USITC
USITC Votes to Continue Investigations on Silicon Metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of silicon metal from Bosnia and Herzegovina, Iceland, and Malaysia that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the government of Kazakhstan.
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, the U.S. Department of Commerce will continue its investigations of imports of silicon metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia, with its preliminary countervailing duty determination concerning imports of this product from Kazakhstan due on or about September 23, 2020, and its preliminary antidumping duty determinations concerning imports of this product from Bosnia and Herzegovina, Iceland, and Malaysia due on or about December 7, 2020.
The Commission’s public report Silicon Metal from Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia (Inv. Nos. 701-TA-652 and 731-TA-1524-1526 (Preliminary), USITC Publication 5107, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Silicon Metal from Bosnia-Herzegovina, Iceland, Kazakhstan, and Malaysia
Investigation Nos. 701-TA-652 and 731-TA-1524-1526 (Preliminary)
Product Description: Silicon metal of all forms and sizes, including silicon powder, contains at least 85.00 percent but less than 99.99 percent silicon and less than 4.00 percent iron by actual weight. Specifically excluded is semiconductor grade silicon (containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.00).
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty investigations.
2. Petitioners: Globe Specialty Metals, Inc., Beverly, Ohio; and Mississippi Silicon LLC, Burnsville, Mississippi.
3. USITC Institution Date: Tuesday, June 30, 2020.
4. USITC Conference Date: Tuesday, July 21, 2020 (conducted through written statements, testimony, and questions and responses).
5. USITC Vote Date: Thursday, August 13, 2020.
6. USITC Notification to Commerce Date: Friday, August 14, 2020.
U.S. Industry in 2019
1. Number of U.S. producers: Three.
2. Location of producers’ plants: Alabama, Mississippi, New York, Ohio, and West Virginia.
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: $53.6 million.
2. Nonsubject imports: $301.6 million.
3. Leading import sources: Brazil, Canada, Norway, Bosnia-Herzegovina, Kazakhstan.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Votes to Continue Investigation on Seamless Refined Copper Pipe and Tube from Vietnam
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 seamless refined copper pipe and tube from Vietnam that are allegedly 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 determination, the U.S. Department of Commerce will continue its investigation of imports of seamless refined copper pipe and tube from Vietnam, with its preliminary antidumping duty determination due on or about December 7, 2020.
The Commission’s public report Seamless Refined Copper Pipe and Tube from Vietnam (Inv. No. 731-TA-1528 (Preliminary), USITC Publication 5108, August 2020) will contain the views of the Commission and information developed during the investigation.
The report will be available after September 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Seamless Refined Copper Pipe and Tube from Vietnam
Investigation No. 731-TA-1528 (Preliminary)
Product Description: The products covered by this investigation are all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to 6 inches (152.4 mm) in length and measuring less than 12.130 inches (308.102 mm) in actual in outside diameter, regardless of wall thickness, bore (e.g., smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold‐drawn, annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins, gills), end finish (e.g., plain end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint), insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting), or physical configuration (e.g., straight, coiled, bent, wound on spools).
Status of Proceedings:
1. Type of investigation: Preliminary antidumping duty investigation.
2. Petitioners: American Copper Tube Coalition.
3. USITC Institution Date: Tuesday, June 30, 2020.
>4. USITC Conference Date: Tuesday, July 21, 2020 (conducted through written statements, testimony, and questions and responses (July 17-July 24, 2020)).
5. USITC Vote Date: Thursday, August 13, 2020.
;">6. USITC Notification to Commerce Date: Friday, August 14, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 4.
2. Location of producers’ plants: Alabama, Arkansas, Illinois, Mississippi, Missouri, North Carolina, Pennsylvania, Utah, and Virginia.
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: $152 million.
2. Nonsubject imports: $341 million.
3. Leading import sources: Vietnam, Canada, Korea, Mexico, and Greece.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Votes to Continue Investigations on Standard Steel Welded Wire Mesh From 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 standard steel welded wire mesh from Mexico that are allegedly 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, the U.S. Department of Commerce will continue its investigations of imports of standard steel welded wire mesh from Mexico, with its preliminary countervailing duty determination due on or about September 23, 2020, and its preliminary antidumping duty determination due on or about December 7, 2020.
The Commission’s public report Standard Steel Welded Wire Mesh from Mexico (Inv. Nos. 701-TA-653 and 731-TA-1527 (Preliminary), USITC Publication 5109, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Standard Steel Welded Wire Mesh from Mexico
Investigation Nos. 701-TA-653 and 731-TA-1527 (Preliminary)
Product Description: Standard welded steel wire mesh (“wire mesh”) is designed for concrete reinforcement, consisting of square or rectangular grids of uniformly spaced carbon-steel smooth (with a uniform surface) or deformed (with a transverse indented or ribbed surface) wires that are welded together at all intersections, and is packaged and sold in rolls or sheets. The subject wire mesh is currently produced to meet ASTM specification A1064/A1064M, comparable foreign specifications (e.g., DIN, JIS, etc.), or proprietary specifications, which specify the wire gauges (diameters), spacing between transverse and longitudinal wires, and length and width combinations. Specifically excluded are galvanized wire mesh and epoxy-coated wire mesh.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty investigations.
2. Petitioners: Insteel Industries Inc., Mount Airy, NC; Mid-South Wire Co., Nashville, TN; National Wire LLC, Conroe, TX; Oklahoma Steel & Wire Co., Madill, OK; and Wire Mesh Corp., Houston, TX.
3. USITC Institution Date: Tuesday, June 30, 2020.
4. USITC Conference Date: Tuesday, July 21, 2020 (conducted through written statements, testimony, and questions and responses (July 17-July 24, 2020)).
5. USITC Vote Date: Thursday, August 13, 2020.
6. USITC Notification to Commerce Date: Friday, August 14, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 12.
2. Locations of producers’ plants: California, Connecticut, Florida, Iowa, Illinois, Kentucky, North Carolina, New Mexico, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, and Washington.
3. Production and related workers: 515.
4. U.S. producers’ U.S. shipments: $275 million.
5. Apparent U.S. consumption: [1]
6. Ratio of subject imports to apparent U.S. consumption: [1]
U.S. Imports in 2019:
1. Subject imports: [1]
2. Nonsubject imports: [1]
3. Leading import source: Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Fixtures, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, fixtures, 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 IDEAL INDUSTRIES LIGHTING LLC d/b/a Cree Lighting of Durham, NC, on July 15, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light-emitting diode products, fixtures, and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified RAB Lighting Inc. of Northvale, NJ, as the respondent in this investigation.
By instituting this investigation (337-TA-1213), 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 Section 337 Investigation of Certain Electronic Candle Products and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic candle products 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 The Sterno Group Companies, LLC, of Corona, CA, and Sterno Home Inc. of Coquitlam, BC, Canada, on July 15, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic candle products and components thereof 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:
Shenzhen Liown Electronics Co. Ltd. of Shenzhen, Guangdong, China;
Luminara Worldwide, LLC, of Eden Prairie, MN; and
L Candle Company, LLC, of Brea, CA.
By instituting this investigation (337-TA-1212), 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 Section 337 Investigtion of Certain Vaporizer Cartridges and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vaporizer cartridges 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 Juul Labs, Inc., of San Francisco, CA, on July 10, 2020. Supplements to the complaint were filed on July 21, 2020, and July 31, 2020. 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 vaporizer cartridges and components thereof that infringe patents asserted by the complainant. The complainant requests 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:
101 Smoke Shop, Inc., of Los Angeles, CA;
2nd Wife Vape of Haslet, TX;
Access Vapor LLC of Orlando, FL;
All Puff Store of Middleburg Heights, OH;
Alternative Pods of Palatine, IL;
Ana Equity LLC of Orlando, FL;
Aqua Haze LLC of Farmers Branch, TX;
Cali Pods of Houston, TX;
Canal Smoke Express, Inc., of New York, NY;
CaryTown Tobacco of Richmond, VA;
Cigar Road, Inc., of Woodland Hills, CA;
Cloud 99 Vapes of New York, NY;
DripTip Vapes LLC of Plantation, FL;
Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. of Shenzhen, Guangdong, China;
eCig-City of Riverside, CA;
Ejuicedb of Farmingdale, NY;
eLiquid Stop of Glendale, CA;
Eon Pods LLC of Jersey City, NJ;
Evergreen Smokeshop of Oakland, CA;
EZFumes of Bedford, TX;
Guangdong Cellular Workshop Electronic Technology Co., Ltd., of Guangdong, China;
JC Pods of Elk Grove Village, IL;
Jem Pods, U.S.A., of Snellville, GA;
JUULSite Inc. of Bensenville, IL;
Keep Vapor Electronic Tech. Co., Ltd., of Shenzhen, China;
Limitless Accessories, Inc., of Tinley Park, IL;
Midwest Goods, Inc., of Bensenville, IL;
Modern Age Tobacco of Gainesville, FL;
Mr. Fog of Bensenville, IL;
Naturally Peaked Health Co. of Brewster, NY;
Nilkant 167 Inc. of Boston, MA;
Perfect Vape LLC of Oklahoma City, OK;
Price Point NY of Farmingdale, NY;
Puff E-Cig of Imlay City, MI;
Shenzhen Apoc Technology Co., Limited, of Shenzhen, China;
Shenzhen Bauway Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Ocity Times Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yark Technology Co., Ltd., of Shenzhen, China;
Sky Distribution LLC of Addison, IL;
Smoker’s Express of Auburn Hills, MI;
The Kind Group LLC of Ocean, NJ;
Tobacco Alley of Midland of Midland, TX;
Valgous of Bensenville, IL;
Vape Central Group of Hallandale, FL;
Vape ‘n Glass of Streamwood, IL;
Vaperistas of Wood Dale, IL;
Vapers&Papers, LLC, of Schenectady, NY;
WeVapeUSA of Brooklyn, NY; and
Wireless N Vapor Citi LLC of Lexington, KY.
By instituting this investigation (337-TA-1211), 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 Delivers Final Report on Miscellaneous Tariff Bill Petitions to Congressional Committees
The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees its final report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).
The Commission submitted the report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration, as required by the AMCA.
The Commission’s final report and other background information can be found on the USITC website at https://www.usitc.gov/trade_tariffs/mtb_program_information.
In the report, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or for which the Commission determined that the petitioner was not a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).
The Commission’s final report provides recommendations on 3,442 petitions. The largest product categories were chemicals, accounting for 1,839 petitions; machinery and equipment, accounting for 715 petitions; and textiles, apparel and footwear, accounting for 581 petitions. Of the 3,442 petitions, the Commission assigned 2,695 to Categories I through IV, 42 to Category V, and 705 to Category VI.
Background: The USITC has now completed the second of two miscellaneous tariff bill petition cycles mandated by the AMCA. Under the process, petitioners who could demonstrate that they are likely beneficiaries of a suspension or reduction of duties submitted petitions to the USITC between October 11, 2019, and December 10, 2019. The USITC accepted public comments on the petitions between January 10, 2020, and February 24, 2020. The USITC then evaluated the petitions to determine whether they met certain statutory requirements and submitted a preliminary report on the petitions received to the Committees, on June 9, 2020. The USITC subsequently accepted additional, limited public comments on Category VI petitions from June 12, 2020, through June 22, 2020. The submission of today’s report marks the completion of the second and final petition cycle required by the law.
USITC Votes to Continue Investigations Concerning Phosphate Fertilizers from Morocco and Russia
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 phosphate fertilizers that are allegedly subsidized by the governments of Morocco and Russia.
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, the U.S. Department of Commerce will continue with its countervailing duty investigations concerning imports of these products from Morocco and Russia, with its preliminary determinations due on or about September 21, 2020.
The Commission’s public report Phosphate Fertilizers from Morocco and Russia (Inv. Nos. 701-TA-650-651 (Preliminary), USITC Publication 5105, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 8, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Phosphate Fertilizers from Morocco and Russia
Investigation Nos. 701-TA-650-651 (Preliminary)
Product Description: Phosphate fertilizers contain essential phosphorus (P) plant nutrient applied annually to some 300 million acres of U.S. cropland. The product is sourced from phosphate ores mined and chemically upgraded to plant available granular phosphate fertilizer compounds or compacted forms, each combined with the other essential plant nutrients, nitrogen (N) and potassium (K). Diammonium phosphate (DAP), and monoammonium phosphate (MAP) are popular high analysis NP granular multinutrient phosphate fertilizers containing 11 to 18 percent N, and 46 to 52 percent plant available phosphate (P2O5), each used for direct application or in NPK bulk blends. Value-added NP specialty products contain sulfur (S) soil amendments (NPS), and NPS-Zinc with micro or secondary nutrients. Other products having more limited use include single nutrient triple superphosphate (TSP), and single superphosphate (SSP), as well as nitrophosphate products. Excluded are liquid ammonium polyphosphate fertilizers, liquid phosphoric acid intermediate product, and non-fertilizer phosphates.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty investigation.
2. Petitioner: The Mosaic Company, Plymouth, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Conference Date: Friday, July 17, 2020.
5. USITC Vote Date: Friday, August 7, 2020.
6. USITC Views to Commerce: Monday, August 17, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 5.
2. Location of producers’ plants: Florida, Idaho, Louisiana, Minnesota, North Carolina, and Wyoming.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2019:
1. Subject imports: $1,066 million.
2. Nonsubject imports: $355 million.
3. Leading import sources: Morocco, Russia, and Saudi Arabia.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Votes to Continue Investigations Concering Twist Ties from China
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 twist ties from China that are allegedly 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, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from China, with its preliminary countervailing duty determination due on or about September 21, 2020, and its preliminary antidumping duty determination due on or about December 3, 2020.
The Commission’s public report Twist Ties from China (Inv. Nos. 701-TA-649 and 731-TA-1523 (Preliminary), USITC Publication 5104, August 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after September 8, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Twist Ties from China
Investigation Nos. 701-TA-649 and 731‐TA‐1523 (Preliminary)
Product Description: The merchandise covered by this investigation consists of twist ties, which are thin, bendable ties for closing containers, such as bags, bundle items, or identifying objects. The product in most circumstances is comprised of one or more metal wires encased in a covering material, which allows the tie to retain its shape and bind against itself. It is possible to make a twist tie with plastic and no metal wires. The metal wire that is generally used in a twist tie is stainless or galvanized steel and typically measures between the gauges of 19 (0.0410” diameter) and 31 (0.0132”) (American Standard Wire Gauge). The product usually has a width between 0.075” and 1” in the cross-machine direction (width of the tie – measurement perpendicular with the wire); a thickness between 0.015” and 0.045” over the wire; and a thickness between 0.002” and 0.020” in areas without wire. Included are all-plastic twist ties containing a plastic core as well as a plastic covering (the wing) over the core, like paper and/or plastic in a metal tie. An all-plastic twist tie (without metal wire) has the same measurements as a twist tie containing one or more metal wires. Twist ties are commonly available individually in pre-cut lengths (“singles”), wound in large spools to be cut later by machine or hand, or in perforated sheets of spooled or single twist ties that are later slit by machine or by hand (“gangs”). The covering material of a twist tie may be paper (metallic or plain) or plastic and can be dyed in a variety of colors with or without printing. The product may have the same covering material on both sides or one side of paper and one side of plastic. When comprised of two sides of paper, the paper material is bound together with an adhesive or plastic. A twist tie may also have a tag or label attached to it or a pre-applied adhesive attached.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioner: Bedford Industries Inc., Worthington, MN.
3. USITC Institution Date: Friday, June 26, 2020.
4. USITC Conference Date: Friday, July 17, 2020.
5. USITC Vote Date: Friday, August 7, 2020.
6. USITC Views to Commerce: Monday, August 17, 2020.
U.S. Industry in 2019:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Arizona and Minnesota.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2019:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Institutes Section 337 Investigation of Certain Wrapping Material and Methods for Use in Agricultural Applications
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wrapping material and methods for use in agricultural applications. 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 Tama Group of Israel and Tama USA Inc. of Dubuque, IA, on July 7, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wrapping materials and methods for use in agricultural applications 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:
Zhejiang Yajia Cotton Picker Parts Co., Ltd., of Zhejiang, China;
Southern Marketing Affiliates, Inc., of Jonesboro, AR;
Hai’an Xin Fu Yuan of Agricultural Science and Technology Co., Ltd., of Jiangsu, China; and
Gosun Business Development Co. Ltd. of Grande Prairie, Canada.
By instituting this investigation (337-TA-1210), 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.