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USITC

November 18, 2020

News Release 20-133

Inv. No(s). 701-TA-506 & 508 and 731-TA-1238-1242 (Review)

Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of non-oriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan and the countervailing duty orders on imports of this product from China and Taiwan 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, Germany, Japan, Korea, Sweden, and Taiwan 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 Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan (Inv. Nos. 701-TA-506 & 508 and 731-TA-1238-1243 (Review), USITC Publication 5140, December 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by January 6, 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 Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan were instituted on November 1, 2019.

On February 4, 2020, the Commission voted to conduct full reviews. With respect to Germany, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.  With respect to China, Japan, Korea, Sweden, and Taiwan, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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November 13, 2020

News Release 20-132

Inv. No(s). 337-TA-1230

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Electric Shavers and Components and Accessories Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric shavers and components and accessories 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 Skull Saver, LLC, of Moorestown, NJ, on October 13, 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 electric shavers and components and accessories 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:

Rayenbarny Inc. of New York, NY;
Bald Shaver Inc. of Toronto, Ontario, Canada;
Suzhou Kaidiya Garments Trading Co., Ltd., d.b.a. “Digimator” of Suzhou, Jiangsu, China;
Shenzhen Aiweilai Trading Co., Ltd., d.b.a. “Teamyo” of Shenzhen, Guangdong, China;
Wenzhou Wending Electric Appliance Co., Ltd. of Yueqing City, Zhejiang Province, China;
Shenzhen Nukun Technology Co., Ltd., d.b.a. “OriHea” of Shenzhen, Guangdong, China;
Yiwu Xingye Network Technology Co. Ltd., d.b.a. “Roziapro” of Yiwu, Zhejiang, China;
Magicfly LLC of Center Hong Kong;
Yiwu City Qiaoyu Trading Co., Ltd. of Yiwu, Zhejiang, China;
Shenzhen Wantong Information Technology Co., Ltd., d.b.a. “WTONG” of Shenzhen, Guangdong, China; and
Shenzhen Junmao International Technology Co., Ltd., d.b.a. “Homeasy” of Shenzhen, Guangdong, China.

By instituting this investigation (337-TA-1230), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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November 12, 2020

News Release 20-131

Inv. No(s). 701-TA-658-659 and 731-TA-1538-1542 (Preliminary)

Contact: Peg O'Laughlin, 202-205-1819

USITC Votes to Continue Investigations Concerning Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey

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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of Oman and Turkey.

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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey, with its preliminary countervailing duty determinations due on or about December 23, 2020, and its preliminary antidumping duty determination due on or about March 8, 2021.

The Commission’s public report Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey (Inv. Nos. 701-TA-658-659 and 731-TA-1538-1542 (Preliminary), USITC Publication 5138, November 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after December 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

Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey
Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Preliminary)

Product Description:  Aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, all aluminum foil meeting the scope of the description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of these investigations is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil, and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. 

Status of Proceedings:

1.   Type of investigation:  Preliminary antidumping and countervailing duty investigations.
2.   Petitioners:  Aluminum Association Trade Enforcement Working Group, Arlington, VA; Gränges Americas, Inc., Franklin, TN; JW Aluminum Company, Daniel Island, SC; Novelis Corporation, Atlanta, GA.
3.   USITC Institution Date:  September 29, 2020.
4.   USITC Hearing Date:  October 20, 2020.
5.   USITC Vote Date:  November 12, 2020.
6.   USITC Notification to Commerce Date:  November 13, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  5.
2.   Location of producers’ plants:  Arkansas, Indiana, Kentucky, Missouri, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and West Virginia.
3.   Production and related workers:  1,526.
4.   U.S. producers’ U.S. shipments:  $1.4 billion.
5.   Apparent U.S. consumption:  $1.9 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  14.0 percent. 

U.S. Importers’ U.S. shipments in 2019:

1.   Subject imports:  $267.0 million.
2.   Nonsubject imports:  $265.6 million.
3.   Leading import sources:  Turkey, Korea, Germany, China, Oman.

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November 10, 2020

News Release 20-130

Inv. No(s). 701-TA-631 and 731-TA-1463-1464 (Final)

Contact: Peg O'Laughlin, 202-205-1819

Forged Steel Fittings from India and Korea 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 forged steel fittings from India and Korea 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 India.

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

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of these products from India and Korea and a countervailing duty order on imports of these products from India.

The Commission’s public report Forged Steel Fittings from India and Korea (Inv. Nos. 701-TA-631 and 731-TA-1463-1434 (Final), USITC Publication 5137, November 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by December 15, 2020; 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

Forged Steel Fittings from India and Korea
Investigation Nos. 701-TA-631 and 731-TA-1463-1464 (Final)

Product Description:  Carbon and alloy forged steel fittings, whether unfinished or finished. Such fittings are made in a variety of shapes, including, but not limited to, elbows, tees, crosses, lateral couplings, reducers, caps, plugs, bushings, unions (including hammer unions), and outlets. Forged steel fittings are covered regardless of end finish, whether threaded, socket-weld, or other end connections. The scope includes integrally reinforced forged branch outlet fittings, regardless of whether they have one or more ends that is a socket welding, threaded, butt welding end, or other end connections. All types of forged steel fittings are included in the scope regardless of nominal pipe size, pressure class rating, wall thickness, and whether or not heat treated. Excluded from the scope are all fittings entirely made of stainless steel, as well as flanges, nipples, and all fittings that have a maximum pressure rating of 300 pounds per square inch or less. See Commerce’s scope for additional exclusion information.

Status of Proceedings:

1.   Type of investigations:  Final antidumping duty and countervailing duty investigations.
2.   Petitioners:  Bonney Forge Corporation, Mount Union, PA; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PS.
3.   USITC Institution Date:  October 23, 2019.
4.   USITC Hearing Date:  October 15, 2020.
5.   USITC Vote Date:  November 10, 2020.
6.   USITC Notification to Commerce Date:  November 25, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  Four.
2.   Location of producers’ plants:  Louisiana, New Jersey, Pennsylvania, and Texas.
3.   Production and related workers: [1]
4.   U.S. producer’s’ U.S. shipments: 1
5.   Apparent U.S. consumption:  $170.8 million.1
6.   Ratio of subject imports to apparent U.S. consumption:  percent. 1

U.S. Imports in 2019:

1.   Subject imports: 1
2.   Nonsubject imports: 1
3.   Leading import sources:  China, India, Korea, Mexico.

 

[1] Withheld to avoid revealing business proprietary information.

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November 6, 2020

News Release 20-129

Inv. No(s). 701-TA-463 and 731-TA-1159 (Second Review)

Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Oil Country Tubular Goods from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of oil country tubular goods 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 Oil Country Tubular Goods from China (Inv. Nos. 701-TA-463 and 731-TA-1159 (Second Review), USITC Publication 5136, November 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by December 11, 2020; 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 Oil Country Tubular Goods from China were instituted on April 1, 2020.

On July 6, 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.

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November 3, 2020

News Release 20-128

Inv. No(s). 337-TA-1229

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain furniture products finished with decorative wood grain paper 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 Toppan Interamerica, Inc., of McDonough, GA, on October 2, 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 furniture products finished with decorative wood grain paper and components thereof that infringe a copyright 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 Walker Edison Furniture Company, LLC, of Salt Lake City, UT, as the respondent in this investigation.

By instituting this investigation (337-TA-1229), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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November 2, 2020

News Release 20-127

Inv. No(s). 337-TA-1228

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Automated Storage and Retrieval Systems, Robots, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated storage and retrieval systems, robots, 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 AutoStore Technology AS and AutoStore AS, both of Nedre Vats, Norway, and AutoStore System Inc. of Derry, NH, on October 1, 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 automated storage and retrieval systems, robots, 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:

Ocado Group Plc of Hatfield, Hertfordshire, United Kingdom;
Ocado Central Services Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Innovation Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Operating Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Solutions, Ltd., of Hatfield, Hertfordshire, United Kingdom;
Ocado Solutions USA Inc. of Tysons Corner, VA;
Tharsus Group Ltd. of Blyth, Northumberland, United Kingdom; and
Printed Motor Works Ltd. of Alton, Hampshire, United Kingdom.

By instituting this investigation (337-TA-1228), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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October 29, 2020

News Release 20-126

Inv. No(s). 731-TA-1012

Contact: Peg O'Laughlin, 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Frozen Fish Fillets from Vietnam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of frozen fish fillets from 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 determination, the existing order on imports of this product from Vietnam 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 this five-year (sunset) review.

The Commission’s public report Frozen Fish Fillets from Vietnam (Inv. No. 731-TA-1012 (Third Review), USITC Publication 5135, November 2020) will contain the views of the Commission and information developed during the review.

The report will be available by December 10, 2020; 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 Frozen Fish Fillets from Vietnam was instituted on October 1, 2019.

On January 6, 2020, the Commission voted to conduct a full review. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.

A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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October 23, 2020

News Release 20-125

Inv. No(s). 337-TA-1227

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain routers, access points, controllers, network management devices, other networking products, and hardware and software 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 Q3 Networking LLC of Frisco, TX, on September 22, 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 routers, access points, controllers, network management devices, other networking products, and hardware and software 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:

CommScope Holding Company, Inc., of Hickory, NC;
CommScope, Inc., of Hickory, NC;
Arris US Holdings, Inc., of Suwanee, GA;
Ruckus Wireless, Inc., of Sunnyvale, CA;
Hewlett Packard Enterprise Co. of Palo Alto, CA;
Aruba Networks, Inc., of Santa Clara, CA; and
Netgear, Inc., of San Jose, CA.

By instituting this investigation (337-TA-1227), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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October 23, 2020

News Release 20-124

Inv. No(s). 337-TA-1226

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Artificial Eyelash Extension Systems, Products, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain artificial eyelash extension systems, 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 Lashify, Inc., of Glendale, CA, on September 10, 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 artificial eyelash extension systems, products, 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:

KISS Nail Products, Inc., of Port Washington, NY;
Ulta Beauty, Inc., of Bolingbrook, IL;
Walmart, Inc., of Bentonville, AR;
CVS Health Corporation of Woonsocket, RI;
Qingdao Hollyren Cosmetics Co., Ltd. d/b/a Hollyren of Shandong Province, China;
Qingdao Xizi International Trading Co., Ltd. d/b/a Xizi Lashes of Shandong Province, China;
Qingdao LashBeauty Cosmetic Co., Ltd. d/b/a Worldbeauty of Qingdao, China;
Alicia Zeng d/b/a Lilac St; Artemis Family Beginnings, Inc., of San Francisco, CA; and
Rachael Gleason d/b/a Avant Guard Beauty Co. of Dallas TX.

By instituting this investigation (337-TA-1226), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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