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News Release 20-083
Inv. No(s). 701-TA-649 and 731-TA-1523
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of twist ties 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 with its antidumping and countervailing duty investigations concerning imports of this product from China, with its preliminary countervailing duty determination due on or about September 21, 2020, and its preliminary antidumping duty determination due on or about December 3, 2020.
The Commission’s public report Twist Ties from China (Inv. Nos. 701-TA-649 and 731-TA-1523 (Preliminary), USITC Publication 5104, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 8, 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
Twist Ties from China
Investigation Nos. 701-TA-649 and 731‐TA‐1523 (Preliminary)
Product Description: The merchandise covered by this investigation consists of twist ties, which are thin, bendable ties for closing containers, such as bags, bundle items, or identifying objects. The product in most circumstances is comprised of one or more metal wires encased in a covering material, which allows the tie to retain its shape and bind against itself. It is possible to make a twist tie with plastic and no metal wires. The metal wire that is generally used in a twist tie is stainless or galvanized steel and typically measures between the gauges of 19 (0.0410” diameter) and 31 (0.0132”) (American Standard Wire Gauge). The product usually has a width between 0.075” and 1” in the cross-machine direction (width of the tie – measurement perpendicular with the wire); a thickness between 0.015” and 0.045” over the wire; and a thickness between 0.002” and 0.020” in areas without wire. Included are all-plastic twist ties containing a plastic core as well as a plastic covering (the wing) over the core, like paper and/or plastic in a metal tie. An all-plastic twist tie (without metal wire) has the same measurements as a twist tie containing one or more metal wires. Twist ties are commonly available individually in pre-cut lengths (“singles”), wound in large spools to be cut later by machine or hand, or in perforated sheets of spooled or single twist ties that are later slit by machine or by hand (“gangs”). The covering material of a twist tie may be paper (metallic or plain) or plastic and can be dyed in a variety of colors with or without printing. The product may have the same covering material on both sides or one side of paper and one side of plastic. When comprised of two sides of paper, the paper material is bound together with an adhesive or plastic. A twist tie may also have a tag or label attached to it or a pre-applied adhesive attached.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioner: Bedford Industries Inc., Worthington, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Conference Date: Friday, July 17, 2020.
5. USITC Vote Date: Friday, August 7, 2020.
6. USITC Views to Commerce: Monday, August 17, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Arizona and Minnesota.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-082
Inv. No(s). 337-TA-1210
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wrapping material and methods for use in agricultural applications. 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 Tama Group of Israel and Tama USA Inc. of Dubuque, IA, on July 7, 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 wrapping materials and methods for use in agricultural applications that infringe a patent 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:
Zhejiang Yajia Cotton Picker Parts Co., Ltd., of Zhejiang, China;
Southern Marketing Affiliates, Inc., of Jonesboro, AR;
Hai’an Xin Fu Yuan of Agricultural Science and Technology Co., Ltd., of Jiangsu, China; and
Gosun Business Development Co. Ltd. of Grande Prairie, Canada.
By instituting this investigation (337-TA-1210), 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 20-081
Inv. No(s). 337-TA-1209
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain movable barrier operator systems 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 Overhead Door Corporation of Lewisville, TX, and GMI Holdings Inc. of Mount Hope, OH, on July 6, 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 movable barrier operator systems and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified The Chamberlain Group, Inc., of Oak Brook, IL, as the respondent in this investigation.
By instituting this investigation (337-TA-1209), 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 20-080
Inv. No(s). 337-TA-080
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including computers, tablet computers, and components and modules 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 Nokia Technologies Oy and Nokia Corporation, both of Espoo, Finland, on July 2, 2020. The complaint was supplemented on July 17, 20, and 22, 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 electronic devices, including computers, tablet computers, and components and modules 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:
Lenovo (United States), Inc., of Morrisville, NC;
Lenovo Group Limited of Quarry Bay, Hong Kong;
Lenovo (Beijing) Limited of Beijing, China;
Lenovo (Shanghai) Electronics Technology Co. Ltd. of Shanghai, China;
Lenovo PC HK Limited of Quarry Bay, Hong Kong;
Lenovo Information Products Shenzhen Co. Ltd. of Shenzhen, China;
Lenovo Mobile Communication of Wuhan, China;
Lenovo Corporation of Wujiang, China; and
Lenovo Centro Tecnologico S. de RL CV of Nuevo Leon, Mexico.
By instituting this investigation (337-TA-1208), 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 20-079
Inv. No(s). 332-573
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released the first volume of its report on the impact that policies related to pesticide maximum residue levels (MRLs) have on international agricultural trade.
The investigation, Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, was requested by the U.S. Trade Representative (USTR) in a letter received on August 30, 2019. The USTR requested that the Commission convey its report in two separate volumes.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, is assessing the global economic impact of national policies and regulations related to maximum residue levels (MRLs) for plant protection products. The USITC reports will document the impacts of pesticide MRLs, including when they are missing and low, on farmers and exporters in countries representing a range of income classifications.
The information in volume 1 of the report includes, but is not limited to:
- an overview of the role of plant protection products and their MRLs in relation to global production, international trade, and food safety for consumers;
- a description of approaches to establishing national and international MRLs;
- a description of how MRLs for plant protection products are developed, administered, and enforced in major markets for U.S. agricultural products;
- a description of challenges and concerns faced by exporting countries in meeting importing country pesticide MRLs;
- case studies describing the costs and effects of MRL compliance and non-compliance for producers in foreign countries; and
- an economic literature review.
Detailed highlights of the Commission's findings can be found in the report's Executive Summary.
The USITC expects to transmit volume 2 of its report by January 31, 2021, as requested. Volume 2 will include case studies that describe the costs and effects of MRL compliance and noncompliance for U.S. producers and a quantitative analysis on the global impact of MRLs.
Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, Volume 1 (Investigation No. 332-573, USITC publication 5071, June 2020) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5071.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the 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 20-078
Inv. No(s). 701-TA-627-629 and 731-TA-1458-1461 (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 utility scale wind towers from Canada, Indonesia, Korea, and 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 governments of Canada, Indonesia, and Vietnam.
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 Canada, Indonesia, Korea, and Vietnam and countervailing duty orders on imports of this product from Canada, Indonesia, and Vietnam.
The Commission also made negative findings concerning critical circumstances with regard to imports of this product from Korea and Vietnam that are sold at less than fair value and from Indonesia that are subsidized by the government of Indonesia. As a result, these imports will not be subject to retroactive antidumping and countervailing duties.
The Commission’s public report Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam (Inv. Nos. 701-TA-627-629 and 731-TA-1458-1461 (Final), USITC Publication 5101, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available by September 2, 2020; 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 Canada, Indonesia, Korea, and Vietnam
Investigation Nos. 701-TA-627−629 and 731-TA-1458−1461 (Final)
Product Description: Wind towers, whether or not tapered, and sections thereof, are designed to support the nacelle and rotor blades of a wind turbine with a minimum rated electrical power generation capacity exceeding 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 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 tower or sections thereof, unless those components are shipped with the tower sections; and (3) any products covered by the existing antidumping duty order on wind towers from Vietnam.
Status of Proceedings:
1. Type of investigations: Final countervailing duty and antidumping duty investigations.
2. Petitioners: Arcosa Wind Towers Inc., Dallas, TX; and Broadwind Towers Inc., Manitowoc, WI.
3. USITC Institution Date: Tuesday, July 9, 2019.4. USITC Hearing Date: Thursday, June 25, 2020.
5. USITC Vote Date: Thursday, July 30, 2020.
6. USITC Notification to Commerce Date: Wednesday, August 17, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 6.
2. Locations of producers’ plants: Colorado, Illinois, Iowa, Michigan, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin.
3. Production and related workers: 2,186.
4. U.S. producers’ U.S. shipments: $995 million.
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2019:
1. Subject imports: $496 million.
2. Nonsubject imports: 1
3. Leading import sources: Canada, Indonesia, Korea, and Vietnam.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-077
Inv. No(s). 701-TA-417 and 731-TA-953, 957-959, and 961 (3rd Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of carbon and certain alloy steel wire rod from Brazil and the existing antidumping duty orders on imports of this product from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago 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 Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago 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 Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago (Inv. Nos. 701-TA-417 and 731-TA-953, 957-959, and 961 (Third Review), USITC Publication 5100, August 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 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 Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago were instituted on June 3, 2019.
On September 6, 2019, the Commission voted to conduct full reviews. With respect to the orders on imports of this product from Brazil, Indonesia, Moldova, and Trinidad and Tobago, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With respect to the orders on imports of this product from Mexico, Commissioners Johanson, Schmidtlein, Stayin, and Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review. Commissioner Jason E. Kearns did not participate in these adequacy determinations.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 20-076
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
The United States is the world's largest services market and was the world’s leading exporter and importer of services in 2018, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2020 Annual Report.
The USITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually. Each year's report presents a qualitative and quantitative overview of U.S. trade in services and highlights some of the services sectors and geographic markets that contribute substantially to recent services trade performance.
This year’s report focuses on financial services and includes chapters on three specific industries: banking services, insurance services, and securities services. Each chapter analyzes global market conditions in the industry, examines recent trade performance, and summarizes the industry’s outlook.
The report describes trade in services via cross-border transactions through 2018 and via affiliate sales through 2017 (latest available data). Highlights include:
- The services sector represents the largest sector of the U.S. economy, and the United States is the world’s top cross-border exporter and importer of services. In 2018, U.S. exports of private services totaled $805.7 billion, whereas imports totaled $544.3 billion. Preliminary data indicate that cross-border exports of private services rose by 2.2 percent to $823.7 billion in 2019, while imports rose to $571.3 billion. Financial services accounted for 16 percent of total cross-border services exports and 14 percent of imports.
- Within the services sector, sales by foreign affiliates of U.S. firms – the leading channel by which many U.S. services are delivered to foreign markets – totaled $1.6 trillion in 2017 while the value of services purchased from foreign-owned affiliates in the United States totaled $996.0 billion. Financial services accounted 19.8 percent of total sales by the foreign affiliates of U.S. firms and 17.6 percent of total purchases from the U.S, affiliates of foreign firms.
- In 2018, the value of financial services totaled $1.4 trillion, or 8.6 percent of total U.S. private sector gross domestic product. Financial services were also an important contributor to U.S. private sector employment in 2018, accounting for 5.7 percent of the private sector workforce, or 6.7 million full-time equivalent employees. Workers in the financial services industry earned, on average, $108,050 per year in 2018, significantly higher than the average private sector wage of $63,306.
- A well-developed financial services sector provides the economic infrastructure necessary for modern economies to function by mobilizing savings, allocating capital to productive activities, facilitating personal and commercial transactions, and providing instruments to manage risk. Financial services are essential to the production of nearly all goods and services and are crucial facilitators of international trade.
Over the past few years, a number of financial services trends stand out:
- the traditional banking industry is facing growing competition from both financial technology (fintech) startups and more established “big tech” companies;
- insurance companies have developed new lines of insurance that address both emerging cyber risks, like corporate data breaches, and long-standing risks associated with natural disasters; and
- major emerging markets like China and India have announced measures that may serve to liberalize certain financial services market segments; some U.S. securities firms have taken steps to move into China.
The USITC hosted its 13th annual services roundtable on October 23, 2019. The discussion, summarized in the report, focused on the impact of policy uncertainty (such as Brexit or U.S.-China trade negotiations) on output, trade, and the liberalization of trade rules in services industries, and the impact of market factors (such as increasing automation or science, technology, engineering, and mathematics skills shortages) on the capital/labor ratio in services industries, as well as the effect of shifts in the relative importance of these factors on trade patterns and competitiveness.
Recent Trends in U.S. Services Trade, 2020 Annual Report (Investigation No. 332-345, USITC publication 5094, July 2020) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub5094.pdf.
News Release 20-075
Inv. No(s). 731-TA-986-987 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of ferrovanadium from China and South Africa would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China and South Africa 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 Ferrovanadium from China and South Africa (Inv. Nos. 731-TA-986-987 (Third Review), USITC Publication 5099, August 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by August 28, 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 Ferrovanadium from China and South Africa were instituted on January 2, 2020.
On April 6, 2020, 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 20-074
Inv. No(s). 731-TA-1020 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of barium carbonate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Barium Carbonate from China (Inv. No. 731-TA-1020 (Third Review), USITC Publication 5098, August 2020) will contain the views of the Commission and information developed during the review.
The report will be available by August 31, 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) review concerning Barium Carbonate from China was instituted on January 2, 2020.
On April 6, 2020, the Commission voted to conduct an expedited review. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.