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.

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.

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.

Shifts in U.S. Merchandise Trade 2017 (2017 Trade Shifts) is now available on the U.S. International Trade Commission (USITC) Internet site.

The USITC, an independent, nonpartisan, factfinding federal agency, produces its web-based comprehensive review of U.S. trade performance annually.

2017 Trade Shifts includes interactive features, such as graphics that allow users to view and refine, as they choose, the official government data presented.  The report:

• identifies changes in U.S. exports and imports of agricultural and manufactured goods, as well as key natural resources, providing industry and market profiles and trade data for 10 sectors;


• analyzes changes in U.S. bilateral trade with Canada, China, Mexico, South Korea, and the United Kingdom; and


• concludes with a special topic section, "Intermediate Goods Imports in Key U.S. Manufacturing Sectors," which examines the impact that intermediate goods have had on U.S. sectoral trade flows.

Highlights from the report include:

• U.S. total exports increased by $95.7 billion (6.6 percent) from 2016 levels to $1,546.7 billion in 2017. The primary reasons for the increase were rising crude petroleum prices and depreciation of the U.S. dollar relative to all of its trading partners. Exports increased in all 10 industry sectors discussed in this report.


• U.S. general imports increased by $155 billion (7.1 percent) from 2016 levels to $2,342.9 billion in 2017.  As with U.S. exports, energy-related products experienced the largest increase by value, with imports of these products rising by $40.3 billion (25.5 percent) to $198 billion. Imports from all remaining sectors rose, with the greatest increases by value occurring in electronic products (by $34.3 billion, 7.6 percent); minerals and metals (by $17.2 billion, 9.4 percent), machinery (by $16.9 billion, 9.4 percent); and transportation equipment (by $16.6 billion, 4 percent).


• One of the major factors affecting U.S. trade in 2017 was the increase in the price of crude petroleum.  Higher international prices for crude petroleum (Brent spot price) increased the value of U.S. trade in crude petroleum, petroleum products, and petrochemicals. U.S. crude petroleum also traded at a larger average discount compared to the international price per barrel in 2017, spurring greater U.S. export volumes for crude petroleum and downstream products.
  
  Another factor contributing to the increase of exports of U.S. crude was the removal of the U.S. government ban on most exports of U.S. crude to countries other than Canada in December 2015.  Growth in the energy-related products sector affected downstream sectors, such as petrochemicals; exports of products in that sector also increased.

Shifts in U.S. Merchandise Trade 2017 can be accessed at https://usitc.gov/research_and_analysis/trade_shifts_2017/index.htm. 

The U.S. International Trade Commission (USITC) is seeking input for a newly instituted general factfinding investigation regarding the effects on the U.S. economy of duty suspensions and reductions enacted under the American Manufacturing Competitiveness Act (AMCA).

The investigation, American Manufacturing Competitiveness Act: Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy, was triggered by the recent enactment of a miscellaneous tariff bill under the law.

The AMCA requires the USITC, an independent, nonpartisan, factfinding federal agency, to prepare a report concerning the effects on the U.S. economy of duty suspensions and reductions enacted pursuant to the AMCA.  The USITC’s report must be submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance not later than 12 months after the date of enactment of a miscellaneous tariff bill.

Congress completed work on a miscellaneous tariff bill on September 4, 2018, and the President signed the legislation into law on September 13, 2018. 

As required, the USITC will provide a broad assessment of the economic effects of duty suspensions and reductions on U.S. producers, purchasers, and consumers, as well as case studies looking at the effects on individual sectors. The report will also include recommendations solicited from the public with respect to those domestic industry sectors that might benefit from permanent duty suspensions or reductions, with a particular focus on inequities created by tariff inversions. This public report will be delivered to the Committees by September 13, 2019.

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 March 5, 2019.  Requests to appear at the public hearing should be filed no later than 5:15 p.m. on February 19, 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 March 22, 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 on October 2, 2018. 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 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain strength-training 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 Hoist Fitness Systems, Inc., of Poway, CA, on September 4, 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 strength-training 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:

TuffStuff Fitness International, Inc., of Chino, CA; and
Shandong Relax Health Industry Co. Ltd. of Qingdao, Shandong Province, China.

By instituting this investigation (337-TA-1135), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing 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 ResMed Corp. and ResMed Inc., both of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on August 31, 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 sleep-disordered breathing treatment mask 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:

Fisher & Paykel Healthcare Limited of Auckland, New Zealand;
Fisher & Paykel Healthcare, Inc., of Irvine, CA; and
Fisher & Paykel Healthcare Distribution Inc. of Irvine, CA.

By instituting this investigation (337-TA-1134), 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.

The U.S. International Trade Commission (USITC) today released a public version of its confidential report on possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2017 Review (Investigation No. 332-567), was requested by the U.S. Trade Representative (USTR).

The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on September 7, 2018. The public version released today contains only the unclassified sections, with any business confidential information deleted.

As requested, the USITC provided advice regarding the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the addition of the following Harmonized Tariff Schedule (HTS) subheadings to the list of GSP-eligible products for all GSP beneficiary developing countries:

• 0808.30.40 (Pears, fresh, if entered during the period from July 1 through the following March 31, inclusive),


• 0814.00.80 (Peel of citrus fruit, excl. orange or citron and peel, nesi, of melon, fresh, frozen, dried or provisionally preserved),


• 1207.29.00 (Cotton seeds, whether or not broken, other than seed for sowing),


• 1512.11.00 (Sunflower-seed or safflower oil, crude, and their fractions, whether or not refined, not chemically modified),


• 2008.99.05 (Apples, otherwise prepared or preserved, nesi),


• 2918.99.05 (p-Anisic acid; clofibrate and 3-phenoxybenzoic acid),


• 2918.99.43 (Aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, etc deriv described in add US note 3 to sect VI, nesoi),


• 2918.99.47 (Other aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, etc deriv (excluding goods in add US note 3 to sec VI)),


• 4010.33.30 (Transmission V-belts of vulcanized rubber, V-ribbed, circumference exceeding 180 cm but not exceeding 240 cm, combined with textile materials).

The USITC also provided advice regarding the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the removal from eligibility of two HTS subheadings for certain GSP countries: 

• 2009.89.6011 and 2009.89.6019 (Cherry juice - Part of 2009.89.60 "Juice of any other single fruit, nesoi") from Turkey,


• 3920.51.50 (Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polymethyl methacrylate, not flexible) from Indonesia and Thailand.

The USITC also provided advice as to whether any industry in the United States is likely to be adversely affected by competitive need limitation waivers for certain countries and the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers. The USITC also provided 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, used the dollar value limit of $180 million. The HTS subheadings considered are:

• 0410.00.00 (Edible products of animal origin, nesi) from Indonesia,


• 2836.91.00 (Lithium carbonates) from Argentina,


• 3301.13.00 (Essential oils of lemon) from Argentina,


• 6802.99.00 (Monumental or building stone & arts. thereof, nesoi, further worked than simply cut/sawn, nesoi) from Brazil),


• 7202.50.00 (Ferrosilicon chromium) from Kazakhstan.

The USITC also provided advice regarding the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the redesignation for certain countries of the following HTS subheadings:

• 2007.99.48 (Apple, quince and pear pastes and purees, being cooked preparations) from Argentina,


• 2306.30.00 (Oilcake and other solid residues, resulting from the extraction of vegetable fats or oils, of sunflower seeds) from Argentina,


• 2841.90.20 (Ammonium perrhenate) from Kazakhstan,


• 2909.50.40 (Odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols & their halogenated, sulfonated, nitrated, nitrosated derivatives) from Indonesia,


• 4107.11.80 (Full grain unsplit whole bovine (not buffalo) nesoi and equine leather nesoi, w/o hair, prepared after tanning or crusting, fancy, not 4114) from Argentina,


• 6802.93.00 (Monumental or building stone & arts. thereof, of granite, further worked than simply cut/sawn, nesoi) from India.

In addition, the USITC provided advice regarding the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the redesignation of articles for two countries. The USITC also provided 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 subheadings considered are:

• 7202.93.80 (Ferroniobium, nesoi) from Brazil,


• 4412.31.41 including 4412.31.4150 and 4412.31.4160 (Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with face ply nesoi, not surface covered beyond clear/transparent) from Indonesia.

Finally, the USITC provided advice regarding the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the denial of a de minimis competitive need limitation waiver for one article from a GSP beneficiary country. The USITC also provided 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 this article. The HTS subheading considered is:

• 3802.90.10 (Bone black) from Brazil.

Generalized System of Preferences: Possible Modifications, 2017 Review (Investigation No. 332-567, USITC publication 4827, September 2018) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4827.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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain unmanned aerial vehicles 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 Autel Robotics USA LLC of Bothell, WA, on August 30, 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 unmanned aerial vehicles 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:

SZ DJI Technology Co. Ltd. of Shenzhen, China;
DJI Europe B.V. of the Netherlands;
DJI Technology Inc. of Burbank, CA;
iFlight Technology Co. Ltd. of Hong Kong;
DJI Baiwang Technology Co. Ltd. of Shenzhen, China;
DJI Research LLC of Palo Alto, CA;
DJI Service LLC of Cerritos, CA; and
DJI Creative Studio LLC of Burbank, CA.

By instituting this investigation (337-TA-1133), 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.

The United States International Trade Commission (USITC) today deployed a major upgrade to its Electronic Document Information System (EDIS), the online document management tool and repository through which documents in all official USITC investigations must be filed.

EDIS 3.10 provides new features for users to make the system easier to navigate and more user-friendly.  The system has been significantly re-engineered to make it more agile and to lay the groundwork for future improvements (including e-filing).

Information about and highlights of the upgraded EDIS system are described below.  Users are encouraged to go into EDIS and discover its improvements for themselves at https://edis.usitc.gov.

TRANSITION BASICS:

• User names and passwords will transfer automatically to EDIS 3.10.


• Existing RSS feeds will NOT transfer automatically to EDIS 3.10 – users will have to re-create them in the new system.


• All existing calls to the Web Service API will continue to work using the existing URL structure.


• Accounts that have been inactive for six months will transfer automatically to EDIS 3.10, but they will remain inactive – users will have to contact the EDIS Help Desk for information/assistance (email: EDIS3HELP@usitc.gov or phone: 202-205-EDIS (3347)).

NEW FEATURES:

• Filtered Searching Capabilities – Users will be able to search within initial search results.


• Saved Searches – Users will be able save searches in the EDIS 3.10 platform.


• Guided Submission Process – EDIS administrators have developed a “filing wizard” that will walk users through the submission process.  The USITC expects this to enhance consistency among filings and eliminate common filing errors.


• Automatic Lock-Out Clearance – In a previous upgrade, the USITC gave users the ability to change their passwords on a self-serve basis, 24/7.  In this upgrade, the USITC is adding an automatic lock-out clearance feature.  Users who are locked out after three failed log-in attempts will now be able to get back into the system after just 15 minutes.

TRAINING:

• The USITC has created two training webinar options to help users learn to navigate EDIS 3.10:
  • Option 1 – EDIS Pro, for seasoned EDIS users who need only an overview of the new features.
  
  
  • Option 2 – EDIS Basic, a series of focused webinars for new users, those who need a refresher on specific EDIS processes, and those who want a more in-depth EDIS training experience.
  
  
   
• Both Options will be available 24/7 so users can learn when it suits their schedules and needs.


• The Training Webinars can be found on the EDIS Support Page, here:  https://www.usitc.gov/press_room/edissupport.htm.

QUESTIONS?

• Contact EDIS3HELP@usitc.gov with any questions about the EDIS 3.10 launch.

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