July 27, 2021
News Release 21-095
Inv. No(s). 731-TA-1545 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Utility Scale Wind Towers from Spain Injure 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 utility scale wind towers from 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 determination, Commerce will issue an antidumping duty order on imports of this product from Spain.

The Commission’s public report Utility Scale Wind Towers from Spain (Inv. Nos. 731-TA-1545 (Final), USITC Publication 5219, August 2021) will contain the views of the Commission and information developed during the investigation. 

The report will be available by August 27, 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

Utility Scale Wind Towers from Spain
Investigation No. 731-TA-1545 (Final)

Product Description:  Wind towers, whether or not tapered, and sections thereof, designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters (164 feet) measured from the base of the tower to the bottom of the nacelle when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Specifically excluded from the scope are (1) nacelles and rotor blades, regardless of whether they are attached to the wind tower; (2) any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections.

Status of Proceedings:

1.   Type of investigation:  Final antidumping duty investigation.
2.   Petitioners:  Arcosa Wind Towers Inc., Dallas, TX; Broadwind Towers, Inc., Manitowoc, WI.
3.   USITC Institution Date:  Wednesday, September 30, 2020.
4.   USITC Hearing Date:  Thursday, June 10, 2021. [1]
5.   USITC Vote Date:  Tuesday, July 27, 2021.
6.   USITC Notification to Commerce Date:  Monday, August 9, 2021.

U.S. Industry in 2020:

1.   Number of U.S. producers:  6.
2.   Location of producers’ plants:  Colorado, Illinois, Iowa, Michigan, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin.
3.   Production and related workers:  2,205.
4.   U.S. producers’ U.S. shipments:  $955 million.
5.   Apparent U.S. consumption: $1.8 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  2

U.S. Imports in 2020:

1.   Subject imports:  [2]
2.   Nonsubject imports:  2
3.   Leading import sources:  Malaysia, India, and Spain.


[1] The hearing was cancelled. For more information, please see 86 FR 31730, June 15, 2021.

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

# # #
July 27, 2021
News Release 21-094
Inv. No(s). 701-TA-656 and 731-TA-1533 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Metal Lockers from China Injure 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 metal lockers from China that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of China and sold in the United States at less than fair value.

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

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

The Commission’s public report Metal Lockers from China (Inv. Nos. 701-TA-656 and 731-TA-1533 (Final), USITC Publication 5218, August 2021) will contain the views of the Commission and information developed during the investigation. 

The report will be available by September 2, 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

Metal Lockers from China
Investigation Nos. 701-TA-656 and 731-TA-1533 (Final)

Product Description:  The merchandise subject to these investigations consists of certain metal lockers, with or without doors, and parts thereof (metal lockers). The subject metal lockers are metal storage devices that are typically made of flat-rolled metal, metal mesh and/or expanded metal, which includes but is not limited to alloy or non-alloy steel, stainless steel, or aluminum. The subject lockers may be shipped as individual or multiple locker units preassembled, welded, or combined into banks or tiers for ease of installation or as sets of component parts, bulk packed or any combination thereof. The scope also includes all parts and components of lockers as well as accessories that are attached to the lockers when installed.

Status of Proceedings:

1.   Type of investigation:  Final countervailing duty and antidumping duty investigations.
2.   Petitioners:  List Industries, Inc., Deerfield Beach, FL; Penco Products, Inc., Greenville, NC; and Tennsco Corp., Dickson, TN.
3.   USITC Institution Date:  Thursday, July 9, 2020.
4.   USITC Hearing Date:  Thursday, June 24, 2021.
5.   USITC Vote Date:  Tuesday, July 27, 2021.
6.   USITC Notification to Commerce Date:  Thursday, August 12, 2021.

U.S. Industry in 2020:

1.   Number of U.S. producers:  6.
2.   Location of producers’ plants:  Colorado, Florida, Illinois, Nevada; North 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

U.S. Imports in 2020:

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

 

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

# # #
July 22, 2021
News Release 21-093
Inv. No(s). 337-TA-1272
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Integrated Circuits and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, CA, on June 21, 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 integrated circuits and products containing same 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 respondents in this investigation:

NXP Semiconductors N.V. of Eindhoven, Netherlands;
NXP USA, Inc., of Austin, TX;
Avnet, Inc., of Phoenix, AZ;
Arrow Electronics, Inc., of Centennial, CO;
Mouser Electronics, Inc., of Mansfield, TX;
Continental AG of Hanover, Germany;
Continental Automotive GmbH of Hanover, Germany;
Continental Automotive Systems, Inc., of Auburn Hills, MI;
Robert Bosch GmbH of Gerlingen-Schillerhöhe, Germany; and
Robert Bosch LLC of Farmington Hills, MI.

By instituting this investigation (337-TA-1272), 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.

# # #
July 20, 2021
News Release 21-092
Inv. No(s). 731-TA-1527 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Standard Steel Welded Wire Mesh from Mexico 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 standard steel welded wire mesh from Mexico 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 determination, Commerce will issue an antidumping duty order on imports of these products from Mexico. 

The Commission’s public report Standard Steel Welded Wire Mesh from Mexico (Inv. No. 731-TA-1527 (Final), USITC Publication 5217, July 2021) will contain the views of the Commission and information developed during the investigation. 

The report will be available by August 20, 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

Standard Steel Welded Wire Mesh from Mexico
Investigation No. 731-TA-1527 (Final)

Product Description:  The scope of this investigation covers uncoated standard welded steel reinforcement wire mesh (standard wire mesh) produced from smooth or deformed wire. Standard wire mesh is produced in square and rectangular grids of uniformly spaced steel wires that are welded at all intersections. Sizes are specified by combining the spacing of the wires in inches or millimeters and the wire cross-sectional area in hundredths of a square inch or millimeters squared. Standard wire mesh may be packaged and sold in rolls or in sheets.

Status of Proceedings:

1.   Type of investigation:  Final antidumping investigation.
2.   Petitioners:  Insteel Industries Inc., Mount Airy, NC; Mid-South Wire Co., Nashville, TN; National Wire LLC, Conroe, TX; Oklahoma Steel & Wire Co., Madill, OK; and Wire Mesh Corp., Houston, TX.
3.   USITC Institution Date:  Tuesday, June 30, 2020.
4.   USITC Hearing Date:  Friday, February 12, 2021.
5.   USITC Vote Date:  Tuesday, July 20, 2021.
6.   USITC Notification to Commerce Date:  Friday, July 30, 2021.

U.S. Industry in 2019:

1.   Number of U.S. producers:  11 responding firms.
2.   Locations of producers’ plants:  California, Connecticut, Florida, Iowa, Illinois, Kentucky, North Carolina, New Mexico, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, and Washington.
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 2019:

1.   Subject imports:  1
2.   Nonsubject imports:  1
3.   Leading import source:  Mexico.

 

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

# # #
July 19, 2021
News Release 21-091
Inv. No(s). 731-TA-1528 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Seamless Refined Copper Pipe and Tube from Vietnam 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 seamless refined copper pipe and tube from Vietnam 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 determination, Commerce will issue an antidumping duty order on imports of these products from Vietnam. 

The Commission’s public report Seamless Refined Copper Pipe and tube from Vietnam (Inv. No. 731-TA-1528 (Final), USITC Publication 5216, August 2021) will contain the views of the Commission and information developed during the investigation. 

The report will be available by August 23, 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

Seamless Refined Copper Pipe and Tube from Vietnam
Investigation No. 731-TA-1528 (Final)

Product Description:  All seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to 6 inches (152.4 mm) in actual length and measuring less than 12.130 inches (308.102 mm) in actual outside diameter (OD), regardless of wall thickness, bore (e.g., smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold-drawn, annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint), insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting), or physical configuration (e.g., straight, coiled, bent, wound on spools). This description includes seamless refined copper pipe and tube produced or comparable to the American Society for Testing and Materials (ASTM) ASTM-B42, ASTM-B68, ASTM-B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280, ASTM-B302, ASTM-B306, ASTM-B359, ASTM-B743, ASTM-B819, and ASTM-B903 specifications and meeting the physical parameters described therein, but excludes seamless circular hollows of refined copper less than 12 inches in actual length whose actual OD exceeds its actual length.

Status of Proceedings:

1.   Type of investigation:  Final antidumping duty investigation.
2.   Petitioners:  American Copper Tube Coalition (Mueller Group, Collierville, TN, and Cerro Flow Products LLC, Sauget, IL).
3.   USITC Institution Date:  Tuesday, June 30, 2020.
4.   USITC Hearing Date:  Originally scheduled for Tuesday, June 15, 2021 (subsequently cancelled).
5.   USITC Vote Date:  Monday, July 19, 2021.
6.   USITC Notification to Commerce Date:  Monday, August 5, 2021.

U.S. Industry in 2020:

1.   Number of responding U.S. producers:  6.
2.   Location of producers’ plants:  Alabama, Arkansas, Illinois, Michigan, Mississippi, Missouri, North Carolina, Pennsylvania, Texas, Utah, and Virginia.
3.   Production and related workers:  2,208.
4.   U.S. producers’ U.S. shipments:  $1.7 billion.
5.   Apparent U.S. consumption:  $2.3 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  9.1 percent of value.

U.S. Imports in 2020:

1.   Subject imports:  $209 million.
2.   Nonsubject imports:  $370 million.
3.   Leading import sources:  Vietnam, Canada, Korea, Mexico, Thailand, and Greece.

# # #
July 14, 2021
News Release 21-090
Inv. No(s). 337-TA-1271
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Crystalline Silicon Photovoltaic Cells and Modules with Nanostructures, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon photovoltaic cells and modules with nanostructures, 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 Advanced Silicon Group Technologies, LLC, of Lowell, MA, on June 11, 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 silicon photovoltaic cells and modules with nanostructures, and products containing the 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 respondents in this investigation:

Canadian Solar, Inc., of Guelph, Ontario, Canada;
Canadian Solar International Limited of Kowloon, Hong Kong, China;
Canadian Solar Manufacturing (Changshu) Co. Inc., of Changshu, Jiangsu, China;
Canadian Solar Manufacturing (Luoyang) Inc. of Luoyang, Henan Province, China;
Canadian Solar Manufacturing (Thailand) Co. Ltd. of Chon Buri, Thailand;
Canadian Solar Manufacturing Vietnam Co. Ltd. of Hai Phong City, Vietnam;
Canadian Solar Solutions, Inc., of Guelph, Ontario, Canada;
Canadian Solar Construction (USA) LLC of Walnut Creek, CA;
Canadian Solar (USA) Inc. of Walnut Creek, CA;
Recurrent Energy Group, Inc., of San Francisco, CA;
Recurrent Energy LLC of Walnut Creek, CA;
Recurrent Energy SH Proco LLC of Walnut Creek, CA;
Hanwha Q CELLS & Advanced Materials Corp. of Seoul, Republic of Korea;
Hanwha Q Cells GmbH of Bitterfeld-Wolfen, Germany;
Hanwha Q Cells Malaysia Sdn. Bhd. of Cyberjaya, Selangor, Malaysia;
Hanwha Q Cells (Qidong) Co., Ltd., of Qidong Jiangsu, China;
Hanwha Solutions Corporation of Seoul, Republic of Korea;
Hanwha Energy USA Holdings Corp. (dba 174 Power Global Corporation) of Irvine, CA;
Hanwha Q Cell EPC USA LLC of Irvine, CA;
Hanwha Q Cells America Inc. of Irvine, CA;
Hanwha Q Cells USA Corp. of Irvine, CA;
Hanwha Q Cells USA Inc. of Dalton, GA;
HQC Rock River Solar Holdings LLC of Irvine, CA;
HQC Rock River Solar Power Generation Station, LLC, of Beloit, WI;
Boviet Solar Technology Co., Ltd., of Noi Hoang District, Bac Giang Province, Vietnam;
Ningbo Boway Alloy Material Co., Ltd., of Ningbo City, Zhejiang Province, China;
Boviet Renewable Power LLC of San Jose, CA; and
Boviet Solar USA Ltd. of San Jose, CA.

By instituting this investigation (337-TA-1271), 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.

# # #
July 9, 2021
News Release 21-089
Inv. No(s). 332-577
Contact: Peg O'Laughlin, 202-205-1819
U.S. Processed Raspberry Industry in Washington State Produces Premium Product But Challenged by High Production Costs and Geographic Concentration, Reports USITC

The United States, Chile, and Serbia are highly competitive suppliers to the U.S. market for high value processed raspberry products, while Chile and Mexico are the most reliable suppliers, according to a new report by the U.S. International Trade Commission (USITC).

The U.S. processed raspberry industry in Washington State was a high cost producer of premium products, accounting for about two-fifths of a more than $1 billion market during 2015-2020, according to the report.

The investigation, Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State, was requested by the United States Trade Representative in a letter received on April 9, 2020.

Most production of U.S.-grown raspberries for processing occurs in Washington State, and to a lesser extent in California and Oregon.  The primary focus of the USITC investigation was on the industry in Washington.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the industry competitiveness of major raspberry suppliers to the United States and U.S. market pricing dynamics.  The Commission also provided a quantitative assessment of the economic impact of imports.

The USITC was asked to investigate processed raspberries, including fresh raspberries that are used as inputs for processed products.  These berries come from both domestic and foreign sources and may be fresh for processing, individually quick frozen (IQF), or non-IQF (block frozen raspberries, purees, and juice products). 

The USITC findings include:

  • The U.S. processed raspberry industry benefits from mechanization and a high level of vertical integration, while geographic concentration and high production costs limit its competitiveness.

  • The United States (Washington State), Chile, and Serbia were highly competitive suppliers to the U.S. market in terms of product differentiation, and Chile and Mexico were highly competitive in terms of reliability of supply. Mexico was the only U.S. supplier assessed as highly competitive in terms of delivered costs.

  • Chile and Serbia were large U.S. suppliers of IQF products, while Canada and Mexico focused on supplying non-IQF products.

  • Based on available annual data, prices between 2015 and 2020 were most closely related to the combination of the level of U.S. production of processed raspberries in Washington State, U.S. stocks, and imports that made up total U.S. supply. In addition, increased import quantities were closely related to relatively low domestic production levels.

  • According to the USITC’s economic model simulation for 2016-2020, domestic prices and production of non-individually quick frozen raspberries would have been higher in the absence of higher levels of U.S. imports.  This model showed that reducing imports to levels based on long-term average growth rates would have increased the U.S. industry’s non-IQF gross revenue by $167.8 million over 5 years and prices by an average of 34.7 percent in each year, and IQF gross revenue by $70.1 million over 5 years. However, IQF prices would have only increased by an average of 1.1 percent in each year.

Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State (Investigation No. 332-577, USITC Publication 5194, June 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5194.pdf. The modeling underlying the analyses associated with this report is available at https://www.usitc.gov/publications/332/raspberries_2021/raspberriesdashboard.html.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting report conveys 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.

# # #
July 8, 2021
News Release 21-088
Inv. No(s). 701-TA-661
Contact: Peg O'Laughlin, 202-205-1819
Subsidized Utility Scale Wind Towers from Malaysia Injure 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 utility scale wind towers from Malaysia that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of Malaysia.

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 determination, Commerce will issue a countervailing duty order on imports of this product from Malaysia.

The Commission’s public report Utility Scale Wind Towers from Malaysia (Inv. Nos. 701-TA- 661 (Final), USITC Publication 5215, July 2021) will contain the views of the Commission and information developed during the investigations.  The report will be available by August 9, 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

Utility Scale Wind Towers from Malaysia
Investigation No. 701-TA-661 (Final)

Product Description:  Wind towers, whether or not tapered, and sections thereof, designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters (164 feet) measured from the base of the tower to the bottom of the nacelle when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Specifically excluded from the scope are (1) nacelles and rotor blades, regardless of whether they are attached to the wind tower; (2) any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections.

Status of Proceedings:

1.   Type of investigation:  Final countervailing duty investigation.
2.   Petitioners:  Arcosa Wind Towers Inc., Dallas, TX; Broadwind Towers, Inc., Manitowoc, WI.
3.   USITC Institution Date:  Wednesday, September 30, 2020.
4.   USITC Hearing Date:  Thursday, June 10, 2021.[1]
5.   USITC Vote Date:  Thursday, July 08, 2021.
6.   USITC Notification to Commerce Date:  Monday, July 26, 2021.

U.S. Industry in 2020:

1.   Number of U.S. producers:  6.
2.   Location of producers’ plants:  Colorado, Illinois, Iowa, Michigan, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin.
3.   Production and related workers:  2,205.
4.   U.S. producers’ U.S. shipments:  $955 million.
5.   Apparent U.S. consumption: $1.8 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  2

U.S. Imports in 2020:

1.   Subject imports:  [2]
2.   Nonsubject imports:  2
3.   Leading import sources:  Malaysia, India, and Spain.

 

[1] The hearing was cancelled. For more information, please see 86 FR 31730.

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

# # #
July 7, 2021
News Release 21-087
Inv. No(s). 337-TA-1270
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Casual Footwear and Packaging Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain casual footwear and packaging 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 Crocs, Inc., of Broomfield, CO, on June 8, 2021, which complaint was supplemented on June 10, June 17, June 23, and June 28, 2021.  The complaint, as corrected and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain casual footwear and packaging thereof that (i) infringe one or more registered trademarks asserted by the complainant, (ii) are falsely designated as to source, or (iii) dilute one or more of the registered trademarks.  The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders. 

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

Cape Robbin Inc. of Pomona, CA;
Bijora, Inc., d/b/a Akira of Chicago, IL;
Dr. Leonard’s Healthcare Corp., d/b/a Carol Wright of Edison, NJ;
Crocsky of Austin, TX;
Fullbeauty Brands Inc. d/b/a Kingsize of New York, NY;
Hawkins Footwear, Sports, Military & Dixie Store of Brunswick, GA;
Hobibear Shoes and Clothing Ltd. of Brighton, CO;
Hobby Lobby Stores, Inc. of Oklahoma City, OK;
Ink Tee of Los Angeles, CA;
La Modish Boutique of West Covina, CA;
Legend Footwear, Inc., d/b/a Wild Diva of City of Industry, CA;
Loeffler Randall Inc. of New York, NY;
Maxhouse Rise Ltd. of Hong Kong;
PW Shoes, Inc. a/k/a P&W of Maspeth, NY;
SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co. of Hackensack, NJ;
Shoe-Nami, Inc., of Gretna, LA;
Sketchers USA, Inc., of Manhattan Beach, CA;
Star Bay Group Inc. of Hackensack, NJ;
Yoki Fashion International LLC of New York, NY;
Quanzhou ZhengDe Network Corp., d/b/a Amoji of Quanzhou, Fujian Province, China;
718Closeouts of Brooklyn, NY;
Royal Deluxe Accessories, LLC, of New Providence, NJ; and
Fujian Huayuan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China.

By instituting this investigation (337-TA-1270), 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.

# # #
July 6, 2021
News Release 21-086
Contact: Peg O'Laughlin, 202-205-1819
Rekha “Rashmi” Bartlett Named Inspector General at U.S. International Trade Commission

Jason E. Kearns, Chair of the United States International Trade Commission (USITC), announced today that Rekha “Rashmi” Bartlett has been named Inspector General of the Commission.

Bartlett will conduct and supervise audits and investigations relating to the USITC’s programs and operations, with the primary objective of promoting economy, efficiency, and effectiveness in the Commission’s programs and preventing fraud, waste, and abuse. While the Office of the Inspector General is an independent unit, it reports to the Chair and Congress regarding its findings and updates them on the progress of corrective action.

Bartlett brings extensive experience in public and private sector governance to the position.  Most recently, she served as the Acting Assistant Inspector General for Special Review and Evaluation at the U.S. Environmental Protection Agency (EPA). 

Prior to that, she served as Deputy Executive Director, Regulatory Audit & Agency Advisory Services in the Office of Trade at U.S. Customs and Border Protection; as Chief, Division of Regional Operations and Program Integrity in the Employment & Training Administration’s Office of Job Corps at the U.S. Department of Labor; as Assistant Inspector General for Audit in the Pension Benefit Guaranty Corporation’s Office of Inspector General; as Chief, Program Review Branch, in the Compliance Division of the U.S. Office of Government Ethics; and as an Audit Manager in the U.S. Department of Treasury’s Office of Inspector General. 

Bartlett has an impressive audit background from her federal service and from earlier in her career when she held a number of internal audit positions in the private sector.  She began her career as an intelligence officer with the Central Intelligence Agency.

Bartlett holds a Bachelor of Arts degree in Economics from Furman University in Greenville, South Carolina.  She attended the University of Maryland Robert H. Smith School of Business’ CBP Leadership Institute; holds a certificate in Forensic Accounting from Georgetown University; is a Certified Internal Auditor; and is a Certified Fraud Examiner.

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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