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News Release 17-137
Inv. No(s). 332-561
Contact: Peg O'Laughlin, 202-205-1819
Digital technologies are transforming business and international trade, reports the U.S. International Trade Commission (USITC) in its publication Global Digital Trade I: Market Opportunities and Key Foreign Trade Restrictions.
Expansion of the Internet’s network infrastructure has enabled the proliferation of devices, driving up demand for cloud services and data analytics resources, according to the report. These products and services are used by many companies and consumers. However, despite the huge growth in global digital trade in recent years, some countries have imposed measures that slow or halt the domestic adoption of digital technologies in both digital and traditional industry sectors.
The USITC, an independent, nonpartisan, factfinding federal agency, conducted the investigation at the request of the U.S. Trade Representative.
As requested, the USITC report describes recent developments in global trade in business-to-business (B2B) and business-to-consumer (B2C) digital products and services. The report provides information on the market for digital products and services in the United States and key foreign markets, including Brazil, China, the EU, India, Indonesia, and Russia. The report also provides information on global adoption of digital technologies and the importance of data flows. Finally, the report also describes regulatory and policy measures in key foreign markets that may impede digital trade. Developments highlighted in the report include:
- An estimated 49 percent of the global population has a mobile broadband subscription, outpacing fixed broadband growth in the last five years.
- U.S. spending on public cloud services outpaced the rest of the world combined, with nearly $63 billion in spending, significantly larger than the EU ($19 billion), which was the next largest market.
- Global digital content (video games, video, music, and e-publishing) revenue grew to nearly $90 billion in 2016, with video games making up nearly 55 percent of the total.
- Global e-commerce grew to over $ 27.7 trillion in 2016. B2B e-commerce makes up more than 85 percent of the total. China ($767 million) and the United States ($595 million) are the top B2C e-commerce markets.
- Firms in many different industries are adopting digital technologies such as Internet-connected sensors, unmanned aerial vehicles, and advanced data analytics to collect and analyze massive amounts of data to improve their business processes.
- U.S. industry representatives report that many types of regulatory and policy measures potentially impede digital trade, including measures targeting data protection and privacy, data localization, cybersecurity, inadequate intellectual property rights enforcement, censorship, and market access and investment. Overall, the most cited policy measure impeding digital trade was data localization, while content industry representatives reported that ineffective enforcement of intellectual property protections affected them the most.
Global Digital Trade 1: Market Opportunities and Key Foreign Trade Restrictions (Investigation No. 332-561, USITC publication 4716, August 2017) is available on the USITC’s Internet site at https://www.usitc.gov/publications/332/pub4716.pdf.
USITC general factfinding investigations cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 17-136
Inv. No(s). 332-503
Contact: Peg O'Laughlin, 202-205-1819
Eight years after its implementation, the Earned Import Allowance Program (EIAP) is not providing enough incentives to significantly boost Dominican apparel exports to the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Eighth Annual Review.
The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.
The USITC's eighth annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on September 28, 2017. Highlights of the report follow.
- Of the 12 registered firms, only 5 firms are currently using the program, the same number reported in the sixth and seventh annual reviews.
- In 2016, U.S. imports of woven cotton bottoms from the Dominican Republic fell 57 percent by value to $3.5 million from $8.2 million in 2015 and fell 61 percent by quantity to 745,000 SMEs from 1.9 million SMEs in 2015. U.S. government sources and a user of the program in the Dominican Republic attributed the decline in U.S. imports under the EIAP to increased imports from Haiti and increased competition from other Western Hemisphere suppliers. Haiti offers lower labor costs and trade preferences under the HOPE/HELP programs that provide more sourcing flexibility and coverage for a wider range of products than the EIAP as well as a tariff preference level (TPL) for woven apparel from Haiti that allows the use of third-country fabric up to a specified level.
- The recommendations offered during the eighth annual review of the EIAP were virtually the same as those received by the Commission during the previous seventh annual reviews-1) lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; 2) expanding the program coverage to enable other types of fabrics and apparel items to be included in the EIAP; and 3) changing the requirement that dyeing and finishing of eligible fabrics occur in the United States.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Eighth Annual Review (Inv. No. 332-503, USITC Publication 4730, September 2017) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4730.pdf.
USITC general factfinding investigations, such as this, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 17-135
Bulletin 17-059
Inv. No(s). 731-TA-313-314, 317, and 379 (Fourth 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 brass sheet and strip from France, Germany, Italy, and Japan 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 France, Germany, Italy, and Japan 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 Brass Sheet and Strip from France, Germany, Italy, and Japan (Inv. Nos. 731-TA-313-314, 317, and 379 (Fourth Review), USITC Publication 4733, October 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 31, 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 Brass Sheet and Strip from France, Germany, Italy, and Japan were instituted on March 1, 2017.
On June 5, 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 these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner F. Scott Kieff did not participate.
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 17-134
Inv. No(s). 337-TA-1072
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain Wi-Fi enabled electronic devices and components thereof. The products at issue in the investigation are Wi-Fi enabled televisions (also known as “smart” televisions).
The investigation is based on a complaint filed by Sharp Corporation of Osaka, Japan, and Sharp Electronics Corporation of Montvale, NJ, on August 29, 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 Wi-Fi enabled electronic devices and components thereof 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:
Hisense Co., Ltd., of Qingdao, China;
Hisense Electric, Co. Ltd. of QingDao, China;
Hisense International (Hong Kong) Co. Ltd. of Hong Kong;
Hisense USA Corporation of Suwanee, GA;
Hisense Electronics Manufacturing Company of America Corporation of Suwanee, GA;
Hisense USA Multimedia R&D Center, Inc., of Suwanee, GA; and
Hisense Inc. of Huntington Beach, CA.
By instituting this investigation (337-TA-1072), 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 17-133
Inv. No(s). TA-201-075
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that increased imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article.
The determination was made in the context of an investigation initiated on May 17, 2017, under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) in response to a petition filed by Suniva, Inc., and supported by SolarWorld Americas, Inc. Information about this investigation and global safeguard investigations in general can be found here: https://www.usitc.gov/sites/default/files/press_room/news_release/201_factsheet_finalasposted.pdf.
The Commission’s determination resulted from a 4-0 vote. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent made affirmative determinations.
As a result of today’s vote, the Commission will proceed to the remedy phase of the investigation. The Commission will hold a public hearing on remedy on October 3, 2017. The Commission will submit its report containing its injury determination, remedy recommendations, certain additional findings, and the basis for them to the President by November 13, 2017.
When the Commission makes an affirmative injury determination in a global safeguard investigation, it is required to make certain additional findings under the implementing statutes for the North American Free Trade Agreement (NAFTA) (Canada and Mexico), the U.S.-Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic), the U.S.-Australia Free Trade Agreement, the U.S.-Korea Free Trade Agreement, the U.S.-Colombia Trade Promotion Agreement, the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area, the U.S.-Panama Trade Promotion Agreement, the U.S.-Peru Free Trade Agreement, and the U.S.-Singapore Free Trade Agreement.
With respect to imports from the NAFTA countries, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Mexico account for a substantial share of total imports and contribute importantly to the serious injury caused by imports. Vice Chairman Johanson and Commissioners Williamson and Broadbent made a negative finding with respect to imports from Canada. Chairman Schmidtlein found such imports from Canada account for a substantial share of total imports and contribute importantly to the serious injury caused by imports.
With respect to imports from Korea, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Korea are a substantial cause of serious injury or threat thereof.
With respect to other FTA countries, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Australia, CAFTA-DR countries, Colombia, Jordan, Panama, Peru, and Singapore individually are not a substantial cause of serious injury or threat thereof.
These findings will be forwarded to the President as part of the Commission’s report.
The President, not the Commission, will make the final decision concerning whether to provide relief to the U.S. industry and the kind of relief to provide, including with respect to imports from FTA countries.
A public report concerning the investigation will be available after the Commission submits its findings and recommendations to the President.
News Release 17-132
Inv. No(s). 701-TA-584 and 731-TA-1382 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain uncoated groundwood paper from Canada 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 to conduct its antidumping and countervailing duty investigations on imports of this product from Canada, with its preliminary countervailing duty determination due on or about November 2, 2017, and its preliminary antidumping duty determination due on or about January 16, 2018.
The Commission’s public report Certain Uncoated Groundwood Paper from Canada (Inv. Nos. 701-TA-584 and 731-TA-1382 (Preliminary), USITC Publication 4732, October 2017) will contain the views of the Commission and information developed during the investigations.
The report will be available after October 23, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Uncoated Groundwood Paper from Canada
Investigation Nos: 701-TA-584 and 731-TA-1382 (Preliminary)
Product Description: Uncoated groundwood paper includes certain paper that has not been coated on either side and with 50 percent or more of the cellulose fiber content consisting of groundwood pulp, including groundwood pulp made from recycled paper, weighing not more than 90 grams per square meter. Groundwood pulp includes all forms of pulp produced from a mechanical pulping process, such as thermo-mechanical process, chemi-thermo mechanical process, bleached chemi-thermo mechanical process or any other mechanical pulping process. Uncoated groundwood paper includes but is not limited to standard newsprint, high bright newsprint, book publishing, directory, and printing and writing papers. Uncoated groundwood paper may be white, off-white, cream, or colored.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: North Pacific Paper Company, Longview, WA.
3. USITC Institution Date: Wednesday, August 09, 2017.
4. USITC Conference Date: Wednesday, August 30, 2017.
5. USITC Vote Date: Friday, September 22, 2017.
6. USITC Notification to Commerce Date: Monday, September 25, 2017.
U.S. Industry in 2016:
1. Number of U.S. producers: 5
2. Location of producers’ plants: Georgia, Mississippi, Tennessee, Virginia, and Washington.
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: Canada, Sweden, Norway, Finland, and Germany.
News Release 17-131
Inv. No(s). 731-TA-847 and 849 (Third 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 carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania 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 Japan and Romania will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioner Irving A. Williamson voted in the affirmative. Commissioner Meredith M. Broadbent voted in the affirmative with respect to Japan and in the negative with respect to Romania.
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 Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania (Inv. Nos. 731-TA-847 and 849 (Third Review), USITC Publication 4731, October 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 31, 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 Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania were instituted on September 1, 2016.
On December 5, 2016, the Commission voted to conduct full reviews. With respect to Romania, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to Japan, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
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.
News Release 17-130
Inv. No(s). 731-TA-1185 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of steel nails from the United Arab Emirates 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 the United Arab Emirates 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 Steel Nails from the United Arab Emirates (Inv. No. 731-TA-1185 (Review), USITC Publication 4729, September 2017) will contain the views of the Commission and information developed during the review.
The report will be available by October 20, 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) review concerning Steel Nails from the United Arab Emirates was instituted on April 3, 2017.
On July 7, 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 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.
News Release 17-129
Inv. No(s). 337-TA-1071
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless audio systems and components thereof. The products at issue in the investigation include speakers, soundbars, receivers, amplifiers, adapters, and audio systems that are typically used to wirelessly stream music or other audio from a device such as a smartphone or laptop to one or more speakers, soundbars, receivers, etc.
The investigation is based on a complaint filed by Broadcom Limited of San Jose, CA, and Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore on August 10, 2017. An amended complaint was filed on August 16, 2017, and supplements to the amended complaint were filed on August 30, 2017. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless audio systems and components thereof that infringe claim 20 of U.S. Patent No. 6,684,060. 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:
DTS, Inc., of Calabasas, CA;
Phorus, Inc., of Calabasas, CA;
MartinLogan, Ltd,. of Lawrence, KS;
Paradigm Electronics Inc. of Ontario, Canada;
Anthem Electronics, Inc., of Ontario Canada;
Wren Sound Systems, LLC, of Phoenixville, PA;
McIntosh Laboratory, Inc., of Binghamton, NY;
Definitive Technology of Owing Mills, MD; and
Polk Audio Inc. of Vista, CA.
By instituting this investigation (337-TA-1071), 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 17-128
Inv. No(s). 337-TA-1070
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain periodontal laser devices and components thereof. The products at issue in the investigation are periodontal lasers used in procedures to promote periodontal tissue regeneration.
The investigation is based on a complaint filed by Millennium Dental Technologies, Inc. of Cerritos, CA, on August 10, 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 periodontal laser devices and components thereof by reason of false advertising. 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:
Fotona d.o.o. of Ljubljana, Slovenia; and
Fotona, LLC of Dallas, TX.
By instituting this investigation (337-TA-1070), 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.