March 13, 2018
News Release 18-029
Inv. No(s). 337-TA-1102
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Light Engines and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light engines and components thereof.  The products at issue in the investigation are illumination systems used in the life sciences in optical instruments such as microscopes, analytical instruments, or medical instruments. 

The investigation is based on a complaint filed by Lumencor, Inc., of Beaverton, OR, on February 2, 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 light engines and components thereof 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:

Excelitas Technologies Corp. of Waltham, MA; and
Lumen Dynamics Group, Inc. of Mississauga, Ontario, Canada.

By instituting this investigation (337-TA-1102), 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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March 9, 2018
News Release 18-028
Inv. No(s). 701-TA-597 and 731-TA-1407 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations on Cast Iron Soil Pipe 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 cast iron soil pipe from China that are allegedly subsidized and sold in the United States at less than fair value.  

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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, with its preliminary countervailing duty determinations due on or about April 23, 2018, and its antidumping duty determinations due on or about July 5, 2018.

The Commission’s public report Cast Iron Soil Pipe from China (Inv. Nos. 701-TA-597 and 731-TA-1407 (Preliminary), USITC Publication 4769, March 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available after April 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

Cast Iron Soil Pipe from the China
Investigation Nos. 701-TA-597 and 731-TA-1407 (Preliminary)

Product Description:  The merchandise covered by this proceeding is cast iron soil pipe, whether finished or unfinished, regardless of industry or proprietary specifications, and regardless of wall thickness, length, diameter, surface finish, end finish, or stenciling. The scope of this investigation includes, but is not limited to, both hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe is nonmalleable iron pipe of various designs and sizes. Cast iron soil pipe is generally distinguished from other types of nonmalleable cast iron pipe by the manner in which it is connected to cast iron soil pipe fittings.

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  Cast Iron Soil Pipe Institute, Mundelein, IL.
3.   USITC Institution Date:  Friday, January 26, 2018.
4.   USITC Conference Date:  Friday, February 16, 2018.
5.   USITC Vote Date:  Friday, March 9, 2018.
6.   USITC Scheduled Notification to Commerce Date:  Tuesday, March 13, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  2.
2.   Location of producers’ plants:  California, North Carolina, and Texas.
3.   Production and related workers:  [1]
4.   U.S. producers’ U.S. shipments:  1
5.   Apparent U.S. consumption:  1
6.   Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2017:

1.   Subject imports:  $13.1 million.
2.   Nonsubject imports:  $757,000.
3.   Leading import sources:  China

 

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

 

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March 6, 2018
News Release 18-027
Contact: Peg O'Laughlin, 202-205-1819
Cheney Named New Administrative Law Judge at U.S. International Trade Commission

Rhonda K. Schmidtlein, Chairman of the United States International Trade Commission (USITC), announced today that Judge Clark S. Cheney has joined the USITC as an Administrative Law Judge (ALJ).  Cheney will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency’s investigations involving unfair practices in import trade. These investigations most often involve allegations of patent and trademark infringement.

Prior to joining the USITC, Cheney served as an ALJ with the Federal Energy Regulatory Commission and the Social Security Administration.

Cheney worked in the Office of the General Counsel at the U.S. International Trade Commission for several years prior to becoming an Administrative Law Judge.  While at the USITC, he regularly argued appeals to the U.S. Court of Appeals for the Federal Circuit on behalf of the Commission, including the en banc argument of Suprema Inc. v. ITC.  Cheney also served as an attorney advisor in the Commission’s Office of Administrative Law Judges and was detailed to the Office of the U.S. Trade Representative.  He began his career as a patent examiner and served as a law clerk to Judge William Bryson at the Federal Circuit.  During several years of private practice, he represented domestic and international clients in intellectual property litigation.

Cheney holds a juris doctor degree, cum laude¸ from the Georgetown University Law Center and a bachelor of science degree in electrical engineering from the University of Utah.

The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent, trademark, and copyright infringement.

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March 5, 2018
News Release 18-026
Inv. No(s). 701-TA-593-596 and 731-TA-1401-1406 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations Concerning Large Diameter Welded Pipe from Canada, China, Greece, India, Korea, and Turkey

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of large diameter welded pipe from Canada, China, Greece, India, Korea, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of China, India, Korea, and Turkey.  

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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, with its preliminary countervailing duty determinations due on or about April 16, 2018, and its antidumping duty determinations due on or about June 29, 2018.

The Commission’s public report Large Diameter Welded Pipe from Canada, China, Greece, India, Korea, and Turkey (Inv. Nos. 701-TA-593-596 and 731-TA-1401-1406 (Preliminary), USITC Publication 4768, March 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available after April 2, 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

Large Diameter Welded Pipe from Canada, China, Greece, India, Korea, and Turkey
Investigation Nos. 701-TA-593-596 and 731-TA-1401-1406 (Preliminary)

Product Description:  Large diameter welded pipe covered by these investigations is welded carbon and alloy steel pipe, more than 406.4 mm (16 inches) in nominal diameter (large diameter welded pipe), regardless of wall thickness, length, surface finish, grade, end finish, or stenciling. Large diameter welded pipe may be used to transport oil, gas, steam, slurry, or other liquids. It may also be used for structural purposes, including piling. Specifically not included is large diameter welded pipe produced only to specifications of the American Water Works Association ("AWWA") for water and sewage pipe.

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  American Cast Iron Pipe Company, Birmingham, AL; Berg Steel Pipe Corp., Panama City, FL; Berg Spiral Pipe Corp., Mobile, AL; Dura-Bond Industries, Inc., Export, PA; Skyline Steel, Newington, VA; and Stupp Corp., Baton Rouge, LA.
3.   USITC Institution Date:  Wednesday, January 17, 2018.
4.   USITC Conference Date:  Wednesday, February 7, 2018.
5.   USITC Vote Date:  Monday, March 5, 2018.
6.   USITC Notification to Commerce Date:  Tuesday, March 6, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  12
2.   Location of producers’ plants:  Alabama, Arkansas, Florida, Illinois, Louisiana, Mississippi, Missouri, Oregon, Pennsylvania, Texas, and Washington.
3.   Production and related workers: 2,049.
4.   U.S. producers’ U.S. shipments:  $1.3 billion.
5.   Apparent U.S. consumption:  $2.2 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  33.9 percent (by value).

U.S. Imports in 2017:

1.   Subject imports:  $738.5 million.
2.   Nonsubject imports:  $169.7 million.
3.  Leading import sources:  India, Canada and Korea.

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March 1, 2018
News Release 18-025
Inv. No(s). 731-TA-1104 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Polyester Staple Fiber from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of polyester staple fiber 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 Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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 Polyester Staple Fiber from China (Inv. No. 731-TA-1104 (Second Review), USITC Publication 4767, March 2018) will contain the views of the Commission and information developed during the review.

The report will be available by April 5, 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 Polyester Staple Fiber from China was instituted on September 1, 2017.

On December 5, 2017, the Commission voted to conduct an expedited review.  Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s votes 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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February 27, 2018
News Release 18-024
Inv. No(s). 337-TA-1101
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Fuel Pump Assemblies Having Vapor Separators and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain fuel pump assemblies having vapor separators and components thereof.  The products at issue in the investigation are certain fuel pump assemblies for marine engines, and in particular that are sold as equivalents or replacements for certain Volvo Penta fuel pump assemblies.

The investigation is based on a complaint filed by Carter Fuel Systems, LLC, of Logansport, IN, on January 31, 2018.  The complaint was supplemented on February 15, 16, and 22, 2018.  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 fuel pump assemblies having vapor separators and components thereof that infringe a patent 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 Wenzhou Jushang (JS) Performance Parts Co. Ltd. of Wenzhou, Zheijhang, China, as the respondent in this investigation.

By instituting this investigation (337-TA-1101), 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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February 16, 2018
News Release 18-023
Inv. No(s). 731-TA-1353 and 1356 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Carbon and Alloy Steel Wire Rod from South Africa and Ukraine Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of carbon and alloy steel wire rod from South Africa and Ukraine that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from South Africa and Ukraine.

The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from South Africa.  As a result, imports of carbon and alloy steel wire rod from South Africa will not be subject to retroactive antidumping duties.

The Commission’s public report Carbon and Alloy Steel Wire Rod from South Africa and Ukraine (Investigation Nos. 731-TA-1353 and 1356 (Final), USITC Publication 4766, March 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 22, 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

Carbon and Certain Alloy Steel Wire Rod from South Africa and Ukraine
Investigation Nos: 731-TA-1353 and 1356 (Final)

Product Description: Certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter. Wire rod is an intermediate good that is primarily used for subsequent drawing and finishing for wire drawers.

Status of Proceedings:

  1. Type of investigation: Final phase antidumping duty investigations.
  2. Petitioners: Charter Steel, Saukville, WI; Gerdau Ameristeel US Inc., Tampa, FL; Keystone Consolidated Industries, Inc., Peoria, IL; Nucor Corporation, Charlotte, NC.
  3. USITC Institution Date: March 28, 2017.
  4. USITC Hearing Date:  November 16, 2017.
  5. USITC Vote Date: February 16, 2018.
  6. USITC Notification to Commerce Date: March 1, 2018.

U.S. Industry in 2016:

  1. Number of U.S. producers: 8.
  2. Location of producers’ plants: Arizona, California, Colorado, Connecticut, Florida, Illinois, Nebraska, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Texas, and Wisconsin.
  3. Production and related workers: 2,222.
  4. U.S. producers’ U.S. shipments: $1.8 billion. [1]
  5. Apparent U.S. consumption: $2.8 billion. 1
  6. Ratio of subject imports to apparent U.S. consumption: 10.5 percent. 1

U.S. Imports in 2016:

  1. Subject imports: $298.2 million. [1]
  2. From South Africa and Ukraine: $67.5 million.
  3. From Belarus, Italy, Korea, Russia, Spain, Turkey, the United Arab Emirates, and the United Kingdom: $230.7 million.
  4. Nonsubject imports: $703.2 million.
  5. Leading import sources: Canada, Ukraine, Korea, Spain, and Turkey.

[1] Subject imports include South Africa and Ukraine as well as other subject countries (Belarus, Italy, Korea, Russia, Spain, Turkey, the United Arab Emirates and the United Kingdom).

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February 16, 2018
News Release 18-022
Inv. No(s). 701-TA-579 and 580 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Subsidized Fine Denier Polyester Staple Fiber from China and India Injures U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of fine denier polyester staple fiber from China and India that the U.S. Department of Commerce (Commerce) has determined are subsidized by the governments of those countries.

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative.

As a result of the USITC’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from China and India.

The Commission’s public report Fine Denier Polyester Staple Fiber from China and India (Investigation  Nos. 701-TA-579-580 (Final), USITC Publication 4765, March 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 28, 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

Fine Denier Polyester Staple Fiber from China and India
Investigation Nos: 701-TA-579-580 (Final)

Product Description:  Fine denier PSF is a manmade fiber, similar in appearance to cotton or wool. The distinguishing physical characteristics of fine denier polyester staple fiber include the denier count (less than 3 denier) and the length of the fiber. Other variable characteristics of fine denier PSF may be the finish ("luster") applied to the fiber, and the "crimp" of the fiber, which impacts the fiber's tenacity, or strength. Fine denier PSF is used for knit, woven, and nonwoven applications. Knit or woven applications include the production of textiles, such as clothing and bed linens. Nonwoven applications include the production of household and hygiene products such as baby wipes, diapers, or coffee filters.

Status of Proceedings:

1.   Type of investigation:  Final phase countervailing duty investigations.
2.   Petitioners:  Dak Americas, LLC, Charlotte, NC; Nan Ya Plastics Corporation, America, Lake City, SC; Auriga Polymers Inc., Charlotte, NC.
3.   USITC Institution Date:  Wednesday, May 31, 2017.
4.   USITC Hearing Date:  Wednesday, January 17, 2018.
5.   USITC Vote Date:  Friday, February 16, 2018.
6.   USITC Notification to Commerce Date:  Wednesday, March 07, 2018.

U.S. Industry in 2016:

1.   Number of U.S. producers:  5
2.   Location of producers’ plants:  North Carolina and South Carolina.
3.   Production and related workers:  654.
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 2016:

1.   Subject imports:  1
2.   Nonsubject imports:  1
3.   Leading import sources:  China, Germany, India.

 

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

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February 14, 2018
News Release 17-021
Inv. No(s). 337-TA-1100
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation Concerning Certain Microfluidic Systems and Components Thereof and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microfluidic systems and components thereof and products containing same.  The products at issue in the investigation include microfluidic cartridges, reagents, and devices for preparing samples for sequencing.

The investigation is based on a complaint filed by 10X Genomics, Inc., of Pleasanton, CA, on January 11, 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 microfluidic systems and components thereof and products containing same 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 Bio-Rad Laboratories, Inc., of Hercules, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-1100), 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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February 12, 2018
News Release 18-020
Inv. No(s). 701-TA-388, 389, and 391 and 731-TA-817, 818, and 821 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and Korea

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of cut-to-length carbon-quality steel plate from India, Indonesia, and Korea 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 India, Indonesia, and Korea will remain in place.

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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 Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and Korea (Inv. Nos. 701-TA-388, 389, and 391 and 731-TA-817, 818, and 821 (Third Review), USITC Publication 4764, February 2018) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 19, 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 Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and Korea were instituted on December 1, 2016.

On March 6, 2017, the Commission voted to conduct full reviews.  With respect to Indonesia, Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff concluded that both the domestic and the respondent group responses were adequate.  With respect to India and Korea, Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic responses were adequate and the respondent group responses were inadequate.  They concluded that the circumstances in each warranted full reviews in all investigations.

A record of the Commission’s votes 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.

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