International Trade Commission – Federal Register Recent Federal Regulation Documents
The United States International Trade Commission (``Commission'') amends its Rules of Practice and Procedure concerning adjudication and enforcement. The amendments address concerns that have arisen about the scope of discovery in Commission proceedings under section 337 of the Tariff Act of 1930. The intended effect of the amendments is to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while preserving the opportunity for fair and efficient discovery for all parties.
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 20) of the presiding administrative law judge (``ALJ'') denying respondent's motion for sanctions and granting complainants' motion to terminate the above-referenced investigation in its entirety. The investigation is terminated in its entirety.
Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically the issuance of cease and desist orders. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, DN 2954; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Windshield Wiper Devices and Components Thereof, DN 2953; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure.
Following receipt on April 30, 2013, of a request from the United States Trade Representative (USTR), the Commission instituted investigation Nos. TA-131-038 and TA-2104-030, U.S.-Trans-Pacific Partnership Free Trade Agreement Including Japan: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports.
Notice is hereby given that the U.S. International Trade Commission has determined to modify-in-part and reverse-in-part a final initial determination (``ID'') (Order No. 20) of the presiding administrative law judge (``ALJ'') finding the remaining respondents, Shenzhen Reliap Industrial Co. (``Reliap'') and Yue Qiu Sheng (``Yue''), both of Shenzhen, China, in default and in violation of section 337. The Commission has also determined to affirm Order No. 19 denying Yue's motion for summary determination. The Commission has issued a limited exclusion order directed against covered products of Reliap and Yue.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 3, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Okin America, Inc. of Frederick, Maryland and Dewert Okin GmbH of Germany. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain linear actuators by reason of infringement of U.S. Patent No 5,927,144 (``the '144 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Section 215 of the CBERA (19 U.S.C. 2704) requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers and on the economy of the beneficiary countries. In 1986, the Commission instituted investigation No. 332-227, Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, for the purpose of preparing this series of reports. This 21st report in the series will cover trade during calendar years 2011 and 2012. The Commission has scheduled a public hearing for June 13, 2013, in connection with this report.
Following the receipt of a letter on April 15, 2013, from the United States Trade Representative (USTR), the Commission has extended to August 30, 2013, the date for transmitting its report to USTR in investigation No. 332-534, Renewable Energy and Related Services: Recent Developments.
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the presiding administrative law judge's (``ALJ'') final initial determination on remand (``Remand ID'') issued on February 28, 2013, finding no violation of section 337 of the Tariff Act of 1930, (as amended), 19 U.S.C. 1337 (``section 337''), in the above-captioned investigation, and on review, to affirm the Remand ID's finding of no violation of section 337 with modification. The investigation is terminated.
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the remand initial determination (``RID'') issued by the presiding administrative law judge (``ALJ'') on February 25, 2013.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 28, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ResMed Corporation of San Diego, California; ResMed Incorporated of San Diego, California; and ResMed Limited of Australia. A letter supplementing the Complaint was filed on April 19, 2013. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain sleep-disordered breathing treatment systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,216,691 (``the '691 patent''), U.S. Patent No. 6,935,337 (``the '337 patent''), U.S. Patent No. 7,159,587 (``the '587 patent''), U.S. Patent No. 7,487,772 (``the '772 patent''), U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. Patent No. 7,743,767 (``the '767 patent''), and U.S. Patent No. 7,997,267 (``the '267 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping investigations No. 731-TA-1207-1209 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from prestressed concrete steel rail tie wire from China, Mexico, and Thailand, provided for in subheading 7217.10.80 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by June 7, 2013. The Commission's views are due within five business days thereafter, or by June 14, 2013. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
Notice is hereby given that the U.S. International Trade Commission has found no violation of 337 of the Tariff Act of 1930 in the above-captioned investigation with respect to U.S. Patent No. 6,246,862 (``the '862 patent''). The investigation is terminated with a finding of no violation.
The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the countervailing duty orders on hot-rolled steel products from India, Indonesia, and Thailand and the revocation of the antidumping duty orders on hot-rolled steel products from China, India, Indonesia, Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, which is a limited exclusion order barring the entry of unlicensed DRAM semiconductor chips manufactured by Nanya Technology Corporation of TaoYuan, Taiwan, or Nanya Technology Corporation, U.S.A. of Santa Clara, California, that infringe certain patents asserted in the above-captioned investigation.
Notice is hereby given that the U.S. International Trade Commission has instituted consolidated formal enforcement and modification proceedings relating to the July 25, 2012 consent order issued in the above-captioned investigation.
Following receipt on March 26, 2013, of a request from the United States Trade Representative (USTR), the Commission instituted investigation Nos. TA-131-037 and TA-2104-029, U.S.-EU Transatlantic Trade and Investment Partnership Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports.
Notice is hereby given that the U.S. International Trade Commission has determined not to review an ID (Order No. 25) of the administrative law judge (``ALJ'') granting summary determination of violation by the defaulting respondents.
Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned based on a settlement agreement between the parties. The investigation is terminated in its entirety, and the initial determination previously under review by the Commission is set aside.
Notice is hereby given that the U.S. International Trade Commission has determined to grant a petition to rescind a consent order and not to review an ID (Order No. 20) of the administrative law judge (``ALJ'') terminating the above-captioned enforcement proceeding on the basis of a settlement agreement. Thus, the Commission hereby rescinds the April 10, 2009, consent order against Taiwan Union Technology Corp. (``TUC'') and terminates the enforcement proceeding.
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 35) terminating the investigation on the basis of withdrawal of the complaint.
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 3) of the presiding administrative law judge (``ALJ'') terminating the investigation based on a settlement agreement.
The United States International Trade Commission (``Commission'') amends its Rules of Practice and Procedure concerning rules of general application, adjudication, and enforcement. The amendments are necessary to make certain technical corrections, to clarify certain provisions, to harmonize different parts of the Commission's rules, and to address concerns that have arisen in Commission practice.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 12, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sling Media, Inc. of Foster City, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices having placeshifting or display replication functionality and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,877,776 (``the `776 patent''); U.S. Patent No. 8,051,454 (``the `454 patent''); U.S. Patent No. 8,060,909 (``the `909 patent''); U.S. Patent No. 7,725,912 (``the `912 patent''); U.S. Patent No. 8,266,657 (``the `657 patent''); and U.S. Patent No. 8,365,236 (``the `236 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 29, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Neptune Technologies & Bioressources, Inc. of Canada and Acasti Pharma Inc. of Canada. An amended complaint was filed on March 21, 2013. A supplement to the amended complaint was filed on April 1, 2013. The amended complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain omega-3 extracts from marine or aquatic biomass and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,278,351 (``the `351 patent'') and U.S. Patent No. 8,383,675 (``the `675 patent''). The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 11, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of STMicroelectronics, Inc. of Coppell, Texas. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain microelectromechanical systems (``MEMS Devices'') and products containing same by reason of infringement of U.S. Patent No. 7,450,332 (``the '332 patent''); U.S. Patent No. 7,409,291 (``the '291 patent''); U.S. Patent No. 6,928,872 (``the '872 patent''); U.S. Patent No. 6,370,954 (``the '954 patent''); and U.S. Patent No. 6,034,419 (``the '419 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 21) of the presiding administrative law judge (``ALJ'') terminating the investigation based on a settlement agreement.
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 21) of the presiding administrative law judge (``ALJ'') terminating the investigation based on a consent order stipulation.
The Commission hereby gives notice of the scheduling of a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the antidumping duty order on low enriched uranium from France would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 35), the Commission intends to seek approval from the Office of Management and Budget to survey complainants who obtained exclusion orders that are currently in effect from the U.S. International Trade Commission following proceedings under 19 U.S.C. 1337. The survey will seek feedback on the effectiveness of the exclusion orders in stopping certain imports. Comments from the public concerning the proposed information collection are requested in accordance with 5 CFR 1320.8(d).
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Linear Actuators, DN 2949; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order against certain infringing dimmable compact fluorescent lamps and products containing same, imported by Technical Consumer Products, Inc. of Aurora, Ohio; Shanghai Qiangling Electronics Co., Ltd. of Shanghai, China; Zhejiang Qiang Ling Electronic Co. Ltd. of Zhenjiang, China (collectively, ``TCP'') and U Lighting America Inc. of San Jose, California (``ULA'').
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof, DN 2948; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
Following receipt of a request dated March 11, 2013 from the U.S. Trade Representative (USTR), under authority delegated by the President and pursuant to section 103 of the North American Free Trade Agreement (NAFTA) Implementation Act (19 U.S.C. 3313), the Commission instituted investigation No. TA-103-027, Probable Economic Effect of Certain Modifications to the North American Free Trade Agreement Rules of Origin.
The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1206 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from Japan of diffusion-annealed, nickel-plated steel flat-rolled products, provided for primarily in subheadings 7210.90 and 7212.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value.\1\ Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by May 13, 2013. The Commission's views are due at Commerce within five business days thereafter, or by May 20, 2013.
The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the countervailing duty order on light-walled rectangular pipe and tube from China and revocation of the antidumping duty orders on light- walled rectangular pipe and tube from China, Korea, Mexico, and Turkey would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is May 1, 2013. Comments on the adequacy of responses may be filed with the Commission by June 14, 2013. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January 16, 2009).
The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (``PET film'') from India and the antidumping duty orders on PET film from India and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is May 1, 2013. Comments on the adequacy of responses may be filed with the Commission by June 14, 2013. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January 16, 2009).
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 22, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Neology, Inc. of Poway, California. A letter supplementing the complaint was filed on March 7, 2013. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain radio frequency identification (``RFID'') products and components thereof by reason of infringement of U.S. Patent No. 7,081,819 (``the '819 Patent''); U.S. Patent No. 7,671,746 (``the '746 Patent''); and U.S. Patent No. 6,690,264 (``the '264 Patent''). The complaint further alleges that an industry exists in the United States as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
The Commission hereby gives notice that it will proceed with a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty order on low enriched uranium from France would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``final ID'' or ``ID'') of the presiding administrative law judge (``ALJ'') in its entirety in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''). The ALJ found no violation of section 337. The Commission has further determined to extend the target date for completion of the investigation by two weeks to June 7, 2013.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 20, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lamina Packaging Innovations LLC of Longview, Texas. An amended complaint was filed on March 12, 2013. The amended complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain products having laminated packaging, laminated packaging, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,207,242 (``the `242 patent'') and U.S. Patent No. 7,348,067 (``the `067 patent''). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Computerized Orthopedic Surgical Devices, Software, Implants, and Components Thereof, DN 2945; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
Notice is hereby given that the U.S. International Trade Commission has determined not to review an ID (Order No. 3) of the administrative law judge (``ALJ'') granting a joint motion to correct the named respondents and terminate the above-captioned investigation based on a consent order stipulation. The Commission has issued the subject consent order.
Notice is hereby given that the U.S. International Trade Commission has determined to extend the target date for completion of the investigation until May 31, 2013. The Commission requests additional written submissions from the parties and from the public on the issues indicated in this notice.
