The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation that will examine the impact of tariffs on U.S. imports under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) and section 301 of the Trade Act of 1974 (19 U.S.C. 2232) in effect as of March 15, 2022, as reflected in the Harmonized Tariff Schedule. The Commission’s report will provide detailed information on U.S. trade, production, and prices in the industries directly and most affected by these tariffs.

The Commission was directed to conduct this investigation, Economic Impact of Section 232 and 301 Tariffs on U.S. Industries, Inv. 332-591, as part of the Omnibus Appropriations Act, which was signed into law on March 15, 2022.

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

• background information on the Section 232 and 301 tariffs and an overview of the tariffs that were in effect as of March 15, 2022; and
• an economic analysis of the impact of these tariffs on U.S. trade, production, and prices in the industries most affected by these tariffs.

The USITC expects to submit its report to Congress by March 15, 2023.

The USITC will hold a public hearing in connection with the investigation, beginning at 9:30 a.m. on July 21, 2022. Information about the hearing, including how to participate or observe, will be posted on the Commission’s website no later than June 21, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm. 

Requests to appear at the hearing should be filed no later than 5:15 p.m. on July 6, 2022 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 August 24, 2022. 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 May 5, 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.

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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) reviews concerning Iron Construction Castings from Brazil, Canada, and China were instituted on December 1, 2021.

On March 7, 2022, the Commission voted to conduct expedited reviews for these investigations. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that for these investigations, the domestic group response was adequate, and the respondent group response was inadequate.

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.

 

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain botulinum toxin products and processes for manufacturing or relating to 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 Medytox Inc. of Chungcheongbuk-do, Republic of Korea on March 30, 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 botulinum toxin products and processes for manufacturing or relating to same by reason of theft and conversion and misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure 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 as the respondents this investigation:

Hugel, Inc. of Seoul, Republic of Korea; 
Hugel America, Inc. of Irvine, CA; and 
Croma Pharma GmbH of Leobendorf, Austria. 

By instituting this investigation (337-TA-1313), 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 mobile electronic devices.  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 Maxwell, Ltd. of Kyoto, Japan on March 30, 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 mobile electronic devices.  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:

Lenovo Group Ltd. of Beijing, China; 
Lenovo (United States) Inc. of Morrisville, NC; and 
Motorola Mobility LLC of Libertyville, IL. 

By instituting this investigation (337-TA-1312), 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 centrifuge utility platform and falling film evaporator 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 Apeks, LLC of Johnstown, OH on March 29, 2022, which was supplemented by letter on April 14, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain centrifuge utility platform and falling film evaporator systems and components thereof.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders.  

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

Ambiopharm Inc. of Beech Island, SC; 
Calpha Industries Inc. of Laguna Hills, CA; 
Comerg, LLC of Phoenix, AZ; 
Ezhydro of Sacremento, CA; 
Henan Lanphan Industry Co., Ltd. of Zhengzhou, Henan Province, China; 
HX Labs, LLC of Albany, OR; 
Idea Makers, LLC of Salt Lake City, UT; 
Lab1st Scientific and Industrial Equipment, Inc. of Shanghai, China; 
Miracle Education Distributors, Inc. of Cathedral City, CA; 
Mountain Pure, LLC of Vineyard, UT; 
Redford Management of Los Angeles, CA; 
Ri Hemp Farms, LLC of West Greenwich, RI; 
Shanghai Yuanhuai Industries Co. Ltd. of Shanghai City, China; 
Toption Instrument Co., Ltd. of Shaanxi Province, China; and
Zhangjiagang Chunk Trading Corp. d/b/a Zhangjiagang Charme Trading Corp. Ltd. of Jiangsu Province, China.

By instituting this investigation (337-TA-1311), 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 revoking the existing antidumping duty orders on imports of seamless refined copper pipe and tube from China and Mexico 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 antidumping duty orders on imports of these products from China and Mexico will remain in place.  

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

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Seamless Refined Copper Pipe and Tube from China and Mexico (Inv. Nos. 731-TA-1174-1175 (Second Review), USITC Publication 5323, May 2022) will contain the views of the Commission and information developed during the reviews. 

The report will be available by May 31, 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) reviews concerning Seamless Refined Copper Pipe and Tube from China and Mexico were instituted on November 1, 2021.

On February 4, 2022, the Commission voted to conduct expedited reviews for these investigations. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that for these investigations, the domestic group response was adequate, and the respondent group response was inadequate.

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.

Jason E. Kearns, Chair of the United States International Trade Commission (USITC or Commission), announced today that Namon C. Friends has been designated as the Director of the Office of Equal Employment Opportunity (EEO) at the USITC. Mr. Friends will manage the USITC’s EEO program and policies. He will advise the Chair, the Commission, USITC managers, and staff on all EEO issues, in addition to advising on the Commission’s Diversity, Equity, and Inclusion Program.

Mr. Friends comes to the USITC from the United States Federal Trade Commission’s (FTC) Office of Equal Employment Opportunity & Workplace Inclusion where he has served as an attorney advisor since December 2012, and most recently he was Acting Director of the Office. Mr. Friends is a certified federal EEO Investigator, and he has been working in the field of EEO and civil rights law for over a decade. Prior to the FTC, he worked at the United States Office of Personal Management’s Office of Equal Employment Opportunity and at the Government of the District of Columbia’s Office of Human Rights.

Mr. Friends received his law degree from the University of Illinois College of Law and a bachelor of arts degree in political science from the University of Arizona. He is a member of the Illinois Bar.

Born in New Jersey, Mr. Friends and his wife have two children, ages four and ten. He is a volunteer board member of University Legal Services, the protection and advocacy organization for people with disabilities in Washington, D.C.

 

The USITC is an independent, nonpartisan, quasi-judicial federal agency that investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry, violations of U.S. intellectual property rights, or other unfair methods of competition in connection with imported goods; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Walk-Behind Snow Throwers from China
Investigation Nos. 701-TA-666 and 731-TA-1558 (Final)

Product Description: 

Snow throwers are generally used to clear snow, primarily in residential and smaller commercial settings. They are intended for consumer household use but may also be used by professional landscapers and snow removal companies. Snow throwers (also referred to as “snow blowers”) are rotary-powered snow throwing machines that can be either self-propelled or non-self-propelled (pushed). Snow throwers as defined in Commerce’s scope are controlled by an operator walking behind the snow thrower, typically have a clearing width of 12 to 60 inches, and include finished and unfinished gas-powered snow throwers, which are generally considered more powerful and faster than electric or battery-powered snow throwers.

Status of Proceedings:

1. Type of investigation:  Final countervailing duty and antidumping duty investigations.
2. Petitioners:  MTD Products Inc. (“MTD”), Valley City, Ohio.
3. USITC Institution Date:  Tuesday, March 30, 2021.
4. USITC Hearing Date:  Wednesday, March 23, 2022.
5. USITC Vote Date:  Friday, April 22, 2022.
6. USITC Notification to Commerce Date:  Wednesday, May 5, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers:  6.
2. Location of producers’ plants: Ohio, Minnesota, Mississippi, North Carolina, South Carolina, Tennessee, and Wisconsin
3. Production and related workers:  1,439.
4. U.S. producers’ U.S. shipments:  311,380.
5. Apparent U.S. consumption:  ^[1] 
6. Ratio of subject imports to apparent U.S. consumption:  ¹

U.S. Imports in 2020:

1. Subject imports:  ¹
2. Nonsubject imports:  ¹
3. Leading import sources:  China and Mexico.

 

Jason E. Kearns, Chair of the United States International Trade Commission (USITC), announced today that Judge Bryan F. Moore will become an Administrative Law Judge (ALJ) at the USITC effective May 9, 2022.  Moore will manage an active litigation docket, preside over evidentiary hearings, and make initial determinations in the in Section 337 investigations, most of which involve allegations of patent and trademark infringement.

Moore has served as an Administrative Patent Judge (APJ) at the U.S. Patent and Trademark Office (USPTO) since 2012 where he adjudicated cases before the Patent Trial and Appeal Board, determined appeals on decisions of patent examiners, and presided over hearings under the Leahy-Smith America Invents Act.  Prior to his appointment as APJ, Judge Moore worked as an investigative attorney in the USITC’s Office of Unfair Import Investigations from 2005-2012.  In his time at the USITC, he represented the public interest in Section 337 investigations involving alleged patent infringement.   

Moore began his career practicing law at the firms of Fish and Neave, as well as Hunton and Williams, LLP, among others, litigating patent cases; he also prosecuted patent applications before the USPTO related to electronic communications systems and financial services inventions.  

Moore holds a juris doctor degree from the Georgetown University Law Center and a bachelor of science degree in electrical engineering from Stanford University. 

 

The USITC is an independent, nonpartisan, quasi-judicial federal agency that investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry, violations of U.S. intellectual property rights, or other unfair methods of competition in connection with imported goods; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Organic Soybean Meal from India
Investigation Nos. 701-TA-667 and 731-TA-1559 (Final)

 

Product Description:  The merchandise subject to these investigations is certified organic soybean Meal (OSBM). Certified organic soybean meal results from the mechanical pressing of certified organic soybeans into ground products known as soybean cake, soybean chips, or soybean flakes, with or without oil residues. Soybean cake is the product after the extraction of part of the oil from soybeans. Soybean chips and soybean flakes are produced by cracking, heating, and flaking soybeans and reducing the oil content of the conditioned product. Certified organic soybean meal is certified by the U.S. Department of Agriculture (USDA) National Organic Program (NOP) or equivalently certified to NOP standards or NOP-equivalent standards under an existing organic equivalency or recognition agreement. Certified organic soybean meal covered by these investigations has a protein content of 34 percent or higher.

Status of Proceedings:

1. Type of investigation:  Final countervailing duty and antidumping duty investigations.
2. Petitioners:  Organic Soybean Processors of America, Washington D.C., American Natural Processors, LLC, Dakota Dunes, South Dakota, Organic Production Services, LLC, Weldon, North Carolina, Professional Proteins Ltd., Washington, Iowa, Sheppard Grain Enterprises, LLC, Phelps, New York, Simmons Grain Co., Salem, Ohio, Super Soy, LLC, Brodhead, Wisconsin, and Tri-State Crush, Syracuse, Indiana.
3. USITC Institution Date:  Wednesday, March 31, 2021.
4. USITC Hearing Date:  Wednesday, March 16, 2022.
5. USITC Vote Date:  Monday, April 18, 2022.
6. USITC Notification to Commerce Date:  Monday, May 05, 2022.

U.S. Industry in 2021:

1. Number of U.S. producers:  10
2. Location of producers’ plants:  California, Illinois, Indiana, Iowa, New York, Ohio, and Wisconsin
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:  ¹
2. Nonsubject imports:  ¹
3. Leading import sources:  India

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