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News Release 17-155
Inv. No(s). 731-TA-1077
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain reusable diapers, components thereof, and products containing same. The products at issue in the investigation are reusable cloth diapers.
The investigation is based on a complaint filed by Cotton Babies, Inc., of Fenton, MO, 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 reusable diapers, components thereof, and products containing same that infringe a patent and a registered trademark asserted by the complainant. The complainant requests 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:
Alvababy.com of ShenZhen, Guangdong, China;
Shenzhen Adsel Trading Co., Ltd., d/b/a Alva of Shenzhen, Guangdong, China; and
Huizhou Huapin Garment Co., Ltd., of Huizhou, Guangdong, China.
By instituting this investigation (337-TA-1077), 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 17-154
Inv. No(s). 337-TA-1076
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic data storage tapes and cartridges containing the same (II). The products at issue in the investigation are LTO Ultrium magnetic tape media for data storage and tape cartridges, and include the following products identified in the complaint: LTO Ultrium 4 Data Cartridge (Model No. LTX800G), LTO Ultrium 5 Data Cartridge (Model No. LTX 1500G), LTO Ultrium 6 Data Cartridge (Model No. LTX2500G), LTO-4 Library Pack (Model No. 20LTX800G), LTO-5 Library Pack (Model No. 20LTX1500GL), and LTO-6 Library Pack (Model No. 20LTX2500GL), and any similar LTO 4th generation products, LTO 5th generation products, and LTO 6th generation products.
The investigation is based on a complaint filed by Fujifilm Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc., of Bedford, MA, on September 19, 2017. A supplement to the complaint was filed on October 6, 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 magnetic data storage tapes and cartridges containing the same 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:
Sony Corporation of Tokyo, Japan;
Sony Storage Media Solutions Corporation of Tokyo, Japan;
Sony Storage Media Manufacturing Corporation of Miyagi, Japan;
Sony DADC US Inc. of Terre Haute, IN; and
Sony Latin America Inc. of Miami, FL.
By instituting this investigation (337-TA-1076), 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 17-153
Inv. No(s). 337-TA-1075
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrochemical glucose monitoring systems and components thereof. The products at issue in the investigation are blood glucose monitors and test strips for use with the monitors.
The investigation is based on a complaint filed by Dexcom, Inc., of San Diego, CA, on September 18, 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 electrochemical glucose monitoring systems 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 AgaMatrix, Inc., of Salem, NH, as the respondent in this investigation.
By instituting this investigation (337-TA-1075), 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 17-151
Inv. No(s). 332-325
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today issued an update of its report The Economic Effects of Significant U.S. Import Restraints.
The USITC, an independent, nonpartisan, factfinding federal agency, completed the report for the U.S. Trade Representative (USTR). The report is the ninth update in a series of reports to the USTR.
The report estimates changes in U.S. welfare, output, employment, and trade that would result from the unilateral elimination of significant import restraints, including U.S. tariffs and tariff-rate quotas on certain agricultural products, textiles and apparel, and other manufactured products. The Commission estimates that liberalization of all significant import restraints quantified in this update would increase annual U.S. welfare by $3.2 billion by 2020. For the first time in this series of reports, this update examines the effects of import restraints on households with different incomes.
The effect of tariffs and of customs and border procedures on global supply chains is the subject of a special topic chapter in the report.
The Economic Effects of Significant U.S. Import Restraints: Ninth Update (Inv. No. 332-325, USITC Publication 4726, September 2017) is available on the USITC web site at https://www.usitc.gov/publications/332/pub4726.pdf.
Bulletin 17-065
Inv. No(s). 701-TA-450 and 731-TA-1188 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of high pressure steel cylinders 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 determinations, the existing antidumping and countervailing duty orders on imports of these products 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 these five-year (sunset) reviews.
The Commission’s public report High Pressure Steel Cylinders from China (Inv. Nos. 701-TA-450 and 731-TA-1188 (Review), USITC Publication 4738, October 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 21, 2017; 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 High Pressure Steel Cylinders from China were instituted on May 1, 2017.
On August 4, 2017, the Commission voted to conduct expedited reviews. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s votes to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 17-150
Inv. No(s). 731-TA-1186-1187 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of certain stilbenic optical brightening agents from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping duty orders on imports of these products from China and Taiwan 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 Certain Stilbenic Optical Brightening Agents from China and Taiwan (Inv. Nos. 731-TA-1186-1187 (Review), USITC Publication 4737, October 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 9, 2017; 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 Certain Stilbenic Optical Brightening Agents from China and Taiwan were instituted on April 3, 2017.
On July 7, 2017, the Commission voted to conduct expedited reviews. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s votes to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 17-149
Inv. No(s). 337-TA-1074
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies. The products at issue in the investigation include components used in the complainant’s industrial automation systems that bear the complainant’s Allen-Bradley® trademarks and that use the complainant’s copyrighted software and firmware.
The investigation is based on a complaint filed by Rockwell Automation, Inc., of Milwaukee, WI, on September 6, 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 industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe trademarks and copyrights asserted by the complainant. Additionally, the complainant alleges that the proposed respondents engage in unfair methods of competition and unfair acts in acquiring and then importing into the United States products unlawfully obtained from the complainant’s authorized distributors. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Can Electric Limited of Guangzhou, Guangdong, China;
Capnil (HK) Company Limited of Hong Kong;
Fractioni (Hongkong) Ltd. of Shanghai, China;
Fujian Dahong Trade Co., Ltd., of Fujian, China;
GreySolution Limited d/b/a Fibica of Hong Kong;
Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China;
KBS Electronics Suzhou Co., Ltd., of Shanghai, China;
PLC-VIP Shop d/b/a VIP Tech Limited of Hong Kong;
Radwell International, Inc., d/b/a PLC Center of Willingboro, NJ;
Shanghai EuoSource Electronic Co., Ltd., of Shanghai, China;
ShenZhen T-Tide Trading Co., Ltd., of Shenzhen, China;
SoBuy Commercial (HK) Co. Limited of Jiangsu, China;
Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi d/b/a Easy Micro-optics Co. LTD. of Suzhou, Jiansu, China;
Wenzhou Sparker Group Co. Ltd., of Wenzhou, China; and
Yaspro Electronics (Shanghai) Co., Ltd., of Shanghai, China.
By instituting this investigation (337-TA-1074), 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 17-148
Inv. No(s). 731-TA-1189 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five-year (“sunset”) review concerning the antidumping order on large power transformers from Korea.
As a result of the vote, the Commission will conduct a full review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.
A record of the Commission’s vote on this matter 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.
The record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its review.
News Release 17-147
Inv. No(s). 731-TA-678-679 and 681-683 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping orders on stainless steel bar from Brazil, India, Japan, and Spain.
As a result of the votes, the Commission will conduct full reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.
With respect to Japan and Spain, Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to Brazil and India, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
A record of the Commission’s vote on these matters 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.
The record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.
News Release 17-145
Inv. No(s). 701-TA-442 and 731-TA-1095-1096 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the antidumping orders on lined paper school supplies from China and India and the countervailing duty order on these products from India.
As a result of the votes, the Commission will conduct expedited reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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 reviews, and information provided by the Department of Commerce.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s votes on these matters 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.
The record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.