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News Release 21-038
Inv. No(s). 701-TA-653 (Final)
Contact: Peg O'Laughlin, 202-205-1819
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 that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of Mexico.
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 standard steel welded wire mesh from Mexico.
The Commission’s public report Standard Steel Welded Wire Mesh from Mexico (Inv. No. 701-TA-653 (Final), USITC Publication 5175, March 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 13, 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. 701-TA-653 (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 square inch or millimeters squared. Standard wire mesh may be packaged and sold in rolls or in sheets.
Status of Proceedings:
1. Type of investigations: Final countervailing duty 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: Wednesday, March 17, 2021.
6. USITC Notification to Commerce Date: Monday, April 5, 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: 515.
4. U.S. producers’ U.S. shipments: $269 million.
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.
News Release 21-037
Inv. No(s). 337-TA-1255
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain apparatus and methods of opening containers. 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 Draft Top, LLC, of Long Branch, NJ, on January 28, 2021. Supplements to the complaint were filed on February 12 and 19 and March 1 and 2, 2021. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain apparatus and methods of opening containers that infringe a patent asserted by the complainant. 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:
Mintiml of Jiangsu, China;
KKS Enterprises Co., Ltd., of Hangzhou, China;
Kingskong Enterprises Co., Ltd., of Hangzhou, China;
Du Zuojun of Shenzhen, Guangdong, China;
WN Shipping USA, Inc., of Inwood, NY;
Shuje Wei of Pomona, CA;
Express Cargo Forwarded, Ltd., of Los Angeles, CA;
Tofba International, Inc., of Hawthorne, CA; and
Hou Wenzheng of Hebron, KY.
By instituting this investigation (337-TA-1255), 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.
News Release 21-036
Inv. No(s). 731-TA-1092 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of diamond sawblades from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Diamond Sawblades from China (Inv. No. 731-TA-1092 (Second Review), USITC Publication 5176, March 2021) will contain the views of the Commission and information developed during the review.
The report will be available by April 19, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Diamond Sawblades from China was instituted on August 3, 2020.
On November 6, 2020, the Commission voted to conduct an expedited review. 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 and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 21-034
Inv. No(s). 701-TA-663-664 and 731-TA-1555-1556 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
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 granular polytetrafluoroethylene (PTFE) resin 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 granular polytetrafluoroethylene (PTFE) resin from India and Russia, with its preliminary countervailing duty determinations due on or about April 22, 2021, and its preliminary antidumping duty determinations due on or about July 6, 2021.
The Commission’s public report Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia (Inv. Nos. 701-TA-663-664 and 731-TA-1555-1556 (Preliminary), USITC Publication 5174, March 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 12, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia
Investigation Nos. 701-TA-663-664 and 731-TA-1555-1556 (Preliminary)
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: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioner: Daikin, Orangeburg, NY.
3. USITC Institution Date: Wednesday, January 27, 2021.
4. USITC Conference Date: Wednesday, February 17, 2021.
5. USITC Vote Date: Friday, March 12, 2021.
6. USITC Notification to Commerce Date: Monday, March 15, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Alabama 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 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: India, Russia, Germany, China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-035
Inv. No(s). 731-TA-1014 and 1016 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of polyvinyl alcohol from China and Japan 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 Japan 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 Polyvinyl Alcohol from China and Japan (Inv. Nos. 731-TA-1014 and 1016 (Third Review), USITC Publication 5173, March 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by April 19, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Polyvinyl Alcohol from China and Japan were instituted on April 1, 2020.
On July 6, 2020, the Commission voted to conduct full reviews. 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 Japan, 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.
News Release 21-033
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of phosphate fertilizers from Morocco and Russia that the U.S. Department of Commerce (Commerce) has determined are subsidized by the governments of those countries.
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 duty orders on imports of phosphate fertilizers from Morocco and Russia.
The Commission’s public report Phosphate Fertilizers from Morocco and Russia (Inv. Nos. 701-TA-650-651 (Final), USITC Publication 5172, March 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by April 13, 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
Phosphate Fertilizers from Morocco and Russia
Investigation Nos. 701-TA-650-651 (Final)
Product Description: Phosphate fertilizers contain essential phosphorus (P) plant nutrient applied annually to some 300 million acres of U.S. cropland. The product is sourced from phosphate ores mined and chemically upgraded to plant available fertilizer compounds. Phosphate fertilizers may contain phosphorus nutrient alone or be combined chemically or physically in solid or liquid forms with the other essential fertilizer nutrients, nitrogen (N) and potassium (K). Diammonium phosphate (DAP), and monoammonium phosphate (MAP) are popular high analysis NP granular multinutrient phosphate fertilizers containing 11 to 18 percent N, and 46 to 52 percent plant available phosphate (P2O5), each used for direct application or in NPK bulk blends. Value-added NP specialty products contain sulfur (S) soil amendments (NPS), and NPS-Zinc with micro or secondary nutrients. Other products having more limited use include single nutrient triple superphosphate (TSP), and single superphosphate (SSP), as well as nitrophosphate products. Excluded are liquid ammonium polyphosphate fertilizers, liquid phosphoric acid product, and non-fertilizer phosphates.
Status of Proceedings:
1. Type of investigation: Final countervailing duty investigations.
2. Petitioner: The Mosaic Company, Plymouth, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Hearing Date: Tuesday, February 09, 2021.
5. USITC Vote Date: Thursday, March 11, 2021.
6. USITC Notification to Commerce Date: Tuesday, March 30, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Florida, Idaho, Louisiana, Minnesota, North Carolina, and Wyoming
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: $835 million.
2. Nonsubject imports: $148 million.
3. Leading import sources: Morocco, Russia, and Saudi Arabia.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-032
Inv. No(s). 337-TA-1254
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, wireless infrastructure equipment containing the same, 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 Samsung Electronics Co., Ltd., of Gyeonggi-do, Korea, and Samsung Austin Semiconductor, LLC, of Austin, TX, on February 4, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, wireless infrastructure equipment containing the same, and components thereof that infringe patents asserted by the complainants. 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:
Ericsson AB of Stockholm, Sweden;
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and
Ericsson Inc. of Plano, TX.
By instituting this investigation (337-TA-1254), 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.
News Release 21-031
Inv. No(s). 337-TA-1253
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LTE-compliant cellular communication 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 Evolved Wireless, LLC, of Austin, TX, on February 1, 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 LTE-compliant cellular communication devices 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:
Samsung Electronics Co., Ltd., of Gyeonngi-Do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Motorola Mobility LLC of Chicago, IL.
By instituting this investigation (337-TA-1253), 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.
News Release 21-030
Inv. No(s). 332-573
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has released the second volume of its report on the global economic impact of pesticide maximum residue level (MRL) policies, including missing or low MRLs, for plant protection products.
The investigation, Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, was requested by the U.S. Trade Representative (USTR) in a letter received on August 30, 2019.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, assessed the global economic impact of national policies and regulations related to pesticide MRLs. The USITC report documents the impacts of pesticide MRLs, including when they are missing or low, on farmers and exporters in countries representing a range of income classifications, including the United States.
The USTR requested that the Commission convey the report in two separate volumes. The first volume of the report was released on July 30, 2020.
The information in volume 2 of the report includes, but is not limited to:
- case studies describing the costs and effects of MRL compliance and noncompliance for U.S. producers, including effects on U.S. producers of specialty crops;
- quantitative and qualitative analysis of the global impact of MRLs, including how MRLs affects production, exports, farmer income, and prices; and
- detailed highlights of the Commission's findings can be found in the report's Executive Summary.
Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, Volume 2 (Investigation No. 332-573, USITC publication 5160, January 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5160.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the USTR, 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 factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requestor. General factfinding reports are subsequently released to the public unless they are classified by the requestor for national security reasons.
News Release 21-029
Inv. No(s). 337-TA-1252
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain robotic floor cleaning 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 iRobot Corporation of Bedford, MA, on January 28, 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 robotic floor cleaning devices and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SharkNinja Operating LLC of Needham, MA;
SharkNinja Management LLC of Needham, MA ;
SharkNinja Management Co. of Needham, MA;
SharkNinja Sales Co. of Needham, MA;
EP Midco LLC of Needham, MA; and
SharkNinja Hong Kong Co., Ltd. of Hong Kong.
By instituting this investigation (337-TA-1252), 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.