Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same; Notice of Institution of Investigation, 49343-49344 [2021-18932]

Download as PDF Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices Meeting Purpose/Objective: The NIAC will meet in an open meeting on Wednesday, September 22, 2021, to present, deliberate, and vote on the Workforce and Talent Management Study Report. Public Participation Meeting Registration Information Requests to attend via conference call will be accepted and processed in the order in which they are received. Individuals may register to attend the NIAC meeting by phone by sending an email to NIAC@cisa.dhs.gov. Public Comment While this meeting is open to the public, participation in FACA deliberations are limited to council members. A public comment period will be held during the meeting from approximately 2:35 p.m.–2:45 p.m. EDT. Speakers who wish to comment must register in advance and can do so by emailing NIAC@cisa.dhs.gov no later than 5:00 p.m. EDT on Sunday, September 19, 2021. Speakers are requested to limit their comments to three minutes. Please note that the public comment period may end before the time indicated, following the last call for comments. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, please contact NIAC@ cisa.dhs.gov by 5:00 p.m. EDT on Sunday, September 19, 2021. Rachel Liang, Designated Federal Officer, President’s National Infrastructure Advisory Council, Cybersecurity and Infrastructure Security Agency, Department of Homeland Security. [FR Doc. 2021–18973 Filed 9–1–21; 8:45 am] BILLING CODE 9110–9P–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1279] lotter on DSK11XQN23PROD with NOTICES1 Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 9, 2021, under section 337 of the Tariff SUMMARY: VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 Act of 1930, as amended, on behalf of Copan Italia S.p.A. of Brescia, Italy and Copan Industries, Inc. of Aguadilla, Puerto Rico. Supplements to the Complaint were filed on August 16, 2021, August 19, 2021, and August 20, 2021. The complaint, as supplemented, 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 flocked swabs, products containing flocked swabs, and methods of using same by reason of infringement of certain claims of U.S. Patent No. 9,011,358 (‘‘the ’358 Patent’’); U.S. Patent No. 9,173,779 (‘‘the ’779 Patent’’); and U.S. Patent No. 10,327,741 (‘‘the ’741 Patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 27, 2021, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 49343 violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1, 6–9, 11–14, 16–19, and 21–22 of the ’358 patent; claims 1, 4–6, 8, 9, 11–13, 16–20, and 22–24 of the ’779 patent; and claims 1, 3, 5, 7–10, 18, and 20 of the ’741 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘flocked swabs, such as nasopharyngeal swabs, and kits containing flocked swabs, that are used in the collection, sampling, or testing of and for infectious diseases such as influenza, SARS–CoV–2 (the coronavirus that causes COVID–19), and other diseases’’; (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Copan Italia S.p.A., Via F. Perotti 10, 25125, Brescia, Italy Copan Industries, Inc., 1068 Ave. General Ramey, #789 San Antonio, Puerto Rico 00690 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Han Chang Medic, 79–35 Jangsan 2-Gil, Susin-Myeon, Dongnam-Gu, Cheonan, Chungnam, 31252, Republic of Korea Wuxi NEST Biotechnology Co., Ltd., No. 530, Xida Road, Meicun Industrial Park, Xinwu District, Wuxi, Jiangsu, 214112, China NEST Scientific Inc., 1592 Hart St Unit 12, Rahway, NJ 07065–5519 NEST Scientific USA, 1592 Hart St Unit 12, Rahway, NJ 07065–5519 Miraclean Technology Co., Ltd., 301, Bldg. A, No. 18 Factory Building, E:\FR\FM\02SEN1.SGM 02SEN1 lotter on DSK11XQN23PROD with NOTICES1 49344 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices Rongshuxa Industrial Zone, Tongxin Community, Baolong Str., Longgang Dist., Shenzhen, Guangdong, 518116, China Vectornate Korea Ltd., 56 Nanosandan 2-ro, Jinwon-myeon, Jangseong, Jeonnam, 57247, Republic of Korea Vectornate USA, Inc., 10 Industrial Ave Ste 4, Mahwah, NJ 07430–2284 Innovative Product Brands, Inc., 7045 Palm Avenue, Highland, CA 92346– 3291 Thomas Scientific, Inc., 1654 High Hill Rd, Swedesboro, NJ 08085–1780 Thomas Scientific, LLC, 1654 High Hill Rd, Swedesboro, NJ 08085–1780 Stellar Scientific, LLC, 40 New Plant Ct, Owings Mills, MD 21117–4356 Cardinal Health, Inc., 7000 Cardinal Pl, Dublin, OH 43017–1091 Ksl Biomedical, Inc., 1000 Youngs Rd Ste 210, Williamsville, NY 14221– 2644 Ksl Diagnostics, Inc., 1000 Youngs Rd Ste 207, Williamsville, NY 14221– 2644 Jiangsu Changfeng Medical Industry Co., Ltd., Seat of Touqiao Town, Guangling District, Yangzhou, Jiangsu, 225108, China No Borders Dental Resources, Inc., dba MediDent Supplies, 18716 E Old Beau Trl, Queen Creek, AZ 85142–3522 BioTeke Corporation (Wuxi) Co., Ltd., 4th Floor-A, D5, No. 1719, Huishan Avenue, Wuxi, Jiangsu, 214174, China Fosun Pharma USA Inc., 104 Carnegie Ctr Ste 204, Princeton, NJ 08540–6232 Hunan Runmei Gene Technology Co., Ltd., Room 401, Building No. 3 in ChangSha Medical and Health Industrial Park, No. 1048 Zhong Qing Road, Kai Fu District, Changsha, Hunan, 410153, China VWR International, LLC, 100 W Matsonford Rd Ste 1, Radnor, PA 19087–4565 Slmp, LLC dba StatLab Medical Products, 2090 Commerce Dr., McKinney, TX 75069–8203 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 considered by the Commission if received not later than 20 days after the date of service by the complainants of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: August 27, 2021. Katherine Hiner, Supervisory Attorney. [FR Doc. 2021–18932 Filed 9–1–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1278] Certain Radio Frequency Transmission Devices and Components Thereof Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Zebra Technologies Corporation of Lincolnshire, Illinois. A supplement to the complaint was filed on August 13, 2021. The complaint, as supplemented, 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 transmission devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,895,219 (‘‘the ’219 patent’’) and U.S. Patent No. 7,683,788 (‘‘the ’788 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established as SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. ADDRESSES: The complaint, as supplemented, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 26, 2021, Ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1, 3–8, and 10, 11, and 13–16 of the ’219 patent and claims 17–19 of the ’788 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is (i) ‘‘RF transmission devices generally capable of transmitting and receiving data; and (ii) E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49343-49344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18932]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1279]


Certain Flocked Swabs, Products Containing Flocked Swabs, and 
Methods of Using Same; Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 9, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Copan Italia S.p.A. 
of Brescia, Italy and Copan Industries, Inc. of Aguadilla, Puerto Rico. 
Supplements to the Complaint were filed on August 16, 2021, August 19, 
2021, and August 20, 2021. The complaint, as supplemented, 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 flocked swabs, products containing flocked 
swabs, and methods of using same by reason of infringement of certain 
claims of U.S. Patent No. 9,011,358 (``the '358 Patent''); U.S. Patent 
No. 9,173,779 (``the '779 Patent''); and U.S. Patent No. 10,327,741 
(``the '741 Patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute. The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 27, 2021, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 6-9, 11-14, 16-19, and 21-22 of the '358 patent; claims 1, 4-
6, 8, 9, 11-13, 16-20, and 22-24 of the '779 patent; and claims 1, 3, 
5, 7-10, 18, and 20 of the '741 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``flocked swabs, such 
as nasopharyngeal swabs, and kits containing flocked swabs, that are 
used in the collection, sampling, or testing of and for infectious 
diseases such as influenza, SARS-CoV-2 (the coronavirus that causes 
COVID-19), and other diseases'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Copan Italia S.p.A., Via F. Perotti 10, 25125, Brescia, Italy
Copan Industries, Inc., 1068 Ave. General Ramey, #789 San Antonio, 
Puerto Rico 00690

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Han Chang Medic, 79-35 Jangsan 2-Gil, Susin-Myeon, Dongnam-Gu, Cheonan, 
Chungnam, 31252, Republic of Korea
Wuxi NEST Biotechnology Co., Ltd., No. 530, Xida Road, Meicun 
Industrial Park, Xinwu District, Wuxi, Jiangsu, 214112, China
NEST Scientific Inc., 1592 Hart St Unit 12, Rahway, NJ 07065-5519
NEST Scientific USA, 1592 Hart St Unit 12, Rahway, NJ 07065-5519
Miraclean Technology Co., Ltd., 301, Bldg. A, No. 18 Factory Building,

[[Page 49344]]

Rongshuxa Industrial Zone, Tongxin Community, Baolong Str., Longgang 
Dist., Shenzhen, Guangdong, 518116, China
Vectornate Korea Ltd., 56 Nanosandan 2-ro, Jinwon-myeon, Jangseong, 
Jeonnam, 57247, Republic of Korea
Vectornate USA, Inc., 10 Industrial Ave Ste 4, Mahwah, NJ 07430-2284
Innovative Product Brands, Inc., 7045 Palm Avenue, Highland, CA 92346-
3291
Thomas Scientific, Inc., 1654 High Hill Rd, Swedesboro, NJ 08085-1780
Thomas Scientific, LLC, 1654 High Hill Rd, Swedesboro, NJ 08085-1780
Stellar Scientific, LLC, 40 New Plant Ct, Owings Mills, MD 21117-4356
Cardinal Health, Inc., 7000 Cardinal Pl, Dublin, OH 43017-1091
Ksl Biomedical, Inc., 1000 Youngs Rd Ste 210, Williamsville, NY 14221-
2644
Ksl Diagnostics, Inc., 1000 Youngs Rd Ste 207, Williamsville, NY 14221-
2644
Jiangsu Changfeng Medical Industry Co., Ltd., Seat of Touqiao Town, 
Guangling District, Yangzhou, Jiangsu, 225108, China
No Borders Dental Resources, Inc., dba MediDent Supplies, 18716 E Old 
Beau Trl, Queen Creek, AZ 85142-3522
BioTeke Corporation (Wuxi) Co., Ltd., 4th Floor-A, D5, No. 1719, 
Huishan Avenue, Wuxi, Jiangsu, 214174, China
Fosun Pharma USA Inc., 104 Carnegie Ctr Ste 204, Princeton, NJ 08540-
6232
Hunan Runmei Gene Technology Co., Ltd., Room 401, Building No. 3 in 
ChangSha Medical and Health Industrial Park, No. 1048 Zhong Qing Road, 
Kai Fu District, Changsha, Hunan, 410153, China
VWR International, LLC, 100 W Matsonford Rd Ste 1, Radnor, PA 19087-
4565
Slmp, LLC dba StatLab Medical Products, 2090 Commerce Dr., McKinney, TX 
75069-8203

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: August 27, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18932 Filed 9-1-21; 8:45 am]
BILLING CODE 7020-02-P