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News Release 17-183
Inv. No(s). 337-TA-1091
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain color intraoral scanners and related hardware and software. The products at issue in the investigation are color optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.
The investigation is based on a complaint filed by Align Technology, Inc. of San Jose, CA, on November 14, 2017 and amended on December 4, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain color intraoral scanners and related hardware and software 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:
3Shape A/S, of Copenhagen, Denmark; and
3Shape, Inc., of Warren, NJ.
By instituting this investigation (337-TA-1091), 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 17-182
Inv. No(s). 337-TA-1090
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain intraoral scanners and related hardware and software. The products at issue in the investigation are optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.
The investigation is based on a complaint filed by Align Technology, Inc. of San Jose, CA, on November 14, 2017 and amended on December 4, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain intraoral scanners and related hardware and software 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:
3Shape A/S, of Copenhagen, Denmark; and
3Shape, Inc., of Warren, NJ.
By instituting this investigation (337-TA-1090), 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 17-177
Inv. No(s). 701-TA-571-572 (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 biodiesel from Argentina and Indonesia that the U.S. Department of Commerce (Commerce) has determined are subsidized.
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 Argentina and Indonesia.
The Commission’s public report Biodiesel from Argentina and Indonesia (Investigation Nos. 701-TA-571-572 (Final), USITC Publication 4748, December 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 11, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
FACTUAL HIGHLIGHTS
Product Description: Biodiesel is a fuel made from many types of vegetable oils, such as soybean oil, palm oil, and canola oil; animal fats; and used cooking oils. It is used most frequently as a substitute for petroleum-based diesel (diesel) in the transportation sector, usually in blends of 2 to 20 percent biodiesel. Biodiesel is also used as a heating fuel (fuel oil), primarily in the northeastern United States.
Status of Proceedings:
1. Type of investigation: Final phase countervailing duty investigations.
2. Petitioners: National Biodiesel Board Fair Trade Coalition, Washington, DC, and its individual members.
3. USITC institution: March 23, 2017.
4. USITC hearing: November 9, 2017.
5. USITC vote (countervailing duty): December 5, 2017.
6. USITC notification to Commerce (countervailing duty): December 21, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 25
2. Location of producers’ plants: Alabama, Arkansas, California, Connecticut, Georgia, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and Texas.
3. Production and related workers: 1,215.
4. U.S. producers’ U.S. shipments: $3.6 billion.
5. Apparent U.S. consumption: $5.7 billion.
6. Ratio of subject imports to apparent U.S. consumption: 28.4 percent.
U.S. Imports in 2016:
1. Subject imports: $1.6 billion.
2. Nonsubject imports: $496.3 million.
3. Leading import sources: Argentina, Canada, and Indonesia.
News Release 17-176
Inv. No(s). 701-TA-565 and 731-TA-1341 (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 hardwood plywood from China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.
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 and countervailing duty orders on imports of this product from China.
The Commission also made a negative finding concerning critical circumstances with regard to imports of this product. As a result, imports of hardwood plywood from China will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Hardwood Plywood from China (Investigation Nos. 701-TA-565 and 731-TA-1341 (Final), USITC Publication 4747, December 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 10, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
FACTUAL HIGHLIGHTS
Product Description: Hardwood plywood is a wood panel product made from gluing two or more layers of wood veneer to a core which may itself be composed of veneers or other type of wood material. The outer ply or face veneer is typically the identifying species for the hardwood plywood product and is the side of the product that will be visible in most uses. A wide variety of hardwood species is used in hardwood plywood manufacturing including oak, birch, maple, poplar, cherry, and tropical varieties.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Columbia Forest Products, Greensboro, NC; Commonwealth Plywood Inc., Whitehall, NY; Murphy Plywood Co., Eugene, OR; Roseburg Forest Products Co., Roseburg, OR; States Industries, Inc., Eugene, OR; and Timber Products Company, Springfield, OR.
3. USITC Institution Date: Friday, November 18, 2016.
4. USITC Hearing Date: Thursday, October 26, 2017.
5. USITC Vote Date: Friday, December 01, 2017.
6. USITC Notification to Commerce Date: Wednesday, December 20, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 9
2. Location of producers’ plants: Arkansas, Indiana, Mississippi, New York, North Carolina, Oregon, South Carolina, Virginia, Washington, and West Virginia.
3. Production and related workers: 2,294.
4. U.S. producers’ U.S. shipments: $790.9 million.
5. Apparent U.S. consumption: $2.0 billion.
6. Ratio of subject imports to apparent U.S. consumption: 35.3 percent.
U.S. Imports in 2016:
1. Subject imports: $715.7 million.
2. Nonsubject imports: $518.7 million.
3. Leading import sources: China, Indonesia, Russia, Malaysia, and Ecuador (in terms of total value).
News Release 17-164
Inv. No(s). 701-TA-588 and 731-TA-1392-1393 (Preliminary)
Contact: Lyn Schlitt, 202-205-3141
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 polytetrafluoroethylene resin from China and India that are allegedly sold in the United States at less than fair value and subsidized by the government of India.
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 determination due on or about December 22, 2017, and its antidumping duty determinations due on or about March 7, 2017.
The Commission’s public report Polytetrafluoroethylene Resin from China and India (Inv. Nos. 701-TA-588 and 731-TA-1392-1393 (Preliminary), USITC Publication 4741, November 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 11, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
News Release 17-161
Inv. No(s). 731-TA-1387-1391 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
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 polyethylene terephthalate (PET) resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan that are allegedly 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 duty investigations, with its preliminary antidumping duty determinations due on or about March 5, 2017.
The Commission’s public report Polyethylene Terephthalate (PET) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan (Inv. Nos. 731-TA-1387-1391 (Preliminary), USITC Publication 4740, November 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 11, 2017; 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
Certain Polyethylene Terephthalate (PET) Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan
Investigation Nos. 731-TA-1387-1391 (Preliminary)
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:
- Type of investigations: Preliminary antidumping duty.
- Petitioners: DAK Americas, LLC, Charlotte, NC; M&G Chemicals, Houston, TX; Indorama Ventures USA, Inc., Decatur, Alabama; and Nan Ya Plastics Corporation, America, Lake City, SC.
- Investigations instituted by USITC: September 26, 2017.
- USITC conference: October 17, 2017.
- USITC vote: November 8, 2017.
- USITC views to the U.S. Department of Commerce: November 20, 2017.
U.S. Industry:
- Number of U.S. producers in 2016: 4.
- Location of producers’ plants: Alabama, Mississippi, North Carolina, South Carolina, West Virginia, and Texas.
- Employment of production-related workers in 2016: 886.
- U.S. producers’ U.S. shipments in 2016: 5.5 million pounds
- Apparent U.S. consumption in 2016: [1]
- Ratio of subject imports to apparent U.S. consumption in 2016: 1
U.S. Imports in 2016:
- From the subject countries during 2016: 1
- From other countries during 2016: 1
- Leading sources during 2016: Mexico, Taiwan, and Canada (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
News Release 17-158
Inv. No(s). 337-TA-1080
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wafer-level packaging semiconductor devices and products containing same. The products at issue in the investigation are cellular phones, tablets, laptops, notebook computers, and cameras that include wafer-level packaged semiconductor components.
The investigation is based on a complaint filed by Tessera Advanced Technologies, Inc., of San Jose, CA, on September 28, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wafer-level packaging semiconductor devices and products containing same 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:
Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Semiconductor, Inc., of San Jose, CA.
By instituting this investigation (337-TA-1080), 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 17-159
Inv. No(s). TA-201-075
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products).
Today’s action follows the Commission’s September 22, 2017, determination that crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article. Information about that determination can be found here: https://www.usitc.gov/press_room/news_release/2017/er0922ll832.htm.
The statements of the Commissioners regarding their remedy recommendations are attached. Full details on their recommendations will be included in the report to the President.
The Commission will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for them, to the President by November 13, 2017.
The President, not the Commission, will make the final decision whether to provide relief to the U.S. industry and the type and amount of relief.
The Commission's public report to the President Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products), Inv. No. TA-201-075, USITC Publication 4739, November 2017, will be available by December 4, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
STATEMENTS OF THE COMMISSIONERS (click here)
News Release 17-157
Inv. No(s). 337-TA-1079
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shaving cartridges, components thereof, and products containing same. The products at issue in the investigation are shaving cartridges that are used together with a shaving handle, which include the Schick Hydro Connect 5 shaving cartridges.
The investigation is based on a complaint filed by The Gillette Company LLC of Boston, MA, on September 25, 2017. A supplement to the complaint was filed on September 28, 2017. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain shaving cartridges, components thereof, and products containing same that infringe a patent 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:
Edgewell Personal Care Company of Chesterfield, MO;
Edgewell Personal Care Brands, LLC of Shelton, CT;
Edgewell Personal Care, LLC of Shelton, CT;
Schick Manufacturing, Inc. of Shelton, CT; and
Schick (Guangzhou) Co., Limited of Getdd. Guangzhou, China.
By instituting this investigation (337-TA-1079), 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 17-156
Inv. No(s). 337-TA-1078
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain amorphous metal and products containing same. The products at issue in this investigation include amorphous metal and amorphous metal cores used, for example, in electric transformers.
The investigation is based on a complaint filed by Metglas, Inc., of Conway, SC, and Hitachi Metal, Ltd., of Tokyo, Japan, on September 19, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain amorphous metal and products containing same that are manufactured using stolen trade secrets asserted by the complainants. The complainants request 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:
Advanced Technology & Materials of Beijing, China;
AT&M International Trading Co., Ltd., of Beijing, China;
CISRI International Trading Co., Ltd., of Beijing, China;
Beijing ZLJG Amorphous Technology Co., Ltd., of Beijing, China; and
Qingdao Yunlu Energy Technology Co., Ltd., of Qingdao, China.
By instituting this investigation (337-TA-1078), 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.