USITC
USITC Votes to Continue Investigations of Certain Collated Steel Staples from China, Korea, and Taiwan
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 collated steel staples from China that are allegedly subsidized and sold in the United States at less than fair value. The Commission further found that imports of this product from Korea and Taiwan are negligible and voted to terminate those investigations.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, and Rhonda K. Schmidtlein voted in the affirmative with respect to China and made findings of negligibility with respect to Korea and Taiwan. Commissioner Jason E. Kearns did not participate in these investigations.
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 August 30, 2019, and its preliminary antidumping duty determination due on or about November 16, 2019. As a result of the Commission’s findings of negligibility, the investigations concerning imports of this product from Korea and Taiwan will be terminated.
The Commission’s public report Certain Collated Steel Staples from China, Korea, and Taiwan (Inv. Nos. 701-TA-626 and 731-TA-1452-1454 (Preliminary), USITC Publication 4939, July 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available after August 19, 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
Certain Collated Steel Staples from China, Korea, and Taiwan
Investigation Nos. 701-TA-626 and 731-TA-1452-1454 (Preliminary)
Product Description: Certain collated steel staples (“CCS Staple”) are fasteners made from steel wire consisting of two same-size pointed or pointless legs connected by a crown located opposite from the staple-point ends, which is typically produced from low-carbon steel and is either uncoated or coated (galvanized with zinc). The principal use of a CCS staple is in structural and building construction to fasten two or more pieces of hard and dense material, including but not limited to wood or other solid building materials.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Kyocera Senco Industrial Tools, Inc., Cincinnati, OH.
3. USITC Institution Date: Thursday, June 6, 2019.
4. USITC Conference Date: Thursday, June 27, 2019.
5. USITC Vote Date: Friday, July 19, 2019.
6. USITC Notification to Commerce Date: Monday, July 22, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 3
2. Location of producers’ plants: Indiana, New Hampshire, and Ohio.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2018:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
Steel Propane Cylinders from China and Thailand 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 propane cylinders from China and Thailand that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.
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 investigations.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China and antidumping duty orders on such imports from Thailand.
The Commission’s public report Steel Propane Cylinders from China and Thailand (Inv. Nos. 701-TA-607 and 731-TA-1417 and 1419 (Final), USITC Publication 4938, August 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by August 26, 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 Propane Cylinders from China and Thailand
Investigation Nos. 701-TA-607 and 731-TA-1417 and 1419 (Final)
Product Description: Steel propane cylinders, used for the storage, transport, and dispensing of compressed or liquefied propane gas, are produced to meet the requirements of U.S. Department of Transportation (USDOT) Specifications 4B, 4BA, or 4BW; Transport Canada Specification 4BM, 4BAM, or 4BWM; or United Nations pressure receptacle standard ISO 4706. Steel propane cylinders range from 2.5 pound nominal gas capacity (approximate 6 pound water capacity and approximate 4–6 pound tare weight) to 42 pound nominal gas capacity (approximate 100 pound water capacity and approximate 28–32 pound tare weight). Steel propane cylinders have two or fewer ports and may be imported assembled or unassembled (i.e., welded or brazed before or after importation), with or without all components (including collars, valves, gauges, tanks, foot rings, and overfill prevention devices), and coated or uncoated. Also included within the scope are drawn cylinder halves, unfinished propane cylinders, collars, and foot rings for steel propane cylinders.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping investigations.
2. Petitioners: Worthington Industries Inc., Columbus, OH; and Manchester Tank and Equipment, Franklin, TN.
3. USITC Institution Date: May 22, 2018.
4. USITC Hearing Date: June 5, 2019.
5. USITC Vote Date: July 17, 2019.
6. USITC Notification to Commerce Date: August 5, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: California, Indiana, Ohio, Tennessee, and Texas.
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 sources: China and Thailand.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Makes Deteriminations in Five-Year (Sunset) Reviews Concerning Sodium Nitrite from China and Germany
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of sodium nitrite from China and Germany and the existing countervailing duty order on imports of this product 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 antidumping duty orders on imports of this product from China and Germany and the existing countervailing 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 these five-year (sunset) reviews.
The Commission’s public report Sodium Nitrite from China and Germany (Inv. Nos. 701-TA-453 and 731-TA-1136-1137 (Second Review), USITC Publication 4936, July 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by August 21, 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 Sodium Nitrite from China and Germany were instituted on January 2, 2019.
On April 12, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, Meredith M. Broadbent, and Jason E. Kearns concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
USITC Releases 10th Annual Report on U.S. Textile and Apparel Imports from China
The U.S. International Trade Commission (USITC) today released its annual compilation of reports published every two weeks on textile and apparel imports from China.
The report, Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2018, was requested by the U.S. House of Representatives' Committee on Ways and Means.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, produced an annual compilation of data that has been posted on a bi-weekly basis on the USITC website. The data in the report are shown on an annual and quarterly basis, by category and by Harmonized Tariff Schedule 10-digit statistical reporting number (HTS10).
By category, annual data are provided from 2012 through 2018, and quarterly data are provided from first quarter 2017 through fourth quarter 2018. By HTS10, annual data are provided from 2016 through 2018, and quarterly data are provided from first quarter 2017 through fourth quarter 2018.
The report will be available on the USITC Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub4916.pdf.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.
USITC Institutes Section 337 Investigation of Certain Foodserving Equipement and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain foodservice equipment 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 Illinois Tool Works Inc. of Glenview, IL; Vesta Global Limited of Hong Kong; Vesta (Guangzhou) Catering Equipment Co., Ltd., of Guangzhou, China; and Admiral Craft Equipment Corp. of Westbury, NY, on May 30, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States or sale by the owner, importer, or consignee of certain foodservice equipment and components thereof by reason of misappropriation of trade secrets or unfair competition through tortious interference with contractual relationships, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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:
Guangzhou Rebenet Catering Equipment Manufacturing Co., Ltd., of Guangzhou, China;
Zhou Hao of Shaanxi Province, China;
Aceplus International Limited (aka Ace Plus International Ltd.) of Guangzhou, China;
Guangzhou Liangshen Trading Co., Ltd., of Guangzhou, China; and
Zeng Zhaoliang of Guangdong Province, China.
By instituting this investigation (337-TA-1166), 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 Barcode Scanners, Scan Engines, Products Containing the Same, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, scan engines, products containing the same, 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 Honeywell International, Inc. of Morris Plains, NJ, and Hand Held Products, Inc., and Metrologic Instruments, Inc., both of Fort Mill, SC, on May 31, 2019. Supplements to the complaint were filed on June 7, 17, and 18, 2019. 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 barcode scanners, scan engines, products containing the same, 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:
Opticon, Inc., of Renton, WA;
Opticon Sensors Europe B.V. of Hoofddorp, The Netherlands;
OPTO Electronics Co., Ltd., of Warabi-city Saitama Pref., Japan; and
Hokkaido Electronic Industry Co., Ltd., of Ashibetsu-shi, Hokkaido, Japan.
By instituting this investigation (337-TA-1165), 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 Makes Determinations in Five-Year (Sunset) Review Concerning Steel Nails from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of steel nails 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 Nails from China, Inv. No. 731-TA-1114 (Second Review), USITC Publication 4920, July 2019) will contain the views of the Commission and information developed during the review.
The report will be available by August 2, 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) review concerning Steel Nails from China was instituted on January 2, 2019.
On April 12, 2019, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, Meredith M. Broadbent, 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 Raw Flexible Magnets from China and Taiwan
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of raw flexible magnets from China and Taiwan and the existing countervailing duty order on imports of this product 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 antidumping duty orders on imports of this product from China and Taiwan and the existing countervailing 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 these five-year (sunset) reviews.
The Commission’s public report Raw Flexible Magnets from China and Taiwan (Inv. Nos. 701-TA-452 and 731-TA-1129-1130 (Second Review), USITC Publication 4921, July 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by August 2, 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 Raw Flexible Magnets from China and Taiwan were instituted on January 2, 2019.
On April 12, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, Meredith M. Broadbent, and Jason E. Kearns concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
USITC Votes to Continue Investigations of Quartz Surface Products from India 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 or threatened with material injury by reason of imports of quartz surface products from India and Turkey that are allegedly 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 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 India and Turkey, with its preliminary countervailing duty determinations due on or about August 1, 2019, and its preliminary antidumping duty determinations due on or about October 15, 2019.
The Commission’s public report Quartz Surface Products from India and Turkey (Inv. Nos. 701-TA-624-625 and 731-TA-1450-1451 (Preliminary), USITC Publication 4919, July 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available after July 22, 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
Quartz Surface Products from India and Turkey
Investigation Nos. 701-TA-624-625 and 731-TA-1450-1451 (Preliminary)
Product Description: Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite), resin binder (e.g., an unsaturated polyester), and other materials, including, but not limited to, pigments, cement, or other additives. In addition to slabs, the scope of these investigations includes, but is not limited to, other surfaces such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fire place surrounds, mantels, and tiles. Quartz surface products are covered by these investigations whether or not polished, cut, fabricated, cured, edged, finished, thermalformed, packaged, and regardless of the type of surface finish.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Cambria Company LLC, Le Seuer, MN.
3. USITC Institution Date: Wednesday, May 8, 2019.
4. USITC Conference Date: Wednesday, May 29, 2019.
5. USITC Vote Date: Monday, June 24, 2019.
6. USITC Notification to Commerce Date: Monday, June 24, 2019.
U.S. Industry in 2018:
1. Number of U.S. producers: 6.[1]
2. Location of producers’ plants: Florida, Georgia, Minnesota, and Tennessee.1
3. Production and related workers: [2]
4. U.S. producers’ U.S. shipments: 2
5. Apparent U.S. consumption: 2
6. Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2018:
1. Subject imports: 2
2. Nonsubject imports: 2
3. Leading import sources: China, Spain, Israel, India, and Canada.
[1] The information pertains only to quartz slab producers.
[2] Withheld to avoid disclosure of business proprietary information.
USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Systems, and Components Thereof (II)
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (II). The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint, as amended, filed by Lighting Science Group Corporation and Healthe, Inc., of Cocoa Beach, FL, and Global Value Lighting, LLC, of West Warwick, RI, on April 30, 2019. This is one of two investigations that the USITC is instituting based on the amended complaint. As it pertains to this investigation, the amended 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, systems, and components thereof that infringe certain patents asserted by the complainants and by reason of false advertising. 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:
Signify N.V. (f/k/a Philips Lighting N.V.) of Eindhoven, Netherlands;
Signify North America Corporation (f/k/a Philips Lighting North America Corporation) of Somerset, NJ;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Acuity Brands, Inc., of Atlanta, GA;
Acuity Brands Lighting, Inc., of Conyers, GA;
Leedarson Lighting Co., Ltd., of Xiamen, China; and
Leedarson America, Inc., of Smyrna, GA.
By instituting this investigation (337-TA-1164), 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.