USITC
Steel Racks 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 steel racks 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.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioners Irving A. Williamson and Meredith M. Broadbent did not participate in these votes.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission’s public report Steel Racks from China (Inv. Nos. 701-TA-608 and 731-TA-1420 (Final), USITC Publication 4951, September 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by September 27, 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
Steel Racks from China
Investigation Nos. 701-TA-608 and 731-TA-1420 (Final)
Product Description: A steel rack, sometimes referred to as a “storage rack,” is a structure consisting of the following hot-rolled or cold-formed steel structural components: (1) vertical columns connected by braces, (2) load-bearing horizontal beams, and (3) locking devices to secure the beams to the columns. Certain types of steel racks may also include movable components, such as rails, wheels, rollers, tracks, channels, carts, or conveyors. Steel racks offer strength and stability for storing heavy loads in readily accessible rack configurations. Hence, they are utilized for short- or long-term holding of products or materials in warehouses, order-fulfillment and distribution centers, big-box retail stores, and manufacturing facilities.
Status of Proceedings:
1. Type of investigations: Final countervailing duty and antidumping investigations.
2. Petitioners: The Coalition for Fair Rack Imports and its members: Bulldog Rack Company, Weirton, WV; Elite Storage Solutions, Monroe, GA; Hannibal Industries Inc., Los Angeles, CA; Husky Rack and Wire, Denver, NC; Ridg-U-Rak Inc., North East, PA; SpaceRAK, a Division of Heartland Steel Products Inc., Marysville, MI; Speedrack Products Group Ltd., Sparta, MI; Steel King Industries Inc., Stevens Point, WI; Tri-Boro Shelving & Partition Corp., Farmville, VA; and UNARCO Material Handling Inc., Springfield, TN.
3. USITC Institution Date: Wednesday, June 20, 2018.
4. USITC Hearing Date: Tuesday, July 16, 2019.
5. USITC Vote Date: Tuesday, August 20, 2019.
6. USITC Notification to Commerce Date: Tuesday, September 3, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 12.
2. Location of producers’ plants: California, Georgia, Illinois, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, 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 2018:
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 Child Resistant Closures with Slider Devices Having A User Actuated Insertable Torpedo For Selectively Opening the Closure and Slider Devices Therefor
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor. 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 Reynolds Presto Products Inc. of Lake Forest, IL, July 22, 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 child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor 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 a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Dalian Takebishi Packing Industry Co., Ltd. of Dalian, China;
Dalian Altma Industry Co., Ltd., of Dalian, Liaoning, China;
Japan Takebishi Co., Ltd., of Tokyo, Japan;
Takebishi Co., Ltd., of Shiga, Japan;
Shanghai Takebishi Packing Material Co., Ltd., of Shanghai, China; and
Qingdao Takebishi Packing Industry Co., Ltd., of Jimo City, Qingdao, China.
By instituting this investigation (337-TA-1171), 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 Mobile Devices with Multifunction Emulators
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices with multifunction emulators. 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 Dynamics Inc. of Cheswick, PA, on July 12, 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 mobile devices with multifunction emulators 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:
Samsung Electronics Co., Ltd., of Suwon, Gyeonggi, Republic of Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.
By instituting this investigation (337-TA-1170), 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 Releases Report Concerning Developments Within the U.S. Large Residential Washer Industry Since Imposition of Global Safeguard Remedies
The U.S. International Trade Commission (USITC) today released its report on its monitoring of developments in the U.S. large residential washer industry since the President’s imposition of a safeguard measure on imports of large residential washers and certain parts thereof.
The report, Large Residential Washers: Monitoring Developments in the Domestic Industry, is available to the public via the USITC website (www.usitc.gov).
The measure took effect on February 7, 2018. The President imposed the measure after receiving a USITC determination (under section 202 of the Trade Act of 1974) that large residential washers and certain parts were being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry. The measure was in the form of tariff-rate quotas on imports of large residential washers and certain parts thereof for a period of three years and one day. See Proclamation 9694 of January 23, 2018.
As required by section 204(a) of the Trade Act of 1974, on February 15, 2019, the Commission instituted a mid-term review to report to the President and the Congress on the results of its monitoring of developments within the large residential washer industry since imposition of the safeguard measure.
Large Residential Washers: Monitoring Developments in the Domestic Industry (Inv. No. TA-204-013, USITC Publication 4941, August 2019) is available at https://www.usitc.gov/publications/701_731/pub4941.pdf.
Steel Trailer Wheels 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 steel trailer wheels 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.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission also made negative findings concerning critical circumstances with regard to imports of this product from China. As a result, imports of steel trailer wheels from China will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Steel Trailer Wheels from China (Inv. Nos. 701-TA-609 and 731-TA-1421 (Final), USITC Publication 4943, August 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by September 12, 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
Steel Trailer Wheels from China
Investigation Nos. 701-TA-609 and 731-TA-1421 (Final)
Product Description: Trailer wheels are used to provide mobility for trailers, including utility trailers, cargo trailers, horse trailers, boat trailers, and towable recreational trailers (towable RVs).
Status of Proceedings:
1. Type of investigation: Final phase antidumping and countervailing duty investigations.
2. Petitioners: Dexstar Wheel, Elkhart, IN.
3. USITC Institution Date: Wednesday, August 8, 2018.
4. USITC Hearing Date: Tuesday, July 9, 2019.
5. USITC Vote Date: Friday, August 2, 2019.
6. USITC Notification to Commerce Date: Thursday, August 22, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Indiana and South Carolina.
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: $73.0 million.
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Steel Wire Garment Hangers from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of steel wire garment hangers from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing antidumping duty order on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Steel Wire Garment Hangers from China (Inv. No. 731-TA-1123 (Second Review), USITC Publication 4945, August 2019) will contain the views of the Commission and information developed during the review.
The report will be available by September 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 Steel Wire Garment Hangers from China was instituted on February 1, 2019.
On May 8, 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Persulfates from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of persulfates from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing antidumping duty order on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Persulfates from China (Inv. No. 731-TA-749 (Fourth Review), USITC Publication 4946, August 2019) will contain the views of the Commission and information developed during the review.
The report will be available by September 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 Persulfates from China was instituted on February 1, 2019.
On May 8, 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Hot-Rolled Carbon Steel Flat Products from China, India, Indonesia, Taiwan, Thailand, and Ukraine
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of hot-rolled carbon steel flat products from China, India, Indonesia, Taiwan, Thailand, and Ukraine and the existing countervailing duty order on imports of these products from Indonesia, Taiwan, and Thailand 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 these products from China, India, Indonesia, Taiwan, Thailand, and Ukraine and the existing countervailing duty order on imports of these products from Indonesia, Taiwan, and Thailand will remain in place.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioner Meredith M. Broadbent did not participate in these reviews.
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 Hot-Rolled Carbon Steel Flat Products from China, India, Indonesia, Taiwan, Thailand, and Ukraine (Inv. Nos. 701-TA-405-406 and 408 and 731-TA-899-901 and 906-908 (Third Review), USITC Publication 4942, August 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 3, 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 Hot-Rolled Carbon Steel Flat Products from China, India, Indonesia, Taiwan, Thailand, and Ukraine were instituted on January 2, 2019.
On May 8, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Meredith M. Broadbent did not participate in these 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.
Proposed Modifications to the U.S.-Korea FTA Rules of Origin Would Likely Have a Negligible Effect on U.S. Imports and Exports, Says USITC
However, USITC Notifies USTR That Two Domestic Producers Filed Objections
Proposed modifications to the United States-Korea Free Trade Agreement (KORUS) rules of origin are likely to have a negligible effect on U.S. imports and U.S. exports, but they could impact the U.S. industry that produces some of the affected articles, reports the United States International Trade Commission (USITC) in its publication U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin.
The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).
As requested, the report provides advice on the probable economic effect of the proposed modifications to the U.S.-Korea FTA rules of origin on U.S. trade under the agreement, on total U.S. trade, and on domestic production of the affected articles. The proposed modifications, detailed in the USTR's request letter, cover the following of headings of the Harmonized Tariff Schedule of the United States (HTS):
- Certain cotton yarns (under HTS heading 5206) with viscose rayon staple fibers (under HTS subheadings 5504.10 or 5507.00);
- Certain woven fabrics (under HTS heading 5408) with cuprammonium rayon yarns (under HTS subheading 5403.39); and
- Certain apparel (under HTS heading 6110), accessories, and apparel parts (under HTS heading 6117) of cashmere yarns (under HTS heading 5108).
Each of the proposed modifications to the rules of origin would liberalize the current rules of origin by allowing the use of more non-originating materials. However, because U.S. imports from Korea are a small portion of total U.S imports of the affected articles, and because Korea is not a major producer of the affected articles, the likely effect of the proposed modifications on imports under KORUS and on total U.S. imports of these products is negligible.
Similarly, because the United States exported little to none (both in terms of value and as a share of total U.S. exports of these products) of the affected articles to Korea in 2018, the likely effect of the proposed modification on exports under KORUS and on total U.S. exports would be negligible as well.
The Commission received two objections from domestic producers of two of the articles affected by the proposed modification. One domestic producer of cotton yarns with viscose rayon staple fibers objected to the first of the proposed modifications as they produce the end-use product covered by that modification. Another domestic producer of cashmere yarns objected to the third modification as they produce the input covered by that modification.
U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin (Inv. No. FTA-103-032, USITC publication 4917, June 2019) is available at https://www.usitc.gov/sites/default/files/publications/tariff_affairs/pub4917.pdf
USITC Institutes Section 337 Investigation of Certain Fish-Handling Pliers and Packaging Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain fish-handling pliers and packaging 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 United Plastic Molders, Inc., of Jackson, MS, on June 21, 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 fish-handling pliers and packaging thereof that infringe a patent and registered trademarks 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:
Yixing Five Union Industry & Trade Co., Ltd., of Yixing City, Jiangsu Province, China;
NOEBY Fishing Tackle Co., Ltd. of Weihai, Shandong Province, China;
Weihai iLure Fishing Tackle Co., Ltd., of Weihai, Shandong Province, China;
SamsFX of Yangzhou City, Jiangsu Province, China; and
Weihai Lotus Outdoor Co., Ltd., of Weihai City, Shandong Province, China.
By instituting this investigation (337-TA-1169), 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.