ITC Institutes Section 421 "Market Disruption" Investigation of Innersprings from China
The International Trade Commission (ITC) has issued a notice stating that it has instituted a "market disruption" investigation of innersprings from China under section 421(b) of the Trade Act of 1974 (19 USC 2451(b)) (Trade Act).
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According to the ITC, a petition for this section 421 investigation was filed on behalf of the U.S. member companies of The American Innerspring Manufacturers (AIM) of Memphis, TN. (See ITC's notice for list of petitioning firms.)
Product Description. The products subject to this investigation are uncovered innerspring units which are composed of a series of individual metal springs wired together and fitted to an outer wire frame and are suitable for use as the innerspring component in the manufacture of innerspring mattresses. The imported products are provided for in HTS 9404.29.9010. The ITC states that although the HTS category is provided for convenience and Customs purposes, the written description of the merchandise under investigation is dispositive.
ITC Hearing, Prehearing Conference, Etc. The ITC states that it has scheduled a hearing in connection with this investigation for February 19, 2004 which may address subjects related to both market disruption or the threat thereof and remedy.
The ITC's notice lists various deadlines for requests to appear at the hearing, a prehearing conference, submitting written comments, etc.
(The ITC has previously stated that section 421 was added to the Trade Act by the U.S.-China Relations Act of 2000 to implement a transitional bilateral safeguard provision in the U.S.-China agreement relating to China's accession to the World Trade Organization (WTO). The ITC states that domestic producers can obtain relief under this provision if the ITC finds that Chinese products are being imported into the U.S. in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. See ITT's Online Archives or 02/25/02 news, (Ref:02022515), for BP summary of ITC interim rule amending its regulations with respect to section 421 investigations.)
(This is the fifth section 421 investigation regarding imports from China. See ITT's Online Archives or 01/29/03 news, (Ref:03012930), for BP summary of the President's determination to not provide section 421 import relief for the U.S. pedestal actuator industry, and 04/29/03 news, (Ref:03042930), for BP summary of the President's determination to not provide section 421 import relief for the U.S. steel wire garment hanger industry. See ITT's Online Archives or 08/07/03 news, (Ref:03080730), for BP summary of the ITC's negative determination in the section 421 investigation of certain brake drums and rotors. See ITT's Online Archives or 01/07/04 news, (Ref: 04010725), for BP summary of U.S. Trade Representative's solicitation of comments concerning remedy proposals for certain ductile iron waterworks fittings from China, its fourth section 421 investigation regarding imports from China.)
ITC contact - Brian Allen (202) 708-4728
ITC notice (Inv. No. TA-421-5, FR Pub 01/13/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-694.pdf