USITC
Aluminum Foil from China Injures 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 aluminum foil 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 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’s public report Aluminum Foil from China, Inv. Nos. 701-TA-570 and 731-TA-1346 (Final), USITC Publication 4771, April 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by April 30, 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
Aluminum Foil from China
Investigation Nos. 701-TA-570 and 731-TA-1346 (Final)
Product Description: Aluminum foil is a thin wrought aluminum product that is produced via a rolling process. It has a thickness of 0.2 mm or less, is in reels exceeding 25 pounds, regardless of width. It is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil in this instance specifically excludes product that is backed with paper, paperboard, plastics, or similar backing materials on one or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Aluminum foil is used in food and pharmaceutical packaging and in industrial applications such as thermal insulation, cables, and electronics.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: The Aluminum Association Trade Enforcement Working Group, Arlington, VA.
3. USITC Institution Date: Thursday, March 9, 2017.
4. USITC Hearing Date: Thursday, February 8, 2018.
5. USITC Vote Date: Thursday, March 15, 2018.
6. USITC Notification to Commerce Date: Monday, April 9, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 6.
2. Location of producers’ plants: Arkansas, Indiana, Kentucky, Missouri, New Jersey, North Carolina, Pennsylvania, South Carolina, Tennessee, and West Virginia.
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 2016:
1. Subject imports: $431.4 million.
2. Nonsubject imports: $226.4 million.
3. Leading import sources: China, Germany, Russia, and Armenia (in terms of total quantity).
USITC Votes to Continue Investigations on Rubber Bands from China and Thailand, but not Sri Lanka
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of imports of rubber bands from China and Thailand that are allegedly subsidized and sold in the United States at less than fair value. The Commission further found that imports of rubber bands from Sri Lanka are negligible.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative with respect to China and Thailand and made a finding of negligibility with respect to Sri Lanka.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from China and Thailand, with its preliminary countervailing duty determinations due on or about April 26, 2018, and its antidumping duty determinations due on or about July 10, 2018. As a result of the Commission’s finding of negligibility, the investigation concerning Sri Lanka will be terminated.
The Commission’s public report Rubber Bands from China, Sri Lanka, and Thailand, Inv. Nos. 701-TA-598-600 and 731-TA-1408-1410 (Preliminary), USITC Publication 4770, March 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 16, 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
Rubber Bands from China, Sri Lanka, and Thailand
Investigation Nos. 701-TA-598-600 and 731-TA-1408-1410 (Preliminary)
Product Description: Rubber bands are made of vulcanized rubber and are commonly used to hold multiple objects together, including papers, fruits and vegetables, pieces of equipment, and other items. Rubber bands are sold in many industry segments, including the following: stationery, paper and packaging, newspaper, agricultural, retail, government, post office, and advertising.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Alliance Rubber Co., Hot Springs, Arkansas.
3. USITC Institution Date: Tuesday, January 30, 2018.
4. USITC Conference Date: Tuesday, February 20, 2018.
5. USITC Vote Date: Thursday, March 15, 2018.
6. USITC Notification to Commerce Date: Monday, March 19, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 1
2. Location of producers’ plants: Arkansas and California.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2017:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Thailand.
USITC Institutes Section 337 Investigation of Certain Multi-Domain Test and Measurement Instruments
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multi-domain test and measurement instruments. The products at issue in the investigation are oscilloscopes for performing both time domain and frequency domain analysis.
The investigation is based on a complaint filed by Tektronix, Inc., of Beaverton, OR, on February 9, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain multi-domain test and measurement instruments 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:
Rohde & Schwarz USA, Inc., of Columbia, MD;
Rohde & Schwarz GmbH and Co. KG of Munchen, Germany; and
Rohde & Schwarz Vertriebs GmbH of Munchen, Germany.
By instituting this investigation (337-TA-1104), 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 Digital Video Receivers and Related Hardware and Software
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers and related hardware and software components. The products at issue in the investigation are digital video receivers (also known as digital set-top boxes) and their associated hardware and software components, including, for example, interactive program guide software and remote control units.
The investigation is based on a complaint filed by Rovi Corporation, Rovi Guides, Inc., and Rovi Technologies Corporation, all of San Jose, CA, and Veveo, Inc., of Andover, MA, on February 8, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital video receivers and related hardware and software components 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:
Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC of Philadelphia, PA;
Comcast Cable Communications Management, LLC of Philadelphia, PA;
Comcast Business Communications, LLC of Philadelphia, PA;
Comcast Holdings Corporation of Philadelphia, PA; and
Comcast Shared Services, LLC of Chicago, IL.
By instituting this investigation (337-TA-1103), 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 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.
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.
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.
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.
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.
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.