USITC
United States Remains World's Largest Services Exporter and Importer in 2019, Reports USITC
The United States is the world's largest services market and was the world’s leading exporter and importer of services in 2019, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2021 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 professional services and includes sections detailing trends in six specific industries: research and development services, legal services, management consulting services, education services, architecture and engineering services, and healthcare services. Each section analyzes global market conditions in the industry and summarizes the industry’s outlook.
The report describes trade in services via cross-border transactions through 2019 and via affiliate sales through 2018 (latest available data). Highlights include:
- The services sector represents the largest sector of the U.S. economy, and the United States is the world’s top cross-border exporter and importer of services. In 2019, U.S. exports of private services totaled $853.3 billion, whereas imports totaled $564.3 billion.
- 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 $1.7 trillion in 2018 while the value of services purchased from foreign-owned affiliates in the United States totaled $1.2 trillion.
- The professional services sector includes a variety of activities that generally require highly skilled labor and, in many cases, specific licenses or credentials are required to provide the services. Professional services accounted for 34 percent of total cross-border services exports and 25 percent of imports in 2019. They represented 15 percent of total sales by the foreign affiliates of U.S. firms and 15 percent of total purchases from the U.S. affiliates of foreign firms.
- In recent years, some professional service sectors have changed the way their services are provided, whether by introducing new business models and suppliers or by shifting from providing services in person to providing them online. In particular:
- legal services - alternative legal service providers (ALSPs), a diverse group of companies including legal process outsourcing firms (LPOs) and the Big Four accounting firms, have outpaced the growth of traditional law firms;
- management consulting (MC) - an evolving trend towards the digital supply of MC services preceded the COVID-19 pandemic, but COVID-19 travel restrictions have hastened this trend, and MC providers now mostly supply services remotely;
- education - the volume of university-level foreign students studying in the United States has experienced systemic declines, which were further aggravated by COVID-19 in 2020.
- For other professional services sectors, changing consumer preferences due to the COVID-19 pandemic have driven recent developments, including:
- architecture and engineering - COVID-19 has created strong demand for project design in essential business segments, such as hospitals, water management, and pharmaceutical manufacturing, and for pandemic-related redesign services for medical, home, education, and office space;
- healthcare - the adoption of telemedicine in the United States has accelerated since March 2020, as the share of U.S. consumers who have used telemedicine went up by 35 percent in 2020 from 11 percent in 2019.
The USITC hosted its 14th annual services roundtable, which was held virtually for the first time on October 27, 2020. The discussion, summarized in the report, focused on the impact of the COVID-19 global pandemic on demand, output, modes of supply, business practices, labor, and productivity in U.S. and global services industries, and the impact of establishing a presence in one or more foreign markets on U.S. services firms’ operations and overall employment in the United States.
Recent Trends in U.S. Services Trade, 2021 Annual Report (Investigation No. 332-345, USITC publication 5129, April 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5192.pdf.
Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam and a countervailing duty order on imports of this product from China.
The Commission’s public report Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam (Inv. Nos. 701-TA-645 and 731-TA-1495-1501 (Final), USITC Publication 5191, May 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by May 24, 2021; 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
Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam
Investigation Nos. 701-TA-645 and 731-TA-1495-1501 (Final)
Product Description: In the industry, the term "mattress" generally means a resilient material or combination of materials generally enclosed by ticking that is intended or promoted for sleeping upon by people. Mattresses generally consist of (1) a core, (2) upholstery material, and (3) ticking. The core provides the main support system of the mattress. The core may consist of innersprings, non‐innerspring materials (e.g., foam), other resilient filling, or a combination of these materials.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioners: Brooklyn Bedding, Phoenix, AZ; Corsicana Mattress Co., Dallas, TX; Elite Comfort Solutions, Newnan, GA; FXI, Inc., Media, PA; Innocor, Inc., Media, PA; Kolcraft Enterprises, Inc., Chicago, IL; Leggett & Platt, Inc., Carthage, MO; the International Brotherhood of Teamsters, Washington, DC; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL‐CIO, Washington, DC.
3. USITC Institution Date: Tuesday, March 31, 2020.
4. USITC Hearing Date: Thursday, March 18, 2021.
5. USITC Vote Date: Wednesday, April 21, 2021.
6. USITC Notification to Commerce Date: Monday, May 10, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: 53.
2. Location of producers’ plants: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, New York, Ohio, Oregon, Pennsylvania, Puerto Rico, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.
3. Production and related workers: 12,724.
4. U.S. producers’ U.S. shipments: $5.3 billion.
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: $794.4 million.
2. Nonsubject imports: 1
3. Leading import sources: China, Vietnam, Mexico, Indonesia.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Boltless Shelving Units from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of boltless steel shelving units 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 orders on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Boltless Steel Shelving Units from China (Inv. Nos. 701-TA-523 and 731-TA-1259 (Review), USITC Publication 5190, April 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 20, 2021; 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 Boltless Steel Shelving Units from China were instituted on September 1, 2020.
On December 7, 2020, the Commission voted to conduct expedited reviews. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Prestressed Concrete Steel Wire Strand from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of prestressed concrete steel wire strand 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 orders on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Prestressed Concrete Steel Wire Strand from China (Inv. Nos. 701-TA-464 and 731-TA-1160 (Second Review), USITC Publication 5189, April 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 20, 2021; 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 Prestressed Concrete Steel Wire Strand from China were instituted on September 1, 2020.
On December 7, 2020, the Commission voted to conduct expedited reviews. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group 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.
Non-Refillable Steel Cylinders from China Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of non-refillable steel cylinders from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission’s public report Non-Refillable Steel Cylinders from China (Inv. Nos. 701-TA-644 and 731-TA-1494 (Final), USITC Publication 5188, May 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by May 26, 2021; 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
Non-Refillable Steel Cylinders from China
Investigation Nos. 701-TA-644 and 731-TA-1494 (Final)
Product Description: The non-refillable steel cylinders covered by these investigations are seamed (welded or brazed) and are produced to meet the requirements of U.S. Department of Transportation Specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118. The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. The subject non-refillable steel cylinders may be imported with or without a valve and/or pressure-release device but are unfilled at the time of importation. Specifically excluded are seamless non-refillable steel cylinders.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty investigations.
2. Petitioners: Worthington Industries Inc., Columbus, OH.
3. USITC Institution Date: Friday, March 27, 2020.
4. USITC Hearing Date: Thursday, March 11, 2021.
5. USITC Vote Date: Friday, April 16, 2021.
6. USITC Notification to Commerce Date: Wednesday, May 5, 2021.
U.S. Industry in 2019:
1. Number of U.S. producers: One.
2. Location of producers’ plants: Kentucky and Ohio.
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: $35.3 million.
2. Nonsubject imports: 1.
3. Leading import source: China.
[1] Withheld to avoid revealing business proprietary information.
USITC Institutes Section 337 Investigation of Certain Skin Rejuvenation Resurfacing Devices, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain skin rejuvenation resurfacing devices, 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 InMode Ltd. of Yokneam, Israel, and Invasix Inc. d/b/a InMode of Lake Forest, CA, on March 16, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain skin rejuvenation resurfacing devices, 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:
ILOODA Co, Ltd., of Jangan-gu Suwon, Republic of Korea; and
Cutera, Inc., of Brisbane, CA.
By instituting this investigation (337-TA-1262), 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.
Subsidized Chassis and Subassemblies from China Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of chassis and subassemblies that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of China.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, Commerce will issue a countervailing duty order on imports of this product from China.
The Commission’s public report Chassis and Subassemblies from China (Inv. No. 701-TA-657 (Final), USITC Publication 5187, May 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by May 27, 2021; 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
Chassis and Subassemblies from China
Investigation No. 701-TA-657 (Final)
Product Description: Chassis are skeletal rectangular framed trailers used to transport shipping containers. The rectangular frame is made up of steel with a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, a coupling for towing behind a truck tractor, and a locking system or systems to secure the shipping container or containers attached to the chassis. Chassis are designed to carry containers of various sizes (usually ranging from 20-feet to 53-feet in the United States).
Status of Proceedings:
1. Type of investigation: Final countervailing duty investigation.
2. Petitioners: Coalition of American Chassis Manufacturers (Cheetah Chassis Corporation, Fairless Hills, PA; Hercules Enterprises LLC, Hillsborough, NJ; Pitts Enterprises, Inc., Pittsview, AL; Pratt Industries, Inc., Bridgman, MI; Stoughton Trailers, Stoughton, WI).
3. USITC Institution Date: Thursday, July 30, 2020.
4. USITC Hearing Date: Tuesday, March 16, 2021.
5. USITC Vote Date: Tuesday, April 13, 2021.
6. USITC Notification to Commerce Date: Thursday, May 6, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 5.
2. Location of producers’ plants: Alabama, California, Michigan, New Jersey, Pennsylvania, South Carolina, Virginia, 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 2020:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China, Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Institutes Section 337 Investigation of Certain LED Landscape Lighting Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LED landscape lighting devices and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Wangs Alliance Corporation d/b/a WAC Lighting of Port Washington, NY, on March 9, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain LED landscape lighting devices and 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:
CAST Lighting LLC of Hawthorne, NJ;
Shenzhen Wanjia Lighting Co., Ltd d/b/a WONKA of Shenzhen, China;
cBright Lighting, Inc., of San Leandro, CA;
Dauer Manufacturing Corp. of Medley, FL;
FUSA Corp. of Medley, FL;
Lumien Enterprise, Inc. d/b/a Lumien Lighting of Acworth, GA; and
Jiangsu Sur Lighting Co., Ltd., of Yancheng, Jiangsu Province, China.
By instituting this investigation (337-TA-1261), 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.
USITC Institutes Two Separate Section 337 Investigations of Certain Toner Supply Containers and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute two separate investigations of certain toner supply containers and components thereof. The products at issue in the investigations are described in the Commission’s notices of investigation (337-TA-1259; 337-TA-1260).
The investigations are based on a complaint filed by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on March 8, 2021. A supplement to the Complaint was filed on March 26, 2021. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner supply containers and components thereof that infringe 13 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 one or both of these investigations:
Ninestar Corporation of Zhuhai Guangdong, China;
Ninestar Image Tech Limited of Zhuhai Guangdong, China;
Ninestar Technology Company, Ltd., of Chino, CA;
Static Control Components, Inc., of Sanford, NC;
General Plastic Industrial Co. Ltd. of Taichung, Taiwan;
Katun Corporation of Minneapolis, MN;
Sichuan XingDian Technology Co., Ltd., of Chendu, Sichuan, China;
Sichuan Wiztoner Technology Co., Ltd., of Chengdu, Sichuan, China;
Anhuiyatengshangmaoyouxiangongsi of Ganyuqu, China;
ChengDuXiangChangNanShiYouSheBeiYouXianGongSi of SiChuanSheng, China;
Copier Repair Specialists, Inc., of Lewisville, TX;
Digital Marketing Corporation d/b/a Digital Buyer Marketing Company of Los Angeles, CA;
Do It Wiser LLC d/b/a Image Toner of Wilmington, DE;
Easy Group, LLC, of Irwindale, CA;
Hefeierlandianzishangwuyouxiangongsi of Chengdushi, China;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
Kuhlmann Enterprises, Inc. d/b/a Precision Roller of Phoenix, AZ;
LD Products, Inc., of Long Beach, CA;
NAR Cartridges of Burlingame, CA;
Shenzhenshi Keluodeng Kejiyouxiangognsi of Shenzhen, Guangdong, China;
Sun Data Supply, Inc., of Los Angeles, CA;
The Supplies Guys, Inc., of Lancaster, PA;
MITOCOLOR INC. of Rowland Heights, CA;
Xianshi yanliangqu canqiubaihuodianshanghang of Xianshi, Shanxisheng, China;
Zhuhai Henyun Image Co., Ltd., of Zhuhai, China; and
Zinyaw LLC d/b/a TonerPirate.com and Supply District of Houston, TX.
By instituting these investigations (337-TA-1259 and 337-TA-1260), the USITC has not yet made any decision on the merits of the cases. The USITC’s Chief Administrative Law Judge will assign each case to one of the USITC’s administrative law judges (ALJs), who will schedule and hold evidentiary hearings. The ALJs will make initial determinations as to whether there is a violation of section 337; those initial determinations are subject to review by the Commission.
The USITC will make final determinations in the investigations at the earliest practicable time. Within 45 days after institution of the investigations, the USITC will set target dates for completing the investigations. 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.
Small Vertical Shaft Engines from China Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of small vertical shaft engines from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission also made affirmative critical circumstances findings in the antidumping and countervailing duty investigations. As a result, certain imports from China will be subject to countervailing and antidumping duties retroactive 90 days from the dates of Commerce’s preliminary countervailing and antidumping duty determinations, respectively.
The Commission’s public report Small Vertical Shaft Engines from China (Inv. Nos. 701-TA-643 and 731-TA-1493 (Final), USITC Publication 5185, April 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by May 10, 2021; 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
Small Vertical Shaft Engines (SVSEs) from China
Investigation Nos. 701-TA-643 and 731-TA-1493 (Final)
Product Description: Small vertical shaft engines are spark-ignited, non-road, vertical shaft engines, whether finished or unfinished, whether assembled or unassembled, whether mounted or unmounted, primarily for walk-behind lawn mowers. Engines meeting this physical description may also be for other non-hand-held outdoor power equipment, including but not limited to, pressure washers. The subject engines are spark ignition, single-cylinder, air cooled, internal combustion engines with vertical power take off shafts with a minimum displacement of 99 cubic centimeters (“cc”) and a maximum displacement of up to, but not including, 225cc. Typically, engines with displacements of this size generate gross power of between 1.95 kilowatts (kw) to 4.75 kw.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. Petitioners: Briggs & Stratton Corporation, Wauwatosa, WI.
3. USITC Institution Date: Wednesday, March 18, 2020.
4. USITC Hearing Date: Tuesday, March 9, 2021.
5. USITC Vote Date: Tuesday, April 6, 2021.
6. USITC Notification to Commerce Date: Monday, April 26, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Kentucky, Missouri, North Carolina, 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 2020:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China, Japan, and Vietnam.
[1] Withheld to avoid disclosure of business proprietary information.