November 4, 2021
News Release 21-126
Inv. No(s). 337-TA-1286
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Oil-Vaping Cartridges, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain oil-vaping cartridges, 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 Shenzhen Smoore Technology Limited of Bao’an District, Shenzhen, China, on October 4, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain oil-vaping cartridges, components thereof, and products containing the same that infringe patents and a registered trademark 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:

BBTank USA, LLC, of Lambertville, MI;
Glo Extracts of Los Angeles, CA;
BulkCarts.com of Canton, MI;
Greenwave Naturals LLC of Austin, TX;
BoldCarts.com of Tempe, AZ;
Bold Crafts, Inc., of Irvine, CA;
Blinc Group Holdings, LLC, of New York, NY;
Jonathan Ray Carfield d/b/a AlderEgo Wholesale, AlderEgo Holdings, Inc, and AlderEgo Group Limited a/k/a AVID Holdings Limited of Shenzhen, Guangdong, China;
Hanna Carfield of Tacoma, WA;
Next Level Ventures, LLC, of Seattle, WA;
Advanced Vapor Devices, LLC, of Los Angeles, CA;
avd710.com of Seattle, WA;
AlderEgo Group Limited (“AEG”) of Hong Kong;
A&A Global Imports, Inc., d/b/a Marijuana Packaging of Vernon, CA;
Bulk Natural, LLC d/b/a True Terpenes of Portland, OR;
Brand King, LLC, of Sacramento, CA;
ZTCSMOKE USA Inc. of Niceville, FL;
headcandysmokeshop.com of Richmond, BC, Canada;
Head Candy Enterprise Ltd. of Vancouver, BC, Canada;
Green Tank Technologies Corp. of Toronto, ON, Canada;
Cannary Packaging Inc. of Kelowna, BC, Canada;
Cannary LA of Signal Hill, CA;
dcalchemy.com of Phoenix, AZ;
DC Alchemy, LLC, of Phoenix, AZ;
Cartridgesforsale.com of Ypsilanti, MI;
HW Supply, LLC, of Ypsilanti, MI;
International Vapor Group, LLC, of Miami Lakes, FL;
Obsidian Supply, Inc., of Irvine, CA;
Ygreeninc.com of Walnut, CA;
Ygreen Inc. of Walnut, CA;
Atmos Nation LLC of Davie, FL;
shopbvv.com of Naperville, IL;
Best Value Vacs, LLC, of Naperville, IL;
Royalsupplywholesale.com of San Francisco, CA;
Customcanabisbranding.com of San Francisco, CA;
CLK Global, Inc., of San Francisco, CA;
iKrusher.com of Arcadia, CA; and
The Calico Group Inc. of Austin, TX.

By instituting this investigation (337-TA-1286), 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 29, 2021
News Release 21-125
Inv. No(s). 337-TA-1285
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Barcode Scanners, Mobile Computers with Barcode Scanning Capabilities, Scan Engines, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, 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., Hand Held Products, Inc., and Metrologic Instruments, Inc., all of Charlotte, NC, on September 29, 2021.  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, mobile computers with barcode scanning capabilities, scan engines, and components thereof 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:

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

By instituting this investigation (337-TA-1285), 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 28, 2021
News Release 21-124
Inv. No(s). 731-TA-1071 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Alloy Magnesium from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of alloy magnesium 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. 

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 this five-year (sunset) review.

The Commission’s public report Alloy Magnesium from China (Inv. No. 731-TA-1071 (Third Review), USITC Publication 5238, November 2021) will contain the views of the Commission and information developed during the review.

The report will be available by November 29, 2021; 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 Alloy Magnesium from China was instituted on June 1, 2021.

On September 7, 2021, the Commission voted to conduct an expedited review. Commissioners Jason E. Kearns, Randolph J. Stain, David S. Johanson, Rhonda K. Schmidtlein, 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 27, 2021
News Release 21-123
Inv. No(s). 337-TA-1284
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Electronic Devices Having Wireless Communication Capabilities and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices having wireless communication capabilities 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 Northern Research, LLC, of Chicago, IL, on September 27, 2021.  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 having wireless communication capabilities 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 this investigation:

Lenovo Group Ltd. of Haidan District, China;
Lenovo (United States), Inc., of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
TCL Electronics Holdings Limited of Hong Kong;
TCT Mobile (US) Inc. of Irvine, CA;
TTE Technology, Inc., of Corona, CA;
BLU Products, Inc., of Doral, FL;
BBK Electronics Corp. of Dongguan, Guangdong, China;
OnePlus Technology Co., Ltd., of Futian District, Shenzhen, Guangdong, China;
HMD Global Oy of Espoo, Finland;
HMD America, Inc., of Miami, FL; and
Sonim Technlogies, Inc., of Austin, TX.

By instituting this investigation (337-TA-1284), 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 27, 2021
News Release 21-122
Inv. No(s). 337-TA-1283
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Composite Baseball and Softball Bats and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain composite baseball and softball bats 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 Easton Diamond Sports, LLC, on September 27, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain composite baseball and softball bats and components thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

            Juno Athletics LLC of Aventura, FL;
            Monsta Athletics LLC of Calimesa, CA; and
            Proton Sports Inc. of Scottsdale, AZ.

By instituting this investigation (337-TA-1283), 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 26, 2021
News Release 21-121
Inv. No(s). 731-TA-1546-1549 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Thermal Paper from Germany, Japan, Korea, and Spain Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of thermal paper from Germany, Japan, Korea, and Spain that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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. 

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Germany, Japan, Korea, and Spain.

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

The Commission’s public report Thermal Paper from Germany, Japan, Korea, and Spain (Inv. Nos. 731-TA-1546-1549 (Final), USITC Publication 5237, November 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by November 29, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Thermal Paper from Germany, Japan, Korea, and Spain
Investigation Nos. 731-TA-1546-1549 (Final)

Product Description:  Thermal paper in the form of “jumbo rolls” and certain “converted rolls.” The scope covers jumbo rolls and converted rolls of thermal paper with or without a base coat (typically made of clay, latex, and/or plastic pigments, and/or like materials) on one or both sides; with thermal active coating(s) (typically made of sensitizer, dye, and coreactant, and/or like materials) on one or both sides; with or without a top coat (typically made of pigments, polyvinyl alcohol, and/or like materials), and without an adhesive backing. Jumbo rolls are defined as rolls with an actual width of 4.5 inches or more, an actual weight of 65 pounds or more, and an actual diameter of 20 inches or more (jumbo rolls). All jumbo rolls are included in the scope regardless of the basis weight of the paper. Also included in the scope are “converted rolls” with an actual width of less than 4.5 inches, and with an actual basis weight of 70 grams per square meter (gsm) or less. The scope of this investigation covers thermal paper that is converted into rolls with an actual width of less than 4.5 inches and with an actual basis weight of 70 gsm or less in third countries from jumbo rolls produced in the subject countries.

Status of Proceedings:

1.   Type of investigation:  Final antidumping duty investigations.
2.   Petitioners:  Appvion Operations, Appleton, WI; and Domtar Corporation, Fort Mills, SC.
3.   USITC Institution Date:  Wednesday, October 7, 2020.
>4.   USITC Hearing Date:  Tuesday, September 21, 2021.
5.   USITC Vote Date:  Tuesday, October 26, 2021.
6.   USITC Notification to Commerce Date:  Monday, November 15, 2021.

U.S. Industry in 2021:

1.   Number of U.S. producers:  10.
2.   Location of producers’ plants:  Arizona, Kansas, Massachusetts, Michigan, Minnesota, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas Virginia, 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:  Germany, Korea.

 

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

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October 26, 2021
News Release 21-120
Inv. No(s). 337-TA-1282
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Tunable Lenses and Products Containing the Same

The U.S. International Trade Commission (USITC) voted on October 22, 2021, to institute an investigation of certain tunable lenses and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Holochip Corporation of Torrance, CA, on September 27, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tunable lenses and products containing same 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:

            Optotune AG of Dietikon, Switzerland; and
            Edmund Optics, Inc., of Barrington, NJ.

By instituting this investigation (337-TA-1282), 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.

# # #
October 22, 2021
News Release 21-119
Inv. No(s). 731-TA-1070B (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Certain Tissue Paper Products from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of certain tissue paper products 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. 

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 this five-year (sunset) review.

The Commission’s public report Certain Tissue Paper Products from China (Inv. No. 731-TA-1070B (Third Review), USITC Publication 5236, November 2021) will contain the views of the Commission and information developed during the review.

The report will be available by November 24, 2021; 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 Certain Tissue Paper Products from China was instituted on June 1, 2021.

On September 7, 2021, the Commission voted to conduct an expedited review. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, 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 19, 2021
News Release 21-118
Inv. No(s). 701-TA-658-659 and 731-TA-1538-1542 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the governments of Oman and Turkey.

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. 

As a result of the Commission’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from Oman and Turkey and antidumping duty orders on imports of this product from Armenia, Brazil, Oman, Russia, and Turkey.

The Commission’s public report Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey (Inv. Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final), USITC Publication 5235, November 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by November 26, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey
Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final)

Product Description:  Aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil.

Status of Proceedings:

1.   Type of investigation:  Final countervailing duty and antidumping duty investigations.
2.   Petitioners:  Gränges Americas Inc., Franklin, TN; JW Aluminum Company, Daniel Island, SC; and Novelis Corporation, Atlanta, GA.
3.   USITC Institution Date:  Tuesday, September 29, 2020.
4.   USITC Hearing Date:  Tuesday, September 14, 2021.
5.   USITC Vote Date:  Tuesday, October 19, 2021.
6.   USITC Notification to Commerce Date:  Friday, November 5, 2021.

U.S. Industry in 2020:

1.   Number of U.S. producers:  7.
2.   Location of producers’ plants:  Arkansas, Indiana, Kentucky, Missouri, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and West Virginia.
3.   Production and related workers:  1,368.
4.   U.S. producers’ U.S. shipments:  $1 billion.
5.   Apparent U.S. consumption:  $2 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  13.8 percent by value.

U.S. Shipments of Imports in 2020:

1.   Subject sources:  $239 million.
2.   Nonsubject sources:  $262 million.
3.   Leading nonsubject import sources:  Korea, Germany, China.

 

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October 4, 2021
News Release 21-117
Inv. No(s). 701-TA-462 and 731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam and the existing countervailing duty order on imports of this product from Vietnam 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, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam 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 Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third Review), USITC Publication 5233, October 2021) will contain the views of the Commission and information developed during the reviews.

The report will be available by November 8, 2021; 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) reviews concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam were instituted on April 1, 2021.

On July 7, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, 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.

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