An official website of the United States government. 
News Release 19-006
Inv. No(s). 337-TA-1144
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dental and orthodontic scanners and software. 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 Align Technology, Inc., of San Jose, CA, on December 10, 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 dental and orthodontic scanners and software that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
3Shape A/S of Copenhagen, Denmark;
3 Shape, Inc., of Warren, NJ; and
3Shape Trios A/S of Copenhagen, Denmark.
By instituting this investigation (337-TA-1144), 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 19-005
Inv. No(s). 701-TA-592 and 731-TA-1400 (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 plastic decorative ribbon 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’s public report Plastic Decorative Ribbon from China (Inv. Nos. 701-TA-592 and 731-TA-1400 (Final), USITC Publication 4875, March 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by April 8, 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
Plastic Decorative Ribbon from China
Investigation Nos. 701-TA-592 and 731-TA-1400 (Final)
Product Description: Plastic decorative ribbons are long strips of material primarily used in gift wrap. The subject merchandise has a width of less than or equal to 4 inches (measured at the narrowest span of the ribbon), and include ribbon wound onto itself; a spool, a core or a tube (with or without flanges); attached to a card or strip; wound into a keg- or egg-shaped configuration; made into bows, bow-like items, or other shapes or configurations. The subject merchandise is typically made of polypropylene. The ribbons may be of any color or combination of colors (including ribbons that are transparent, translucent or opaque) and may or may not bear words or images, including those of a holiday motif. Included are ribbons with embellishments and/or treatments, including ribbons that are printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or that otherwise have impressed designs, images, words or patterns), and ribbons with holographic, glitter, metallic, or iridescent finishes.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioner: Berwick Offray LLC, Berwick, PA.
3. USITC Institution Date: Wednesday, December 27, 2017.
4. USITC Hearing Date: Thursday, December 13, 2018.
5. USITC Vote Date: Tuesday, February 26, 2019.
6. USITC Notification to Commerce Date: Monday, March 18, 2019.
U.S. Industry in 2017:
1. Number of U.S. producers: 2.
2. Location of producers’ plants: Pennsylvania, Kansas, and Missouri.
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: $18.4 million.
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 19-004
Inv. No(s). 337-TA-1143
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pickup truck folding bed cover systems 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 Extang Corporation and Laurmark Enterprises Inc. d/b/a BAK Industries, both of Ann Arbor, MI, on December 7, 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 pickup truck folding bed cover systems and components thereof that infringe patents and trademarks asserted by the complainants. The complainants request that the USITC issue a temporary exclusion order and temporary cease and desist orders, and a permanent general exclusion order, or in the alternative a permanent limited exclusion order, and permanent cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Stehlen Automotive of Walnut, CA;
SyneticUSA of Pico Rivera, CA;
Topline Autoparts, Inc., of Hacienda Heights, CA;
Velocity Concepts Inc. of Hacienda Heights, CA;
JL Concepts Inc. of Walnut, CA;
DT Trading Inc. of Alhambra, CA;
Wenzhou Kouvi Hardware Products Co., Ltd., of Wenzh City, Zhejian Province, China;
Syppo Marketing, Inc., of City of Industry, CA;
Apex Auto Parts Mfg. Inc. of City of Industry, CA;
Ningbo Huadian Cross Country Automobile Accessories Co., Ltd., of Ningbo, China; and
Sunwood Industries Co., Ltd., of Jiangsu, China.
By instituting this investigation (337-TA-1143), 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 19-003
Inv. No(s). 701-TA-481 and 731-TA-1190 (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 crystalline silicon photovoltaic cells and modules 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 and countervailing duty orders 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 Crystalline Silicon Photovoltaic Cells and Modules from China (Inv. Nos. 701-TA-481 and 731-TA-1190 (Review), USITC Publication 4874, March 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by March 22, 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 Crystalline Silicon Photovoltaic Cells and Modules from China were instituted on November 1, 2017.
On February 5, 2018, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioner Meredith M. Broadbent concluded that both the domestic group response and the respondent group response were adequate and voted for full reviews. Commissioners Irving A. Williamson and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct 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 19-002
Inv. No(s). 337-TA-1142
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pocket lighters. 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 BIC Corporation of Shelton, CT, on December 6, 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 pocket lighters that infringe registered trademarks asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Arrow Lighter, Inc., d/b/a MK Lighter, Inc., and MK Lighter Company of City of Industry, CA;
Benxi Fenghe Lighter Co., Ltd., of Benxi, Liaoning Province, China;
Excel Wholesale Distributors Inc. of College Point, NY;
Milan Import Export Company, LLC, of San Diego, CA;
Wellpine Company Limited of Hong Kong; and
Zhuoye Lighter Manufacturing Co, Ltd., of Foshan City, Guangdong, China.
By instituting this investigation (337-TA-1142), 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 19-001
Contact: Peg O'Laughlin, 202-205-1819
David S. Johanson, Chairman of the United States International Trade Commission (USITC), has announced that Keith B. Vaughn has been designated Chief Information Officer (CIO) at the USITC.
As CIO, Vaughn will serve as the principal information technology executive for the Commission and will direct and manage all USITC information technology activities.
Vaughn brings extensive experience to the position. He served as the USITC’s Acting CIO from January through September 2018. In that role, he developed and managed the agency’s information technology budget, worked with offices throughout the agency to ensure that their information technology requirements were met, strengthened the agency’s network security, and directed a number of crucial information technology modernization and enhancement efforts.
He joined the USITC in 2011 as its Chief Data Architect. While in that position, he provided guidance and input in the design, maintenance, development, reengineering, and replacement of all USITC data-related systems. Prior to his government service, Vaughn was a senior government contractor with several private sector firms, including The Ambit Group, SI International, and Zen Technology, Inc.
The USITC is an independent, nonpartisan, factfinding federal agency. The agency investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; provides independent analysis and information on tariffs, trade, and competitiveness to the President and the Congress; and maintains the U.S. Harmonized Tariff Schedule.
News Release 18-148
Inv. No(s). 337-TA-1141
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cartridges for electronic nicotine delivery systems 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 Juul Labs, Inc., of San Francisco, CA, on November 20, 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 cartridges for electronic nicotine delivery systems 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:
Drip-Tip Vapes LLC of Plantation, FL;
The Electric Tobacconist, LLC, of Boulder, CO;
Fuma Vapor, Inc., of Des Plaines, IL;
Lan & Mike International Trading, Inc., of Torrance, CA;
Lizard Juice, LLC, of Largo, FL;
Maduro Distributors, Inc., of Maplewood, MN;
MistHub, LLC, of Buffalo Grove, IL;
ParallelDirect, LLC, of Lincolnshire, IL;
Saddam Aburoumi of Manchester, CT;
Sarvasva LLC d/b/a One Stop Food Mart of Maple Shade, NJ;
Shenzhen Haka Flavor Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OCIGA Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OVNS Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yibo Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Twist Vapor Franchising, LLC, of Tampa, FL;
United Wholesale LLC of Glastonbury, CT;
Vape4U LLC of Montclair, CA;
Vaperz LLC of Frankfort, IL;
Vaportronix, LLC, of Aventura, FL;
Vapor 4 Life Holdings, Inc., of Northbrook, IL;
The ZFO of Spencerport, NY;
Ziip Lab Co., Ltd., of Shenzhen City, Guangdong Province, China; and
Ziip Lab S.A. of Punta del Este – Maldonado, Uruguay.
By instituting this investigation (337-TA-1141), 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 18-147
Inv. No(s). 701-TA-598 and 731-TA-1408
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 China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission also made negative findings concerning critical circumstances with regard to imports of this product from China. As a result, imports of rubber bands from China will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Rubber Bands from China (Inv. Nos. 701-TA-598 and 731-TA-1408 (Final), USITC Publication 4863, December 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 17, 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 China
Investigation Nos. 701-TA-598 and 731-TA-1408 (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 them 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 and countervailing duty investigations.
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: Friday, December 14, 2018.
6. USITC Notification to Commerce Date: Thursday, December 27, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 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 18-146
Inv. No(s). 337-TA-1140
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multi-stage fuel vapor canister systems and activated carbon 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 Ingevity Corp. and Ingevity South Carolina, LLC, both of North Charleston, SC, on November 8, 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 multi-stage fuel vapor canister systems and activated carbon components thereof that infringe a patent 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:
MAHLE Filter Systems North America, Inc., of Murfreesboro, TN;
MAHLE Filter Systems Japan Corp. of Saitama, Japan;
MAHLE Sistemas de Filtracion de Mexico S.A. de C.V. of Monterrey, Nuevo Leon, Mexico;
MAHLE Filter Systems Canada, ULC, of Tilbury, ON, Canada;
Kuraray Co., Ltd., of Tokyo, Japan;
Kuraray America, Inc., of Houston, TX; and
Nagamine Manufacturing Co., Ltd., of Nakatado-Gun, Kagawa-pref., Japan.
By instituting this investigation (337-TA-1140), 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 18-144
Inv. No(s). TA-131-045 and TPA-105-006
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation into the probable economic effect of providing duty-free treatment for currently dutiable imports from the United Kingdom (UK).
The investigation, U.S.-UK Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports, was requested by the USTR in a letter received on November 9, 2018.
As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of currently dutiable products from the UK on industries in the United States producing like or directly competitive products and on consumers. In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States (HTSUS) for which U.S. tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the HTSUS in effect during 2018 and trade data for the year 2017.
In addition, as requested, the USITC will prepare an assessment of the probable economic effects of eliminating tariffs on imports from the UK of certain agricultural products on U.S. industries producing the products concerned and on the U.S. economy as a whole. A list of the agriculture products is attached to the USTR’s request letter.
The USITC expects to submit its report, which will be confidential, to the USTR by May 8, 2019.
The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.
The USITC will hold a public hearing in connection with the investigation on January 31, 2019. Requests to appear at the hearing should be filed no later than 5:15 p.m. on January 10, 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 February 11, 2019. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated December 7, 2018, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or at 202-205-2000.