries to expand their manufacturing capacity. Employment in this sector has provided an avenue for women to enter the formal economy and earn relatively high wages. While there remains little direct usage of SSA-grown cotton and a reliance on East Asian mills for yarn and fabric, there are some limited examples of regional integration connecting SSA producers of textile inputs to apparel manufacturers.
Agricultural products like cotton and cocoa are important sectors for a number of SSA economies. Growing these crops employs millions of farmers across the region, and their export is critical for accessing foreign exchange. Cocoa processing operations in the region allow the export of higher-value commodities like cocoa butter and powder. However, growing cotton and cocoa provides low income and therefore does not provide a reliable pathway for poverty reduction. Additionally, higher income cocoa processing employment is limited. Child work and child labor are present in the industries, particularly on family farms.
Despite the SSA region’s access to ample feedstocks, the chemical industry’s potential impact across the region is limited, and substantial development will likely depend on mitigating competitive infrastructure weaknesses. South Africa is the only AGOA beneficiary or SSA country with an established and comparatively diversified chemical industry, but its growth beyond basic and commodity chemicals has been hindered because of unreliable transportation, water shortages, and a lack of dependable electricity.

African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights (Inv. No. 332-589, USITC Publication 5419, March 2023) is available on the USITC website at https://www.usitc.gov/sites/default/files/publications/332/pub5419.pdf.

About factfinding investigations: USITC general factfinding investigations, such as this one, cover matters related to tariffs, trade, and competitiveness and are generally conducted under section 332(g) of the Tariff Act of 1930 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.

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April 12, 2023
News Release 23-033
Inv. No(s). 337-TA-1359
Contact: Jennifer Andberg, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Portable Battery Jump Starters and Components Thereof (II)

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain portable battery jump starters and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by The NOCO Company of Glenwillow, OH, on February 13, 2023. An amended complaint was filed on March 13, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable battery jump starters and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a permanent limited exclusion order and cease and desist orders.

The USITC has identified the following respondents in this investigation:

Shenzhen Carku Technology Co., Ltd., of Shenzhen, Guangdong, China;
Aukey Technology Co., Ltd., of Shenzhen, China;
Metasee LLC of Pearland, TX;
Ace Farmer LLC of Houston, TX;
Shenzhen Gooloo E-Commerce Co., Ltd., of Shenzhen China;
Gooloo Technologies LLC of Shenzhen, China;
Shenzhen Konghui Trading Co., Ltd., d/b/a Hulkman Direct of Shenzhen, Guangdong, China;
HULKMAN LLC of Santa Clara, CA;
Shenzhen Take Tools Co. Ltd. of Shenzhen, Guangdong, China;
Shenzhenshi Daosishangmao Youxiangongsi d/b/a/ Fanttik Direct of Shenzhen, Guangdong, China;
Shenzhenshi Dianjia Technology Co., Ltd. d/b/a Yesper Direct (Hong Kong Haowei Technology Co. Ltd.) of Hong Kong;
Shenzhenshi Xinmeitemuxiangbao Zhuangyouxiangongsi d/b/a Thikpo (Spanarci) of Shenzhen, Guangdong, China;
Guangzhou Sihao Trading Co., Ltd d/b/a Snailhome (Audew) of Shenzhen, China;
ChangShaHongMaoKai KeJiYouXianGongSi d/b/a TopdonStarter of ChangSha HuNan China;
Shenzhenshi Shoudiankejiyouxiangongsi d/b/a Solvtin of Sshenzhen Longhuaqu China;
Shenzhen Winplus Shenzhen Pinwang Industrial Technology Co., Ltd. of Shenzhen, China;
Winplus North America, Inc. of Costa Mesa, CA;
Winplus NA, LLC of Costa Mesa, CA; and
ADC Solutions Auto LLC d/b/a Type S Auto of Costa Mesa, CA.

By instituting this investigation (337-TA-1359), 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.

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