September 20, 2019
News Release 19-092
Inv. No(s). 332-345
Contact: Peg O'Laughlin, 202-205-1819
U.S. Services Providers Remain Competitive in The Global Services Market, Reports USITC

The United States is the world's largest services market and was the world’s leading exporter and importer of services in 2017, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2019 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 distribution services and includes chapters on three specific industries: logistics services, maritime transport services, and retail 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 2017 and via affiliate sales through 2016 (latest available data). Highlights include:

  • In 2017, the value of U.S. commercial services exports was $778.4 billion (15 percent of global services exports), while imports totaled $520.4 billion (10 percent of global services imports). Preliminary data also indicate that in 2018, U.S. services exports increased by 3.4 percent to $805.7 billion, while imports rose by 4.3 percent to $544.3 billion.  Distribution services accounted for 6 percent of U.S. cross-border services, and 12 percent of services 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 $1.4 trillion in 2016 while the value of services purchased from foreign-owned affiliates in the United States totaled $876.9 billion. Distribution services accounted for about 29 percent of total sales by foreign affiliates of U.S. firms and 30 percent of total purchases from foreign-owned firms located in the United States.
  • The contribution of private sector distribution services to U.S. gross domestic product (GDP) was $2.7 trillion in 2017, accounting for 17 percent of U.S. private sector GDP. From 2016 to 2017 distribution services grew by 3.2 percent, faster than the 2.1 percent growth rate experienced by private sector GDP as a whole. Distribution services were also a leading contributor to U.S. private sector employment in 2017, accounting for 21.1 percent of the private sector workforce, or 25 million full-time equivalent (FTE) employees. Wholesale trade was the largest category of distribution services, accounting for 41 percent of distribution services’ contribution to U.S. private sector GDP, followed by retail trade (39 percent). From 2016 to 2017, GDP in wholesale trade grew by roughly 2 percent, while retail trade and transportation and warehousing each grew by 4 percent.
  • Distribution services encompass a wide range of activities that facilitate the movement of goods through the supply chain—from producer to end consumer.  Several industries in the distribution services sector have experienced consolidation through mergers and acquisitions over the past several years. The emergence of e-commerce over the last 10–15 years has also resulted in significant innovation in the delivery of distribution services. Further, a growing number of traditional retailers are developing the capability to analyze the data produced by customer’s interactions with their websites and apps, including data on browsing habits and purchasing activity.

The USITC hosted its 12th annual services roundtable on November 7, 2018. The discussion, summarized in the report, focused on how services trade is affected by tariffs, World Trade Organization commitments, other rules and agreements for trade in goods, and related crosscutting issues, and differences in the services economies of developed and emerging markets.

Recent Trends in U.S. Services Trade, 2019 Annual Report (Investigation No. 332-345, USITC publication 4975, September 2019) is available on the USITC's Internet site at https://www.usitc.gov/publications/industry_econ_analysis_332/2019/recent_trends_us_services_trade_2019_annual_report.htm.

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September 17, 2019
News Release 19-090
Inv. No(s). 337-TA-1174
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Toner Cartridges, Components Thereof, and Systems Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges, components thereof, and systems containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Brother Industries, Ltd., of Aichi-ken, Japan; Brother International Corporation (U.S.A.) of Bridgewater, NJ; and Brother Industries (U.S.A.), Inc., of Bartlett, TN, on August 19, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges, components thereof, and systems containing same that infringe patents 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:

  • AMI Brothers, Inc., of San Bruno, CA;
  • An An Beauty Limited of Kowloon, Hong Kong;
  • Aster Graphics, Inc., of Riverside, CA;
  • Aztech Enterprises Limited of Kowloon, Hong Kong;
  • Billiontree Technology USA Inc. of City of Industry, CA;
  • Carlos Imaging Supplies, Inc., of Hacienda Heights, CA;
  • Cartridge Evolution, Inc., of Brooklyn, NY;
  • Do it Wiser, LLC, of Wilmington, DE;
  • Eco Imaging Inc. of Irvine, CA;
  • Ecoolsmart Co. of Rowland Heights, CA;
  • EPrinter Solution LLC of Pomona, CA;
  • E-Z Ink Inc. of Brooklyn, NY;
  • Globest Trading Inc. of Ontario, CA;
  • Greencycle Tech, Inc., of South El Monte, CA;
  • Hongkong Boze Co., Ltd., of Kowloon, Hong Kong;
  • I8 International, Inc., of City of Industry, CA;
  • IFree E-Commerce Co. of Kowloon, Hong Kong;
  • Ikong E-Commerce of Walnut, CA;
  • Intercon International Corp of Brea, CA;
  • IPrint Enterprise Limited of Kowloon, Hong Kong;
  • LD Products, Inc., of Kowloon, Hong Kong;
  • Linkyo Corp. of La Puente, CA;
  • Mangoket LLC of Alhambra, CA;
  • New Era Image LLC of Corona, CA;
  • OW Supplies Corp. of Corona, CA;
  • Solong E-Commerce Co., LLC, of Wan Chai, Hong Kong;
  • Smartjet E-Commerce Co., LLC, of Wan Chai, Hong Kong;
  • Super Warehouse Inc. of Blaine, WA;
  • Theresa Meng of Brooklyn, NY;
  • Triple Best LLC of San Diego, CA;
  • V4ink, Inc., of Diamond Bar, CA; and
  • Zhuhai Xiaohui E-Commerce Co., Ltd., of Xiangzhou District, Zhuhai, China.

By instituting this investigation (337-TA-1174), 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 17, 2019
News Release 19-089
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Bone Cements and Bone Cement Accessories

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain bone cements and bone cement accessories. 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 Zimmer, Inc., and Zimmer US, Inc., both of Warsaw, IN, on August 19, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the United States and the sale of certain bone cements and bone cement accessories by reason of the misappropriation of trade secrets, false advertising, and tortious interference, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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:

Heraeus Medical GmbH of Wehrheim, Germany; and

Heraeus Medical LLC of Yardley, PA.

By instituting this investigation (337-TA-1175), 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 16, 2019
News Release 19-087
Inv. No(s). 731-TA-1427
Contact: Peg O'Laughlin, 202-205-1819
Refillable Stainless Steel Kegs from Mexico Retards U.S. Industry, says USITC

The United States International Trade Commission (USITC) today determined that the establishment of a U.S. industry is materially retarded by reason of imports of refillable stainless steel kegs from Mexico that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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

As a result of the USITC’s affirmative determination, Commerce will issue an antidumping duty order on imports of this product from Mexico. 

The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from Mexico.  As a result, imports of refillable stainless steel kegs from Mexico will not be subject to retroactive antidumping duties.

The Commission’s public report Refillable Stainless Steel Kegs from Mexico (Inv. No. 731-TA-1427 (Final), USITC Publication 4976, October 2019) will contain the views of the Commission and information developed during the investigation.

The report will be available by October 23, 2019; 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

Refillable Stainless Steel Kegs from Mexico

Investigation No. 731-TA-1427 (Final)

Product Description:  Refillable stainless steel kegs are approximately cylindrically shaped containers made from stainless steel (regardless of finish, gauge, thickness, or grade, and whether or not covered by or encased in other materials) and designed to hold, transport, and dispense beer, wine, and other liquids. These kegs are compatible with a ''D Sankey'' extractor (spear) for dispensing, cleaning, and refilling, and have a nominal liquid volume capacity of 10 liters or more. They may be imported either assembled or unassembled, with or without all components (including spears, couplers or taps, necks, collars, and valves), and filled or unfilled. Specifically excluded are: (1) vessels or containers that are not approximately cylindrically shaped; (2) stainless steel kegs, vessels, or containers that have either a ''ball lock'' or a ''pin lock'' valve system; (3) spears, couplers or taps, necks, collars, and valves that are not imported with the subject merchandise; and (4) filled stainless steel kegs designated by the Commissioner of Customs as "Instruments of International Traffic" within the meaning of Section 332(a) of the Tariff Act of 1930, as amended.

Status of Proceedings:

  1. Type of investigation:  Final phase antidumping duty investigation.
  2. Petitioners:  American Keg Company LLC, Pottstown, PA.
  3. USITC Institution Date: September 20, 2018.
  4. USITC Hearing Date:  August 14, 2019.
  5. USITC Vote Date:  September 16, 2019.
  6. USITC Notification to Commerce Date:  October 3, 2019.

U.S. Industry in 2018:

  1. Number of U.S. producers:  One.
  2. Location of producer’s plants:  Pennsylvania.
  3. Production and related workers:  1
  4. U.S. producer’s 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:  $93.7 million.
  2. Nonsubject imports:  1
  3. Leading import sources:  China, Germany, and Mexico.
 
1 Withheld to avoid disclosure of business proprietary information.

 

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September 13, 2019
News Release 19-086
Inv. No(s). 731-TA-1140-1142
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Uncovered Innerspring Units From China, South Africa, and Vietam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of uncovered innerspring units from China, South Africa, and Vietnam 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 duty orders on imports of this product from China, South Africa, and Vietnam 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 votes.

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 Uncovered Innerspring Units from China, South Africa, and Vietnam (Inv. Nos. 731-TA-1140-1142 (Second Review), USITC Publication 4974, September 2019) will contain the views of the Commission and information developed during the review.

The report will be available by October 18, 2019; 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 Uncovered Innerspring Units from China, South Africa, and Vietnam were instituted on March 1, 2019.

On June 4, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, and Rhonda K. Schmidtlein 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 adequacy determinations.

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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September 13, 2019
News Release 19-085
Inv. No(s). 731-TA-919
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Certain Welded Large Diameter Line Pipe From Japan

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of certain welded large diameter line pipe from Japan 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 Japan will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioners Randolph J. Stayin and Amy A. Karpel 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 this five-year (sunset) review.

The Commission’s public report Certain Welded Large Diameter Line Pipe from Japan (Inv. No. 731-TA-919 (Third Review), USITC Publication 4973, September 2019) will contain the views of the Commission and information developed during the review.

The report will be available by October 21, 2019; 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 Welded Large Diameter Line Pipe from Japan was instituted on September 4, 2018.

On December 10, 2018, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that both the domestic and the responded group responses were adequate and voted for a full 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.

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September 11, 2019
News Release 19-084
Inv. No(s). 337-TA-1173
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain rotating 3-D LiDAR devices, components thereof, and sensing systems 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 Velodyne Lidar, Inc., of San Jose, CA, on August 15, 2019.  A supplement to the complaint was filed on August 28, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain rotating 3-D LiDAR devices, components thereof, and sensing systems containing the same 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:

Hesai Photonics Technology Co., Ltd., of Shanghai, China; and
Suteng Innovation Technology Co., Ltd. (a.k.a. RoboSense) of Shenzhen, China.

By instituting this investigation (337-TA-1173), 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 10, 2019
News Release 19-082
Inv. No(s). 731-TA-731-TA-1455-1457 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations Concerning Polyethylene Terephthalate (PET) Sheet from Korea and Oman, but not Mexico

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 polyethylene terephthalate (PET) sheet from Korea and Oman that are allegedly sold in the United States at less than fair value.  The Commission further found that imports of this product from Mexico are negligible and voted to terminate the investigation concerning Mexico.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative with respect to Korea and Oman and made a finding of negligibility with respect to Mexico.  Commissioner Randolph J. Stayin voted in the affirmative with respect to all investigations.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping duty investigations concerning imports of this product from Korea and Oman, with its preliminary antidumping duty determinations due on or about January 6, 2020.  As a result of the Commission’s finding of negligibility, the investigation concerning imports of this product from Mexico will be terminated.

The Commission’s public report Polyethylene Terephthalate (PET) Sheet from Korea, Mexico, and Oman (Inv. Nos. 731-TA-1455-1457 (Preliminary), USITC Publication 4970, September 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available after October 11, 2019; 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

Polyethylene Terephthalate (PET) Sheet from Korea, Mexico, and Oman
Investigation Nos. 731‐TA‐1455‐1457 (Preliminary) 

Product Description:  PET of these investigations is a thermoplastic polymer that is manufactured into sheet form.  The primary end use is a wide variety of food, beverage and retail packaging.  PET sheet is used in the manufacture of products such as food trays and containers (e.g., cake and cookie containers, one‐time use school and hospital trays), carry‐out containers, fruit and vegetable clamshell containers and trays, drinking cups, medical trays, paint tray liners, consumer packaging, and packaging for electro‐static sensitive devices (such as integrated computer circuits).  PET sheet covered by these investigations is raw, pretreated, or primed polyethylene terephthalate sheet, whether extruded or coextruded, in nominal thicknesses of equal to or greater than 7 mil (0.007 inches or 177.8 mm) and not exceeding 45 mil (0.045 inches or 1143 mm). The investigations include all PET sheet whether made from prime (virgin) inputs or recycled inputs, as well as any blends thereof. The investigations include all PET sheet meeting the above specifications regardless of width, color, surface treatment, coating, lamination, or other surface finish.     

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty investigations.
2.   Petitioners:  Advanced Extrusion, Inc., Rogers, Minnesota; Ex‐Tech Plastics, Inc., Richmond, Illinois; and Multi‐Plastics Extrusions, Inc., Hazleton, Pennsylvania.
3.   USITC Institution Date:  Tuesday, July 9, 2019.
4.   USITC Conference Date:  Tuesday, July 30, 2019.
5.   USITC Vote Date:  Tuesday, September 10, 2019.
6.   USITC Views to Commerce:  Friday, September 20, 2019.

U.S. Industry in 2018:

1.   Number of U.S. producers:  35.
2.   Location of producers’ plants:  Pennsylvania, Minnesota, Illinois, Nebraska, Oklahoma, North Carolina, Georgia, California, New York, Texas, Ohio, Wisconsin, Arizona, New Jersey, Washington, Florida, Tennessee, Massachusetts, and Michigan.
3.   Production and related workers:  1,467.
4.   U.S. producers’ U.S. shipments:  $710 million.
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:  Oman.

 

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


 

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September 10, 2019
News Release 19-083
Inv. No(s). 731-TA-1206 (Review)
Contact: Peg O'Laughlin, 202-205-1819
Commission Makes Determination in Five-Year (Sunset) Review Concerning Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on imports of diffusion-annealed, nickel-plated flat-rolled steel products from Japan 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 these products from Japan will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative.  Commissioners Randolph J. Stayin and Amy A. Karpel 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 this five-year (sunset) review.

The Commission’s public report Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan (Inv. No. 731-TA-1206 (Review), USITC Publication 4971, September 2019) will contain the views of the Commission and information developed during the review.

The report will be available by October 15, 2019; 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 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan was instituted on April 1, 2019.

On July 5, 2019, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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.

# # #
September 5, 2019
News Release 19-081
Inv. No(s). 701-TA-455 and 731-TA-1149 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Circular Welded Carbon Quality Steel Line Pipe from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of circular welded carbon quality steel line pipe 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, and Jason E. Kearns voted in the affirmative.  Commissioners Randolph J. Stayin and Amy A. Karpel did not participate in these votes.

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 Circular Welded Carbon Quality Steel Line Pipe from China (Inv. Nos. 701-TA-455 and 731-TA-1149 (Second Review), USITC Publication 4955, September 2019) will contain the views of the Commission and information developed during the reviews.

The report will be available by October 10, 2019; 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 Circular Welded Carbon Quality Steel Line Pipe from China were instituted on April 1, 2019.

On July 5, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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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