USITC
USITC Institutes Section 337 Investigation of Certain Integrated Circuit Products and Devices Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit products and devices 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 Future Link Systems, LLC of Santa Clara, CA, on December 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 integrated circuit products and devices containing the same that infringe patents asserted by the complainants. The complainant requests that the USITC issue a limited exclusion order, a permanent cease and desist order.
The USITC has identified the following as the respondents this investigation:
Advanced Micro Devices, Inc. of Santa Clara, CA;
Apple Inc. of Cupertino, CA;
Broadcom Inc. of San Jose, CA;
Broadcom Corporation of San Jose, CA;
Qualcomm Inc. of San Diego, CA;
Qualcomm Technologies, Inc. of San Diego, CA;
Amlogic Holdings Ltd. Of Cayman Islands;
Amlogic (CA) Co., Inc. of Santa Clara, CA;
Realtek Semiconductor Corp. of Hsinchu, Taiwan;
Dell Technologies Inc. of Round Rock, TX;
HP, Inc. of Palo Alto, CA;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
Lenovo Group Ltd. of Hong Kong;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL; and
Google LLC of Mountain View, CA.
By instituting this investigation (337-TA-1295), 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.
USITC to Investigate Conditions Of Competitiveness In Foreign Trade Zones
The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on operations and conditions of competitiveness in U.S. foreign trade zones and similar programs in Canada and Mexico (FTZs).
The investigation, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, Inv. No. 332-588, was requested by the U.S. Trade Representative (USTR) in a letter received on December 14, 2021.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the USTR. The report will provide, to the extent practicable:
- an overview of economic activity in FTZs operating in the United States, Canada, and Mexico since 2016;
- an overview of the current FTZ policies and practices in the United States, Canada, and Mexico; and
- an analysis of the effects of current FTZ policies and practices in the United States, Canada, and Mexico on the cost-competitiveness of products of U.S. firms operating in these FTZs.
The USITC expects to submit its report to the USTR by April 14, 2023.
The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on May 17, 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 April 12, 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 3, 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 November 30, 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 January 26, 2021, 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.
USITC Institutes Section 337 Investigation of High-Performance Gravity-Fed Water Filters and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of high-performance gravity-fed water filters 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 Brita LP of Neuchatel, NE, Switzerland on December 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 high-performance gravity-fed water filters and products containing the same 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:
EcoLife Technologies, Inc., of City of Industry, CA;
Qingdao Ecopure Filter Co., Ltd. of Environmental Protection Industry Zone Jimo, Qingdao, Shandong Province, China;
Kaz USA, Inc., of El Paso, TX;
Helen of Troy Limited, of El Paso, TX;
Zero Technologies, LLC, of Trevose, PA;
Culligan International Co., of Rosemont, IL;
Vestergaard Frandsen Inc., of Baltimore, MD;
Mavea LLC, of West Linn, OR; and
Brita GmbH, of Taunusstein, Germany.
By instituting this investigation (337-TA-1294), 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.
USITC Makes Determinations in Five-Year (Sunset) Review Concerning Hydrofluorocarbon Blends from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of hydrofluorocarbon blends 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 these five-year (sunset) reviews.
The Commission’s public report Hydrofluorocarbon Blends from China (Inv. No. 731-TA-1279 (First Review), USITC Publication 5278, February 2022) will contain the views of the Commission and information developed during the review.
The report will be available by February 28, 2022; 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 Hydrofluorocarbon blends from China 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.
USITC Institutes Section 337 Investigation of Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts 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 OPEX Corporation of Moorestown, NJ, on December 22, 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts 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:
HC Robotics (a.k.a Huicang Information Technology Co., Ltd.), of Hangzhou City, Zheijang Province, China; and
Invata, LLC (d/b/a Invata Intralogistics), of Conshohocken, PA.
By instituting this investigation (337-TA-1293), 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 Brazil, China, Japan, Taiwan, and Thailand 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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand (Inv. Nos. 731-TA-308-310, and 520-521 (Fifth Review), USITC Publication 5276, February 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 23, 2022; 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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand were instituted on July 1, 2021.
On October 4, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, 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. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group responses wereas inadequate and voted for full 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.
USITC Institutes Section 337 Investigation of Certain Replacement Automotive Lamps
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps. 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 Kia Corporation, of Seoul, Republic of Korea and Kia America, Inc. of Irvine, CA, on December 16, 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 replacement automotive lamps 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 this investigation:
TYC Brother Industrial Co., Ltd., of Tainan, Taiwan;
Genera Corporation (d/b/a TYC Genera), of Brea, CA;
LKQ Corporation, of Chicago, IL; and
Keystone Automotive Industries, Inc., of Exeter, PA.
By instituting this investigation (337-TA-1291), 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.
USITC Institutes Section 337 Investigation of Certain Replacement Automotive Lamps II
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps 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 Hyundai Motor Company, of Seoul, Republic of Korea and Hyundai Motor America, Inc. of Fountain Valley, CA, on December 16, 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 replacement automotive lamps 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 this investigation:
TYC Brother Industrial Co., Ltd, of Tainan, Taiwan;
Genera Corporation (d/b/a TYC Genera), of Brea, CA;
LKQ Corporation, of Chicago, IL; and
Keystone Automotive Industries, Inc., of Exeter, PA.
By instituting this investigation (337-TA-1292), 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.
USITC Institutes Section 337 Investigation of Certain Refrigerator Water Filtration Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain refrigerator water filtration devices 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 LG Electronics Inc. of Seoul, Republic of Korea, and LG Electronics Alabama, Inc. of Huntsville, AL, on December 15, 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 refrigerator water filtration devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
ClearWater Filters, of Lakewood, NJ;
Express Parts LLC d/b/a Express Parts !!!, of Keyport, NJ;
FRESHLAB LLC, of Gainesville, FL;
Zhang Ping d/b/a ICE Water Filter, of Dongyang, Zhejiang, China;
Jiangsu Angkua Environmental Technical Co., Ltd., of Nantong, Jiangsu, China;
Liu Qi d/b/a LQQY, of Lishi, Shanxi Province, China;
lvliangshilishiquhuiliwujinbaihuoshan Ghang d/b/a LYLYMX, of Lishi District, Shanxi Province, China;
Ninbo Haishu Bichun Technology Co., Ltd. d/b/a Ninbo Hai Shu Bi Chun Ke Ji You Xian Gong Si d/b/a Pureza Filters, of Elmhurst, IL;
Ninbo Haishu Keze Replacement Equipment Co., Ltd. d/b/a Ningboshihaishukezejinghuashebeiyou Xiangongsi d/b/a Kozero Filter, of Zhejiant, Ningboshi, China;
Ningbo Bichun Technology Co., Ltd., of Ningbo City, Zhejiang Province, China;
Ningbo Haishu Shun’anjie Water Purification Equipment LLC, of Ningbo, Zhejiang, China;
Pursafet Water Filter (Wuhan) Inc., of Wuhan, Hubei, China;
Shenzen Hangling E-Commerce Co., Ltd. d/b/a Shenzhenshilinghangdianzhishangwuyouxiangongshi d/b/a Best Belvita, of Elmhurst, IL;
Shenzhen Yu Tian Qi Technology Co., Ltd. d/b/a Shen Zhen Shi Yu Tian Qi Ke Ji You Xian Gong Si d/b/a Glacierfresh, of Shenzhen, Guangdong, China;
Aicuiying b/d/a Belvita Water of Shenzhen, of Guangdong Province, China;
ISave Strategic Marketing Group LLC b/d/a ISave, of New York, NY;
Qinghaishunzexiaofangjianceyouxiangongsi b/d/a EZEEY, of Chengxi District, Qinghai Province, China;
ZhenPingXianJiaXuanYaZhuBaoFuZhuangGongYiPinYouXia d/b/a JiaXuanYaZhuBaoFuZhuang, of Wuhanshi, Hubeisheng, China;
All FILTERS LLC d/b/a AllFilters, of Salt Lake City, UT;
GT SOURCING INC. d/b/a GT Sourcing, of Monsey, NY;
JJ Imports LLC d/b/a PRIME FILTERS, of Elmwood Park, NJ;
Tianjin Tianchuang Best Pure Environmental Science and Technology Co. Ltd. d/b/a TIANJIN TIANGCHUANG BESTPURE HUANBAO KEJI CO. LTD d/b/a Healthy Home, of Tianjin, China;
Top Pure (USA) Inc. d/b/a TOPPURE d/b/a ICEPURE, of Pico Rivera, CA;
W&L Trading LLC d/b/a Aqualink, of Frisco, TX;
Yunda H&H Tech (Tianjin) Co., Ltd. d/b/a Tianjin Yuanda Gongmao Youxian Gongsi d/b/a PUREPLUS, of Tianjinshi, China;
Refresh Filters LLC b/d/a Refresh My Water, of New York, NY;
Qingdao Ecopure Filter Co., Ltd d/b/a WaterdropDirect, of Qingdao, Shandong, China;
Qingdao Maxwell Commercial and Trading Company Ltd d/b/a Water Purity Expert, of Chengyang, Shandong, China; and
Qingdao Uniwell Trading Co., Ltd. d/b/a Qingdao Youniwei Shang Mao You Xian Gong Si d/b/a Uniwell Filter, of Qingdao, Shandong, China.
By instituting this investigation (337-TA-1290), 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.
USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING UNCOATED PAPER FROM AUSTRALIA, BRAZIL, CHINA, INDONESIA, AND PORTUGAL
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of uncoated paper from Australia, Brazil, China, Indonesia, and Portugal and the existing countervailing duty orders on imports of uncoated paper from China and Indonesia 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 Australia, Brazil, China, Indonesia, and Portugal 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 Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos. 701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication 5275, January 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 18, 2022; 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 uncoated paper from Australia, Brazil, China, Indonesia, and Portugal were instituted on February 1, 2021.
On May 7, 2021, the Commission voted to conduct full reviews. With respect to Australia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to Brazil, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to China, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate, and the respondent group response was inadequate, but that circumstances warranted a full review. With respect to Indonesia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to Portugal, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
A record of the Commission’s vote to conduct full 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.