News Release 17-039
Inv. No(s). 731-TA-696 (Fourth 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 pure magnesium (ingot) 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, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Pure Magnesium from China (Inv. No. 731-TA-696 (Fourth Review), USITC Publication 4678, March 2017) will contain the views of the Commission and information developed during the review.
The report will be available by April 19, 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 Pure Magnesium from China was instituted on October 3, 2016.
On January 6, 2017, the Commission voted to conduct an expedited review. Then-Chairman Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioners Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Then-Commissioner Dean A. Pinkert did not participate in this 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 17-038
Inv. No(s). 701-TA-452 and 731-TA-1177 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on certain aluminum extrusions 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 this product from China will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff 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 Aluminum Extrusions from China (Inv. Nos. 701-TA-475 and 731-TA-1177 (Review), USITC Publication 4677, March 2017) will contain the views of the Commission and information developed during the reviews.
The report will be available by April 17, 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 Aluminum Extrusions from China were instituted on April 1, 2016.
On July 5, 2016, the Commission voted to conduct full reviews. Then-Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate. Commissioners Johanson, Broadbent, and Kieff concluded that circumstances warranted full reviews.
A record of the Commission’s vote 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 15-042
Inv. No(s). 701-TA-514 and 731-TA-1250 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that the establishment of a U.S. industry is not materially retarded by reason of imports of 53-foot domestic dry containers from China that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the negative. Commissioner F. Scott Kieff did not participate in the final phase of these investigations.
As a result of the USITC’s negative determinations, no antidumping or countervailing duty orders will be issued on imports of these products from China.
The Commission’s public report 53-Foot Domestic Dry Containers from China (Investigation Nos. 701-TA-514 and 731-TA-1250 (Final), USITC Publication 4537, June 2015) will contain the views of the Commissioners and information developed during the investigations.
The report will be available by June 22, 2015; 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
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
53-Foot Domestic Dry Containers from China
Investigation Nos. 701-TA-514 and 731-TA-1250 (Final)
Product Description: The product subject to investigation includes closed van containers exceeding 48 feet, but generally measuring 53 feet in length, which are designed to transport dry goods primarily by rail or by road vehicles, or by a combination of both modes, largely within North America. Domestic containers are closed on all sides, including the top, and accessed through lockable double doors at one end. Domestic containers are “dry” because they are not designed or intended for carrying liquids or goods requiring refrigeration. In addition, domestic containers have various handlings and fittings so that the containers can be lifted and then mounted on various platforms, such as a chassis, a railroad well car, or a ship, for movement.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioner: Stoughton Trailers, LLC.
3. Investigation instituted by USITC: April 23, 2014.
4. USITC hearing: April 16, 2015.
5. USITC vote: May 19, 2015.
6. USITC notification of Department of Commerce: June 1, 2015.
U.S. Industry:
1. Number of U.S. producers in 2014: 2.
2. Location of producers’ plants: Wisconsin and Alabama.
3. Employment of production and related workers in 2014: [1]
4. U.S. producers’ U.S. shipments in 2014: 1
5. Apparent U.S. consumption in 2014: 1
6. Ratio of subject imports to apparent U.S. consumption in 2014: 1
U.S. Imports in 2014:
1. From the subject countries during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: China.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 15-038
Inv. No(s). 332-549
Contact: Peg O'Laughlin, 202-205-1819
The global rice market is characterized by relatively low trading volumes and heavy government intervention in both imports and exports, according to the U.S. International Trade Commission in its report Rice: Global Competitiveness of the U.S. Industry.
Exports only account for 8% of global rice production, significantly less than for other grains and oilseeds even though rice serves as a staple in the diet of more people than any other food, according to the report.
The USITC, an independent, nonpartisan, factfinding federal agency, prepared the report at the request of the House Committee on Ways and Means.
The report states that government intervention is often aimed at keeping prices affordable, especially for low-income consumers. In some cases, government intervention also encourages domestic production to promote national self-sufficiency. Other highlights of the report include:
- Global rice production and consumption are highly concentrated in Asia. Rice is the primary staple food for most of the population in Asia, especially for the poor. [Read More]
- The top three worldwide exporters are India, Thailand, and Vietnam, followed by Pakistan and the United States.
- Of government policies for rice in place in 2013, import tariffs on rice in major consuming countries had the largest impact on U.S. production and exports. [Read More]
- The United States faces little direct competition in its domestic market, but in recent years it has lost market share in key export markets, such as Mexico, Central America, the European Union, Haiti, and Ghana. The United States exports about 50 percent of its production. [Read More]
- The major rice producing countries can be characterized as follows: 1) major consumers and surplus producers, 2) major consumers and importers, or 3) major exporters but not major consumers.
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Countries that are both major rice consumers and surplus producers, such as India and Thailand, typically provide support for rice producers and consumers. These countries also impose export controls if prices rise.
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Countries that are principally rice consuming and importing countries, such as Indonesia and the Philippines, typically provide a support for rice producers and consumers, and maintain control of rice imports, generally through state trading.
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Countries that are major exporters of rice but not major consumers, such as the United States and Uruguay, typically provide less extensive support for rice producers than do major consuming countries.
- Low-cost producers of long grain white rice (the most-commonly traded rice type and form) include Burma, Cambodia, India, Pakistan, Uruguay, and Vietnam, while the most highly reliable exporters of long grain white rice include Uruguay and the United States. [Read More]
As requested, the report provides:
- an overview of the rice industry in the United States and other major global producing and exporting countries,
- information on recent trade trends and developments in the global market for rice,
- a comparison of the competitive strengths and weaknesses of rice production and exports in the United States and other major exporting countries,
- a quantitative assessment of the impact of government policies and programs of major producing and exporting countries, and
- an overview of the impact on the U.S. rice industry of rice exports from the highlighted countries to the United States and to traditional markets of the United States.
The report features quantitative analyses of policies and production changes that affect the global rice industry. These policy measures include production policies, consumption policies, and trade policies. Quantitative analyses used the RiceFlow model, a global partial-equilibrium model of three types of rice (long grain, medium and short grain, and aromatic), and three different processing levels (paddy or rough, brown, and white rice). The report also includes information on competitiveness of rice production in selected producing countries. The report provides a description of rice production, consumption, and trade, by region, including:
- The United States [Read More]
- East Asia [Read More]
- South Asia [Read More]
- Southeast Asia Mainland [Read More]
- Southeast Asia Islands [Read More]
- South America [Read More]
Rice: Global Competitiveness of the U.S. Industry (Inv. No. 332-549, USITC publication 4530, April 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4530.pdf.
USITC general factfinding investigations, such as this one, 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 USITC's objective findings and independent analyses on the subject investigated. The USITC 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 reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
News Release 15-034
Inv. No(s). 337-TA-955
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain protective cases for electronic devices and components thereof. The products at issue in the investigation are certain types of protective cases that are typically used for consumer devices such as smartphones, tablets, and notebook computers.
The investigation is based on a complaint filed by Otter Products, LLP, of Fort Collins, CO, on March 11, 2015. An amended complaint was filed on March 25, 2015. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain protective cases for electronic devices and components thereof that infringe patents asserted by Otter Products. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Speculative Product Design, LLC, of San Mateo, CA; and
Tech21 UK Limited of Twickenham, United Kingdom.
By instituting this investigation (337-TA-955), 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 15-032
Contact: Peg O'Laughlin, 202-205-1819
Meredith M. Broadbent, Chairman of the United States International Trade Commission (USITC), announced today that Catherine B. DeFilippo has been named Director of Operations at the USITC.
DeFilippo will oversee the investigative and research activities of the agency’s Offices of Investigations, Unfair Import Investigations, Industries, Economics, Tariff Affairs and Trade Agreements, and Analysis and Research Services.
“Cathy DeFilippo brings years of outstanding experience and sound judgment to her new role as Director of Operations,” said Chairman Broadbent. “She knows the agency extremely well and has developed strong relationships with our stakeholders and staff. The Commission looks forward to benefiting from her unique strengths of personality, dedication, common sense, and collegiality.”
DeFilippo has served as Director of the USITC’s Office of Investigations since September 2009. In that role, she oversaw the planning and conduct of the USITC’s import injury investigations under the antidumping and countervailing duty provisions of the Tariff Act of 1930, the global safeguard provisions of the Trade Act of 1974, and other import injury statutes. She served as the Chief of the Applied Economics Division in the Commission’s Office of Economics from 2001 to 2009, leading that office’s work in assessing pricing and the conditions of competition in the U.S. markets for products involved in the Commission’s import injury investigations.
From 2000-2001, DeFilippo served as a senior economist in the office of Commissioner Deanna Tanner Okun. Prior to that, she worked in the USITC’s Office of Economics from 1986 to 2000, first as an economist, then as an international economist in the Investigation Support Division, and finally as a senior international economist in the Applied Economics Division.
DeFilippo holds a master of business administration degree with an emphasis on international business and economics from the University of Maryland and a bachelor of arts degree in economics from Boston College. She resides in Potomac, Maryland, with her husband and two children.
The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent and trademark infringement.
News Release 15-030
Inv. No(s). 337-TA-954
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain variable valve actuation devices and automobiles containing the same. The products at issue in the investigation include certain types of valves that open and close with variable timing that are typically found in combustion automobile engines and vehicles with such engines.
The investigation is based on a complaint filed by Jacobs Vehicle Systems Inc. of Bloomfield, CT, on March 10, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain variable valve actuation devices and automobiles containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
FCA US LLC of Auburn Hills, MI;
FCA México, S.A. de C.V. of Santa Fe, México;
Sata-Società Automobilistica Tecnologie Avanzate S.p.A. of Melfi Potenza Italy;
Fiat Automobili Srbija Doo of Kragujevac, Serbia; and
Fiat Chrysler Automobiles N.V. of Slough, United Kingdom.
By instituting this investigation (337-TA-954), 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 15-026
Inv. No(s). 337-TA-952
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras. The products at issue in the investigation include smartphones, tablet computers, digital media players, and smartwatches.
The investigation is based on a complaint filed by Ericsson Inc., of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on February 26, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Apple, Inc., a/k/a Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-952), 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 15-025
Inv. No(s). 337-TA-951
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same. The products at issue in the investigation are lithium transition metal oxide cathode materials used in certain lithium-ion batteries. Also at issue in the investigation are lithium-ion batteries for power tools containing lithium transition metal oxide cathode materials and power tools with lithium-ion batteries containing lithium transition metal oxide cathode materials.
The investigation is based on a complaint filed by BASF Corporation of Florham Park, NJ, and UChicago Argonne LLC, of Lemont, IL, on February 20, 2015. The complaint was supplemented on March 13, 2015. 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 lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Umicore N.V. of Brussels, Belgium;
Umicore USA Inc. of Raleigh, NC;
Makita Corporation of Aichi, Japan;
Makita Corporation of America of Buford, GA; and
Makita U.S.A. Inc. of La Mirada, CA.
By instituting this investigation (337-TA-951), 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 15-023
Inv. No(s). 704-TA-1 and 734-TA-1
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.
Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.
As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect.
All six Commissioners voted in the affirmative.
The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI. These are the first reviews that the Commission has conducted under sections 704(h) and 734(h). Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.
Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations. Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests.
If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective. If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.
The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.