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News Release 21-018
Inv. No(s). 337-TA-1246
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 Tela Innovations, Inc., of Los Gatos, CA, on December 18, 2020. 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 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 respondents in this investigation:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
ASUSTek Computer Inc. of Taipai, Taiwan;
ASUS Computer International of Fremont, CA;
Intel Corporation of Santa Clara, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Micro-Star International Co., Ltd., of New Taipei City, Taiwan; and
MSI Computer Corp. of City of Industry, CA.
By instituting this investigation (337-TA-1246), 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 20-017
Inv. No(s). 337-TA-1245
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices with wireless connectivity, components thereof, 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 Ericsson Inc., of Plano, TX; Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and Ericsson AB of Stockholm, Sweden, on January 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 electronic devices with wireless connectivity, components thereof, 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:
Samsung Electronics Co., Ltd. of Gyeonggi, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Electronics Thai Nguyen Co., Ltd., of Thai Nguyen, Vietnam;
Samsung Electronics Vietnam Co., Ltd., of Bac Ninh Province, Vietnam; and
Samsung Electronics HCMC CE Complex, Co., Ltd., of Ho Chi Minh City, Vietnam.
By instituting this investigation (337-TA-1245), 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 21-016
Inv. No(s). 701-TA-637 and 731-TA-1471 (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 large vertical shaft engines from China that the U.S. Department of Commerce (Commerce) has determined are 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, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.
The Commission made a negative finding concerning critical circumstances with regard to imports of this product from China that are sold in the United States at less than fair value. As a result, these imports will not be subject to retroactive antidumping duties.
The Commission’s public report Large Vertical Shaft Engines from China (Inv. Nos. 701-TA-637 and 731-TA-1471 (Final), USITC Publication 5162, February 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 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
Large Vertical Shaft Engines from China
Investigation Nos. 701-TA-637 and 731-TA-1471 (Final)
Product Description: Large vertical shaft engines are engines that are spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts, whether finished or unfinished, whether assembled or unassembled, with a minimum displacement of 225 cubic centimeters (“cc”) and a maximum displacement of 999cc. Such engines are primarily used for riding lawn mowers and zero-turn radius lawn mowers.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioners: The Coalition of American Vertical Engine Producers (Kohler Company, Kohler, WI; and Briggs & Stratton Corporation, Wauwatosa, WI.)
3. USITC Institution Date: Wednesday, January 15, 2020.
4. USITC Hearing Date: Tuesday, January 5, 2021.
5. USITC Vote Date: Tuesday, February 2, 2021.
6. USITC Notification to Commerce Date: Not later than Monday, February 22, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Alabama, Georgia, Kentucky, Mississippi, Missouri, Nebraska, 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, Japan, and Thailand.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 21-015
Inv. No(s). 337-TA-1244
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain batteries 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 One World Technologies, Inc., of Anderson, SC, and Techtronic Power Tools Technology Ltd. of Road Town, Tortola, British Virgin Islands, on December 30, 2020. The complaint was supplemented on January 12, 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 batteries and products containing same that infringe patents asserted by the complainants. The complainants request 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:
Darui Development Limited of Yakeshi, China;
Dongguan Xinjitong Electronic Technology Co., Ltd., of Dongguan City, China;
Shenzhen Laipaili Electronics Co., Ltd., of Shenzhen, China;
Shenzhen Liancheng Weiye Industrial Co., Ltd., of Shenzhen, China;
Shenzhen MingYang Creation Electronic Co., Ltd., of Shenzhen, China;
Shenzhen Ollop Technology Co. Ltd., of Shenzhen, China;
Shenzhen Rich Hao Yuan Energy Technology Co., Ltd., of Shenzhen, China;
Shenzhen Runsensheng Trading Co., Ltd., of Shenzhen, China;
Shenzhen Saen Trading Co., Ltd., of Shenzhen, China;
Shenzhen Shengruixiang E-Commerce Co., Ltd., of Shenzhen, China;
Shenzhen Tuo Yu Technology Co., Ltd., of Shenzhen, China;
Shenzhen Uni-Sun Electronics Co., Ltd., of Shenzhen, China; and
Shenzhen Vmartego Electronic Commerce Co., Ltd., of Shenzhen, China.
By instituting this investigation (337-TA-1244), 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 21-014
Inv. No(s). 731-TA-1059
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 hand trucks 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 these products 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 Hand Trucks from China (Inv. No. 731-TA-1059 (Third Review), USITC Publication 5159, February 2021) will contain the views of the Commission and information developed during the review.
The report will be available by March 2, 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 Hand Trucks from China was instituted on July 1, 2020.
On October 5, 2020, the Commission voted to conduct an expedited review. Commissioners 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. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for a full 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 21-013
Inv. No(s). 337-TA-1243
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain active matrix OLED display 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 Solas OLED Ltd. of Dublin, Ireland, on December 28, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain active matrix OLED display 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:
BOE Technology Group Co. Ltd. of Beijing, China;
Beijing BOE Display Technology Co., Ltd., of Beijing, China;
BOE Technology America Inc. of Santa Clara, CA;
Samsung Electronics Co., Ltd., of Gyeonggi-do, South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Display Co., Ltd., of Gyeonggi-Do, South Korea.
By instituting this investigation (337-TA-1243), 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 21-011
Inv. No(s). 332-585
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for a new general factfinding investigation on the effects of foreign censorship policies and practices on businesses in the United States.
The investigation, Foreign Censorship: Trade and Economic Effects on U.S. Businesses, was requested by the U.S. Senate Committee on Finance (Committee) in a letter received on January 4, 2021.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will analyze the effects of censorship policies and practices in key foreign markets on businesses in the United States. The report will:
- identify foreign censorship policies and practices and provide examples that U.S. businesses believe impede trade or investment in key foreign markets;
- describe these policies, including details of how they have evolved over the past 5 years, instances of extraterritorial censorship, and the roles of governmental and non-government actors in their implementation and enforcement; and
- provide qualitative and quantitative analyses of the trade and economic effects of these policies and practices on affected U.S. businesses, with a focus on their impacts on employment, direct costs, forgone revenue and sales, and other relevant effects.
The USITC expects to transmit its report to the Committee no later than July 5, 2022.
The USITC will hold a public hearing in connection with the investigations at 9:30 a.m. on September 14, 2021.
Information about how to participate in the hearing will be posted on the Commission’s website no later than August 3, 2021, 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 August 24, 2021, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. See below for important information regarding filing a request to appear at a USITC hearing.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on October 1, 2021. 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 and appropriate submissions 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 commissionhearings@usitc.gov.
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 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 reason.
News Release 21-012
Inv. No(s). 701-TA-522, 731-TA-1258
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 passenger vehicle and light truck tires 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 these products from China will remain in place. 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.
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 Passenger Vehicle and Light Truck Tires from China (Inv. Nos. 701-TA-522 and 731-TA-1258 (Review), USITC Publication 5158, February 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 26, 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 Passenger Vehicle and Light Truck Tires from China were instituted on July 1, 2020.
On October 5, 2020, the Commission voted to conduct an expedited review. Commissioners 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 expedited reviews. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group response was 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.
News Release 21-010
Inv. No(s). 337-TA-1242
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain IP camera systems including video doorbells 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 SkyBell Technologies, Inc. and SB IP Holdings, LLC, both of Irvine, CA, and Eyetalk365, LLC, of Cornelius, NC, on December 18, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain IP camera systems including video doorbells and components thereof 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:
Vivint Smart Home, Inc., of Provo, UT;
SimpliSafe, Inc., of Boston, MA; and
Arlo Technologies, Inc., of San Jose, CA.
By instituting this investigation (337-TA-1242), 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 21-009
Inv. No(s). 701-TA-636 and 731-TA-1469-1470 (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 wood mouldings and millwork products from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chair Jason E. Kearns and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. Vice Chairman Randolph J. Stayin did not participate in these investigations.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.
The Commission’s public report Wood Mouldings and Millwork Products from China (Inv. Nos. 701-TA-636 and 731-TA-1470 (Final), USITC Publication 5157, February 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 1, 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
Wood Mouldings and Millwork Products from China
Investigation Nos. 701-TA-636 and 731-TA-1470 (Final)
Product Description: The merchandise subject to these investigations consists of wood mouldings and millwork products that are made of wood (regardless of wood species), bamboo, laminated veneer lumber (LVL), or of wood and composite materials (where the composite materials make up less than 50 percent of the total merchandise), and which are continuously shaped wood or finger‐jointed or edge-glued moulding or millwork blanks (whether or not resawn).
Status of Proceedings:
- Type of investigation: Final countervailing duty and antidumping duty investigations.
- Petitioners: The Coalition of American Millwork Producers is comprised of Best Moulding Corporation, Albuquerque, NM; Bright Wood Corporation, Madras, OR; Cascade Wood Products, Inc., White City, OR; Endura Products, Inc., Colfax, NC; Menzner Lumber and Supply Company, Marathon, WI; Pacific Wood Laminates, Brookings, OR; Sierra Pacific Industries, Red Bluff, CA; Sunset Moulding, Live Oak, CA; Woodgrain Millwork Inc., Fruitland, ID; and Yuba River Moulding, Yuba City, CA.
- USITC Institution Date: Wednesday, January 8, 2020.
- USITC Hearing Date: Tuesday, December 22, 2020.
- USITC Vote Date: Friday, January 22, 2021.
- USITC Notification to Commerce Date: Monday, February 8, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 15.
2. Location of producers’ plants: Alabama, California, Georgia, Idaho, Kentucky, Nevada, New Mexico, North Carolina, Ohio, Oregon, Tennessee, Texas, Virginia, Washington, and Wisconsin.
3. Production and related workers: 2,452.
4. U.S. producers’ U.S. shipments: 178.8 million board feet.
5. Apparent U.S. consumption: 1.0 billion board feet.
6. Ratio of subject imports to apparent U.S. consumption: 24.8 percent.
U.S. Imports in 2019:
1. Subject imports: 249.9 million board feet.
2. Nonsubject imports: 589.5 million board feet.
3. Leading import sources: Brazil, China, and Chile.