USITC
USITC Makes Determinations in Five-Year (Sunset) Review Concerning Biaxial Integral Geogrid Products from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of biaxial integral geogrid products 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.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Biaxial Integral Geogrid Products from China (Inv. Nos. 701-TA-554 and 731-TA-1309 (First Review), USITC Publication 5369, September 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 13, 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 Biaxial Integral Geogrid Products from China was instituted on February 1, 2022.
On May 9, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and 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 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 Audio Players and Components Thereof I
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain audio players 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 Google LLC of Mountain View, CA on August 9, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audio players and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Sonos, Inc. of Santa Barbara, CA as the respondent this investigation.
By instituting this investigation (337-TA-1329), 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 Audio Players and Components Thereof II
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain audio players 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 Google LLC of Mountain View, CA on August 9, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audio players and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Sonos, Inc. of Santa Barbara, CA as the respondent this investigation.
By instituting this investigation (337-TA-1330), 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 Certain Amorphous Silica Fabric from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of certain amorphous silica fabric 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.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Certain Amorphous Silica Fabric from China (Inv. Nos. 701-TA-555 and 731-TA-1310 (First Review), USITC Publication 5368, September 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 7, 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 Certain Amorphous Silica Fabric from China was instituted on February 1, 2022.
On May 9, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and 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 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 Pillows and Seat Cushions, Components Thereof, and Packaging Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pillows and seat cushions, components thereof, 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 Purple Innovation, LLC of Lehi, Utah on August 5, 2022. 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 pillows and seat cushions, components thereof, and packaging thereof that infringe patents, trademarks, and trade dress asserted by the complainant. The complainant requests that the USITC issue a limited and a general exclusion order, or in the alternative limited exclusion orders, and cease and desist orders.
The USITC has identified the following as the respondents this investigation:
Bedmate-U Co., Ltd. of Gwangju-si, Gyeonggi-do, Korea;
Chuang Fan Handicraft Co., Ltd. of Wenzhou, Zhejiang, China;
Dongguan Bounce Technology Co., Ltd. of Dongguan, Guangdong, China;
Dongguan Jingrui Silicone Technology Co., Ltd. of Dongguan, Guangdong, China;
Foshan Dirani Design Furniture Co., Ltd. of Foshan, Guangdong, China;
Global Ocean Trading Co., Ltd. of Foshan, Guangdong, China;
Guang An Shi Lin Chen Zai Sheng Wuzi Co., Ltd. of Wenzhou, Zhejiang, China;
Guang Zhou Wen Jie Shang Mao Youxian Gongsi Co., Ltd. of Chenjia, Chongming, Shanghai, China;
Guangzhou Epsilon Import and Export Co., Ltd. of Guangzhou, Guangdong, China;
Guangzhoushi Baixiangguo Keji Youxian Gonsgi Co., Ltd. of Guangzhou, Guangdong, China;
Haircrafters LLC of Chattanooga, TN;
Hangzhou Lishang Import & Export Co., Ltd. of Hangzhou, Zhejiang, China;
Hangzhou Lydia Sports Goods Co., Ltd. of Hangzhou, Zhejiang, China;
Hebei Zeyong Technology Co., Ltd. of Hengshui, Hebei, China;
Henson Holdings, LLC d/b/a SelectSoma of Lafayette, LA;
Hetaibao of Linquan, Anhui, China;
Hubei Sheng Bingyi Dianzi Keji Youxian Gongsi Co., Ltd. of Hanchuan, Hubei, China;
Kaifeng Shi Long Ting Qu Chen Yi Shangmao Youxian Gongsi Co., Ltd. of Kaifeng, Henan, China;
Lankao Junchang Electronic Commerce Co., Ltd. of Kaifeng, Henan, China;
Lei Lei Weng of Linquan, Anhui, China;
Liu Lin Xian Xu Bin Dian Zi Chan Pin Dian of Liulin, Shanxi, China;
Nanchang Shirong Bao Er Guanggao Youxian Gongsi Co., Ltd. of Nanchang, Jiangxi, China;
Ningbo Bolian Import & Export Co., Ltd. of Ningbo, Zhejiang, China;
Ningbo Minzhou Import & Export Co., Ltd. of Haishu, Beijing, China;
Ruian Xiu Yuan Guoji Mao Yi Youxian Gongsi Co., Ltd. of Wenzhou, Zhejiang, China;
Shandong Jiu Hui Xinxi Keji Youxian Gongsi Co., Ltd. of Jinan, Shangdong, China;
Shanxi Chao Ma Xun Keji Youxian Gongsi Co., Ltd. of Xinzhou, Shanxi, China;
Shenzhen Baibaikang Technology Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Leadfar Industry Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Mai Rui Ke Dianzi Shangwu Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Xin Shangpin Dianzi Shangwu Youxian Gongsi Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Yan Huang Chu Hai Keji Youxian Gongsi Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Yuxiang Meirong Youngju Youxian Gongsi Co., Ltd., China;
Shenzhen Tianrun Material Co., Ltd. of Shenzhen, Guangdong, China;
Wuhan Chenkuxuan Technology Co., Ltd. of Wuhan, Hubei, China;
Xiao Dawei of Xiamen, Fujian, China;
Xiao Xiao Pi Fa Shang Mao You Xian Ze Ren Gongsi Co. of Luliang, Shanxi, China;
YaRu Wang of Luliang, Shanxi, China;
Yiwu Youru E-commerce Co., Ltd. of Jinhua, Zhejiang, China;
Zhejiang Xinhui Import & Export Co., Ltd. of Hangzhou, Zhejiang, China; and
Zhou Meng Bo of Shenzhen, Guangdong, China.
By instituting this investigation (337-TA-1328), 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 Releases the Year in Trade 2021
The U.S. International Trade Commission (USITC) today released The Year in Trade 2021 (Inv. No. 332-345), its annual overview of developments regarding the operation of the U.S. trade agreements program for 2021.
The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 73rd in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.
The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2021.
In addition to discussion on the impacts of the COVID-19 pandemic and supply chain disruptions on international trade, topics covered in The Year in Trade 2021 include:
- U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, national security, and section 301 cases active in 2021;
- amendments to the Harmonized Tariff Schedule of the United States, and the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, the Nepal Trade Preferences Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
- WTO dispute settlement decisions and other significant activities in the WTO and initiatives under the Organisation for Economic Co-operation and Development and the Asia-Pacific Economic Cooperation forum;
- implementation and enforcement matters under the United States-Canada-Mexico Agreement and other U.S. FTAs in effect; and
- bilateral trade issues with selected major U.S. trading partners -- the European Union, Mexico, Canada, China, Japan, the United Kingdom, and India.
The report also provides an overview of U.S. trade in goods and services during 2021. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and FTAs.
The Year in Trade 2021 (USITC Publication 5349, August 2022) will be posted on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5349.pdf.
A set of interactive, web-based presentations of underlying data is also available at:
- Interactive dashboard: https://www.usitc.gov/publications/332/yit_2021_interactive_dashboard
- Interactive Exchange Rate figure: https://www.usitc.gov/publications/332/yit_2021_interactive_exchange_rate
- Trade Balance: https://www.usitc.gov/publications/332/yit_2021_interactive_dashboard
- Sector: https://www.usitc.gov/publications/332/yit_2021_sector
USITC Institutes Section 337 Investigation of Certain Solar Power Optimizers, Inverters, and Components Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain solar power optimizers, inverters, 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 Ampt, LLC of Fort Collins, CO on July 28, 2022. 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 solar power optimizers, inverters, 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 the respondents this investigation:
SolarEdge Technologies, Inc. of Milpitas, CA; and
SolarEdge Technologies, Ltd. of Herzliya, Israel.
By instituting this investigation (337-TA-1327), 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 Robotic Pool Cleaners and Components Thereof
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain robotic pool cleaners 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 Zodiac Pool Systems LLC of Carlsbad, CA and Zodiac Pool Care Europe of Belberaud, France on July 29, 2022. 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 robotic pool cleaners 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 the respondents this investigation:
Wybotics Co. Ltd. d/b/a Winny Pool Cleaner, f/k/a Tianjin Wangyuan Environmental Protection and Technology Co., Ltd. of Tianjin, China;
Tianjin Pool & Spa Corporation, Commerce, CA;
Shenzhen Aiper Intelligent Col, Ltd. of Shenzhen, Guangdong, China;
Aiper Intelligent, LLC of Roswell, GA; and
Aiper, Inc. of Los Angeles, CA.
By instituting this investigation (337-TA-1326), 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 Soft Projectile Launching Devices, Components Thereof, Ammunition, and Products Containing Same
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain soft projectile launching devices, components thereof, ammunition, 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 Hasbro, Inc, of Pawtucket, RI and Spin Master, Inc. of Los Angeles, CA on July 21, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain soft projectile launching devices, components thereof, ammunition, 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 the respondents this investigation:
Shenzhen Yi Jin Electronics Science of Shenzhen City, Guangdong Province, China;
Guangdong Yu Lee Technology Corporation of Dongguan City, Guangdong Province, China;
Yu Lee Company Ltd. of Tsuen Wan, Hong Kong;
Gel Blaster, Inc. f/k/a Gel Blaster, LLC, Austin, TX;
S-Beam Precision Products Ltd. of Zhongshan City, Guangdong Province, China;
Splat-R-Ball, LLC, of Rogers, AR;
Daisy Manufacturing Company of Rogers, AR;
Prime Time Toys Ltd. of Kwun Tong, Hong Kong;
Prime Time Toys LLC of Pompton Lakes, NJ; and
Easebon Services Ltd. of Kwun Tong, Hong Kong.
By instituting this investigation (337-TA-1325), 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 Determination in Five-Year (Sunset) Review Concerning Wooden Bedroom Furniture from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of wooden bedroom furniture 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.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Wooden Bedroom Furniture from China (Inv. No. 731-TA-1058 (Third Review), USITC Publication 5348, August 2022) will contain the views of the Commission and information developed during the review.
The report will be available by September 19, 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 Wooden Bedroom Furniture from China was instituted on January 3, 2022.
On April 8, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and 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.
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.