The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping duty order on cased pencils 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 Cased Pencils from China (Inv. No. 731-TA-669 (Fifth Review), USITC Publication 5411, March 2023) will contain the views of the Commission and information developed during the review. 

The report will be available by March 31, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. 

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Cased Pencils from China (Fifth Review) was instituted on August 1, 2022.

On November 4, 2022, 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 group response was adequate and the respondent group response was inadequate and voted for an expedited review. 

A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pick-up truck folding bed cover 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 Extang Corporation of Ann Arbor, MI; Laurmark Enterprises, Inc., d/b/a BAK Industries of Ann Arbor, MI; and UnderCover, Inc., of Rogersville, Missouri, on January 19, 2023, and supplemented on January 23, 2023, and February 9, 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 pick-up truck folding bed cover systems and components thereof that infringe patents asserted by the complainant. The complainants request 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 respondents in this investigation:

• 4 Wheel Parts of Compton, CA; 
• American Trucks of Lenexa, KS; 
• Auto Dynasty a/k/a Shun Fung International Inc. of City of Industry, CA; 
• AUTOSTARLAND Technology (US), Inc., of Riverside, CA; 
• DNA Motoring of City of Industry, CA; 
• Fanciest Pickup Accessories of Riverside, CA; 
• Future Trucks a/k/a Future Trading Company, LLC, of Houston, TX; 
• Ikon Motorsports, Inc. of City of Industry, CA; 
• Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a KSC Auto of Pinghu City, Zhejiang, China; 
• Kiko Kikito of Ruian City Wenzhou, Zhejiang, China; 
• Lyon Cover Auto a/k/a Truck Tonneau Covers, of Wenzhou City, Zhejiang Province, China; 
• Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. Cixi, Ningbo City, Zhejiang, China; 
• MOSTPLUS Auto of Chai Wan, Hong Kong, China; 
• Newpowa America, Inc. of Ontario, CA; 
• New Home Materials, Inc. of Riverside, CA; 
• OEDRO of Kent, WA;
• Pickup Zone a/k/a Dai Qun Feng of Riverside, CA; 
• RDJ Trucks, LLC of Talmo, GA; 
• Smittybilt, Inc. of Compton, CA; 
• Trek Power, Inc. of Placentia, CA; 
• Wenzhou Tianmao Automobile Parts Co., Ltd. Wenzhou, Zhejiang, China.

By instituting this investigation (337-TA-1353), 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 revocation of the antidumping duty order on light-walled rectangular pipe and tube from Taiwan 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 Taiwan 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 Light-Walled Rectangular Pipe and Tube from Taiwan (Inv. No. 731-TA-410 (Fifth Review), USITC Publication 5410, February 2023) will contain the views of the Commission and information developed during the review. 

The report will be available by March 22, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. 

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Light-Walled Rectangular Pipe and Tube from Taiwan (Fifth Review) was instituted on July 1, 2022.

On October 4, 2022, 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 group response was adequate and the respondent group response was inadequate. Commissioners Schmidtlein, Kearns, Stayin, and Karpel voted for an expedited review. Chairman 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.
 

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

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 and countervailing duty orders on imports of this product from India. 

The Commission’s public report Sodium Nitrite from India (Inv. Nos. 731-1585 and 701-679 (Final), USITC Publication 5408, February 2023) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 20, 2023; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Sodium Nitrite from India
Investigation Nos: 731-1585 and 701-679 (Final)

Product Description: Sodium nitrite (NaNO₂, CAS registry number 7632-00-0) is an industrial chemical sold in solid or liquid form. Sodium nitrite is used in a wide range of industrial applications, including corrosion inhibition, detinning scrap tinplate, phosphating metals, and organic syntheses, notably the production of organic amines. Additional applications include the production of dyes and synthetic rubber, preservation of cured meat, and control of odor and inhibition of bacterial growth in wastewater treatment. It also serves in heat treating salts to harden metals, as an antidote to cyanide poisoning, and in military applications, including ammunition and explosives. These investigations cover sodium nitrite in any form, at any purity level.

Status of Proceedings:

• Type of investigation:  Final countervailing duty and antidumping duty investigations.¹  
• Petitioner:  Chemtrade Chemicals US LLC, Parsippany, New Jersey.
• USITC Institution Date:  Thursday, January 13, 2022.
• USITC Hearing Date:  Tuesday, June 21, 2022.
• USITC Vote Date:  Wednesday February 8, 2023 (India investigations).
• USITC Notification to Commerce Date:  Monday, February 20, 2023 (India investigations).

U.S. Industry in 2021:

• Number of U.S. producers:  2.
• Location of petitioner’s plant:  New York.
• 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:  $6.7 million.
• Nonsubject imports:  $40 thousand.
• Leading import sources:  India and Russia

__________________

 ¹ The Commission voted on its antidumping and countervailing duty investigations on sodium nitrite from Russia on July 27, 2022, and October 17, 2022, respectively, and notified Commerce of its determinations on August 15, 2022, and October 27, 2022, respectively.
² Withheld to avoid disclosure of business proprietary information.

 

The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping duty order on furfuryl alcohol 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 Furfuryl Alcohol from China (Inv. No. 731-TA-703 (Fifth Review), USITC Publication 5407, February 2023) will contain the views of the Commission and information developed during the review. 

The report will be available by March 15, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. 

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Furfuryl Alcohol from China (Fifth Review) was instituted on July 1, 2022.

On October 4, 2022, 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 group response was adequate and that the respondent group response was inadequate. Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. 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.

 

 

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing same. 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 Viking Therapeutics, Inc., of San Diego, CA, on December 29, 2022, and supplemented on January 13, 2023. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the United States of certain selective thyroid hormone receptor-beta agonists, processes for manufacturing or relating to same, and products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States or prevent the establishment of an industry in the United States. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

• Ascletis Pharma Inc. of Hangzhou, Zhejiang Province, China; 
• Ascletis Pharmaceuticals Co. Ltd. of Shaoxing, Zhejiang Province, China; 
• Ascletis Bioscience Co., Ltd., of Hangzhou, Zhejiang Province, China; 
• Gannex Pharma Co., Ltd., of Shanghai, China; and 
• Jinzi Jason Wu of Seattle, WA.

By instituting this investigation (337-TA-1352), 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) voted to institute an investigation of certain active matrix organic light-emitting diode display panels and modules for mobile devices, 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 Samsung Display Co., Ltd. of Gyeonggi-do, Republic of Korea on December 28, 2022, and supplemented on January 17, 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 active matrix organic light-emitting diode display panels and modules for mobile devices, and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order (or, in the alternative, limited exclusion orders) and cease and desist orders.  

The USITC has identified the following respondents in this investigation:

• Apt-Ability, LLC d/b/a MobileSentrix of Chantilly, VA; 
• Mobile Defenders, LLC of Caledonia, MI; 
• Injured Gadgets, LLC of Norcross, GA; 
• Group Vertical, LLC of Grand Rapids, MI; 
• Electronics Universe, Inc. d/b/a Fixez.com of Las Vegas, NV; 
• Electronics Universe, Inc. d/b/a Repairs Universe, LLC of Las Vegas, NV; 
• LCTech International Inc. d/b/a SEGMobile.com of City of Industry, CA; 
• Sourcely Plus LLC of Tempe, AZ; 
• eTech Parts Plus, LLC of Southlake, TX; 
• Parts4Cells, Inc. of Houston, TX; 
• Wholesale Gadget Parts, Inc. of Bixby, OK; 
• Captain Mobile Parts Inc.of Dallas, TX; 
• DFW Imports LLC d/b/a DFW Cellphone and Parts of Dallas, TX; 
• Phone LCD Parts LLC of Wayne, NJ; 
• Parts4LCDof Wayne of NJ; 
• Mengtor Inc. of El Monte, CA; and
• Gadgetfix Corp. of Irvine, CA.

By instituting this investigation (337-TA-1351), 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) voted to institute an investigation of certain integrated circuits, components thereof, and products containing the same.  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 Realtek Semiconductor Corporation of Hsinchu, Taiwan on December 12, 2022, amended on December 23, 2022, and supplemented on January 17, 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 integrated circuits, components thereof, and products containing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified Advanced Micro Devices, Inc. of Santa Clara, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1350), 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) voted to institute an investigation of components for certain environmentally-protected LCD digital displays and products containing same.  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 Samsung Electronics Co., Ltd. of Gyeonggi-do, South Korea, Samsung Electronics America, Inc. of Ridgefield Park, NJ, Samsung Research America, Inc. of Mountain View, CA, and Samsung International, Inc. of Chula Vista, CA on December 5, 2022, as supplemented on December 19, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of components for certain environmentally-protected LCD digital displays and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified Manufacturing Resources International, Inc. of Alpharetta, GA as the respondent in this investigation.

By instituting this investigation (337-TA-1349), 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) voted to institute an investigation of certain cabinet x-ray and optical camera 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 KUB Technologies, Inc. of Stratford, CT on November 25, 2022, as supplemented on December 9, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cabinet x-ray and optical camera systems and components thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified following respondents in this investigation:

CompAI Healthcare (Shenzhen) Co., Ltd. of Shenzhen, Guangdong, China;

CompAI Healthcare (Suzhou) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai Medical Technology (Changchun) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai (Beijing) Medical Equipment Co., Ltd. of Suzhou, Jiangsu, China; and

Dilon Technologies, Inc. of Newport News, VA.

By instituting this investigation (337-TA-1348), 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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