USITC | United States International Trade Commission

June 19, 2020
News Release 20-062
Inv. No(s). 337-TA-1203
Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Rolled-Edge Rigid Plastic Food Trays

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain rolled-edge rigid plastic food trays. 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 Clearly Clean Products, LLC, of South Windsor, CT, and Converter Manufacturing, LLC, of Orwigsburg, PA, on May 18, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain rolled-edge rigid plastic food trays 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:

Eco Food Pak (USA), Inc., of Chino, CA; and
Ningbo Linhua Plastic Co., Ltd., of Xiwu, Fenghua, China.

By instituting this investigation (337-TA-1203), 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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June 17, 2020
News Release 20-061
Contact: Peg O'Laughlin, 202-205-1819

Jason E. Kearns Named Chairman of the U.S. International Trade Commission

Jason E. Kearns has been named the Chairman of the U.S. International Trade Commission (USITC). He succeeds outgoing Chairman David S. Johanson, who was serving as Chairman by operation of law through June 16, 2020. President Donald Trump designated Commissioner Kearns as Chairman for the term of June 17, 2020, through June 16, 2022.

Chairman Kearns was nominated to the USITC by President Barack Obama on January 17, 2017; re-nominated by President Donald Trump on June 29, 2017; and confirmed by the U.S. Senate on March 1, 2018, for the term expiring on December 16, 2024.

Chairman Kearns served as trade counsel for 11 years on the Democratic staff of the Committee on Ways and Means of the U.S. House of Representatives, including most recently as Chief International Trade Counsel. Prior to his employment at the Committee on Ways and Means, he was the Assistant General Counsel of the Office of the U.S. Trade Representative from 2003-2006.

Earlier in his career, Chairman Kearns practiced international trade law at the law firm of Wilmer, Culter & Pickering (now WilmerHale) from 2000-2003 and worked at the law firm of Mayer, Brown & Platt from 1995-1998, including a stint in the firm’s Bishkek, Kyrgyz Republic office.

Chairman Kearns holds a Bachelor of Arts degree from the University of Denver, a Juris Doctor degree from the University of Pennsylvania School of Law, and a Master of Public Policy degree from Harvard University. Originally from Keenesburg, Colorado, he resides in Washington D.C. with his wife, Lindy, and three children, Ellie, Keevan, and Sander.

The USITC is an independent, nonpartisan, quasi-judicial federal agency that makes determinations in proceedings involving imports claimed to injure a domestic industry, violations of intellectual property rights, or other unfair methods of competition in connection with imported goods; provides independent tariff, trade, and competitiveness-related analysis and information to the legislative and executive branches of government; and maintains the U.S. tariff schedule. The President may designate the Chairman and the Vice Chairman for two-year terms in those positions, or the most senior Commissioner of a party other than that of the outgoing Chairman may accede to the Chairman position by operation of law.

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June 17, 2020
News Release 20-060
Contact: Peg O'Laughlin, 202-205-1819

Randolph J. Stayin Named Vice Chairman of the U.S. International Trade Commission

Randolph J. Stayin, a Republican of Virginia, is the Vice Chairman of the U.S. International Trade Commission (USITC). President Donald Trump designated him Vice Chairman for the two-year Vice Chairmanship term of June 17, 2020, through June 16, 2022.

Stayin was nominated to the USITC by President Trump on October 2, 2017; renominated on January 16, 2019; and confirmed by the U.S. Senate on August 1, 2019, for the Commission term expiring on June 16, 2026.

Prior to his USITC appointment, Stayin had more than 40 years of litigation, legislative, and regulatory advocacy experience in international trade policy, trade law, and regulatory compliance. As an attorney in private practice, he represented clients in antidumping and countervailing duty proceedings, including investigations, sunset reviews, administrative reviews, scope reviews, and anti-circumvention investigations. In addition, global safeguard investigations under section 201, investigations of unfair trade practices under section 301, section 232 national security investigations, and investigations related to the Generalized System of Preferences were also significant in his practice. He has litigated appeals before the U.S. Court of International Trade, the Court of Appeals for the Federal Circuit, and North American Free Trade Agreement (NAFTA) dispute resolution panels.

Stayin is the former Chief of Staff and Director of Legislation to U.S. Senator Robert Taft, Jr., of Ohio. In this role, he led key legislative and political campaigns, advised on proposed legislation and policy implementation, served as the Senator’s lead adviser in negotiating the passage of the Trade Act of 1974, and managed the Senator’s legislative, political, and support staffs on Capitol Hill and in Ohio.

Prior to his confirmation, Stayin also maintained a nonprofit trade association consulting practice, advising clients on a range of nonprofit issues, including legislation, policy, trade, contracts, corporation, employment, technical standards, and antitrust matters.

Stayin holds a Bachelor of Arts degree from Dartmouth College and a Juris Doctor degree from the University of Cincinnati Law School. He is originally from Cincinnati, Ohio. He resides with his wife, Sharon, in Alexandria, VA, and has three children: Gregory, Todd, and Elizabeth.

The USITC is an independent, nonpartisan, quasi-judicial federal agency that makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent tariff, trade, and competitiveness-related analysis and information to the legislative and executive branches of government; and maintains the U.S. tariff schedule. The Chairman and the Vice Chairman are designated by the President for two-year terms in those positions.

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June 11, 2020
News Release 20-059
Inv. No(s). 105-TPA-008
Contact: Peg O'Laughlin, 202-205-1819

USITC Launches Investigation of the Economic Impact on the United States of All Trade Agreements

The U.S. International Trade Commission (USITC) has initiated an investigation of the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.

The investigation, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report, is required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.

As required by the statute, the USITC, an independent, nonpartisan, factfinding federal agency, will submit its report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance by June 29, 2021.

The report is the second of two required by the statute. In addition to updating information provided in the first report, the second report will cover the new United States-Mexico-Canada Agreement (USMCA) and update and add new modeling and other information. The Commission submitted its first report on June 29, 2016.

The Commission’s report will cover the Uruguay Round Agreements; the North American Free Trade Agreement and its successor, the USMCA; and U.S. free trade agreements (FTAs) with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.

The USITC is seeking input for the investigation from all interested parties. The USITC will hold a public hearing in connection with the investigation on October 6, 2020. See below for important information regarding the format and location of this USITC hearing.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on September 21, 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 at the above address and should be submitted no later than 5:15 p.m. on November 6, 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.

Information concerning the format of the hearing and certain other hearing details will be announced on the USITC website at
https://usitc.gov/research_and_analysis/what_we_are_working_on.htm. Once on that webpage, scroll down to the entry for this investigation and click on the link to “hearing instructions.” Interested parties should check the USITC website periodically for updates.

Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated June 11, 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.

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June 11, 2020
News Release 20-058
Inv. No(s). 701-TA-451 and 731-TA-1126 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Lightweight Thermal Paper from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of lightweight thermal paper 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 antidumping and countervailing duty 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 Lightweight Thermal Paper from China (Inv. Nos. 701-TA-451 and 731-TA-1126 (Second Review), USITC Publication 5070, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 14, 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 Lightweight Thermal Paper from China were instituted on December 2, 2019.

On March 6, 2020, 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 response was 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.

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June 9, 2020
News Release 20-055
Contact: Peg O'Laughlin, 202-205-1819

USITC Delivers Preliminary Report on Miscellaneous Tariff Bill Petitions to Congressional Committees, Will Re-Open Portal for Limited Additional Public Comments - CORRECTED

The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees a preliminary report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).

Under the AMCA, USITC is required to receive, analyze, and report on petitions seeking temporary duty suspensions and reductions. The law requires the Commission to deliver its preliminary report to the House of Representatives Committee on Ways and Means and the Senate Committee on Finance. The USITC will ultimately submit a final report to the Committees for their use in developing a miscellaneous tariff bill for Congressional consideration.

The Commission’s preliminary report and other background information can be found here: https://www.usitc.gov/trade_tariffs/mtb_program_information.

In the reports, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or that were not filed by a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).

The Commission’s preliminary report provides recommendations on 3,479 petitions. The largest product categories were chemicals, accounting for 1,857 petitions; machinery and equipment, accounting for 715 petitions; and textiles, apparel and footwear, accounting for 581 petitions. Of the 3,479 petitions, the Commission assigned 2,632 to Categories I through IV, 42 to Category V, and 805 to Category VI.

Commission seeks limited additional comments

The Commission will re-open its Miscellaneous Tariff Bill Petition System portal on ~~Monday~~, Friday, June 12, 2020, to allow the public to submit additional, limited public comments on petitions that the Commission in its preliminary report has included as Category VI petitions (i.e., petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill by Congress).

The Commission will re-open the portal for comments on June 12, 2020, at 8:45 a.m. for a period of 10 days, and will close the portal on June 22, 2020, at 5:15 p.m.

The Commission will only accept information from the public that relates to its decision to place these petitions into Category VI as part of its preliminary report.

Should Commission staff have questions about the information submitted during this limited comment period, they will contact the individual listed as a contact in the comment for clarification.

The Commission has issued a notice formally announcing the opening of this comment period. This notice contains further instructions on the type of information that may be filed and the manner in which it can be filed, including the process for handling confidential business information.

The Commission will deliver its final report to the Committees by August 9, 2020.

Background: The USITC is conducting the second of two miscellaneous tariff bill petition cycles mandated by the AMCA. Under the process, petitioners who could demonstrate that they are likely beneficiaries of a suspension or reduction of duties submitted petitions to the USITC between October 11, 2019, and December 10, 2019. The USITC is now evaluating the petitions and determining whether they meet certain statutory requirements. The law requires the USITC to submit preliminary and final reports concerning its evaluations to the House Committee on Ways and Means and the Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration.

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June 9, 2020
News Release 20-056
Inv. No(s). 701-TA-630 (Final)
Contact: Peg O'Laughlin, 202-205-1819

Subsidized Glass Containers from China Do Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of glass containers from China that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of China.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative.

As a result of the Commission’s negative determination, no countervailing duty order will be imposed on imports of this product from China.

The Commission’s public report Glass Containers from China (Inv. No. 701-TA-630 (Final), USITC Publication 5068, June 2020) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 14, 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

Glass Containers from China
Investigation No. 701-TA-630 (Final)

Product Description: Certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching).

Status of Proceedings:

1.   Type of investigation: Final phase countervailing duty investigation.
2.   Petitioners: American Glass Packaging Coalition, Tampa, FL and Chicago, IL.
3.   USITC Institution Date: Wednesday, September 25, 2019.
4.   USITC Hearing Date: Wednesday, May 6, 2020.
5.   USITC Vote Date: Tuesday, June 9, 2020.
6.   USITC Notification to Commerce Date: Friday, June 26, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers: 6.
2.   Location of producers’ plants: California, Colorado, Florida, Georgia, Illinois, Indiana, Minnesota, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Texas, and Wisconsin.
3.   Production and related workers: 10,849.
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 and Mexico.

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

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June 9, 2020
News Release 20-057
Inv. No(s). 731-TA-1125 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Electrolytic Manganese Dioxide from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of electrolytic manganese dioxide 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 antidumping duty 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 Electrolytic Manganese Dioxide from China (Inv. No. 731-TA-1125 (Review), USITC Publication 5069, June 2020) will contain the views of the Commission and information developed during the review.

The report will be available by July 10, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The five-year (sunset) review concerning Electrolytic Manganese Dioxide from China was instituted on December 2, 2019.

On March 6, 2020, 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.

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June 5, 2020
News Release 20-054
Inv. No(s). 701-TA-510 and 731-TA-1245 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Calcium Hypochlorite from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of calcium hypochlorite 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 antidumping and countervailing duty orders on imports of this product from China will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. Commissioner Jason E. Kearns did not participate in these reviews.

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 Calcium Hypochlorite from China (Inv. Nos. 701-TA-510 and 731-TA-1245 (Review), USITC Publication 5065, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 8, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The five-year (sunset) reviews concerning Calcium Hypochlorite from China were instituted on December 2, 2019.

On March 6, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews. Commissioner Jason E. Kearns did not participate in these reviews.

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June 3, 2020
News Release 20-053
Inv. No(s). 701-TA-512 and 731-TA-1248 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Carbon and Certain Alloy Steel Wire Rod from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of carbon and certain alloy steel wire rod 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 antidumping and countervailing duty 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 Carbon and Alloy Steel Wire Rod from China (Inv. Nos. 701-TA-512 and 731-TA-1248 (Review), USITC Publication 5064, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 6, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The five-year (sunset) reviews concerning Carbon and Certain Alloy Steel Wire Rod from China were instituted on December 2, 2019.

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