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USITC

October 14, 2022

Inv. No(s). 337-TA-1336

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductor devices, mobile devices 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 Daedalus Prime LLC of Bronxville, NY on September 13, 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 semiconductor devices, mobile devices containing the same, 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:

Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, Republic of Korea;

Samsung Electronics America, Inc., Ridgefield Park, NJ;

Taiwan Semiconductor Manufacturing Company Limited of Hsinchu City, Taiwan; and

TSMC North America, San Jose, CA.

By instituting this investigation (337-TA-1336), 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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October 14, 2022

Inv. No(s). 337-TA-1335

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Integrated Circuits, Mobile Devices Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain integrated circuits, mobile devices 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 Daedalus Prime LLC of Bronxville, NY on September 13, 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 integrated circuits, mobile devices containing the same, 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:

Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, Republic of Korea;

Samsung Electronics America, Inc. of Ridgefield Park, NJ; and

Qualcomm Inc. of San Diego, CA.

By instituting this investigation (337-TA-1335), 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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October 13, 2022

Inv. No(s). 337-TA-1334

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Raised Garden Beds and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain raised garden beds 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 Vego Garden, Inc. of Houston, TX on September 13, 2022, supplemented on September 21, 2022, and amended on September 22, 2022.  The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition.  The amended 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:

Huizhou Green Giant Technology Co., Ltd. of Guangdong, China;

Utopban International Trading Co., Ltd., d/b/a Vegega of Rosemead, CA;

Utopban Limited of Hong Kong;

The Hydro Source Inc., d/b/a Forever Garden Beds of El Monte, CA; and

VegHerb, LLC, d/b/a Frame It All of Cary, NC.

By instituting this investigation (337-TA-1334), 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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October 13, 2022

News Release 22-107

Inv. No(s). 731-TA-1313

Contact: Jennifer Andberg , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning 1,1,1,2-Tetrafluoroethane (R-134a) from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of 1,1,1,2-tetrafluoroethane (R-134a) 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 1,1,1,2-Tetrafluoroethane (R-134a) from China (Inv. No. 731-TA-1313 (First Review), USITC Publication 5378, October 2022) will contain the views of the Commission and information developed during the review.

The report will be available by November 10, 2022; 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 review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning 1,1,1,2-Tetrafluoroethane (R-134a) from China was instituted on March 1, 2022.

On June 6, 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.

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October 12, 2022

Inv. No(s). 337-TA-1333

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II)

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts thereof (II).  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 OPEX Corporation of Moorestown, NJ on September 9, 2022 and supplemented on September 29, 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts 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 this investigation:

HC Robotics (a.k.a. Huicang Information Technology Co., Ltd.) of Hangzhou City, Zheijang Province, China; and

Invata, LLC (d/b/a Invata Intralogistics) of Conshohocken, PA

By instituting this investigation (337-TA-1333), 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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October 11, 2022

News Release 2-105

Inv. No(s). 731-TA-1314

Contact: Jennifer Andberg , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Phosphor Copper from South Korea

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of phosphor copper from South Korea 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 South Korea 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 Phosphor Copper from South Korea (Inv. No. 731-TA-1314 (First Review), USITC Publication 5377, October 2022) will contain the views of the Commission and information developed during the review.

The report will be available by November 15, 2022; 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 review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Phosphor Copper from South Korea was instituted on March 1, 2022.

On June 6, 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.

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October 7, 2022

Inv. No(s). 337-TA-1332

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductors and devices and products containing the same, including printed circuit boards, automotive parts, and automobiles.  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 Daedalus Prime LLC of Bronxville, NY on August 23, 2022 and supplemented on September 12, 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 semiconductors and devices and products containing the same, including printed circuit boards, automotive parts, and automobiles 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 this investigation:

Avnet, Inc. of Phoenix, AZ;

Digi-Key Electronics of Thief River Falls, MN;

Mercedes-Benz Group AG of Stuttgart, Germany;

Mercedes-Benz AG, of Stuttgart-Möhringen, Germany;

Mercedes-Benz USA, LLC of Sandy Springs, GA;

Mouser Electronics, Inc. of Mansfield, TX;

Newark of Chicago, IL;

NXP Semiconductors N.V. of Eindhoven, Netherlands;

NXP USA, Inc. of Austin, TX;

By instituting this investigation (337-TA-XXXX), 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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October 5, 2022

Bulletin 22-042
Inv. No(s). 701-TA-557 and 731-TA-1312 (First Review) (Expedited)

Contact: Jennifer Andberg , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Stainless Steel Sheet and Strip from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty and countervailing duty orders on imports of stainless steel sheet and strip 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 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 this five-year (sunset) review.

The Commission’s public report Stainless Steel Sheet and Strip from China (Inv. Nos. 701-TA-557 and 731-TA-1312 (First Review), USITC Publication 5376, October 2022) will contain the views of the Commission and information developed during the review.

The report will be available by November 3, 2022; 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 inadequa te 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 Sheet and Strip from China was instituted on March 1, 2022.

On June 6, 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.

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September 20, 2022

News Release 22-101

Inv. No(s). 731-TA-1091 (Third Review)(Expedited)

Contact: Jennifer Andberg , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Artists Canvas from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of artists canvas 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 Artists Canvas from China (Inv. No. 731-TA-1091 (Third Review), USITC Publication 5371, September 2022) will contain the views of the Commission and information developed during the review.

The report will be available by October 18, 2022; 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 review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Artists Canvas from China was instituted on February 1, 2022.

On May 9, 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 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.

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September 19, 2022

News Release 22-100

Inv. No(s). 337-TA-1331

Contact: Jennifer Andberg , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain outdoor and semi-outdoor electronic displays, products containing 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 Manufacturing Resources International, Inc. of Alpharetta, GA on August 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 outdoor and semi-outdoor electronic displays, products containing same, and components thereof that infringe certain claims of the 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 this investigation:

Samsung Electronics Co., Ltd. of Yeongtong-Gu, Suwon-si, Gyeonggi-do, Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
Samsung SDS Co. Ltd., Seoul, Korea;
Samsung SDS America, Inc. of Ridgefield Park, NJ;
Coates Signco Pty Limited of Sydney, Australia;
Coates Visual LLC of Chicago, IL; and
Industrial Enclosure Corporation d/b/a Palmer Digital Group of Aurora, IL.

By instituting this investigation (337-TA-1331), 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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