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News Release 21-089
Inv. No(s). 332-577
Contact: Peg O'Laughlin, 202-205-1819
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.
News Release 21-088
Inv. No(s). 701-TA-661
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 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.
News Release 21-087
Inv. No(s). 337-TA-1270
Contact: Peg O'Laughlin, 202-205-1819
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.
News Release 21-086
Contact: Peg O'Laughlin, 202-205-1819
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.
News Release 21-082
Inv. No(s). 337-TA-1268
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain capacitive touch sensing systems, capacitive touch sensing controllers, microcontrollers with capacitive touch sensing functionality, 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 Neodron Ltd. of Dublin, Ireland, on May 24, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain capacitive touch sensing systems, capacitive touch sensing controllers, microcontrollers with capacitive touch sensing functionality, and components thereof that infringe certain patent claims 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:
STMicroelectronics N.V., of Geneva, Switzerland;
STMicroelectronics, Inc., of Geneva, Switzerland;
STMicroelectronics (North America) Holding, Inc., of Geneva, Switzerland;
Cypress Semiconductor Corp., of San Jose, CA;
Renesas Electronics Corp., of Koto-ku, Japan;
Renesas Electronics America Inc., of Milpitas, CA; and
Renesas Technology America, Inc., of Milpitas, CA.
By instituting this investigation (337-TA-1268), 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 21-080
Inv. No(s). 337-TA-1267
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain power inverters and converters, vehicles 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 Arigna Technology Limited of Dublin, Ireland, on May 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 power inverters and converters, vehicles containing the same, 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:
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Audi AG of Ingolstadt, Germany;
Audi of America, LLC, of Herndon, VA;
Bentley Motors Limited of Cheshire, United Kingdom;
Bentley Motors, Inc., of Reston, VA;
Automobili Lamborghini America, LLC, of Herndon, VA;
Automobili Lamborghini S.p.A. of Sant’Agata Bolognese, Italy;
Porsche AG of Stuttgart, Germany;
Porsche Cars North America, Inc., of Atlanta, GA;
Daimler AG of Stuttgart, Germany;
Mercedes-Benz USA, LLC, of Sandy Springs, GA;
Bayerische Motoren Werke AG of Munich, Germany;
BMW of North America, LLC, of Woodcliff Lake, NJ;
General Motors Company of Detroit, MI; and
General Motors LLC of Detroit, MI.
By instituting this investigation (337-TA-1267), 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 21-081
Inv. No(s). 701-TA-647 and 731-TA-1517-1520 (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 passenger vehicle and light truck tires from Korea, Taiwan, and Thailand that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of Vietnam.
The Commission further found that imports of these products from Vietnam that Commerce has determined are sold in the United States at less than fair value are negligible and voted to terminate the antidumping duty investigation concerning Vietnam.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners Rhonda K. Schmidtlein and Amy A. Karpel voted in the affirmative with respect to the antidumping duty investigations involving Korea, Taiwan, and Thailand and the countervailing duty investigation concerning Vietnam. They made a finding of negligibility with respect to the antidumping duty investigation involving Vietnam.
Commissioner David S. Johanson voted in the negative with respect to the antidumping duty investigations involving Korea, Taiwan, and Thailand and the countervailing duty investigation concerning Vietnam. He made a finding of negligibility with respect to the antidumping duty investigation involving Vietnam.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of these products from Korea, Taiwan, and Thailand, and a countervailing duty order on imports of these products from Vietnam. As a result of the finding of negligibility, the antidumping duty investigation regarding imports of these products from Vietnam will be terminated.
The Commission’s public report Passenger Vehicle and Light Truck Tires from Korea, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA- 647 and 731-TA-1517-1520 (Final), USITC Publication 5212, July 2021) will contain the views of the Commission and information developed during the investigations. The report will be available by July 28, 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
Passenger Vehicle and Light Truck Tires from Korea, Taiwan, Thailand, and Vietnam
Investigation Nos. 701-TA-647 and 731-TA-1517-1520 (Final)
Product Description: Passenger vehicle and light truck tires (PVLT tires) are new pneumatic tires of rubber, designed principally for highway use on standard passenger cars, sport utility and crossover vehicles, vans and light trucks. Subject tires are primarily of tubeless steel-belted radial ply design, sold in the 13- to 26-inch rim diameter range to original equipment manufacturers or in replacement markets. PVLT tires, tube or tubeless, radial or non-radial, produced domestically or imported must conform to applicable motor vehicle safety standards of the National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT), including the "DOT" symbol on subject tire sidewalls. Excluded from the scope are tires absent the DOT symbol, certain off-the-road, spare, and trailer tires, used or retreaded tires, or non-pneumatic tires such as solid rubber tires, and specifications outside of the Tire and Rim Association Year Book.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioner: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC ("USW").
3. USITC Institution Date: Wednesday, May 13, 2020.
4. USITC Hearing Date: Tuesday, May 25, 2021.
5. USITC Vote Date: Wednesday, June 23, 2021.
6. USITC Notification to Commerce Date: Wednesday, July 7, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 14.
2. Location of producers’ plants: Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Mississippi, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, and Virginia.
3. Production and related workers: 41,242.
4. U.S. producers’ U.S. shipments: $10.2 billion.
5. Apparent U.S. consumption: $20.1 billion.
6. Ratio of subject imports to apparent U.S. consumption: 30.4 percent by volume.
U.S. Imports in 2020:
1. Subject imports: $4.4 billion.
2. Nonsubject imports: $5.5 billion.
3. Leading import sources: Thailand, Korea, Mexico, Indonesia, and Vietnam by volume.
News Release 21-079
Inv. No(s). 731-TA-1537 (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 chassis and subassemblies from China 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 China.
The Commission’s public report Chassis and Subassemblies from China (Inv. No. 731-TA-1537 (Final), USITC Publication 5211, June 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by July 22, 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
Chassis and Subassemblies from China
Investigation No. 731-TA-1537 (Final)
Product Description: Chassis are skeletal rectangular framed trailers used to transport shipping containers. The rectangular frame is made up of steel with a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, a coupling for towing behind a truck tractor, and a locking system or systems to secure the shipping container or containers attached to the chassis. Chassis are designed to carry containers of various sizes (usually ranging from 20-feet to 53-feet in the United States).
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigation.
2. Petitioners: Coalition of American Chassis Manufacturers (Cheetah Chassis Corporation, Fairless Hills, PA; Hercules Enterprises LLC, Hillsborough, NJ; Pitts Enterprises, Inc., Pittsview, AL; Pratt Industries, Inc., Bridgman, MI; Stoughton Trailers, Stoughton, WI.)
3. USITC Institution Date: Thursday, July 30, 2020.
4. USITC Hearing Date: Tuesday, March 16, 2021.
5. USITC Vote Date: Monday, June 21, 2021.
6. USITC Notification to Commerce Date: Thursday, July 1, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 5.
2. Location of producers’ plants: Alabama, California, Michigan, New Jersey, Pennsylvania, South Carolina, Virginia, and Wisconsin.
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, Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-078
Inv. No(s). 701-TA-526 and 731-TA-1262 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of melamine 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 determinations, the existing orders 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 Melamine from China (Inv. Nos. 701-TA-526 and 731-TA-1262 (Review), USITC Publication 5210, June 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by July 21, 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 Melamine from China were instituted on November 2, 2020.
On February 5, 2021, the Commission voted to conduct expedited reviews. 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 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.
News Release 21-077
Inv. No(s). 701-TA-648 and 731-TA-1521-1522 (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 walk-behind lawn mowers from China and threatened with material injury by reason of imports of walk-behind lawn mowers from Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from China and Vietnam and a countervailing duty order on imports of this product from China.
The Commission’s public report Walk-Behind Lawn Mowers from China and Vietnam (Inv. Nos. 701-TA- 648 and 731-TA-1521-1522 (Final), USITC Publication 5209, July 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 19, 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
Walk-Behind Lawn Mowers from China and Vietnam
Investigation Nos. 701-TA-648 and 731-TA-1521-1522 (Final)
Product Description: Walk-behind mowers are generally used for the maintenance and cutting of residential grass yards. Walk-behind mowers are designed to be manually operated and move over surfaces by being either self-propelled or pushed from behind by an operator. These mowers consist of internal combustion engines with a maximum power output less than 3.7kW, metal cutting deck shells, blades, handles, wheels, and a variety of fasteners (i.e. screws, nuts, and bolts).
Status of Proceedings:
1. Type of investigations: Final antidumping duty and countervailing duty investigations.
2. Petitioner: MTD Products, Inc., Valley City, OH.
3. USITC Institution Date: Tuesday, May 26, 2020.
4. USITC Hearing Date: Tuesday, May 18, 2021.
5. USITC Vote Date: Wednesday, June 16, 2021.
6. USITC Notification to Commerce Date: Friday, July 2, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 4.
2. Location of producers’ plants: Georgia, Mississippi, Missouri, North Carolina, Ohio, and Wisconsin.
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, Mexico, Vietnam, and the United Kingdom.
[1] Withheld to avoid disclosure of business proprietary information.