USITC

July 27, 2022
News Release 22-082
Inv. No(s). 701-TA-680
Contact: Jennifer Andberg, 202-205-1819

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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Sodium Nitrite from Russia

Investigation No. 701-TA-680 (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:

1. Type of investigation:  Final countervailing duty investigation.

2. Petitioner:  Chemtrade Chemicals US LLC, Parsippany, New Jersey

3. USITC Institution Date:  Thursday, January 13, 2022.

4. USITC Hearing Date:  Tuesday, June 21, 2022.

5. USITC Vote Date:  Wednesday, July 27, 2022 (Russia countervailing duty).

6. USITC Notification to Commerce Date:  Monday, August 15, 2022 (Russia countervailing duty).

 

U.S. Industry in 2021:

1. Number of U.S. producers:  2.

2. Location of petitioner’s plant:  New York

3. Production and related workers:  ¹

4. U.S. producers’ U.S. shipments:  ¹

5. Apparent U.S. consumption:  ¹

6. Ratio of subject imports to apparent U.S. consumption:  ¹

 

U.S. Imports in 2021:

1. Subject imports:  $6.7 million.

2. Nonsubject imports:  $40 thousand.

3. Leading import sources:  India and Russia.

July 26, 2022
News Release 22-081
Inv. No(s). 731-TA-825-826
Contact: Jennifer Andberg, 202-205-1819

 

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 Polyester Staple Fiber from South Korea and Taiwan was instituted on January 3, 2022.

On April 8, 2022, 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 group response was adequate and the respondent group responses were inadequate.  Chairman Johanson voted for full reviews, and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted for expedited reviews.

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

 

July 22, 2022
News Release 22-080
Inv. No(s). U.S.-Korea FTA-103-033
Contact: Jennifer Andberg, 202-205-1819

The United States International Trade Commission (USITC) is seeking input on a newly initiated investigation concerning a proposed modification to the United States-Korea Free Trade Agreement (KORUS) rules of origin.

The investigation, Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea FTA Rules of Origin (Inv. No. U.S.-Korea FTA-103-033) was requested by the U.S. Trade Representative (USTR) in a letter received on July 5, 2022. The letter included an attachment detailing the textile and apparel articles affected by the proposed modification. 

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed KORUS rules of origin modification on U.S. trade under the KORUS, total U.S. trade, and domestic producers of the affected articles.

The USITC expects to submit its advice to the USTR by November 4, 2022. A public version of the report, with all confidential business information deleted, will be released as soon as possible thereafter.

The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on August 26, 2022.

IMPORTANT:  All written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@USITC.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated July 21, 2022, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.

July 20, 2022
News Release 22-079
Inv. No(s). 701-TA-540-543 and 731-TA-1283-1287 and 1290
Contact: Laura Bloodgood, 202-934-5625

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of cold-rolled steel flat products from China, India, Japan, South Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, and that revoking the existing antidumping and countervailing duty orders on imports of cold-rolled steel flat products from Brazil would not 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 this product from China, India, Japan, South Korea, and the United Kingdom will remain in place. As a result of the Commission’s negative determinations, the existing orders on imports of these products from Brazil will be ended.

For the reviews of imports from China, India, Japan, South Korea, and the United Kingdom, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. For the reviews of imports from Brazil, Chairman David S. Johanson and Commissioners Jason E. Kearns and Amy A. Karpel voted in the negative. Commissioners Rhonda K. Schmidtlein and Randolph J. Stayin 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 Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom (Inv. Nos. 701-TA-540-543 and 731-TA-1283-1287 and 1290 (First Review), USITC Publication 5339, August 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by August 17, 2022; 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 Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom was instituted on June 1, 2021.

On September 7, 2021, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that for the reviews concerning China, India, and South Korea, the domestic group response was adequate and the respondent group responses were inadequate and voted for full reviews. For the reviews concerning Brazil, Japan, and the United Kingdom, 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 responses were adequate and voted for full reviews.

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

July 18, 2022
News Release 22-077
Inv. No(s). 701-TA-668-669 and 731-TA-1565-1566
Contact: Jennifer Andberg, 202-205-1819

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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Urea Ammonium Nitrate (UAN) Solutions from Russia and Trinidad and Tobago

Investigation Nos: 701-TA-668-669 and 731-TA-1565-1566 (Final)

Product Description:Urea ammonium nitrate solutions (UAN) are a class of nitrogen fertilizers primarily composed of urea, ammonium nitrate, and water. The production of UAN uses natural gas as the primary input to manufacture ammonia, which is subsequently and separately transformed into urea and ammonium nitrate. These two kinds of nitrogen fertilizers are then mixed in roughly equal amounts with water to yield a solution with 28-32 percent nitrogen content. Urea and ammonium nitrate provide crop nutrition at different stages of plant growth. As a liquid, UAN can easily be blended with other fertilizers and pesticides during application. The current popularity of UAN use in its major markets of the United States and Europe is incentivized where transportation, storage, and distribution infrastructure is available.

Status of Proceedings:

1. Type of investigation: Final countervailing duty and antidumping duty investigations.

2. CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC, all of Deerfield, Illinois.

3. USITC Institution Date:Wednesday, June 30, 2021.

4. USITC Hearing Date: Thursday, June 16, 2022.

5. USITC Vote Date: Monday, July 18, 2022.

6. USITC Notification to Commerce Date: Monday, August 1, 2022.

U.S. Industry in 2021:

1. Number of U.S. producers: 8.

2. Location of producers’ plants: Alabama, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, Oregon, Washington, and Wyoming

3. Production and related workers:1,473.

4. U.S. producers’ U.S. shipments: $3.0 billion.

5. Apparent U.S. consumption:$3.7 billion.

6. Ratio of subject imports to apparent U.S. consumption by value:14.4 percent.

U.S. Imports in 2021:

1. Subject imports: $539.9 million.

2. Nonsubject imports: $184.9 million.

3. Leading import sources: Russia, Trinidad and Tobago, Canada, Algeria, and the Netherlands.

July 11, 2022
News Release 22-75
Inv. No(s). 731 TA-1567-1569 (Final)
Contact: Jennifer Andberg, 202-205-1819

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of Acrylonitrile-Butadiene Rubber from France, Mexico, and South Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Acrylonitrile-Butadiene Rubber from France, Mexico, and South Korea
Investigation Nos. 731 TA-1567-1569 (Final)

Product Description: 

The product covered by these investigations is commonly referred to as acrylonitrile butadiene rubber or nitrile rubber, a synthetic rubber produced by the emulsion polymerization of butadiene and acrylonitrile with or without the incorporation of a third component selected from methacrylic acid or isoprene. Coverage includes the product in solid or non-aqueous liquid form and includes carboxylated acrylonitrile butadiene rubber. The product is sold to customers who use it in downstream production of various products. It is most used in applications where a moderate level of heat and oil or fuel resistance is required, such as applications in the industrial hose, automotive, and the oil and gas industries. Downstream product applications include, but are not limited to, hoses, air ducts, oil and gas components, construction insulation, adhesives, mats, wires and cables, and seals for automotive and industrial use.

Status of Proceedings:

1. Type of investigation:  Final antidumping duty investigations.
2. Petitioners:  Zeon Chemicals L.P., Louisville, KY; Zeon GP, LLC, Louisville, KY (collectively "Zeon").
3. USITC Institution Date:  Wednesday, June 30, 2021.
4. USITC Hearing Date:  Wednesday, June 1, 2022.
5. USITC Vote Date:  Monday, July 11, 2022.
6. USITC Notification to Commerce Date:  Monday, August 1, 2022.

U.S. Industry in 2021:

1. Number of U.S. producers:  1.
2. Location of producer’s plant:  Kentucky.
3. Production and related workers: [1]
4. U.S. producer’s U.S. shipments: ¹
5. Apparent U.S. consumption:  $165.1 million.
6. Ratio of subject imports to apparent U.S. consumption:  54.4 percent.

 U.S. Imports in 2021:

1. Subject imports:  $89.8 million.
2. Nonsubject imports:  ¹
3. Leading import sources:  France, Japan, Mexico, and South Korea.

    

    

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   [1] Withheld to avoid disclosure of business proprietary information.

July 7, 2022
News Release 22-074
Inv. No(s). 332-586
Contact: Jennifer Andberg, 202-205-1819

Foreign censorship and related measures led to significant foregone revenues for U.S. businesses annually and restricted the opportunity of U.S. businesses to provide services to hundreds of millions of users in China, according to a new report by the U.S. International Trade Commission (USITC or Commission). 

The investigation, Foreign Censorship, Part 2: Trade and Economic Effects on U.S. Businesses, was requested by the Senate Committee on Finance (Committee) in a letter received on April 8, 2021. This report is the second of two reports on foreign censorship requested by the Committee. 

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the impacts to U.S. businesses of foreign censorship in the key markets of China, Russia, Turkey, Vietnam, India, and Indonesia through the application of case studies and a survey. Findings from the report include:

• Based on the survey results, businesses providing media and digital services are those most likely to be affected by censorship-related measures in China. Almost a quarter of U.S. media and digital service providers in China that were able to enter the Chinese market, representing more than half of the 2020 global revenue of all U.S. media and digital service providers active in China, experienced censorship-related measures. A significantly higher share of large businesses experienced censorship-related measures in China than small and medium-sized businesses.  For U.S. media and digital service providers that experienced censorship:
  • Almost three-quarters were concerned about negative impacts on their operations in China, including their ability to provide products and services in China. Most also noted that censorship-related measures in China have become more challenging to manage in the past few years.
  • Almost 40 percent indicated that they had to self-censor to provide their products or services in China.
  • Over 40 percent experienced increased costs of doing business in China and/or lost revenue in China as a result of censorship-related measures.
• Based on the case studies, the Commission estimates that the largest impacts associated with censorship-related measures are the forgone revenues from market access denial to businesses that provide social media platforms, over-the-top communications services, and internet search services, as well as audiovisual content.

Foreign Censorship, Part 2: Trade and Economic Effects on U.S. Businesses (Investigation No. 332-586, USITC Publication 5334, July 2022) is available on the USITC’s website at https://www.usitc.gov/publications/332/pub5334.pdf. The first report, Foreign Censorship, Part 1: Policies and Practices Affecting U.S. Businesses (Investigation No. 332-585, USITC Publication 5244, December 2021), is available on the USITC’s website at https://www.usitc.gov/publications/332/pub5244.pdf.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade 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 report conveys 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. 

July 6, 2022
News Release 22-073
Inv. No(s). 701-TA-379 and 731-TA-788, 792, and 793 (Fourth Review) (Expedited)
Contact: Jennifer Andberg, 202-205-1819

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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 Stainless Steel Plate from Belgium, South Africa, and Taiwan was instituted on December 1, 2021.

On March 7, 2022, 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 group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.   

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

June 22, 2022
News Release 22-071
Inv. No(s). 337-TA-1321
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same 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 Honeywell International Inc. of Charlotte, NC and Hand Held Products, Inc. of Charlotte, NC on May 20, 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 barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same and components thereof that infringe patents asserted by the complainants. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

Zebra Technologies Corporation of Lincolnshire, IL; and
Symbol Technologies, Inc. of Holtsville, NY.

By instituting this investigation (337-TA-1321), 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.

June 21, 2022
News Release 22-070
Inv. No(s). 332-TA-1320
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain universal golf club shaft and golf club head connection adaptors, certain 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 Club-Conex, LLC of Scottsdale, AZ on May 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 certain universal golf club shaft and golf club head connection adaptors, certain 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 Top Golf Equipment Co. Limited of Shenzen, GuangDong, China as the respondent this investigation.

By instituting this investigation (337-TA-120x), 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.