The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices, semiconductor 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 Bell Semiconductor, LLC of Bethlehem, PA on October 6, 2022 and as amended. Supplements to the complaint were filed on October 21 and October 28, 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 electronic devices, semiconductor devices, 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 the respondents in this investigation:

Acer America Corporation of San Jose, CA;
Acer, Inc. of New Taipei City, Taiwan;
Advanced Micro Devices, Inc. of Santa Clara, CA;
Infineon Technologies AG of Neubiberg, Germany;
Infineon Technologies America Corp. of Milpitas, CA;
Micron Technology, Inc. of Boise, ID;
Motorola Mobility LLC of Chicago, IL;
NVIDIA Corporation of Santa Clara, CA;
NXP B.V. of Eindhoven, Netherlands;
NXP Semiconductors, N.V. of Eindhoven, Netherlands;
NXP USA, Inc. of Austin, TX;
SMC Networks, Inc. d/b/a/ IgniteNet of Irvine, CA; and
Western Digital Technologies, Inc. of San Jose, CA.

By instituting this investigation (337-TA-1340), 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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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 Finished Carbon Steel Flanges from India, Italy, and Spain was instituted on May 2, 2022.

On August 5, 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 responses were 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.

 

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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 Ferrovanadium from South Korea was instituted on April 1, 2022.

On July 5, 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) is undertaking a new factfinding investigation on Pacific Island trade and investment with the United States, including impediments to and opportunities for increased goods and services exports to the United States and U.S. investment in the Pacific Islands.

The investigation, U.S.-Pacific Islands Trade and Investment: Impediments and Opportunities, Inv. No. 332-593, was requested by the U.S. Trade Representative (USTR) in a letter received on September 29, 2022.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the USTR. The report will provide, to the extent practicable:

• an overview of the Pacific Island economies, including major sectors in production, consumption, trade, and employment.
• a description of goods and services exports from the Pacific Islands during the period 2017–21, and identification of major factors that impact those exports to the United States.
• a description of the use of the U.S. General System of Preferences (GSP) program by the Pacific Island countries and identification of the goods from the Pacific Islands that enter the United States under GSP, sectors in which these programs might be underutilized, and factors affecting utilization of GSP.
• a description of foreign investment in the Pacific Islands during the period 2017-21; and identification of major factors affecting investment from the United States.
• identification of major products (including goods covered by the GSP program) and services in the Pacific Islands with greatest potential for export sales to the United States, sectors with U.S. investment potential, and the factors that impede trade and investment with the United States for these products and sectors using qualitative analysis and, to the extent data are available, quantitative analysis.
• a description of initiatives and/or technical assistance that could address such trade and investment impediments, if found during the Commission’s research.

The USITC expects to submit its report to the USTR by September 29, 2023.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on February 14, 2023. A link to the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/calendar.html.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on January 31, 2023, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on April 17, 2023. All written submissions, except for confidential business information, will be available for public inspection. See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and 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 October 28, 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 or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.  

 

About these investigations: USITC general factfinding investigations, such as these, 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 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.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of oil country tubular goods from Argentina, Mexico, Russia, and South Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of Russia and South Korea.

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 countervailing duty orders on imports of this product from Russia and South Korea, and antidumping duty orders on imports of this product from Argentina, Mexico, and Russia.

The Commission also made negative critical circumstances findings with regard to imports of this product from Mexico and Russia. As a result, these imports will not be subject to retroactive antidumping duties.

The Commission’s public report Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea (Inv. Nos. 701-TA-671-672 and 731-TA-1571-1573 (Final), USITC Publication 5381, October 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by November 23, 2022; 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

Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea

Investigation Nos. 701-TA-671-672 and 731-TA-1571-1573 (Final)

Product Description:  The  merchandise covered by these investigations is certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than case iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of these investigations also covers OCTG coupling stock. Excluded from the scope of the investigation are: casing, tubing, or coupling stock containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings; and unattached thread protectors.

Status of Proceedings:

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

2.         Petitioners:  Borusan Mannesmann Pipe U.S., Inc., Baytown, TX; PTC Liberty Tubulars LLC, Liberty, TX; U.S. Steel Tubular Products, Inc., Pittsburgh, PA; Welded Tube USA, Inc., Lackawanna, NY; and the United States Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Pittsburgh, PA.

3.         USITC Institution Date:  Wednesday, October 6, 2021.

4.         USITC Hearing Date:  Thursday, September 22, 2022.

5.         USITC Vote Date:  Wednesday, October 26, 2022.

6.         USITC Notification to Commerce Date:  Monday, November 7, 2022.

U.S. Industry in 2021:

1.         Number of U.S. producers:  18.

2.         Location of producers’ plants:  Alabama, Arkansas, Colorado, Kentucky, Louisiana, New York, Ohio, Oklahoma, Pennsylvania, and Texas.

3.         Production and related workers:  4,779.

4.         U.S. producers’ U.S. shipments:  $2.886 billion.

5.         Apparent U.S. consumption:  $5.117 billion.

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

U.S. Imports in 2021:

1.         Subject imports:  ^[1]

2.         Nonsubject imports:  ¹

3.         Leading import sources:  Argentina, Mexico, Russia, and South Korea

 

 

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) reviews concerning Australia, Brazil, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom were instituted on September 1, 2021.

On December 6, 2021, the Commission voted to conduct full reviews. For Australia, Brazil, Japan, Turkey, Netherlands, 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 response was adequate and voted for full reviews. For Russia and South Korea, 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 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.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart televisions.  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 Maxell, Ltd. of Kyoto, Japan on September 15, 2022 and supplemented on September 26, 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 smart televisions 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 VIZIO, Inc. of Irvine, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1338), 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 smart thermostat hubs, systems containing the same and components of 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 EDST, LLC of Lubbock, TX and Quext IoT, LLC of Lubbock, TX on September 16.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostat hubs, systems containing the same and components of the same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

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

iApartments, Inc. of Tampa, FL;

Hsun Weath Technology Co., Ltd. of Taoyuan City, Taiwan; and

Huarifu Technology Co., Ltd. of Taoyuan City, Taiwan.

By instituting this investigation (337-TA-1339), 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 hazelnuts 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 Pratum Farm, LLC of Salem, OR on September 15, 2022 and supplemented on September 15, October 3, and October 4, 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 hazelnuts and products containing the same by reason of false advertising.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Arslanturk Tarim Urunleri San Ihr Ve Ihr A.S. of Arakli-Trabzon, Turkey;

Balsu Gida San Ve Tic. A.S. of Beykoz Istanbul, Turkey;

Balsu USA of Miami, FL;

Farmeks Tarim Urunleri San Ve Tic. A.S. of Gaziemir/Izmir, Turkey;

Nimeks Organik Tarim Urun San Ve Tic Ltd., STI of Cigli/Izmir, Turkey;

Natural Food Source Inc. of Whitehall, PA;

Progida Tarim Urunleri San Ve Tic. A.S. of Maslak/Sariyer/Istanbul, Turkey; and

Ofi d/b/a Olam Edible Nuts of Fresno, CA.

By instituting this investigation (337-TA-1337), 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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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Sodium Nitrite from Russia

Investigation No.731-TA-1586 (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 antidumping 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:  Monday, October 17, 2022 (Russia antidumping duty).

6. USITC Notification to Commerce Date:  Thursday, October 27, 2022 (Russia antidumping 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.

 

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