The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wet dry surface cleaning 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 Bissell Inc. of Grand Rapids, MI and Bissell Homecare, Inc. of Grand Rapids, MI, on February 2, 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 wet dry surface cleaning devices.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

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

Tineco Intelligent Technology Co., Ltd. of Wuzhong District, Suzhou City, China;
TEK (HongKong) Science & Technology Ltd. of Causeway Bay, Honk Kong; and
Tineco Intelligent, Inc. of Seattle, WA.

By instituting this investigation (337-TA-1304), 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) has voted to institute an investigation of certain products containing pyraclostrobin 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 BASF SE of Ludwigshafen, Germany and BASF Corporation of Florham Park, NJ, on January 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 products containing pyraclostrobin and components thereof.  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:

Sharda Cropchem Ltd., of Mumbai, Maharashtra, India; and
Sharda USA LLC, of Norristown, PA.

By instituting this investigation (337-TA-1303), 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 United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of sodium nitrite from India and Russia that are allegedly subsidized and 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, the U.S. Department of Commerce will continue its investigations of imports of sodium nitrite from India and Russia, with its preliminary countervailing duty determinations due on or about April 8, 2022, and its preliminary antidumping duty determinations due on or about June 22, 2022.

The Commission’s public report Sodium Nitrite from India and Russia (Inv. Nos. 701-TA-679-680 and 731-TA-1585-1586 (Preliminary), USITC Publication 5294, March 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available after March 21, 2022; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Sodium Nitrite from India and Russia
Investigation Nos: 701-TA-679-680 and 731-TA-1585-1586 (Preliminary)

Product Description:  Sodium nitrite (NaNO2) is an industrial chemical that is sold as a solid that may or may not be treated with an anti-caking agent, or a liquid, typically a 40 percent solution with water. Sodium nitrite is used in a wide range of end uses, including producing chemicals and dyes, metal coating, detinning, plating, wastewater treating, meat curing for food preservatives, ammunition for military applications, treating lumber, and some medical applications, including as an antidote to cyanide poisoning.

Status of Proceedings:

1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners:  Chemtrade Chemicals U.S., Parsippany, NJ
3. USITC Institution Date:  Thursday, January 13, 2022.
4. USITC Conference Date:  Thursday, February 03, 2022.
5. USITC Vote Date:  Friday, February 25, 2022.
6. USITC Notification to Commerce Date:  Monday, February 28, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers:  1.
2. Location of producer’s plants:  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 2020:

1. Subject imports:  $5 million.
2. Nonsubject imports:  $118 thousand.
3. Leading import sources:  Australia, Canada, India, Russia.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Barium Chloride from India
Investigation Nos. 701-TA-678 and 731-TA-1584 (Preliminary)

Product Description:  Barium chloride is a solid chemical compound having the formula BaCl₂-2H₂O (if in crystalline form) or BaCl₂ (if in powdered, or anhydrous, form). The bulk of barium chloride is sold in the crystalline form, which is used primarily as an intermediate in the production of molecular catalyst sieves, which in turn are used in oil refinery complexes to separate out industrially useful paraxylene molecules from other mixed xylenes. The anhydrous form of barium chloride is used primarily as an ingredient in heat-treating salts and metal fluxes—molten baths used to harden metal parts, usually small specialty steel parts such as tools and dies.

Status of Proceedings:

1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioner:  Chemical Products Corp., Cartersville, Georgia.
3. USITC Institution Date:  January 12, 2022.
4. USITC Conference Date:  February 02, 2022.
5. USITC Vote Date:  February 25, 2022.
6. USITC Notification to Commerce Date:  February 28, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers:  1.
2. Location of producer’s plant(s):  Georgia.
3. Production and related workers:  ^[1]
4. U.S. producer’s 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 2020:

1. Subject imports: ¹
2. Nonsubject imports: ¹
3. Leading import sources:  India.

 

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of narrow woven ribbons with woven selvedge (“narrow woven ribbons”) from China and antidumping duty orders on narrow woven ribbons from China and Taiwan 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 and Taiwan 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 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan (Inv. Nos.  701-TA-467 and 731-TA-1164-1165 (Second Review), USITC Publication 5292, March 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 28, 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 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan were instituted on August 2, 2021.

On November 5, 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cellular base station communication equipment, components thereof, 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 Apple, Inc. of Cupertino, CA, on January 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 cellular base station communication equipment, components thereof, and products containing same.  The complainant requests that the USITC issue a limited exclusion order and a permanent cease and desist order.  

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

Ericsson AB, of Kista, Stockholm, Sweden; 
Telefonaktiebolaget LM Ericsson, of Kista, Stockholm, Sweden; and
Ericsson Inc., of Plano, TX.

By instituting this investigation (337-TA-1302), 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) has voted to institute an investigation certain of mobile phones and tablet computers, all with switchable connectivity.  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 Ericsson Inc. of Plano, TX and Telefonaktiebolaget LM Ericsson of Kista, Stockholm, Sweden, on January 18, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of mobile phones and table computers, all with switchable connectivity, and products containing same.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following respondent this investigation:

Apple, Inc., of Cupertino, CA

By instituting this investigation (337-TA-1301), 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) has voted to institute an investigation of certain mobile phones, tablet computers, smart watches, smart speakers, and digital media players, 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 Ericsson Inc. of Plano, TX and Telefonaktiebolaget LM Ericsson of Kista, Stockholm, Sweden, on January 18, 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 phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following respondent in this investigation:

Apple, Inc., of Cupertino, CA

By instituting this investigation (337-TA-1300), 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) has voted to institute an investigation of certain mobile telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, 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 Ericsson Inc. of Plano, TX and Telefonaktiebolaget LM Ericsson of Kista, Stockholm, Sweden, on January 18, 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 telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

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

Apple, Inc., of Cupertino, CA

By instituting this investigation (337-TA-1299), 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.

 

Jason E. Kearns, Chair of the United States International Trade Commission (USITC or Commission), announced today that Judge Clark S. Cheney has been named the Chief Administrative Law Judge (ALJ) at the USITC.

As Chief ALJ, Cheney will provide administrative guidance and leadership to assure a thorough, yet expeditious, processing of the Commission’s investigations involving unfair practices in import trade under section 337 of the Tariff Act of 1930 (“Section 337”).  He will continue to preside in Section 337 investigations as well.  The Commission’s ALJs manage an active litigation docket, preside over evidentiary hearings, and make initial determinations in Section 337 investigations, most of which involve allegations of patent and trademark infringement.

Cheney has served as Acting Chief ALJ since January 2022, following the retirement of former Chief ALJ Charles E. Bullock.

Cheney has served as an ALJ at the USITC since March 2018.  Prior to his appointment, Judge Cheney served as an ALJ with the Federal Energy Regulatory Commission and the Social Security Administration.  Before becoming an ALJ, he worked in the USITC’s Office of the General Counsel as a Section 337 attorney advisor for several years.  In that role, he regularly argued appeals to the U.S. Court of Appeals for the Federal Circuit on behalf of the Commission.  Prior to that, Cheney also served as an attorney advisor in the USITC’s Office of ALJs and was detailed to the Office of the U.S. Trade Representative. 

Cheney began his career as a patent examiner and served as a law clerk to Judge William Bryson at the Federal Circuit.  During several years of private practice, he represented domestic and international clients in intellectual property litigation. 

Cheney holds a juris doctor degree, cum laude, from Georgetown University Law Center and a Bachelor of Science degree in electrical engineering from the University of Utah.  Cheney is a member of the International Association of LGBTQ+ Judges and resides in Washington, DC, with his husband.

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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