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USITC

June 20, 2019

News Release 19-054

Inv. No(s). 337-TA-1163

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

USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Systems, and Components Thereof (I)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (I).  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.  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:

Nichia Corporation of Tokushima, Japan;
Nichia America Corporation of Wixom, MI;
Cree, Inc., of Durham, NC;
Cree Hong Kong, Limited, of Hong Kong;
Cree Huizhou Solid State Lighting Co. Ltd. of Guangdong, China;
OSRAM GmbH of Munich, Germany;
OSRAM Licht AG of Munich, Germany;
OSRAM Opto Semiconductors GmbH of Regensburg, Germany;
OSRAM Opto Semiconductors, Inc., of Sunnyvale, CA;
Lumileds Holding B.V. of Schipol, Netherlands;
Lumileds, LLC, of San Jose, CA;
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;
MLS Co., Ltd. of Zhongshan City, China;
LEDVANCE GmbH of Garching, Germany;
LEDVANCE LLC of Wilmington, MA;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Current Lighting Solutions, LLC of Cleveland, Ohio;
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-1163), 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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June 19, 2019

News Release 19-053

Inv. No(s). 337-TA-1162

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

USITC Institutes Section 337 Investigation of Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain touch-controlled mobile devices, computers, 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 Neodron Ltd. of Dublin, Ireland, on May 22, 2019.  An amended complaint was filed on May 23, 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 touch-controlled mobile devices, computers, and 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:

Amazon,com, Inc., of Seattle, WA;
Dell Technologies Inc. of Round Rock, TX;
HP Inc. of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Microsoft Corporation of Redmond, WA;
Motorola Mobility LLC of Chicago, IL;
Samsung Electronics Co., Ltd., of Suwon, South Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1162), 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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June 14, 2019

News Release 19-052

Inv. No(s). 332-571

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

USITC to Study U.S. Trade and Investment in Sub-Saharan Africa

The U.S. International Trade Commission (USITC) has launched an investigation to examine U.S. trade in goods and services and investment in Sub-Saharan Africa (SSA).

The investigation, U.S. Trade and Investment with Sub-Saharan Africa: Recent Trends and New Developments, was requested by the United States Trade Representative (USTR) in a letter received on Monday, May 6, 2019.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will:

  • provide an overview of U.S. exports of goods and services and foreign direct investment to SSA, identifying the sectors and countries in which U.S. exports have increased the most from 2016-2018, the major factors behind this growth, and how U.S. products and services integrate into SSA value chains;

  • provide an overview of U.S. imports of goods and services, identifying the sectors and countries in which U.S. imports have increased the most from 2016-2018, and the major factors behind this growth;

  • describe the intellectual property environment in key SSA markets including national and regional laws, enforcement measures, and infringement issues as well as the effects of this environment on trade and investment in these markets;

  • provide an overview of technological innovation in food and agricultural production in key SSA markets, regulatory policies and market conditions that affect the adoption of these innovations, and how the adoption of such innovations has affected overall production and export performance;

  • provide an overview of recent developments in the digital economy for key SSA markets including the role of U.S. products and services in those markets, regulatory policies and market conditions that affect the adoption of digital technologies, and how the adoption of these technologies affects other industry sectors such as manufacturing and other services;

  • provide a summary of recent developments of regional integration efforts in SSA including progress on the negotiation and implementation of the African Continental Free Trade Area;

  • summarize the AGOA utilization strategies that have been developed by SSA countries; and

  • provide a summary of the most recent 2019 data on U.S. trade flows of goods with SSA.

The USITC expects to deliver the report to USTR by March 31, 2020.

The USITC will hold a public hearing in connection with the investigation on July 24, 2019. Requests to appear at the hearing should be filed no later than 5:15 p.m. on July 12, 2019, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on August 16, 2019. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the USITC’s notice of investigation, dated June 14, 2019, which can be obtained from the USITC internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of USTR, 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 requestor. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

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June 13, 2019

News Release 19-051

Inv. No(s). 731-TA-990 (Third Review)

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

USITC Makes Determination in Five-Year (Sunset) Review Concerning Non-Malleable Cast Iron Pipe Fittings from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of non-malleable cast iron pipe fittings 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 Non-Malleable Cast Iron Pipe Fittings from China (Inv. No. 731-TA-990 (Third Review), USITC Publication 4915, August 2019) will contain the views of the Commission and information developed during the review.

The report will be available by September 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 Non-Malleable Cast Iron Pipe Fittings from China was instituted on January 2, 2019.

On April 12, 2019, the Commission voted to conduct an expedited review. Commissioners Irving A. Williamson, 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.  Chairman David S. Johanson concluded that both the domestic and responded group responses were adequate and voted for a full review.  Commissioner Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group responses was inadequate, but that circumstances warranted a full 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.

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June 13, 2019

News Release 19-050

Inv. No(s). 701-TA-623 and 731-TA-1449 (Preliminary)

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

USITC Votes to Continue Investigations of Vertical Metal File Cabinets from China

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of vertical metal file cabinets from China 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 China, with its preliminary countervailing duty determination due on or about July 24, 2019, and its preliminary antidumping duty determination due on or about October 2, 2019.

The Commission’s public report Vertical Metal File Cabinets from China (Inv. Nos. 701-TA-623 and 731-TA-1449 (Preliminary), USITC Publication 4914, June 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available after July 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

Vertical Metal File Cabinets from China
Investigation Nos. 701-TA-623 and 731-TA-1449 (Preliminary)

Product Description:  Vertical metal file cabinets (VMFCs) are freestanding units of carbon and/or alloy steel and/or other metals, being 25 inches or less in width, and containing at least two extendable file drawers that are tall enough to store hanging files for either letter- or legal-sized sized documents. Surfaces of VMFCs can be painted, galvanized, or coated for corrosion protection or aesthetic appearance. Additional features can include: (1) one or more extendable non-file-sized (e.g., box or pencil) drawers; (2) a non-extendable (e.g., a cubby) storage area; or (3) mobility elements (e.g., casters, wheels, or a dolly). The subject merchandise can be imported either fully assembled or unassembled as a ready-to-assemble kit. Excluded from the scope of these investigations are: (1) lateral metal file cabinets, with a width exceeding 25 inches that is greater than the body depth; (2) pedestal file cabinets, with body depths that are greater than or equal to their width, are less than 21 inches tall, and are designed to be either freestanding or attached to or hung beneath a desktop or other work surface; and (3) fire-proof or fire-resistant file cabinets.

Status of Proceedings:

1.   Type of investigations:  Preliminary phase countervailing duty and antidumping investigations.
2.   Petitioners:  Hirsh Industries LLC, Des Moines, IA.
3.   USITC Institution Date:  Tuesday, April 30, 2019.
4.   USITC Conference Date:  Tuesday, May 21, 2019.
5.   USITC Vote Date:  Thursday, June 13, 2019.
6.   USITC Notification to Commerce Date:  Friday, June 14, 2019.

U.S. Industry in 2018:

1.   Number of U.S. producers:  5.
2.   Location of producers’ plants:  Delaware, Georgia, Illinois, Tennessee, 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 sources:  China and Mexico.


[1] Withheld to avoid disclosure of business proprietary information.

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June 12, 2019

News Release 19-049

Inv. No(s). 337-TA-1161

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

USITC Institutes Section 337 Investigation of Certain Food Processing Equipment and Packaging Materials Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food processing equipment and packaging materials thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a second amended complaint filed by 3-A Sanitary Standards, Inc., of McLean, VA, on June 3, 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 food processing equipment and packaging materials thereof by reason of false advertising and unfair competition under Section 43(a) of the Lanham Act.  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:

Wenzhou QiMing Stainless Co., Ltd. of Wenzhou, Zhejiang, China;
High MPa Valve Manufacturing Co., Ltd., of Wenzhou, Zhejiang, China;
Wenzhou Sinco Steel Co., Ltd., of Wenzhou, China;
Wenzhou Kasin Valve Pipe Fitting Co., Ltd., of Wenzhou, China; and
Wenzhou Fuchuang Machinery Co., Ltd., Wenzhou, Zhejiang, China.

By instituting this investigation (337-TA-1161), 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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June 11, 2019

News Release 19-048

Inv. No(s). 701-TA-606 and 731-TA-1416 (Final)

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

Quartz Surface Products 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 quartz surface products 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 a negative finding concerning critical circumstances with regard to imports of these products from China.  As a result, imports of quartz surface products from China will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Quartz Surface Products from China (Inv. Nos. 701-TA-606 and 731-TA-1416 (Final), USITC Publication 4913, June 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available by July 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

Quartz Surface Products from China
Investigation Nos. 701-TA-606 and 731-TA-1416 (Final)

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:  Final phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  Cambria Company LLC, Eden Prairie, MN.
3.   USITC Institution Date:  Tuesday, April 17, 2018.
4.   USITC Hearing Date:  Thursday, May 9, 2019.
5.   USITC Vote Date:  Tuesday, June 11, 2019.
6.   USITC Notification to Commerce Date:  Monday, July 8, 2019.

U.S. Industry in 2017:

1.   Number of U.S. producers:  3.[1]
2.   Location of producers’ plants:  Minnesota, Georgia, Florida, 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 2017:

1.   Subject imports:  $547.6 million.
2.   Nonsubject imports:  $553.1 million.
3.   Leading import sources:  China, Spain, Israel, and Canada.

 

 

[1] The information pertains only to quartz slab producers.  The domestic industry also includes a large number of fabricators of varying sizes.

[2] Withheld to avoid disclosure of business proprietary information.

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June 7, 2019

News Release 19-046

Inv. No(s). 332-572

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

USITC Begins Investigation Concerning Possible Modifications To The U.S. Generalized System of Preferences For Removals, Competitive Need Limitation Waivers, and Redesignations

The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2018 Review, was requested by the U.S. Trade Representative (USTR) in a letter received on June 4, 2019.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the removal from eligibility of two HTS subheadings for certain GSP countries.

The removals in consideration are:

  • 3907.61.00 (Polyethylene terephthalate, having a viscosity number of 78 ml/g or higher) from Pakistan,
  • 3907.69.00 (Polyethylene terephthalate, having a viscosity number less than 78 ml/g) from Pakistan.

The USTR also requested that the USITC provide advice on whether any industry in the United States is likely to be adversely affected by competitive need limitation waivers for two HTS subheadings for certain GSP countries and advice as to the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers. The USITC will also provide advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. "Competitive need limitations" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP.  Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted.  With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the USITC, as requested, will use the dollar value limit of $185 million. The HTS subheadings in consideration are:

  • 3823.11.00 (Stearic acid) from Indonesia,
  • 9001.50.00 (Spectacle lenses of materials other than glass, unmounted) from Thailand.

Finally, the USTR requested that the USITC provide advice as to the probable economic effect on U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the redesignation of four HTS subheadings for certain GSP countries. The USITC will also provide advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. The HTS subheading in consideration is:

  • 0603.13.00 (Orchids, fresh cut) from Thailand,
  • 4412.10.05 (Plywood, veneered panels and similar laminated wood, of bamboo) from Indonesia,
  • 4412.31.4155 (Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with face ply nesoi, not surface covered beyond clear/transparent) from Indonesia.
  • 4418.73.40 (Assembled flooring panels of bamboo, other than for mosaic, multilayer,  having a face ply more than 6mm in thickness) from Indonesia.

The USITC will submit its confidential report to USTR by September 7, 2019. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for this 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 hold a public hearing in connection with the investigation at 9:30 a.m. on July 2, 2019. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on June 18, 2019, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on July 8, 2019.  All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated June 7, 2019. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

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 fact finding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General fact finding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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June 6, 2019

News Release 19-046

Inv. No(s). 701-TA-622 and 731-TA-1448 (Preliminary)

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

USITC Votes to Continue Investigations of Dried Tart Cherries from 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 dried tart cherries from 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 Turkey, with its preliminary countervailing duty determination due on or about July 17, 2019, and its preliminary antidumping duty determination due on or about September 30, 2019.

The Commission’s public report Dried Tart Cherries from Turkey (Inv. Nos. 701-TA-622 and 731-TA-1448 (Preliminary), USITC Publication 4902, June 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 14, 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

Dried Tart Cherries from Turkey
Investigation Nos.: 701-TA-622 and 731-TA-1448 (Preliminary)

Product Description:  Dried tart cherries are a type of processed tart cherry that is consumed directly or used in nut or dried fruit mixtures, cereals, baked goods, and other processed foods. Dried tart cherries have a tender, chewy texture, and the full flavor profile comes from the high acidity of the fresh tart cherry. Before they are dried, tart cherries are usually pitted, and can be infused with a sweetener or flavoring juice. They can be sold whole or diced, chopped, or further reduced in size.

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty and countervailing duty investigations.
2.   Petitioner:  Dried Tart Cherry Trade Committee.
3.   USITC Institution Date:  Tuesday, April 23, 2019.
4.   USITC Conference Date:  Tuesday, May 14, 2019.
5.   USITC Vote Date:  Thursday, June 6, 2019.
6.   USITC Notification to Commerce Date:  Friday, June 7, 2019.

U.S. Industry in 2018:

1.   Number of U.S. producers:  5.
2.   Location of producers’ plants:  Michigan and Utah.
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:  Turkey, Serbia, Uzbekistan, China


[1] Withheld to avoid disclosure of business proprietary information.

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June 4, 2019

News Release 19-045

Inv. No(s). 337-TA-1160

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

USITC Institutes Section 337 Investigation of Certain Replacement Automotive Service and Collision Parts and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive service and collision parts 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 Hyundai Motor America, Inc., of Fountain Valley, CA, and Hyundai Motor Company of Seoul, Republic of Korea, on May 3, 2019.  The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain replacement automotive service and collision parts and components thereof that infringe registered U.S. trademarks 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:

Direct Technologies International, Inc., d/b/a DTI, Inc., of North Miami Beach, FL;
AJ Auto Spare Parts FZE of Dubai, United Arab Emirates;
John Auto Spare Parts Co. LLC of Sharjah, UAE; and
Cuong Anh Co. Ltd. of Ninh Binh Province, Viet Nam.

By instituting this investigation (337-TA-1160), 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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