The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of granular polytetrafluoroethylene (PTFE) resin from India and Russia 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 India and Russia.

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 and antidumping duty orders on imports of this product from India and Russia.

The Commission made a negative finding concerning critical circumstances with regard to imports of this product from India that are sold in the United States at less than fair value and subsidized by the government of India.  As a result, these imports will not be subject to retroactive antidumping and countervailing duties.

The Commission’s public report Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia (Inv. Nos. 701-TA-663-664 and 731-TA-1555-1556 (Final), USITC Publication 5285, March 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 25, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Granular Polytetrafluoroethylene Resin from India and Russia
Investigation Nos.: 701-TA-663-664 and 731-TA-1555-1556 (Final)

Product Description: Polytetrafluoroethylene (PTFE) is a crystalline polymer consisting of repeating units of tetrafluoroethylene (TFE), or C₂F₄. Granular PTFE, often referred to as molding powder, is typically processed to form stock shapes, which can then be machined into products such as gaskets, diaphragms, corrosion‐resistant lining, piping components, and lab equipment. Producers of PTFE use specific trade names for their PTFE products, including Polyflon™, a registered trademark of Daikin, and Teflon®, a registered trademark of Chemours. Granular PTFE resin is included in these investigations whether filled or unfilled, whether or not modified, and whether or not containing co‐polymer, additives, pigments, or other materials. Also included is PTFE wet raw polymer. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by filling, modifying, compounding, packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the granular PTFE resin. The product covered by these investigations does not include dispersion or coagulated dispersion (also known as fine powder) PTFE. PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt‐flow rate no less than 0.1 gram/10 minutes, is excluded.

Status of Proceedings:

1. Type of investigation:  Final countervailing duty and antidumping duty investigations.
2. Petitioner:  Daikin, Orangeburg, NY.
3. USITC Institution Date:  Wednesday, January 27, 2021.
4. USITC Hearing Date:  Wednesday, January 19, 2022.
5. USITC Vote Date:  Wednesday, February 16, 2022.
6. USITC Notification to Commerce Date:  Tuesday, March 8, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers: 5.
2. Location of producers’ plants:  Alabama, Pennsylvania, and West Virginia.
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:  $25.2 million
2. Nonsubject imports:  $24.9 million
3. Leading import sources:  India, Russia, China, the Netherlands.

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on the African Growth and Opportunity Act (AGOA) Program and its usage and will provide an overview of the program and industry case studies to better understand the relative competitiveness of each sector and its impact on workers, economic development, and poverty reduction.

The investigation, African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights, Inv. No. 332-589, was requested by the U.S. House of Representatives Committee on Ways and Means (Committee) in a letter received on January 19, 2022. The Committee noted in its letter that the current program will expire on September 30, 2025.

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

• an overview of the AGOA program and its use, including a description of the program, an overview of U.S. imports, identification of country utilization rates, and a qualitative examination, including a literature review; and
• case studies on cotton, apparel, certain chemicals, and cocoa.

The USITC expects to submit its report to the Committee by March 17, 2023.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on June 9, 2022.  Information about how to participate in the hearing, including whether it will be virtual, will be posted on the Commission’s website no later than May 2, 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 May 25, 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 October 27, 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 February 16, 2022, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov. .

About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

 

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain networking devices, computers, and components thereof and systems 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 Proven Networks, LLC of Los Angeles, CA, on January 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 networking devices, computers, and components thereof and systems containing the same that infringe a patent asserted by the complainant.  The complainant requests 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:

NetApp, Inc., of San Jose, CA

By instituting this investigation (337-TA-1298), 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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1. Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners:  Mid Continent Nail Corporation, Poplar Bluff, Missouri
3. USITC Institution Date:  Thursday, December 30, 2021.
4. USITC Conference Date:  Thursday, January 20, 2022.
5. USITC Vote Date:  Friday, February 11, 2022.
6. USITC Notification to Commerce Date:  Monday, February 14, 2022.

1. Number of U.S. producers:  9
2. Location of producers’ plants:  Arkansas, California, Illinois, Missouri, Ohio, South Carolina, and Tennessee
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

1. Type of investigation:  Preliminary antidumping duty investigations.
2. Petitioners:  Ventura Coastal LLC, Ventura, California
3. USITC Institution Date:  Thursday, December 30, 2021.
4. USITC Conference Date:  Thursday, January 20, 2022.
5. USITC Vote Date:  Friday, February 11, 2022.
6. USITC Notification to Commerce Date:  Monday, February 14, 2022.

1. Number of U.S. producers:  2.
2. Location of producers’ plants:  Arizona, California, and Florida
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:  $24 million.
2. Nonsubject imports:  $135 million.
3. Leading import sources:  Argentina, Brazil, Mexico, and South Africa.

 

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of pentafluoroethane (R-125) from China 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 government of China.

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

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

The Commission made a negative finding concerning critical circumstances with regard to imports of this product from China that are sold in the United States at less than fair value and subsidized by the Government of China.  As a result, these imports will not be subject to retroactive antidumping and countervailing duties.

The Commission’s public report Pentafluoroethane (R-125) from China (Inv. Nos. 701-TA-662 and 731-TA-1554 (Final), USITC Publication 5281, February 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 7, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436<

FACTUAL HIGHLIGHTS

Pentafluoroethane (R-125) from China
Investigation Nos. 701-TA-662 and 731-TA-1554 (Final)

Product Description:  Pentafluoroethane (R-125) is a hydrofluorocarbon ("HFC"), a class of man-made chemicals that contain fluorine, carbon, and hydrogen atoms. The chemical formula for R-125 is C2HF5 (also written as CF₃CHF₂). It is typically sold in bulk. R-125 is a colorless, odorless gas that is used primarily as a component in HFC blends, which are used in refrigerant applications such as air conditioning and refrigeration. R-125 is also used as a fire extinguishing agent.

Status of Proceedings:

1. Type of investigation:  Final countervailing and antidumping duty investigations.
2. Petitioner:  Honeywell International, Inc., Charlotte, NC.
3. USITC Institution Date:  Tuesday, January 12, 2021.
4. USITC Hearing Date:  Tuesday, December 14, 2021.
5. USITC Vote Date:  Wednesday, February 02, 2022.
6. USITC Notification to Commerce Date:  Tuesday, February 22, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers:  1.
2. Location of producer’s plants:  Louisiana and North Carolina.
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. Shipments of Imports in 2020:

1. Subject sources:  $42 million.
2. Nonsubject sources:   ^[1]
3. Leading import sources:  China.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video processing devices, components thereof, and digital smart televisions containing the same 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 DivX, LLC of San Diego, CA, on November 24, 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 video processing devices, components thereof, and digital smart televisions containing the same that infringe on 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:

TCL Technology Group Corporation, of Huizhou, Guangdong, China;
TCL Electronics Holdings Limited, of Shenzhen, Guangdong, China;
TTE Technology, Inc., of Corona, CA;
Shenzhen TCL New Technologies Co., Ltd., of Shenzhen, Guangdong, China;
TCL King Electrical Appliances (Huizhou) Co. Ltd., of Huizhou, Guangdong, China;
TCL MOKA International Limited, of Sha Tin, New Territories, Hong Kong; and
TCL Smart Device (Vietnam) Co., Ltd., of Binh Duong Province, Vietnam.

By instituting this investigation (337-TA-1297), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Stainless Steel Wire Rod from Japan, Korea, and Taiwan was instituted on July 1, 2021.

On October 4, 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 released the first of two reports on foreign censorship policies and practices that affect U.S. businesses. 

The investigations, Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses and Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses, were requested by the Senate Committee on Finance in a letter received on April 8, 2021, modifying its earlier letter of January 4, 2021.

As requested, in the first report, the USITC, an independent, nonpartisan federal agency, identified and described various foreign censorship practices, with particular focus on examples that U.S. businesses cite as impeding trade or investment in key foreign markets.

The report includes:

• a description of the evolution of censorship and censorship-enabling policies and practices over the past five years in six key foreign markets: China, Russia, Turkey, Vietnam, India, and Indonesia; and
• a description of elements that entail extraterritorial censorship and the roles of governmental and nongovernmental actors in implementing and enforcing censorship policies and practices in these six key foreign markets.

Detailed information on the Commission's findings can be found in the report's Executive Summary.

Foreign Censorship, Part 1: Policies and Practices Affecting U.S. Businesses (Investigation No. 332-585, USITC publication 5244, December 2021) is available on the USITC's internet site at https://www.usitc.gov/publications/332/pub5244.pdf.

About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain adalimumab, processes for manufacturing or relating to same, 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 AbbVie Inc. of Chicago, IL, AbbVie Biotechnology Ltd of Hamilton, Bermuda, and AbbVie Operations Singapore Pte. Ltd. of Singapore, on December 17, 2021.  A supplement to the complaint was filed on January 4, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States or sale of adalimumab, processes for manufacturing or relating to same, and products containing same by reason of the misappropriation of trade secrets and tortious interference with contractual relations, the threat or effect of which is to destroy or substantially injure an industry in the United States.  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 this investigation:

Alvotech hf., of Reykjavik, Iceland; 
Alvotech Germany GmbH, of Julich, Nordrhein-Westfalen, Germany; 
Alvotech Swiss AG, of Zurich, Switzerland; 
Alvotech USA Inc., of Arlington, VA; 
Ivers-Lee AG, of Bern, Switzerland; 
Teva Pharmaceutical Industries Ltd., of Petach Tikva, Israel; and
Teva Pharmaceuticals USA Inc., of North Wales, PA.

By instituting this investigation (337-TA-1296), 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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