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News Release 20-020
Inv. No(s). 337-TA-1192
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nicotine pouches and components thereof and methods of making the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by NYZ AB of Stockholm, Sweden; Swedish Match North America, LLC, of Richmond, VA; Pinkerton Tobacco Co., LP, of Owensboro, KY; and wm17 holding GmbH of Baar, Switzerland, on February 10, 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 nicotine pouches and components thereof and methods of making the same 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:
The Art Factory AB of Helsingborg, Sweden;
Kretek International, Inc., of Moorpark, CA; and
DRYFT Sciences, LLC, of Moorpark, CA.
By instituting this investigation (337-TA-1192), 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 20-019
Inv. No(s). TA-201-075 (Modification)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its report on the probable economic effect on the U.S. industry producing crystalline silicon photovoltaic (CSPV) cells and modules of modifying the safeguard remedy imposed by the President in 2018 on imports of these products.
The report, Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure, was requested by the U.S. Trade Representative (USTR) on December 6, 2019.
The USTR asked the USITC to provide its advice on the probable economic effect on the domestic CSPV cell and module manufacturing industry of modifying the safeguard remedy imposed on imports of these products by the President following a USITC global safeguard investigation concerning them.
Specifically, the USTR requested that the Commission analyze the effect of increasing the level of the tariff-rate quota applicable to imports of CSPV cells from the current 2.5 gigawatts (GW) to 4, 5, or 6 GW, without other changes to the remedy. The original remedy imposed, which took effect on February 7, 2018, was (a) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products and (b) an increase in duties on imports of CSPV modules for a period of four years. See Proclamation 9693 of January 23, 2018.
Under section 204(a)(4) of the Trade Act of 1974, the Commission, upon request of the President, is required to advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of safeguard measures imposed by the President under the Act.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure (Inv. No. TA-201-075 (Modification), USITC Publication 5032, March 2020) is available at https://www.usitc.gov/publications/other/pub5032.pdf.
News Release 20-018
Inv. No(s). 731-TA-1472 (Preliminary)
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 difluoromethane (R-32) from China that are allegedly sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue with its antidumping duty investigation concerning imports of this product from China, with its preliminary antidumping duty determination due on or about July 2, 2020.
The Commission’s public report Difluoromethane (R-32) from China (Inv. No. 731-TA-1472 (Preliminary), USITC Publication 5036, March 2020) will contain the views of the Commission and information developed during the investigation.
The report will be available after April 6, 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
Difluoromethane from China
Investigation No. 731‐TA‐1472 (Preliminary)
Product Description: R-32 is a hydrofluorocarbon (HFC), a colorless, odorless, gaseous chemical that is primarily used as a component in HFC blends. Once blended, these gases are used for various residential and commercial refrigerant and cooling applications. Apart from ‘R-32’, difluoromethane has other names, including HFC-32, FC-32, Freon-32, methylene difluoride, methylene fluoride, carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. Compared to other HFC components, R-32 has a low global warming potential, no ozone depletion potential, and is a low-to-medium temperature refrigerant.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty investigation.
2. Petitioner: Arkema, Inc., PA.
3. USITC Institution Date: Thursday, January 23, 2020.
4. USITC Conference Date: Thursday, February 13, 2020.
5. USITC Vote Date: Thursday, March 5, 2020.
6. USITC Views to Commerce: Monday, March 16, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 1.
2. Location of producer’s plants: Kentucky.
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 20-017
Inv. No(s). 731-TA-1143 (Second 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 small diameter graphite electrodes 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 Small Diameter Graphite Electrodes from China (Inv. No. 731-TA-1143 (Second Review), USITC Publication 5035, March 2020) will contain the views of the Commission and information developed during the review.
The report will be available by April 13, 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 Small Diameter Graphite Electrodes from China was instituted on May 1, 2019.
On August 5, 2019, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, and Jason E. Kearns concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioner Rhonda K. Schmidtlein 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 a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 20-016
Inv. No(s). 701-TA-637 and 731-TA-1471 (Preliminary)
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 vertical shaft engines from China that are allegedly subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 these products from China, with its preliminary countervailing duty determination due on or about April 9, 2020, and its preliminary antidumping duty determination due on or about June 23, 2020.
The Commission’s public report Vertical Shaft Engines from China (Inv. Nos. 701-TA-637 and 731-TA-1471 (Preliminary), USITC Publication 5034, March 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 30, 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
Vertical Shaft Engines from China
Investigation Nos. 701-TA-637 and 731-TA-1471 (Preliminary)
Product Description: Vertical Shaft Engines are engines that are spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts, whether finished or unfinished, whether assembled or unassembled, with a minimum displacement of 225 cubic centimeters (cc) and a maximum displacement of 999cc. Such engines are primarily used for riding lawn mowers and zero-turn radius lawn mowers.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Kohler Company, Kohler, WI; Briggs & Stratton Corporation, Wauwatosa, WI.
3. USITC Institution Date: Wednesday, January 15, 2020.
4. USITC Conference Date: Wednesday, February 5, 2020.
5. USITC Vote Date: Friday, February 28, 2020.
6. USITC Notification to Commerce Date: Monday, March 2, 2020.
U.S. Industry in 2018:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Alabama, Georgia, Kentucky, Mississippi, Missouri, Nebraska, and Wisconsin.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2018:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China, Japan, Thailand.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-018
Inv. No(s). 701-TA-616-617 and 731-TA-1432-1434 (Final)
Contact: Peg O'Laughlin, 202-205-1819
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 fabricated structural steel from Canada, China, and Mexico 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 China and Mexico.
Chairman David S. Johanson and Commissioners Jason E. Kearns and Randolph J. Stayin voted in the negative. Commissioners Rhonda K. Schmidtlein and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s negative determinations, no antidumping or countervailing duties will be imposed on imports from Canada, China, or Mexico.
The Commission’s public report Fabricated Structural Steel from Canada, China, and Mexico (Inv. Nos. 701-TA-616-617 and 731-TA-1432-1434 (Final), USITC Publication 5031, March 2020) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 6, 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
Fabricated Structural Steel from Canada, China, and Mexico
Investigation Nos. 701-TA-616-617 and 731-TA-1432-1434 (Final)
Product Description: Fabricated structural steel (FSS) products are fabricated from steel mill products for erection or assembly into structures, including, but not limited to, commercial buildings (commercial, office, institutional, and multifamily residential); industrial and utility projects; parking decks; arenas and convention centers; medical facilities; and ports, transportation, and infrastructure facilities. FSS products, whether assembled or partially assembled, may include fasteners and may be painted or coated.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: American Institute of Steel Construction Full Member Subgroup, Chicago, IL.
3. USITC Institution Date: Monday, February 4, 2019.
4. USITC Hearing Date: Tuesday, January 28, 2020.
5. USITC Vote Date: Tuesday, February 25, 2020.
6. USITC Notification to Commerce Date: Monday, March 16, 2020.
U.S. Industry in 2018:
1. Number of U.S. producers: More than one hundred.
2. Location of producers’ plants: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.
3. Production and related workers: 20,577.
4. U.S. producers’ U.S. shipments: $6.4 billion.
5. Apparent U.S. consumption: $9.0 billion.
6. Ratio of subject imports to apparent U.S. consumption: 20.4 percent.
U.S. Shipments of Imports in 2018:
1. Subject imports: $1.8 billion.
2. Nonsubject imports: $784.4 million.
3. Leading import sources: China, Canada, and Mexico.
News Release 20-014
Inv. No(s). 701-TA-636 and 731-TA-11469-1470 (Preliminary)
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 wood mouldings and millwork products from Brazil and China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. Commissioner Randolph J. Stayin did not participate in these investigations.
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 these products from Brazil and China, with its preliminary countervailing duty determination due on or about April 2, 2020, and its preliminary antidumping duty determinations due on or about June 16, 2020.
The Commission’s public report Wood Mouldings and Millwork Products from Brazil and China (Inv. Nos. 701-TA-636 and 731-TA-1469-1470 (Preliminary), USITC Publication 5030, March 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 23, 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
Wood Mouldings and Millwork Products from Brazil and China
Investigation Nos. 701-TA-636 and 731-TA-1469-1470 (Preliminary)
Product Description: The merchandise subject to these investigations consists of wood mouldings and millwork products that are made of wood (regardless of wood species), bamboo, laminated veneer lumber (LVL), or of wood and composite materials (where the composite materials make up less than 50 percent of the total merchandise), and which are continuously shaped wood that undergoes additional manufacturing or finger‐jointed or edgeglued moulding or millwork blanks (whether or not resawn).
Status of Proceedings:
1. Type of investigation: Preliminary antidumping and countervailing duty investigations.
2. Petitioners: The Coalition of American Millwork Producers is comprised of Bright Wood Corporation, Madras, OR; Cascade Wood Products, Inc., White City, OR; Endura Products, Inc., Colfax, NC; Sierra Pacific Industries, Red Bluff, CA; Sunset Moulding, Live Oak, CA; Woodgrain Millwork Inc., Fruitland, ID; and Yuba River Moulding, Yuba City, CA.
3. USITC Institution Date: January 8, 2020.
4. USITC Hearing Date: January 29, 2020.
5. USITC Vote Date: February 21, 2020.
6. USITC Notification to Commerce Date: February 24, 2020.
U.S. Industry in 2018:
1. Number of U.S. producers: 14.
2. Location of producers’ plants: Alabama, California, Georgia, Idaho, Kentucky, Nevada, New Mexico, North Carolina, Ohio, Oregon, Tennessee, Texas, Virginia, Washington, and Wisconsin.
3. Production and related workers: [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 2018:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China, Brazil, and Chile.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 20-012
Inv. No(s). TA-201-075 (Monitoring)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its report on its monitoring of developments within the industry producing crystalline silicon photovoltaic (CSPV) products since the President’s imposition of a safeguard measure on imports of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products.
The report, Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Monitoring Developments in the Domestic Industry, is available to the public via the USITC website (www.usitc.gov).
The measure took effect on February 7, 2018. The President imposed the measure after receiving a USITC determination (under section 202 of the Trade Act of 1974) that crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, were being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry. The measure was in the form of (a) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products and (b) an increase in duties on imports of CSPV modules for a period of four years. See Proclamation 9693 of January 23, 2018.
As required by section 204(a) of the Trade Act of 1974, on July 25, 2019, the Commission instituted a mid-term review to report to the President and the Congress on the results of its monitoring of developments within the industry producing CSVP products since imposition of the safeguard measure.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Monitoring Developments in the Domestic Industry (Inv. No. TA-201-075 (Monitoring), USITC Publication 5021, February 2020) is available at https://www.usitc.gov/publications/other/pub5021.pdf.
News Release 20-011
Inv. No(s). 337-TA-1191
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio players and controllers, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Sonos, Inc., of Santa Barbara, CA, on January 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 audio players and controllers, components thereof, and products containing the 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:
Google LLC of Mountain View, CA; and
Alphabet Inc. of Mountain View, CA.
By instituting this investigation (337-TA-1191), 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 20-009
Inv. No(s). 731-TA-1145 (Second 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 steel threaded 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 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, Randoph 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 Steel Threaded Rod from China (Inv. No. 731-TA-1145 (Second Review), USITC Publication 5019, February 2020) will contain the views of the Commission and information developed during the review.
The report will be available by March 12, 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 Steel Threaded Rod from China was instituted on July 1, 2019.
On October 4, 2019, 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.