U.S. International Trade Commission

The U.S. International Trade Commission (USITC) voted to institute an investigation of components for certain environmentally-protected LCD digital displays and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Samsung Electronics Co., Ltd. of Gyeonggi-do, South Korea, Samsung Electronics America, Inc. of Ridgefield Park, NJ, Samsung Research America, Inc. of Mountain View, CA, and Samsung International, Inc. of Chula Vista, CA on December 5, 2022, as supplemented on December 19, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of components for certain environmentally-protected LCD digital displays and products containing same 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 Manufacturing Resources International, Inc. of Alpharetta, GA as the respondent in this investigation.

By instituting this investigation (337-TA-1349), 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) voted to institute an investigation of certain cabinet x-ray and optical camera systems and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by KUB Technologies, Inc. of Stratford, CT on November 25, 2022, as supplemented on December 9, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cabinet x-ray and optical camera systems and components thereof 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 following respondents in this investigation:

CompAI Healthcare (Shenzhen) Co., Ltd. of Shenzhen, Guangdong, China;

CompAI Healthcare (Suzhou) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai Medical Technology (Changchun) Co., Ltd. of Suzhou, Jiangsu, China;

Kangpai (Beijing) Medical Equipment Co., Ltd. of Suzhou, Jiangsu, China; and

Dilon Technologies, Inc. of Newport News, VA.

By instituting this investigation (337-TA-1348), 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.

• Haiti experienced a surge in foreign direct investment (FDI) following the implementation of the Haitian Hemispheric Opportunity through Partnership Encouragement Act (HOPE I) in 2006, HOPE II in 2008, and the Haiti Economic Lift Program Act (HELP) in 2010. Haiti’s FDI stock grew rapidly during this time, about 17 percent per year, from $300 million in 2006 to $1.74 billion in 2017. However, political instability, insecurity due to increased gang activity, and disruptions due to the COVID-19 pandemic have all contributed to an investment slowdown.
• U.S. imports from Haiti generally increased after the implementation of each U.S. preference program from 1980 to 2021. U.S. apparel imports from Haiti quadrupled after the Caribbean Basin Trade Partnership Act (CBTPA) and HOPE I/HOPE II/HELP programs went into effect, increasing from $231 million in 2001 to $994 million in 2021, with T-shirts accounting for a large proportion of the increase. In 2021, 23.6 percent of total imports ($260.4 million) entered the United States under the CBTPA program and 67.9 percent ($751.3 million) under the HOPE I/HOPE II/HELP program.
• Apparel employment fell sharply in the 1990s as a result of the trade embargo imposed in 1991. Apparel employment partially recovered after implementation of the HOPE I/HOPE II/HELP Acts. As of 2021, the garment industry is once again one of the largest sources of formal employment, providing 53,000–57,000 jobs and supporting more than 450,000 people in the country.
• An analysis of Better Work Haiti compliance assessments since 2009 shows low levels of noncompliance with International Labour Organization core labor standards (forced labor, child labor, freedom of association, collective bargaining, and gender discrimination) but generally high levels of noncompliance with respect to compensation and safety-related metrics. Union representatives and NGOs have indicated that labor issues persist.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain location-sharing systems, related software, components thereof, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Advanced Ground Information Systems, Inc. of Jupiter, FL and AGIS Software Development LLC of Marshall, TX on November 16, 2022, as supplemented on December 13, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain location-sharing systems, related software, components thereof, and products containing same that infringe a patent asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified following respondents in this investigation:

Google LLC of Mountain View, CA;
Samsung Electronics, Co., Ltd. of Suwon, South Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China;
TCL Technology Group Corporation of Guangdong, China;
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong;
TCL Communication Technology Holdings Limited of Hong Kong Science Park, Shatin, New Territories,    Hong Kong;
TCT Mobile (US) Inc. of Irvine, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HMD Global of Espoo, Finland;
HMD Global OY of Espoo, Finland;
HMD America, Inc. of Miami, FL;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc. of Tokyo, Japan;
ASUSTek Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
BLU Products of Doral, FL;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Kyocera Corporation of Kyoto, Japan;
Xiaomi Corporation of Grand Cayman, Cayman Islands;
Xiaomi H.K. Ltd. of Kowloon City, Hong Kong;
Xiaomi Communications Co., Ltd. of Beijing, China; and
Xiaomi Inc. of Beijing, China.

By instituting this investigation (337-TA-1347), 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.

1. Type of investigation:  Final antidumping duty investigation.
2. Petitioner:  Giorgio Foods, Inc., Blandon, Pennsylvania
3. USITC Institution Date:  Thursday, March 31, 2022.
4. USITC Hearing Date:  Thursday, November 17, 2022.
5. USITC Vote Date:  Monday, December 19, 2022.
6. USITC Notification to Commerce Date:  Thursday, January 12, 2023.

1. Number of U.S. producers:  1.
2. Location of producer’s plants: Blandon, Pennsylvania
3. Production and related workers:   
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

1. Subject imports:  $65 million.
2. Nonsubject imports:  $15 million.
3. Leading import sources:  Netherlands, Poland, France, and Spain.

1. Type of investigation:  Final antidumping duty investigations.
2. Petitioner:  Lion Elastomers LLC, Port Neches, Texas.
3. USITC Institution Date:  Monday, November 15, 2021.
4. USITC Hearing Date:  Tuesday, November 08, 2022.
5. USITC Vote Date:  Thursday, December 08, 2022.
6. USITC Notification to Commerce Date:  Tuesday, December 27, 2022.

1. Number of U.S. producers:  2.
2. Location of producers’ plants:  Texas.
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

1. Subject imports:  $41.7 million.
2. Nonsubject imports:  $29.6 million.
3. Leading import sources:  Mexico, Russia, Czechia, Germany, and Taiwan (by volume).

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 Welded Stainless Steel Pipe from South Korea and Taiwan (Fifth Review) (Expedited) were instituted on May 2, 2022.

On August 5, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group responses were adequate and the respondent group responses were inadequate. Chairman Johanson voted for full reviews. Commissioners Schmidtlein, Kearns, Stayin, and Karpel voted for expedited reviews.

A record of the Commission’s vote 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.

A proposed modification to the United States-Korea Free Trade Agreement (KORUS) rules of origin for certain fabrics of triacetate filament yarns is likely to have a negligible effect on U.S. imports and U.S. exports, reports the United States International Trade Commission (USITC) in its publication Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea Free Trade Agreement Rules of Origin (Inv. no. FTA-103-033).

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).

As requested, the report provides advice on the probable economic effect of the proposed modification to the KORUS rules of origin on U.S. trade under the agreement, on total U.S. trade, and on domestic production of the affected articles. The proposed modification, detailed in the USTR's request letter, covers the following heading of the Harmonized Tariff Schedule of the United States (HTS):

• Certain fabrics (under HTS heading 5408) of textured and non-textured triacetate filament yarns (under HTS subheading 5403.33)

The proposed modification to the rules of origin would liberalize the current rules of origin by allowing woven fabrics of artificial filament yarn made in Korea or the United States to be eligible for preferential treatment under KORUS when made with non-originating triacetate yarn. However, U.S. imports of and demand for the affected articles is small. Thus, the likely effect of the proposed modification on imports under KORUS and on total U.S. imports of these products is negligible.

There would be little to no effect on U.S. production or exports of the affected articles because there are no known domestic producers of the articles directly affected by the proposed modification.

Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea Free Trade Agreement Rules of Origin (Inv. FTA-103-033, USITC publication 5383, November 2022) is available at https://www.usitc.gov/publications/332/pub5383.pdf.

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain automated retractable vehicle steps and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Lund Motion Products, Inc. of Brea, CA on October 28, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain automated retractable vehicle steps and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders. 

The USITC has identified following respondents in this investigation:

Anhui Aggeus Auto-Tech Co., Ltd. a/k/a Wuhu Woden Auto Parts Co., Ltd. a/k/a Wuhu Wow-good Auto-tech Co. Ltd. a/k/a Anhui Wollin International Co., Ltd. of Wuhu, Anhui, China;
Rough Country LLC of Dyersburg, TN;br /> Southern Truck LLC a/k/a Top Gun Customz of Swanton, OH;
Meyer Distributing, Inc. of Jasper, IN; and
Earl Owen Company, Inc. of Carrollton, TX.

By instituting this investigation (337-TA-1345), 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) today determined that revoking the existing antidumping duty orders on imports of circular welded carbon-quality steel pipe from Oman, Pakistan, and 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 determinations, the existing orders on imports of this product from Oman, Pakistan, and the United Arab Emirates will remain in place.  

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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 Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, and the United Arab Emirates (Inv. Nos. 731-TA-1299-1300, and 1302 (Review) (Full), USITC Publication 5390, December 2022) will contain the views of the Commission and information developed during the review. 

The report will be available by January 11, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. 

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 Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, and the United Arab Emirates (Review) (Full) were instituted on November 1, 2021.

On February 4, 2022, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that for Oman and Pakistan, the domestic group responses were adequate and the respondent group responses were inadequate; for the United Arab Emirates, the domestic group responses and the respondent group responses were adequate; and voted for full reviews. 

A record of the Commission’s vote 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.