The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain clidinium bromide and products containing same.  The products at issue in the investigation are capsules containing 2.5 mg of clidinium bromide and 5 mg of chlordiazepoxide hydrochloride as active ingredients.

The investigation is based on a complaint filed by Valeant Pharmaceuticals North America LLC of Bridgewater, NJ, and Valeant Pharmaceuticals International, Inc., of Quebec, Canada, on February 20, 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 clidinium bromide and products containing same that the complainants allege are marketed using false or misleading advertising concerning the FDA approval status of the imported products, thus constituting unfair methods of competition under the Lanham Act, 15 U.S.C. § 1125(a).  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:

Bi-Coastal Pharma International LLC of Shrewsbury, NJ;
Bi-Coastal Pharmaceutical Corporation of Shrewsbury, NJ;
ECI Pharmaceuticals LLC of Fort Lauderdale, FL;
Virtus Pharmaceuticals LLC of Tampa, FL; and
Virtus Pharmaceuticals OPCO II LLC of Nashville, TN.

By instituting this investigation (337-TA-1109), 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 instituted an investigation related to the President’s request to Congress for an extension of his trade authorities procedures.

The President submitted a request to Congress on March 20, 2018, for an extension of trade authorities procedures, commonly known as trade promotion authority.  At the same time, the USTR notified the USITC of the President’s request.  The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Bipartisan Trade Act) requires the USITC, having been notified of the President’s request, to provide a report to Congress that contains a review and analysis of the economic impact on the United States of all trade agreements implemented between the date of the enactment of the Bipartisan Trade Act and the date of the President’s notification to Congress. 

The USITC is unaware of any trade agreements that were implemented under the Bipartisan Trade Act between the date of its enactment and March 20, 2018.  While at least one trade agreement was negotiated during this period, the Trans-Pacific Partnership Agreement, it was not implemented during this period.

The USITC, an independent, nonpartisan, factfinding federal agency, will provide the required report to the USTR by June 1, 2018. 

The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC, 20436, and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 2, 2018.

Further information on the investigation and the procedures for written submissions is available in the USITC’s notice of investigation, dated April 12, 2018, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.

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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain jump rope systems.  The products at issue in the investigation are jump ropes with handles that contain a bearing element that permits a shaft to more easily rotate.

The investigation is based on a complaint filed by Jump Rope Systems, LLC, of Louisville, CO, on February 13, 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 jump rope systems that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist order.

The USITC has identified Suzhou Everise Fitness Co., Ltd., of Suzhou, Jiangsu, China as the respondent in this investigation.

By instituting this investigation (337-TA-1108), 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) is seeking input on a new investigation concerning proposed modifications to the United States-Korea Free Trade Agreement (FTA) regarding the staging of customs duties for certain motor vehicles.

The investigation, U.S.-Korea FTA: Advice on Modifications to Duty Rates for Certain Motor Vehicles, was requested by the U.S. Trade Representative (USTR) in a letter received on April 6, 2018.  The letter included an attachment detailing the articles affected by the proposed modifications. 

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed U.S.-Korea FTA staging of customs duty modifications on U.S. trade under the Agreement and on domestic producers of the affected articles.

The USITC expects to submit its advice to the USTR by June 1, 2018.  A public version of the report, with all confidential business information deleted, will be released as soon as possible thereafter.

The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC, 20436, and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 1, 2018.

Further information on the scope of this investigation, the proposed staging of customs duty modifications, and the procedures for written submissions is available in the USITC’s notice of investigation, dated April 12, 2018, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LED lighting devices and components thereof.  The products at issue in the investigation are commercial LED lighting fixtures containing color-mixing zoom optics.

The investigation is based on a complaint filed by Fraen Corporation of Reading, MA, on March 6, 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 LED lighting devices and components thereof that infringe patents 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:

Chauvet & Sons, Inc., of Sunrise, FL;
ADJ Products, LLC, of Los Angeles, CA;
Elation Lighting, Inc., of Los Angeles, CA;
Golden Sea Professional Equipment Co., Ltd., of Guangzhou, Guangdong, China;
Artfox USA, Inc., of City of Industry, CA;
Artfox Electronics Co., Ltd., of Guangzhou, Guangdong, China;
Guangzhou Chaiyi Light Co., Ltd. d/b/a Fine Art Lighting Co., Ltd., of Guangzhou, Guangdong, China;
Guangzhou Xuanyi Lighting Co., Ltd. d/b/a XY E-Shine of Guangzhou, Guangdong, China;
Guangzhou Flystar Lighting Technology Co., Ltd., of Guangzhou, Guangdong, China; and
Wuxi Changsheng Special Lighting Apparatus Factory d/b/a Roccer of Wuxi, Jiangsu, China.

By instituting this investigation (337-TA-1107), 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 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.  Commissioner Jason E. Kearns did not participate in these investigations.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Argentina and Indonesia.

The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from Argentina.  As a result, imports of biodiesel from Argentina will not be subject to retroactive antidumping duties.

The Commission’s public report Biodiesel from Argentina and Indonesia, (Inv. Nos. 731-TA-1347-1348 (Final), USITC Publication 4775, April 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by May 7, 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

Biodiesel from Argentina and Indonesia
Investigation Nos. 731-TA-1347-1348 (Final)

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 antidumping 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 (antidumping duty):  April 3, 2018.
6.   USITC notification to Commerce (antidumping duty):  April 16, 2018.

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 U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of honey 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.  Commissioner Jason E. Kearns did not participate in this review.

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 Honey from China (Inv. No. 731-TA-893 (Third Review), USITC Publication 4776, April 2018) will contain the views of the Commission and information developed during the review.

The report will be available by May 7, 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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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 Honey from China was instituted on November 1, 2017.

On February 5, 2018, 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 was adequate and the respondent group response was inadequate and voted for an expedited review. Vice Chairman David S. Johanson 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 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.

Jason E. Kearns, a Democrat of Colorado, was sworn in today as a Commissioner of the U.S. International Trade Commission. He was nominated to the USITC by President Barack Obama on January 17, 2017; nominated by President Donald Trump on June 29, 2017; and confirmed by the U.S. Senate on March 1, 2018, for the term expiring on December 16, 2024.

Commissioner Kearns served as trade counsel for 11 years on the Democratic staff of the Committee on Ways and Means of the U.S. House of Representatives, including for the last five years as Chief International Trade Counsel.  Prior to his employment at the Committee on Ways and Means, he was the Assistant General Counsel of the Office of the U.S. Trade Representative from 2003-2006.  He also served as an adjunct professor teaching international trade law at the Washington College of Law at American University in Washington, DC, in 2004.

Earlier in his career, Commissioner Kearns practiced international trade law at the law firm of Wilmer, Culter & Pickering (now WilmerHale) from 2000-2003 and worked at the law firm of Mayer, Brown & Platt from 1995-1998. 

Commissioner Kearns holds a Bachelor of Arts degree from the University of Denver, a Juris Doctor degree from the University of Pennsylvania School of Law, and a Master of Public Policy degree from Harvard University.  Originally from Keenesburg, Colorado, he resides in Washington D.C. with his wife, Lindy, and three children.

The USITC is an independent, quasi-judicial federal agency with broad investigative responsibilities on matters of trade. The agency investigates the effects of dumped and subsidized imports on domestic industries and conducts global safeguard investigations. The Commission also adjudicates cases involving imports that allegedly infringe intellectual property rights. Through such proceedings, the agency facilitates a rules-based international trading system. The Commission also serves as a Federal resource where trade data and other trade policy-related information are gathered and analyzed. The information and analysis are provided to the President, the Office of the United States Trade Representative (USTR), and Congress to facilitate the development of sound and informed U.S. trade policy.

The mission of the Commission is to (1) administer U.S. trade remedy laws within its mandate in a fair and objective manner; (2) provide the President, USTR, and Congress with independent analysis, information, and support on matters of tariffs, international trade, and U.S. competitiveness; and (3) maintain the Harmonized Tariff Schedule of the United States (HTS).

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of foundry coke 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 Foundry Coke from China (Inv. No. 731-TA-891 (Third Review), USITC Publication 4774, April 2018) will contain the views of the Commission and information developed during the review.

The report will be available by May 17, 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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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 Foundry Coke from China was instituted on May 1, 2017.

On August 4, 2017, the Commission voted to conduct a full review.  Vice Chairman David S. Johanson and Commissioner Meredith M. Broadbent concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.  Chairman Rhonda K. Schmidtlein and Commissioner Irving A. Williamson concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s votes to conduct a full 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges and components thereof.  The products at issue in the investigation are replaceable toner cartridges and photosensitive drum units contained in or sold for use in such cartridges.

The investigation is based on a complaint filed by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on February 28, 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 toner cartridges and components thereof that infringe patents 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:

Ninestar Corporation of Guangdong, China;
Ninestar Image Tech Limited of Guangdong, China;
Ninestar Technology Company, Ltd., of City of Industry, CA;
Apex Microtech Ltd. of Hong Kong;
Static Control Components, Inc., of Sanford, NC;
Aster Graphics, Inc., of Placentia, CA;
Jiangxi Yibo E-tech Co., Ltd., of Xinyu City, Jiangxi, China;
Aster Graphics Co., Ltd., of Guangdong, China;
Print-Rite Holdings Ltd. of Hong Kong;
Print-Rite N.A., Inc., of La Vergne, TN;
Union Technology Int’l (M.C.O.) Co. Ltd. of Rodrigues, Macau;
Print-Rite Unicorn Image Products Co. Ltd. of Zhuhai, China;
Kingway Image Co., Ltd. d/b/a Zhu Hai Kingway Image Co., Ltd., of Zhuhai, China;
Ourway Image Tech. Co., Ltd., of Zhuhai, China;
Ourway Image Co., Ltd., of Zhuhai, China;
Zhuhai Aowei Electronics Co., Ltd., of Zhuhai, China;
Ourway US Inc. of City of Industry, CA;
Acecom, Inc. - San Antonio d/b/a InkSell.com of San Antonio, TX;
ACM Technologies, Inc., of Corona, CA;
Arlington Industries, Inc., of Waukegan, IL;
Bluedog Distribution Inc. of Hollywood, FL;|
Do It Wiser LLC d/b/a Image Toner of Alpharetta, GA;
EIS Office Solutions, Inc., of Houston, TX;
eReplacements, LLC, of Grapevine, TX;
Frontier Imaging Inc. of Compton, CA;
Garvey’s Office Products, Inc., of Niles, IL;
Global Cartridges of Burlingame, CA;
GPC Trading Co., Limited d/b/a GPC Image of Hong Kong;
Hong Kong BoZe Co., Limited d/b/a Greensky of Hong Kong;
Master Print Supplies, Inc. d/b/a HQ Products of Burlingame, CA;
i8 International, Inc. d/b/a Ink4Work.com of City of Industry, CA;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
LD Products, Inc., of Long Beach, CA;
Linkyo Corp. d/b/a SuperMediaStore.com of La Puente, CA;
CLT Computers, Inc. d/b/a Multiwave and MWave of Walnut, CA;
Imaging Supplies Investors, LLC d/b/a SuppliesOutlet.com, SuppliesWholesalers.com, and        OnlineTechStores.com of Reno, NV;
Online Tech Stores, LLC d/b/a SuppliesOutlet.com, SuppliesWholesalers.com, and OnlineTechStores.com of Grand Rapids, MI;
Kuhlmann Enterprises, Inc. d/b/a Precision Roller of Phoenix, AZ;
Print After Print, Inc. d/b/a OutOfToner.com of Phoenix, AZ;
Fairland, LLC d/b/a ProPrint of Anaheim Hills, CA;
Reliable Imaging Computer Products, Inc., of Northridge, CA;
Apex Excel Limited d/b/a ShopAt247 of Rowland Heights, CA;
The Supplies Guys, LLC, of Lancaster, PA;
Billiontree Technology USA Inc. d/b/a Toner Kingdom of City of Industry, CA;
FTrade Inc. d/b/a ValueToner of Staten Island, NY;
V4INK, Inc., of Ontario, CA;
World Class Ink Supply, Inc., of Woodbury, NJ;
9010-8077 Quebec Inc. d/b/a Zeetoner of Quebec, Canada; and
Zinyaw LLC d/b/a TonerPirate.com and Supply District of Houston, TX.

By instituting this investigation (337-TA-1106), 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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