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News Release 19-035
Inv. No(s). 701-TA-601 and 731-TA-1411 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of laminated woven sacks from Vietnam 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 Vietnam.
The Commission’s public report Laminated Woven Sacks from Vietnam (Inv. Nos. 701-TA-601 and 731-TA-1411 (Final), USITC Publication 4893, May 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by June 18, 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
Laminated Woven Sacks from Vietnam
Investigation Nos. 701-TA-601 and 731-TA-1411 (Final)
Product Description: Laminated woven sacks (LWS) are bags consisting of one or more plies of fabric of woven polypropylene strip and/or polyethylene strip that are laminated or bonded to an exterior ply of plastic film such as biaxially-oriented polypropylene (BOPP), polyester (PET), polyethylene (PE), nylon, or any film suitable for printing, or to an exterior ply of paper. The exterior ply is printed in three or more colors. LWS are sold and used primarily as packaging for retail products such as pet food and animal feed.
Status of Proceedings:
- Type of investigation: Final antidumping and countervailing duty investigations.
- Petitioners: Polytex Fibers Corporation, Houston, TX; ProAmpac, LLC, Cincinnati, OH.
- USITC Institution Date: March 7, 2018.
- USITC Hearing Date: April 4, 2019.
- USITC Vote Date: May 1, 2019.
- USITC Notification to Commerce Date: May 15, 2019.
U.S. Industry in 2017:
- Number of U.S. producers: 10.
- Location of producers’ plants: Alabama, Georgia, Kansas, Kentucky, Louisiana, South Carolina, Tennessee, Texas, and Wisconsin.
- Production and related workers: 733.
- U.S. producers’ U.S. shipments: $172.5 million.
- Apparent U.S. consumption: $313.8 million.
- Ratio of subject imports to apparent U.S. consumption: 31.8 percent.
U.S. Imports in 2017:
- Subject imports: $99.9 million.
- Nonsubject imports: $41.4 million.
- Leading import sources: Vietnam, Honduras, Korea, Colombia, India, Cambodia, Thailand.
News Release 19-030
Inv. No(s). 731-TA-1410
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of rubber bands from Thailand that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners 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 determination, Commerce will issue an antidumping duty order on imports of this product from Thailand.
The Commission’s public report Rubber Bands from Thailand (Inv. No. 731-TA-1410 (Final), USITC Publication 4887, April 2019) will contain the views of the Commission and information developed during the investigation.
The report will be available by May 13, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Rubber Bands from Thailand
Investigation No. 731-TA-1410 (Final)
Product Description: Rubber bands are flexible circular bands produced from hollow cylindrical tubes of vulcanized natural and synthetic rubber, mineral additives, dyes and pigments. Scope band lengths range 1/2 inch to 10 inches, circular band flattened on its side, and a width from about 1/16 inch to 2 inches; wall thickness up to 0.125 inches. The physical properties of rubber bands' superior elasticity, stretch strength, grip, and tear resistance, make it ideal for binding items together. Major rubber band consumer and industrial end use applications include stationery (office), industrial packaging (manufacturing), agricultural and aquaculture (produce and shellfish), retail, government and post office, advertising specialty and newspapers.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty investigation.
2. Petitioners: Alliance Rubber Company, Hot Springs, Arkansas.
3. USITC Institution Date: Tuesday, January 30, 2018.
4. USITC Hearing Date: Tuesday, November 13, 2018.
5. USITC Vote Date: Tuesday, April 9, 2019.
6. USITC Notification to Commerce Date: Monday, April 22, 2019.
U.S. Industry in 2017:
1. Number of U.S. producer(s): 1.
2. Location of producers’ plants: Arkansas and California.
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 2017:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Thailand and China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-031
Inv. No(s). 701-TA-486 and 731-TA-1195-1196 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of utility scale wind towers from China and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping duty orders on imports of these products from China and Vietnam and the existing countervailing duty order on imports of these products from China will remain in place.
Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative with respect to both countries. Chairman David S. Johanson voted in the affirmative with respect to China and in the negative with respect to Vietnam. Commissioner Meredith M. Broadbent did not vote 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 Utility Scale Wind Towers from China and Vietnam (Inv. Nos. 701-TA-486 and 731-TA-1195-1196 (Review), USITC Publication 4888, April 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 20, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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 Utility Scale Wind Towers from China and Vietnam were instituted on January 2, 2018.
On April 9, 2018, the Commission voted to conduct full reviews. Commissioners David S. Johanson and Meredith M. Broadbent concluded the domestic group response was adequate and the respondent group responses were inadequate but that circumstances warranted full reviews. Commissioners Irving A. Williamson and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Jason E. Kearns did not participate in these adequacy determinations.
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.
News Release 18-015
Inv. No(s). 337-TA-1149
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, integrated circuits, and consumer 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 Innovative Foundry Technologies LLC of Portsmouth, NH, on February 15, 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 semiconductor devices, integrated circuits, and consumer products containing the same 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:
BBK Communication Technology Co., Ltd., of Dongguan, Guangdong, China;
Vivo Mobile Communication Co., Ltd., of Dongguan, Guangdong, China;
OnePlus Technology (Shenzhen) Co., Ltd., of Shenzhen, Guangdong, China;
Guangdong OPPO Mobile Telecommunications Co., Ltd., of Dongguan, Guangdong, China;
Hisense Electric Co., Ltd., of Qingdao, China;
Hisense USA Corporation of Suwanee, GA;
Hisense USA Multimedia R & D Center Inc. of Suwanee, GA;
TCL Corporation of Huizhou City, Guangdong, China;
TCL Communication, Inc., of Irvine, CA;
TTE Technology, Inc. (d/b/a TCL America) of Wilmington, DE;
TCT Mobile (US) Inc. of Irvine, CA;
VIZIO, Inc., of Irvine, CA;
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Mstar Semiconductor, Inc., of Hsinchu Hsien, Taiwan;
Qualcomm Incorporated of San Diego, CA;
Qualcomm Technologies, Inc., of San Diego, CA;
Taiwan Semiconductor Manufacturing Company Limited of Hsinchu City, Taiwan;
TSMC North America of San Jose, CA; and
TSMC Technology, Inc., of San Jose, CA.
By instituting this investigation (337-TA-1149), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the
USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 19-012
Inv. No(s). 701-TA-365-366 and 731-TA-734-735 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of certain pasta from Italy and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping and countervailing duty orders on imports of this product from Italy and Turkey 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 voted in the affirmative with respect to Italy and in the negative with respect to Turkey.
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 Certain Pasta from Italy and Turkey (Inv. Nos. 701-TA-365-366 and 731-TA-734-735 (Fourth Review), USITC Publication 4876, March 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by April 16, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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 Certain Pasta from Italy and Turkey were instituted on August 1, 2018.
On November 5, 2018, the Commission voted to conduct expedited reviews. 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. With respect to Turkey, Chairman David S. Johanson and Commissioner Meredith M. Broadbent concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to Italy, Chairman Johanson and Commissioner Broadbent concluded that the domestic group response was adequate and the respondent group response was inadequate, and voted for full reviews in order to promote administrative efficiency.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 19-011
Inv. No(s). 337-TA-1148
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 Tela Innovations, Inc., of Los Gatos, CA, on December 19, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits and products containing the same 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:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
AsusTek Computer Inc. of Taipai, Taiwan;
Asus Computer International of Fremont, CA;
Intel Corporation of Santa Clara, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Micro-Star International Co., Ltd., of New Taipei City, Taiwan; and
MSI Computer Corp. of City of Industry, CA.
By instituting this investigation (337-TA-1148), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 19-010
Inv. No(s). FTA-103-032
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) is seeking input on a newly initiated investigation concerning proposed modifications of the United States-Korea Free Trade Agreement (KORUS) rules of origin.
The investigation, U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin, was requested by the U.S. Trade Representative (USTR) in a letter received on February 22, 2019. The letter included an attachment detailing the certain textile and apparel articles affected by the proposed modifications.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed U.S.-Korea FTA rules of origin modifications on U.S. trade under the KORUS, total U.S. trade, and on domestic producers of the affected articles.
The USITC expects to submit its advice to the USTR by June 24, 2019. A public version of the report, with all confidential business information deleted, will be released as soon as possible thereafter.
The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on March 29, 2019.
Further information on the scope of this investigation, the proposed rules of origin modifications, and the procedures for written submissions is available in the USITC's notice of investigation, dated March 11, 2019, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.
News Release 19-009
Inv. No(s). 337-TA-1147
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood separation and cell preparation devices. 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 RegenLab USA LLC of New York, NY, on February 4, 2019, and an amended complaint filed on February 15, 2019. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain blood separation and cell preparation devices that infringe a patent 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:
Estar Technologies, Ltd., of Holon, Israel; and
Eclipse MedCorp, LLC, of The Colony, TX.
By instituting this investigation (337-TA-1147), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 19-008
Inv. No(s). 337-TA-1146
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, 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 Vitaworks IP, LLC, of North Brunswick, NJ; Vitaworks, LLC, of North Brunswick, NJ; and Dr. Songzhou Hu of North Brunswick, NJ, on January 30, 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 taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
A to Z Nutrition, Inc., of Miramar, FL;
Ampak Company, Inc., of Larchmont, NY;
Armada Nutrition LLC of Spring Hill, TN;
Atlantic Chemicals Trading of North America, Inc., of Boston, MA;
Crossroad Ingredients LLC of Fairfield, NJ;
Emote International, Inc., of La Verne, CA;
Epikix, Inc., of Irvine, CA;
Fuerst Day Lawson (USA), Ltd., of London, England, United Kingdom;
Glanbia Nutritional (NA), Inc., of Carlsbad, CA;
Greating Shipping Co. of Alhambra, CA;
Green Wave Ingredients, Inc., of La Mirada, CA;
Hard Eight Nutrition, LLC, of Henderson, NV;
Fuchi Pharmaceutical Co., Ltd., d/b/a Hubei Grand Life Science and Technology Co., Ltd., of Hubei Province, China;
Jiangyin Huachang Food Additive Co., Ltd., of Jiang Su Province, China;
Natural Ingredient Corp. of Pasadena, CA;
JSW Enterprises, LLC, d/b/a Nutravative Ingredients of Allen, TX;N.V.E., Inc., a/k/a N.V.E. Pharmaceuticals, Inc., of Andover, NJ;
Pacific Rainbow International, Inc., of City of Industry, CA;
Pharmachem Laboratories, Inc., of Kearny, NJ;
Prinova USA, LLC, of Carol Stream, IL;
Qianjiang Yongan Pharma.Co., Ltd. of Qianjiang City, Hubei Province, China;
SEM Minerals, L.P., of Quincy, IL;
Signo, LLC, of Houston, TX;
Stauber Holdings, Inc., f/k/a Stauber Performance Ingredients, Inc., of Fullerton, CA;
Shandong Xinhua Pharmaceutical USA, Inc., d/b/a SX Pharma of South El Monte, CA;
Uniprime International, LLC of Eatontown, NJ; and
Wild Flavors, Inc., of Erlanger, KY.
By instituting this investigation (337-TA-1146), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
News Release 19-007
Inv. No(s). 337-TA-1145
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain botulinum toxin products, processes for manufacturing or relating to same and certain products containing 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 Medytox Inc. of Seoul, South Koreal; Allergan plc of Dublin, Ireland; and Allergan, Inc., of Irvine, CA, on January 30, 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 botulinum toxin products, processes for manufacturing or relating to same and certain products containing same that misappropriate trade secrets 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:
Daewoong Pharmaceuticals Co., Ltd., of Seoul, South Korea; and
Evolus, Inc., of Irvine, CA.
By instituting this investigation (337-TA-1145), 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.