The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain self-anchoring beverage containers.  The products at issue in the investigation are beverage containers that attach themselves to surfaces on which they are put (such as desks or tables), making it difficult to knock them over, while still allowing users to pick them up.

The investigation is based on an amended complaint filed by Alfay Designs, Inc., of Rahway, NJ; Mighty Mug, Inc., of Rahway, NJ; and Harry Zimmerman of Los Angeles, CA, on December 1, 2017.  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 self-anchoring beverage containers that infringe patents and a registered trademark asserted by the complainants.  The complainants request that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Telebrands, Corp. of Fairfield, NJ;
HIRALIY of Guangdong Province, China;
Chekue (Shenzhen Chekue Trading Co. Ltd.) of Guangdong Province, China;
Tapcet (Guangzhou Tinghui Trade Co., Ltd.) of Guangdong Province, China;
OUOH (Zhejiang OUOH Houseware Co., Ltd.) of Zhejiang Province, China;
DevBattles of Ternopil, Ukraine;
OTELAS, MB of Klaipeda, Lithuania; and
Artiart Limited of Taipei, Taiwan.

By instituting this investigation (337-TA-1092), 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.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of tool chests and cabinets from China that the U.S. Department of Commerce (Commerce) has determined are 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 a countervailing duty order on imports of this product from China.

The Commission’s public report Tool Chests and Cabinets from China. (Investigation  No. 701-TA-575 (Final), USITC Publication 4753, January 2018) will contain the views of the Commission and information developed during the investigation.

The report will be available by February 6, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Tool Chests and Cabinets from China
Investigation No. 701-TA-575 (Final)

Product Description:  Tool chests and cabinets are designed for the storage of tools and equipment. They have bodies that are generally made from carbon, alloy, or stainless steel, but can be produced from other metals. The subject merchandise includes top chests, intermediate chests, tool cabinets, side cabinets, mobile work benches and work stations, and metal storage units that have two or more drawers, meet specified physical dimensions, and are prepackaged for retail sale. Tool chests and cabinets can be sold individually or in sets that include a cabinet and one or more chests that stack on top on the cabinet. Tool chests and cabinets can be differentiated by size, color, number and load rating of drawers, type of drawer slides, type of latching system, type and thickness of primary construction material, lock type, type and load rating of casters or wheels, and total load rating and storage capacity. Not covered by the scope of these investigations are tool boxes, chests and cabinets with bodies made entirely of plastic, carbon fiber, wood, or other non-metallic substances; portable tool boxes; and industrial grade tool chests and cabinets.

 

Status of Proceedings:

1.   Type of investigation: Final countervailing duty investigation.
2.   Petitioner: Waterloo Industries Inc., Sedalia, Missouri.
3.   USITC Institution Date: April 11, 2017.
4.   USITC Hearing Date: November 28, 2017.
5.   USITC Vote Date: January 3, 2018.
6.   USITC Notification to Commerce Date: January 16, 2018.

U.S. Industry in 2016:

1.   Number of U.S. producers: Two.
2.   Location of producers’ plants: Illinois 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 and Vietnam.

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of carbon and certain alloy steel wire rod from Belarus, Russia, and the United Arab Emirates 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 Belarus, Russia, and the United Arab Emirates.

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

The Commission’s public report Carbon and Certain Alloy Steel Wire Rod from Belarus, Russia, and the United Arab Emirates. (Investigation Nos. 731-TA-1349, 1352, and 1357 (Final), USITC Publication 4752, January 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by January 24, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Carbon and Certain Alloy Steel Wire Rod from Belarus, Russia, and the United Arab Emirates
Investigation Nos: 731-TA-1349, 1352, and 1357 (Final)

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

Status of Proceedings:

1.   Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2.   Petitioners: Charter Steel, Saukville, WI; Gerdau Ameristeel US Inc., Tampa, FL; Keystone Consolidated Industries, Inc., Peoria, IL; Nucor Corporation, Charlotte, NC.
3.   USITC Institution Date: March 28, 2017.
4.   USITC Hearing Date:  November 16, 2017.
5.   USITC Vote Date: December 19, 2017.
6.   USITC Notification to Commerce Date: January 11, 2018.

U.S. Industry in 2016:

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

U.S. Imports in 2016:

1. Subject imports: $298.2 million.¹
2. From Belarus, Russia, and United Arab Emirates: $54.4 million.
3. From Italy, Korea, South Africa, Spain, Turkey, Ukraine, and the United Kingdom: $243.8 million.
4. Nonsubject imports: $703.2 million.
5. Leading import sources: Canada, Ukraine, Korea, Turkey, and Spain.

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.

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.

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.

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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.

 

 

 

 

 

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.

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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).

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.
 

 

 

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.

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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:

1. Type of investigations: Preliminary antidumping duty.
2. 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.
3. Investigations instituted by USITC: September 26, 2017.
4. USITC conference: October 17, 2017.
5. USITC vote: November 8, 2017.
6. USITC views to the U.S. Department of Commerce: November 20, 2017.

U.S. Industry:

1. Number of U.S. producers in 2016:  4.
2. Location of producers’ plants:  Alabama, Mississippi, North Carolina, South Carolina, West Virginia, and Texas.
3. Employment of production-related workers in 2016: 886.                     
4. U.S. producers’ U.S. shipments in 2016: 5.5 million pounds
5. Apparent U.S. consumption in 2016: [1]
6. Ratio of subject imports to apparent U.S. consumption in 2016: ¹ 

U.S. Imports in 2016:

1. From the subject countries during 2016:  ¹ 
2. From other countries during 2016:  ¹
3. Leading sources during 2016: Mexico, Taiwan, and Canada (in terms of total value).

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.

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