USITC
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:
- Type of investigation: Final phase antidumping duty investigations.
- Petitioners: Charter Steel, Saukville, WI; Gerdau Ameristeel US Inc., Tampa, FL; Keystone Consolidated Industries, Inc., Peoria, IL; Nucor Corporation, Charlotte, NC.
- USITC Institution Date: March 28, 2017.
- USITC Hearing Date: November 16, 2017.
- USITC Vote Date: February 16, 2018.
- USITC Notification to Commerce Date: March 1, 2018.
U.S. Industry in 2016:
- Number of U.S. producers: 8.
- Location of producers’ plants: Arizona, California, Colorado, Connecticut, Florida, Illinois, Nebraska, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Texas, and Wisconsin.
- Production and related workers: 2,222.
- U.S. producers’ U.S. shipments: $1.8 billion. [1]
- Apparent U.S. consumption: $2.8 billion. 1
- Ratio of subject imports to apparent U.S. consumption: 10.5 percent. 1
U.S. Imports in 2016:
- Subject imports: $298.2 million. [1]
- From South Africa and Ukraine: $67.5 million.
- From Belarus, Italy, Korea, Russia, Spain, Turkey, the United Arab Emirates, and the United Kingdom: $230.7 million.
- Nonsubject imports: $703.2 million.
- 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).
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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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.
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.
USITC Votes to Continue Investigations Concerning Plastic Decorative Ribbon 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 plastic decorative ribbon 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 determination due on or about March 22, 2018, and its antidumping duty determinations due on or about June 5, 2018.
The Commission’s public report Plastic Decorative Ribbon from China (Inv. Nos. 701-TA-592 and 731-TA-1400 (Preliminary), USITC Publication 4763, February 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available after March 13, 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
Plastic Decorative Ribbon from China
Investigation Nos: 701-TA-592 and 731-TA-1400 (Preliminary)
Product Description: Plastic decorative ribbon consists of long strips of material primarily used in gift wrap. The subject merchandise has a width of less than or equal to 4 inches (measured at the narrowest span of the ribbon), and include ribbon wound onto itself; a spool, a core or a tube (with or without flanges); attached to a card or strip; wound into a keg- or egg-shaped configuration; made into bows, bow-like items, or other shapes or configurations. The subject merchandise is typically made of polypropylene. The ribbons may be of any color or combination of colors (including ribbons that are transparent, translucent or opaque) and may or may not bear words or images, including those of a holiday motif. Included are ribbons with embellishments and/or treatments, including ribbons that are printed, hot-stamped, coated, laminated, flocked, crimped, die-cut, embossed (or that otherwise have impressed designs, images, words or patterns), and ribbons with holographic, glitter, metallic, or iridescent finishes.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: Berwick, Berwick, Pennsylvania.
3. USITC Institution Date: Wednesday, December 27, 2017.
4. USITC Conference Date: Wednesday, January 17, 2018.
5. USITC Vote Date: Friday, February 09, 2018.
6. USITC Notification to Commerce Date: Monday, February 12, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: 2
2. Location of producers’ plants: Pennsylvania, Kansas, and Missouri.
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: 1
2. Nonsubject imports: 1
3. Leading import sources: China.
[1] Withheld to avoid disclosure of business proprietary information.
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USITC Makes Determination in Five-Year (Sunset) Review Concerning Pure Granular Magnesium from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of pure granular magnesium 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 Pure Granular Magnesium from China (Inv. No. 731-TA-895 (Third Review), USITC Publication 4761, February 2018) will contain the views of the Commission and information developed during the review.
The report will be available by March 9, 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 Pure Granular Magnesium from China was instituted on September 1, 2017.
On December 5, 2017, the Commission voted to conduct an expedited review. Chairman Rhonda K. Schmidtlein 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 an expedited review. Vice Chairman David S. Johanson also concluded that the domestic group response for this review was adequate and the respondent group response was inadequate but that circumstances warranted a full review.
A record of the Commission’s vote 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.
Bulletin 18-008
USITC Makes Determination in Five-Year (Sunset) Review Concerning Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of seamless carbon and alloy steel standard, line, and pressure pipe from Germany 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 Germany 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany (Inv. No. 731-TA-709 (Fourth Review), USITC Publication 4760, February 2018) will contain the views of the Commission and information developed during the review.
The report will be available by March 6, 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany was instituted on August 1, 2017.
On November 6, 2017, the Commission voted to conduct an expedited review. 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 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.
100- to 150-Seat Large Civil Aircraft from Canada Do Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of 100- to 150-seat large civil aircraft from Canada that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold 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 negative.
As a result of the USITC’s negative determinations, no antidumping or countervailing duty orders will be issued.
The Commission’s public report 100- to 150-Seat Large Civil Aircraft from Canada (Investigation Nos. 701-TA-578 and 731-TA-1368 (Final), USITC Publication 4759, February 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 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
100- to 150-Seat Large Civil Aircraft from Canada
Investigation Nos. 701-TA-578 and 731-TA-1368 (Final)
Product Description: 100- to 150-seat large civil aircraft are aircraft that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty investigations.
2. Petitioner: The Boeing Company, Chicago, Illinois.
3. USITC Institution Date: April 27, 2017.
4. USITC Hearing Date: December 18, 2017.
5. USITC Vote Date: January 26, 2018.
6. USITC Notification to Commerce Date: February 13, 2018.
U.S. Industry in 2016:
1. Number of U.S. producers: One.
2. Location of producers’ plants: Montana, South Carolina, Utah, and Washington.
3. Production and related workers: [1]
4. Apparent U.S. consumption: 1
5. 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: N/A
[1] Withheld to avoid disclosure of business proprietary information.
USITC Institutes Section 337 Investigation of Certain Subsea Telecommunication Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain subsea telecommunication systems and components thereof. The products at issue in the investigation are systems and components of long-haul subsea telecommunication systems, including terminals, also known as dry plants.
The investigation is based on a complaint filed by Neptune Subsea Acquisitions Ltd. and Neptune Subsea IP Ltd., both of Harold Wood, Essex, the United Kingdom, and Xtera, Inc., of Allen, TX, on December 22, 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 subsea telecommunication systems and components thereof that infringe patents asserted by the complainants. The complainants request 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:
Nokia Corporation of Espoo, Finland;
Nokia Solutions and Networks B.V. of Hoofddorp, The Netherlands;
Nokia Solutions and Networks Oy of Espoo, Finland;
Alcatel-Lucent Submarine Networks SAS of Boulogne Billancourt, France;
Nokia Solutions and Networks US LLC of Phoenix, AZ;
NEC Corporation of Tokyo, Japan;
NEC Networks & System Integration Corporation of Tokyo, Japan; and
NEC Corporation of America of Irving, TX.
By instituting this investigation (337-TA-1098), 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 Solid State Storage Drives, Stacked electronics Components, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain solid state storage drives, stacked electronic components, and products containing same. The products at issue in the investigation are various types of memory devices, including solid state storage drives and DRAM/processor devices and products such as laptops and mobile devices containing these memory devices.
The investigation is based on a complaint filed by BiTMICRO, LLC, of Reston, VA, on December 21, 2017. An amended complaint was filed on January 9, 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 solid state storage drives, stacked electronic components, 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, Gyeonggi-do, Republic of Korea;
Samsung Semiconductor, Inc., of San Jose, CA;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
SK Hynix Inc. of Gyeonggi-do, Republic of Korea;
SK Hynix America Inc. of San Jose, CA;
Dell Inc. of Round Rock, TX;
Dell Technologies Inc. of Round Rock, TX;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
HP Inc. of Palo Alto, CA;
Hewlett Packard Enterprise Co. of Palo Alto, CA;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
VAIO Corporation of Azumino, Japan; and
Transcosmos America Inc. of Gardena, CA.
By instituting this investigation (337-TA-1097), 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.