September 3, 2020
News Release 20-106
Inv. No(s). 337-TA-1219
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Non-Invasive Aesthetic Body-Contouring Devices, Components Thereof, and Methods of Using the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain non-invasive aesthetic body-contouring devices, components thereof, and methods of using 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 BTL Industries, Inc., of Marlborough, MA, on August 5, 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 non-invasive aesthetic body-contouring devices, components thereof, and methods of using same 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:

Allergan Limited of Dublin, Ireland;
Allergan USA, Inc., of Madison, NJ;
Allergan, Inc., of Madison, NJ;
Zeltiq Aesthetics, Inc., of Pleasanton, CA;
Zeltiq Ireland Unlimited Company of Galway, Ireland; and
Zimmer MedizinSysteme GmbH of Neu-Ulm, Germany.

By instituting this investigation (337-TA-1219), 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.

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September 1, 2020
News Release 20-105
Inv. No(s). 337-TA-1218
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section Investigation of Certain Variable Speed Wind Turbine Generators and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain variable speed wind turbine generators 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 General Electric Company of Boston, MA, on July 31, 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 variable speed wind turbine generators 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:

Siemens Gamesa Renewable Energy Inc. of Orlando, FL;
Siemens Gamesa Renewable Energy A/S of Brande, Denmark; and
Gamesa Electric, S.A.U., of Zamudio, BI, Spain.

By instituting this investigation (337-TA-1218), 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.

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September 1, 2020
News Release 20-104
Inv. No(s). 337-TA-1217
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Blowers and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blowers 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 Regal Beloit America, Inc., of Beloit, WI, on July 31, 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 blowers and components thereof 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:

East West Manufacturing, LLC, of Atlanta, GA; and
East West Industries of Thu Dau Mot City, Binh Duong, Vietnam.

By instituting this investigation (337-TA-1217), 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.

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August 31, 2020
News Release 20-103
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases The Year in Trade 2019

The U.S. International Trade Commission (USITC) today released The Year in Trade 2019, its annual overview of developments regarding the administration of U.S. trade laws and trade agreements.

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 71st 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 2019.

The Year in Trade 2019 covers:

  • all U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, national security, and section 301 cases active in 2019.  In addition, the 2019 report covers 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, the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum;

  • negotiations on U.S. FTAs with Japan, the European Union, and the United Kingdom; negotiations on modifications to the U.S.-Korea FTA and the United States-Canada-Mexico Agreement; and developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and

  • bilateral trade issues with selected major U.S. trading partners -- the European Union, Mexico, Canada, China, Japan, South Korea, India, and Taiwan.

The report also provides an overview of U.S. trade in goods and services during 2019. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and FTAs.

An interactive, web-based version of The Year in Trade 2019 is also available at https://www.usitc.gov/publications/332/tradebalance.html and https://www.usitc.gov/publications/332/appendixa.html.

The Year in Trade 2019 (USITC Publication 5055, August 2020) will be posted on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5055.pdf

Other reports in this series dating back to 1948 can also be found on the Commission's website at https://www.usitc.gov/annual_reports_archive.

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August 31, 2020
News Release 20-102
Inv. No(s). 337-TA-1216
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Vacuum Insulated Flasks and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vacuum insulated flasks 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 Steel Technology LLC d/b/a Hydro Flask of Bend, OR, and Helen of Troy Limited of El Paso, TX, on July 29, 2020.  A supplement to the complaint was filed on August 18, 2020.  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 vacuum insulated flasks and components thereof that infringe patents and registered trademarks 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:

Everich and Tomic Houseware Co., Ltd., of  Hangzhou, China;
Cangnan Kaiyisi E-Commerce Technology Co., Ltd., of Wenzhou, Zhejiang, China;
Shenzhen Huichengyuan Technology Co., Ltd., of Shenzhen, Guangdong, China;
Sinbada Impex Co., Ltd., of Hefei, Anhui, China;
Yongkang Huiyun Commodity Co., Ltd., of Jinhua, Zhejiang, China;
Wuyi Loncin Bottle Co., Limited, of Jinhua, Zhejiang, China;
Yiwu Honglu Daily Necessities Co., Ltd., Yiwu City, Zhejiang, China;
Zhejiang Yuchuan Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Zhejiang Yongkang Unique Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Suzhou Prime Gifts Co., Ltd., of Suzhou, Jiangsu, China;
Hangzhou Yuehua Technology Co., Ltd., of Hangzhou, Zhejiang, China;
Guangzhou Yawen Technology Co., Ltd., of Tianhe District, Guangzhou, China;
Yiwu Yiju E-commerce Firm of Yiwu City, Zhejiang Province, China;
Jinhua Ruizhi Electronic Commerce Co., Ltd., of Jinhua City, Zhejiang Province, China;
Womart (Tianjin) International Trade Co., Ltd., of Tianjin, China;
Shenzhen Yaxin General Machinery Co., Ltd., of Shenzhen, China;
Dunhuang Group a.k.a. DHgate of Beijing, China;
Eddie Bauer, LLC, of Bellevue, WA;
PSEB Holdings, LLC, of Wilmington, DE; and
HydroFlaskPup of Phoenix, AZ.

By instituting this investigation (337-TA-1216), 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.

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August 27, 2020
News Release 20-101
Inv. No(s). 701-TA-415 and 731-TA-933-934 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of polyethylene terephthalate (PET) film, sheet, and strip from India and Taiwan 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 India and Taiwan will remain in place. 

Vice Chair Randolph J. Stayin and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.  Chair Jason E. Kearns did not participate in this vote.

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 Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan (Inv. Nos. 701-TA-415 and 731-TA-933-934 (Third Review), USITC Publication 5117, September 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by October 8, 2020; 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 Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan were instituted on July 1, 2019.

On April 6, 2020, the Commission voted to conduct full reviews. With respect to India, Commissioners David S. Johanson and Randolph J. Stayin concluded that both the domestic and the respondent group responses were adequate and voted for full reviews; Commissioner Jason E. Kearns concluded that the domestic group response was adequate and the respondent group responses were inadequate but that circumstances warranted full reviews; and Commissioners Rhonda K. Schmidtlein and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.  With respect to Taiwan, all five Commissioners concluded that the respondent group response was adequate and the respondent group response was inadequate; Commissioners Johanson, Kearns, and Stayin voted for a full review, and Commissioners Schmidtlein and Karpel voted for an expedited 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.

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August 24, 2020
News Release 20-100
Inv. No(s). 332-579
Contact: Peg O'Laughlin, 202-205-1819
USITC to Investigate Effects of the Canada_EU Trade Agreement on the U.S. Lobster Industry

The U.S. International Trade Commission (USITC) is seeking input for an investigation of the possible negative effects of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) on the U.S. lobster industry and the volume of U.S. exports of lobster.

The investigation, Lobsters: Effects of the Canada-EU Trade Agreement on the U.S. Industry, was requested by the U.S. Trade Representative (USTR) in a letter received on July 29, 2020. USTR’s request was directed by Presidential Memorandum on Protecting the United States Lobster Industry issued on June 24, 2020.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will:

  • provide an overview of the U.S. and Canadian lobster industries, including information on production and catch levels, employment, processing capacity, supply chains, prices, domestic consumption, and key factors that affect industry competitiveness;

  • provide a description of trends in lobster exports from the U.S. and Canada to the European Union (EU) and United Kingdom (UK), as well as other major destination markets, including but not limited to China, over the last five years;

  • provide information on the tariff treatment of U.S. and Canadian exports of lobster to the EU, the UK and other major destination markets, including but not limited to China, since the implementation of CETA; and

  • provide a quantitative analysis of the economic effects of the CETA on the volume of U.S. exports of lobster to the EU and the UK.

The USITC expects to deliver the report to the USTR by January 29, 2021.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on October 1, 2020.  Because COVID-19 mitigation measures are in effect, the public hearing will be held via a videoconference platform. 

Information about how to participate in the hearing will be posted on the Commission’s website no later than September 4, 2020, 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 September 15, 2020,  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 16, 2020. 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, including requests 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 August 24, 2020, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or 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 reasons.

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August 21, 2020
News Release 20-099
Inv. No(s). 701-TA-654-655, 731-TA-1529-1532
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes To Continue Investigations on Seamless Standard, Line, and Pressure Pipe from Czechia, Korea, Russia, and Ukraine

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 seamless standard, line, and pressure pipe from Czechia, Korea, Russia, and Ukraine that are allegedly sold in the United States at less than fair value and subsidized by the governments of Korea and Russia.

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 seamless standard, line, and pressure pipe, with its preliminary countervailing duty determinations due on or about October 1, 2020, and its preliminary antidumping duty determinations due on or about December 15, 2020. 

The Commission’s public report Seamless Carbon and Alloy Standard, Line, and Pressure Pipe from Czechia, Korea, Russia, and Ukraine (Inv. Nos. 701-TA-654-655 and 731-TA-1529-1532 (Preliminary), USITC Publication 5114, August 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after September 21, 2020; 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

Seamless carbon and alloy steel standard, line, and pressure pipe from Czechia, Korea, Russia, and Ukraine
Investigation Nos. 701-TA-654-655 and 731-TA-1529-1532 (Preliminary)

Product Description:  The merchandise covered by the scope of these investigations is seamless carbon and alloy steel (other than stainless steel) pipes and redraw hollows, less than or equal to 16 inches (406.4 mm) in outside diameter, regardless of wall-thickness, manufacturing process (e.g., hot-finished or cold-drawn), end finish (e.g., plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., bare, lacquered or coated). Standard, line, and pressure pipe is generally intended to convey liquids and is typically tested and rated for its ability to withstand hydrostatic pressure.

Status of Proceedings:

1.   Type of investigation: Preliminary countervailing duty and antidumping duty investigations.
2.   Petitioners:  Vallourec Star, LP; Houston, Texas.
3.   USITC Institution Date:  Wednesday, July 08, 2020.
4.   USITC Conference Date:  Wednesday, July 29, 2020.
5.   USITC Vote Date:  Friday, August 21, 2020.
6.   USITC Notification to Commerce Date:  Monday, August 24, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  6.
2.   Location of producers’ plants:  Alabama, Illinois, Louisiana, Ohio, Pennsylvania, and Texas.
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:  $763 million.
3.   Leading import sources:  Mexico, Germany, Ukraine, and Japan.

 

[1] Withheld to avoid disclosure of business proprietary information.

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August 21, 2020
News Release 20-098
Inv. No(s). 701-TA-656, 731-TA-1533
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations on Metal Lockers from China

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 metal lockers from China 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 metal lockers from China, with its preliminary countervailing duty determination due on or about October 2, 2020, and its preliminary antidumping duty determination due on or about December 16, 2020. 

The Commission’s public report Metal Lockers from China (Inv. Nos. 701-TA-656 and 731-TA-1533 (Preliminary), USITC Publication 5113, August 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after September 21, 2020; 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

Certain Metal Lockers and Parts Thereof from China
Investigation Nos. 701-TA-656 and 731-TA-1533 (Preliminary)

Product Description:  The merchandise subject to these investigations consists of certain metal lockers, with or without doors, and parts thereof (metal lockers). These metal lockers are storage devices that are typically made of flat-rolled metal, metal mesh and/or expanded metal, which include but is not limited to alloy or non-alloy steel, stainless steel, or aluminum. The subject metal lockers may be shipped as individual or multiple locker units preassembled, welded, or combined into banks or tiers or as sets of component parts, bulk packed or any combination thereof. The scope also includes all parts and components of these metal lockers as well as accessories that are attached to the metal lockers when installed.

Status of Proceedings:

1.   Type of investigation:  Preliminary countervailing duty and antidumping duty investigations.
2.   Petitioners:  List Industries, Inc., Deerfield Beach, Florida; Lyon LLC, Montgomery, Illinois; Penco Products, Inc., Greenville, North Carolina; and Tennsco Corp., Dickson, Tennessee.
3.   USITC Institution Date:  Thursday, July 9, 2020.
4.   USITC Conference Date:  Thursday, July 30, 2020 (conducted through written statements, testimony, and questions and responses (July 28-August 4, 2020)).
5.   USITC Vote Date:  Friday, August 21, 2020.
6.   USITC Notification to Commerce Date:  Monday, August 24, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  8.
2.   Location of producers’ plants:  Colorado, Florida, Illinois, Nevada, New York, North Carolina, Tennessee, and Texas.
3.   Production and related workers:  737.
4.   U.S. producers’ U.S. shipments:  $157 million.
5.   Apparent U.S. consumption:  [1]
6.   Ratio of subject imports to apparent U.S. consumption:  [1]>

U.S. Imports in 2019:

1.   U.S. importers’ U.S. shipments:  $71 million.
2.   Nonsubject imports:  [1]
3.   Leading import sources:  China.

 

[1] Withheld to avoid disclosure of business proprietary information.

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August 19, 2020
News Release 20-094
Inv. No(s). 337-TA-1215
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Mobile Electronic Devices and Laptop Computers

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile electronic devices and laptop computers.  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 Maxell, Ltd., of Kyoto, Japan, on July 17, 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 mobile electronic devices and laptop computers 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 Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-1215), 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.

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