An official website of the United States government. 
News Release 19-110
Inv. No(s). 337-TA-1182
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain argon plasma coagulation system probes, their components, and other argon plasma coagulation system components for use therewith. 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 Erbe Elektromedizin GmbH of Tübingen, Republic of Germany, and Erbe USA, Inc., of Marietta, GA, on October 7, 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 argon plasma coagulation system probes, their components, and other argon plasma coagulation system components for use therewith 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:
Olympus Corporation of Tokyo, Japan;
Olympus Corporation of the Americas of Center Valley, PA;
Olympus America, Inc., of Center Valley, PA;
Olympus Surgical Technologies Europe of Hamburg, Republic of Germany;
Olympus Winter & Ibe GmbH of Hamburg, Republic of Germany;
Olympus KeyMed Group Limited of Essex, United Kingdom;
KeyMed (Medical & Industrial Equipment) Ltd. of Essex, United Kingdom;
Olympus Bolton of Bolton, United Kingdom; and
Olympus Surgical Technologies Europe | Cardiff of Cardiff, United Kingdom.
By instituting this investigation (337-TA-1182), 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 19-109
Inv. No(s). 731-TA-1021 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on imports of malleable iron pipe fittings 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 these products 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 Malleable Iron Pipe Fittings from China (Inv. No. 731-TA-1021 (Third Review), USITC Publication 4993, November 2019) will contain the views of the Commission and information developed during the review.
The report will be available by December 12, 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 Malleable Iron Pipe Fittings from China was instituted on July 1, 2019.
On October 4, 2019, the Commission voted to conduct an expedited review. 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. Chairman David S. Johanson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full 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.
News Release 19-108
Inv. No(s). 701-TA-454 and 731-TA-1144 (Second Review) and 731-TA-1210-1212 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of welded stainless steel pressure pipe from China and the existing antidumping orders on imports of this product from Malaysia, Thailand, 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 and countervailing duty orders on imports of this product from China and the existing antidumping duty orders on imports of this product from Malaysia, Thailand, and Vietnam 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 these five-year (sunset) reviews.
The Commission’s public report Welded Stainless Steel Pressure Pipe from China, Malaysia, Thailand, and Vietnam (Inv. Nos. 701-TA-454 and 731-TA-1144 (Second Review) and 731-TA-1210-1212 (Review), USITC Publication 4994, November 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 5, 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 Welded Stainless Steel Pressure Pipe from China, Malaysia, Thailand, and Vietnam was instituted on June 3, 2019.
On September 6, 2019, 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 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 19-107
Inv. No(s). 731-TA-1422-1423 (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 strontium chromate from Austria and France 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, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Austria and France.
The Commission’s public report Strontium Chromate from Austria and France (Inv. Nos. 731-TA-1422 and 1423 (Final), USITC Publication 4992, November 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by December 4, 2019; 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
Strontium Chromate from Austria and France
Investigation Nos. 731-TA-1422-1423 (Final)
Product Description: Strontium chromate is a yellow powder with the chemical formula SrCrO4. This salt is primarily used in anti-corrosive coatings for metals surfaces such as aluminum and stainless steel, especially in the aerospace industry. The subject merchandise includes strontium chromate as a pure powder or as a dispersion or paste. Creating a dispersion involves mixing the solid powder with a solvent, such as aromatic 100 methyl amyl ketone/2-heptanone, acetone, glycol ether EB, naphtha leicht, or xylene.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty investigation.
2. Petitioner: WPC Technologies, Oak Creek, Wisconsin.
3. USITC Institution Date: September 5, 2018.
4. USITC Hearing Date: October 3, 2019.
5. USITC Vote Date: October 31, 2019.
6. USITC Commission’s Views: November 21, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: one.
2. Location of producers’ plants: 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: $0.
3. Leading import sources: Austria, France.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-106
Inv. No(s). 337-TA-1181
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium-ion battery cells, battery modules, battery packs, 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 LG Chem, Ltd., of Seoul, Republic of Korea; LG Chem Michigan Inc. of Holland, MI; and Toray Industries, Inc., of Tokyo, Japan, on September 26, 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 lithium-ion battery cells, battery modules, battery packs, components thereof, and products containing the same 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:
SK Innovation Co., Ltd., of Seoul, Republic of Korea; and
SK Battery America, Inc., of Atlanta, GA.
By instituting this investigation (337-TA-1181), 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 19-105
Inv. No(s). 332-565
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released a report on the effects on the U.S. economy of duty suspensions and reductions enacted under the American Manufacturing Competitiveness Act (AMCA).
The report, American Manufacturing Competiveness Act: Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy, was triggered by the September 13, 2018, enactment of the Miscellaneous Tariff Bill Act of 2018 (MTB Act of 2018).
As required by the AMCA, the USITC, an independent, nonpartisan, factfinding federal agency, prepared a report concerning the effects on the U.S. economy of duty suspensions and reductions enacted pursuant to AMCA.
The USITC’s report provides a broad assessment of the economic effects of duty suspensions and reductions on U.S. producers, purchasers, and consumers, as well as case studies looking at the effects on groups of products covered by the MTB Act of 2018. The report also includes recommendations from interested parties with respect to those domestic industry sectors that might benefit from permanent duty suspensions or reductions, with a particular focus on inequities created by tariff inversions. Much of the information in this report comes from a survey conducted by the Commission after the duty suspensions and reductions became effective.
Main Findings:
- As of March 2019, over 90 percent of firms responding to the Commission’s questionnaire imported or planned to import goods under the Harmonized Tariff Schedule 9902 headings (provisions) that provide temporary duty suspensions and reductions; about one-third of these firms have increased or planned to increase imports. Between November 2018 and May 2019, importers saved $179 million in duties on imports of $5.4 billion.
- As of March 2019, many responding firms stated they had not had enough time to take full advantage of the duty suspensions and reductions. Some respondents also reported that section 301 tariffs on products of China have lessened the positive impacts of the duty relief.
- As a result of the duty relief, nearly a quarter of responding manufacturers reported a decrease in production costs. Among all respondents, many expected future increases in sales volumes, number of customers, and investment in new product development. Compared with larger firms, more responding small and medium-sized enterprises (SMEs) reported that the duty relief has had positive effects on virtually all business operations.
- Chemicals firms account for the largest share of 9902 headings and imports. Thus, the largest number of responding firms reporting benefits from the duty relief are in the Chemicals group.
- The results of the Commission’s economic modeling suggest that the temporary duty relief will lead to a small increase in output, welfare, and gross domestic product (GDP) in the United States. Moreover, the average price of goods imported under the 9902 provisions will likely decline, although not by the full amount of the duty reduction.
American Manufacturing Competiveness Act: Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy (Investigation No. 332-565, USITC Publication 4987, October 2019) is available on the USITC website at: https://www.usitc.gov/publications/332/pub4987.pdf.
USITC general factfinding investigations cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 19-104
Inv. No(s). 163-1
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released The Year in Trade 2018, its annual overview of developments regarding the administration of U.S. trade laws and trade agreements.
The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 70th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.
The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2018.
The Year in Trade 2018 covers:
- all U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, national security and section 301 cases active in 2018. In addition, the 2018 report covers the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, the Nepal Trade Preferences Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
- WTO dispute settlement decisions and other significant activities in the WTO, the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum;
- negotiations on U.S. FTAs with the European Union, the United Kingdom, Japan, and on the United States-Canada-Mexico Agreement, negotiations on modifications to the U.S.-Korea FTA, and developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and
- bilateral trade issues with selected major U.S. trading partners -- the European Union, China, Canada, Mexico, Japan, South Korea, India, and Taiwan.
The report also provides an overview of U.S. trade in goods and services during 2018. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements.
An interactive, web-based version of The Year in Trade 2018 will be released later this month on October 17, 2019.
The Year in Trade 2018 (USITC Publication 4986, October 2019) will be posted on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4986.pdf. Other reports in this series dating back to 1948 can also be found on the Commission's website at https://www.usitc.gov/annual_reports_archive.
News Release 19-102
Inv. No(s). 337-TA-1180
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication devices and related 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 Innovation Sciences LLC of Plano, TX, on August 9, 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 wireless communication devices and related components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Resideo Technologies, Inc., of Austin, TX;
HTC Corporation of Tayouan, Taiwan; and
HTC America, Inc., of Seattle, WA.
By instituting this investigation (337-TA-1180), 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 19-101
Inv. No(s). 332-569
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released a report that catalogs the trade-related barriers perceived to be affecting exports of U.S. small and medium-sized enterprises (SMEs) to the United Kingdom (UK).
The report, U.S. SME Exports: Trade-related Barriers Affecting Exports of U.S. Small and Medium-sized Enterprises to the United Kingdom, was requested by the U.S. Trade Representative (USTR).
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, catalogued trade-related barriers that U.S. SMEs perceive as disproportionately affecting their exports to the UK, as compared to larger U.S. exporters to the UK.
The report focuses on barriers identified by SMEs that hinder their ability to export to the UK. The USITC collected primary qualitative information and data to analyze both tariff and nontariff measures that may affect U.S. SME exports to the UK. The report includes suggestions from SMEs and relevant literature for actions that would help address some of the identified barriers and enhance the participation of U.S. SMEs in U.S.-UK trade.
Main Findings:
- SMEs believe they are particularly affected by a number of specific crosscutting trade-related barriers imposed by a European Union (EU) or UK government law or policy; these include tariffs and taxes, customs procedures, intellectual property measures, and temporary entry provisions. Further, SMEs noted various market-related barriers that they perceive as affecting their ability to export to the UK market, including logistical and finance-related issues, and difficulties in entering or participating in the UK market.
- Standards, technical regulations, and conformity assessment procedures are most often cited by SMEs as limiting their exports to the UK. The most frequently cited SME concern is that the UK often does not recognize the standards set by U.S. standards bodies, which forces many U.S. firms to seek dual U.S. and UK certifications before they can export their products.
- SMEs producing manufactured goods reportedly face numerous regulatory measures related to standards and regulations, which include labeling, licensing, and certification. U.S. agrifood SMEs also identified a variety of nontariff barriers that they face in the UK with respect to labeling requirements, sanitary and phytosanitary (SPS) requirements, geographical indications and wine names, packaging rules, food safety requirements, and certifications.
- There are limited trade-related barriers for U.S. service exports to the UK. However, the largest hardships U.S. SMEs engaged in the professional services industry say they face are temporary entry provisions, and licensing and credential issues. SMEs that export computer services reportedly encounter issues related to data protection and privacy laws, cybersecurity, and customs requirements.
U.S. SME Exports: Trade-related Barriers Affecting Exports of U.S. Small and Medium-sized Enterprises to the United Kingdom (Investigation No. 332-569, USITC Publication 4953, September 2019) is available on the USITC's website at https://www.usitc.gov/publications/332/pub4953.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 reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 19-100
Inv. No(s). 337-TA-1179
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pouch-type battery cells, battery modules, and battery packs, 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 SK Innovation Co., Ltd., of Seoul, Republic of Korea, and SK Battery America, Inc., of Atlanta, GA, on September 3, 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 pouch-type battery cells, battery modules, and battery packs, components thereof, and products containing 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:
LG Chem, Ltd., of Seoul, Republic of Korea; and
LGChem Michigan, Inc., of Holland, MI.
By instituting this investigation (337-TA-1179), 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.