USITC
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Steel Concrete Reinforcing Bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of steel concrete reinforcing bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine 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 Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine will remain in place.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative with respect to all countries. Commissioner Meredith M. Broadbent voted in the affirmative with respect to Belarus, China, Moldova, and Ukraine and in the negative with respect to Indonesia, Latvia, and Poland.
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 Steel Concrete Reinforcing Bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine (Inv. Nos. 731-TA-873-875, 878-800, and 882 (Third Review), USITC Publication 4838, November 2018) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 6, 2018; 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 Steel Concrete Reinforcing Bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine were instituted on June 1, 2018.
On September 4, 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 respondent group responses were inadequate and voted for expedited reviews. Commissioners David S. Johanson and Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
A record of the Commission’s vote to conduct 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 Makes Determination in Five-Year (Sunset) Review Concerning Xanthan Gum from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of xanthan gum 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 Xanthan Gum from China (Inv. No. 731-TA-1203 (Review), USITC Publication 4839, November 2018) will contain the views of the Commission and information developed during the review.
The report will be available by December 6, 2018; 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 Xanthan Gum from China was instituted on June 1, 2018.
On September 4, 2018, the Commission voted to conduct an expedited review. Commissioners David S. Johanson, Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic group response was adequate and 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 Votes to Continue Investigations of Strontium Chromate from Austria and France
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 strontium chromate from Austria and France that are allegedly 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 duty investigations concerning imports of this product from Austria and France, with its preliminary antidumping duty determinations due on or about February 12, 2019.
The Commission’s public report Strontium Chromate from Austria and France (Inv. Nos. 731-TA-1422-1423 (Preliminary), USITC Publication 4836, October 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available after November 19, 2018; 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
Strontium Chromate from Austria and France
Investigation Nos. 731-TA-1422-1423 (Preliminary)
Product Description: Strontium chromate is a yellow granular powder with the chemical formula SrCrO4. The powder can be blended in a variety of solutions to form a paste. Strontium chromate includes both powder and blends that contain 15 percent or more of strontium chromate by total formula weight. Strontium chromate is primarily used in paints and coatings as a corrosion inhibitor for commercial and military aircraft and ground vehicles, metal coils, and other durable goods.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty investigations.
2. Petitioner: WPC Technologies, Oak Creek, WI.
3. USITC Institution Date: Wednesday, September 5, 2018.
4. USITC Conference Date: Wednesday, September 26, 2018.
5. USITC Vote Date: Friday, October 19, 2018.
6. USITC Notification to Commerce Date: Monday, October 22, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 1.
2. Location of producer’s plants: 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 2017:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Austria and France.
[1] Withheld to avoid disclosure of business proprietary information.
Polyethylene Terephthalate (PET) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan Does Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of polyethylene terephthalate (PET) resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan 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 negative.
As a result of the USITC’s negative determinations, no antidumping duty orders will be issued on imports of this product from Brazil, Indonesia, Korea, Pakistan, and Taiwan.
The Commission’s public report Polyethylene Terephthalate (PET) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan (Inv. Nos. 731-TA-1387-1391 (Final), USITC Publication 4835, October 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by November 21, 2018; 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
Polyethylene Terephthalate (PET) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan
Investigation Nos. 731-TA-1387-1391 (Final)
Product Description: PET resin is a large‐volume, commodity‐grade thermoplastic polyester polymer that is primarily sold in bulk form as chips or pellets to downstream end users/converters. Converters use PET resin to manufacture bottles and other sterile containers that house liquid and solid products for human consumption or contact. Articles manufactured with PET resin are clear, transparent, sterile, lightweight, and thermally stable. The PET resin covered in these investigations has an intrinsic viscosity of at least 0.70, but not more than 0.88, deciliters per gram. Included are blends of virgin PET resin and recycled PET resin containing 50 percent or more virgin PET resin content by weight, provided such blends meet the intrinsic viscosity requirements above. The products covered include all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. Major end‐use applications for bottle grade PET resin include carbonated soft drink bottles, water bottles, and other containers such as for juices, peanut butter, jams and jellies, salad dressings, cooking oils, household cleaners, and cosmetics.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty investigations.
2. Petitioners: DAK Americas, LLC, Charlotte, NC; M&G Polymers USA, LLC, Houston, TX; Indorama Ventures USA, Inc., Decatur, AL; and Nan Ya Plastics Corporation, America, Lake City, SC.
3. USITC Institution Date: Tuesday, September 26, 2017.
4. USITC Hearing Date: Thursday, September 13, 2018.
5. USITC Vote Date: Thursday, October 18, 2018.
6. USITC Notification to Commerce Date: Wednesday, October 31, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 4.
2. Location of producers’ plants: Alabama, Mississippi, North Carolina, South Carolina, and West Virginia.
3. Production and related workers: 931.
4. U.S. producers’ U.S. shipments: $3.1 billion.
5. Apparent U.S. consumption: $3.8 billion.
6. Ratio of subject imports to apparent U.S. consumption: 12 percent.
U.S. Shipments of Imports in 2017:
1. U.S. shipments of subject imports: $437.9 million.
2. U.S. shipments of nonsubject imports: $270.3 million.
3. Leading import sources: Mexico, Taiwan, and Brazil.
Nannette M. Christ Named Director, Office of Investigations, at U.S. International Trade Commission
David S. Johanson, Chairman of the United States International Trade Commission (USITC), has announced that Nannette M. Christ has been designated Director, Office of Investigations, at the USITC.
Christ will direct the planning and conduct of the USITC’s import injury investigations under the antidumping and countervailing duty provisions of the Tariff Act of 1930, the global safeguard provisions of the Trade Act of 1974, and other import injury statutes.
Christ has served as Chief of the Applied Economics Division in the USITC’s Office of Economics since 2010. In that role, she directed the development of expert economic input and analysis for the Commission’s antidumping/countervailing duty, global safeguard, and other trade remedy investigations.
Christ was Acting Director of the Office of Economics for multiple periods during 2012-2014. From 2001-2010, she was an International Trade Economist in the Office of Economics’ Country Regional Analysis Division, where she led numerous multidisciplinary teams of economists, industry analysts, attorneys, and administrative staff as a project leader on complex, high-profile Commission studies.
Christ was awarded the Commissioners’ Award for Exceptional Service, the highest honor that can be conferred on a USITC employee, in 2007.
Prior to coming to the USITC, Christ was a business analyst with Mercer Management Consulting in Washington, DC, and a paralegal supervisor with the U.S. Department of Justice Antitrust Division’s Civil Task Force.
Christ holds a master of arts degree in international economics and African studies from Johns Hopkins University and a bachelor of arts degree in social studies from Harvard/Radcliffe College.
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.
USITC Institutes Section 337 Investigation of Certain LTE- and 3G-Compliant Cellular Communications Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LTE- and 3G-compliant cellular communications 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 INVT SPE LLC of San Francisco, CA, on September 14, 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 LTE- and 3G-compliant cellular communications devices 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:
Apple Inc. of Cupertino, CA;
HTC Corporation of Taiwan;
HTC America, Inc. of Seattle, WA;
ZTE Corporation of Nanshan District, Guangdong Province, China; and
ZTE (USA) Inc. of Richardson, TX.
By instituting this investigation (337-TA-1138), 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.
Sodium Gluconate, Gluconic Acid, and Dervative 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 sodium gluconate, gluconic acid, and derivative 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’s public report Sodium Gluconate, Gluconic Acid, and Derivative Products from China (Inv. Nos. 701-TA-590 and 731-TA-1397 (Final), USITC Publication 4834, October 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by November 9, 2018; 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
Sodium Gluconate, Gluconic Acid, and Derivative Products from China
Investigation Nos. 701-TA-590 and 731-TA-1397 (Final)
Product Description: Sodium gluconate ("GNA"), gluconic acid ("GA"), and derivative products are primarily produced from corn-based liquid glucose. The products covered in these investigations include GA, GNA, glucono-delta-lactone ("GDL"), liquid gluconate ("LG"), and blends containing 35 percent or more of GNA, GA, LG, and/or GDL by dry weight. GNA and GDL are sold as white powders while GA and LG are sold in liquid form. GNA products have uses in a multitude of industries including concrete and admixtures, food industry, personal care and household products, and in agriculture.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: PMP Fermentation Products, Inc., Peoria, Illinois.
3. USITC Institution Date: Thursday, November 30, 2017.
4. USITC Hearing Date: Tuesday, September 18, 2018.
5. USITC Vote Date: Tuesday, October 16, 2018.
6. USITC Notification to Commerce Date: Tuesday, October 30, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 1.
2. Location of producers’ plants: Illinois.
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: China, France, Italy.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Institutes Investigation to Assess a Trade Agreement with Mexico and Canada
The U.S. International Trade Commission (USITC) has instituted an investigation to assess the likely impact of a trade agreement that the President has announced he intends to enter into with Mexico and Canada.
The investigation, United States-Mexico-Canada Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors, was requested by the U.S. Trade Representative in a letter received on August 31, 2018.
The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 requires the USITC to prepare a report that assesses the likely impact of the Agreement on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers. The USITC’s report, which will be public, is due to the President and the Congress no more than 105 days after the President signs the Agreement, which he can do 90 days after he notifies Congress of his intent to do so. The President notified Congress on August 31, 2018, of his intent to enter into the Agreement.
The USITC will hold a public hearing in connection with the investigation beginning at 9:30 a.m. on November 15, 2018. Requests to appear at the hearing should be filed no later than 5:15 p.m. on October 29, 2018, 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 December 20, 2018. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of the investigation and the procedures for written submissions is available in the USITC’s notice of investigation, dated October 12, 2018, which can be obtained from the USITC web site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or 202-205-2000.
USITC Institutes Section 337 Investigation of Certain Semiconductor Lithography Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor lithography 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 ASML Netherlands B.V. of the Netherlands and ASML US, L.P., and ASML US, LLC, both of Chandler, AZ, on September 12, 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 semiconductor lithography systems 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:
Nikon Corporation of Tokyo, Japan;
Nikon Precision Inc. of Belmont, CA; and
Nikon Research Corporation of America of Belmont, CA.
By instituting this investigation (337-TA-1137), 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 Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain obstructive sleep apnea treatment mask 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 Fisher & Paykel Healthcare Limited of Panmure, Auckland, New Zealand, on September 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 obstructive sleep apnea treatment mask 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:
ResMed Corp. of San Diego, CA;
ResMed Inc. of San Diego, CA; and
ResMed Limited of Bella Vista NSW, Australia.
By instituting this investigation (337-TA-1136), 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.