USITC
USITC Announces Remedy Recommendations in its Global Safeguard Investigation Involving Imports of Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products
The United States International Trade Commission (USITC) today announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products).
Today’s action follows the Commission’s September 22, 2017, determination that 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. Information about that determination can be found here: https://www.usitc.gov/press_room/news_release/2017/er0922ll832.htm.
The statements of the Commissioners regarding their remedy recommendations are attached. Full details on their recommendations will be included in the report to the President.
The Commission will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for them, to the President by November 13, 2017.
The President, not the Commission, will make the final decision whether to provide relief to the U.S. industry and the type and amount of relief.
The Commission's public report to the President Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products), Inv. No. TA-201-075, USITC Publication 4739, November 2017, will be available by December 4, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
STATEMENTS OF THE COMMISSIONERS (click here)
USITC Institutes Section 337 Investigation of Certain Shaving Cartridges, Components Thereof, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shaving cartridges, components thereof, and products containing same. The products at issue in the investigation are shaving cartridges that are used together with a shaving handle, which include the Schick Hydro Connect 5 shaving cartridges.
The investigation is based on a complaint filed by The Gillette Company LLC of Boston, MA, on September 25, 2017. A supplement to the complaint was filed on September 28, 2017. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain shaving cartridges, components thereof, and products containing same that infringe a patent 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:
Edgewell Personal Care Company of Chesterfield, MO;
Edgewell Personal Care Brands, LLC of Shelton, CT;
Edgewell Personal Care, LLC of Shelton, CT;
Schick Manufacturing, Inc. of Shelton, CT; and
Schick (Guangzhou) Co., Limited of Getdd. Guangzhou, China.
By instituting this investigation (337-TA-1079), 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 Concerning Certain Amorphous Metal and Products
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain amorphous metal and products containing same. The products at issue in this investigation include amorphous metal and amorphous metal cores used, for example, in electric transformers.
The investigation is based on a complaint filed by Metglas, Inc., of Conway, SC, and Hitachi Metal, Ltd., of Tokyo, Japan, 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 amorphous metal and products containing same that are manufactured using stolen trade secrets asserted by the complainants. The complainants request 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:
Advanced Technology & Materials of Beijing, China;
AT&M International Trading Co., Ltd., of Beijing, China;
CISRI International Trading Co., Ltd., of Beijing, China;
Beijing ZLJG Amorphous Technology Co., Ltd., of Beijing, China; and
Qingdao Yunlu Energy Technology Co., Ltd., of Qingdao, China.
By instituting this investigation (337-TA-1078), 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 Reusable Diapers, Components Thereof, and Products Containing the Same
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.
USITC Institutes Section 337 Investigation of Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (II)
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.
USITC Institutes Section 337 Investigation of Certain Electrochemical Glucose Monitoring Systems and Components Thereof
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.
USITC Issue Follow-Up Report on Economic Effects of Significant U.S. Import Restraints
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
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning High Pressure Steel Cylinders from China
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.
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Certain Stilbenic Optical Brightening Agents from China and Taiwan
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.
USITC Institutes Section 337 Investigation Concerning Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and
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.