International Trade Commission 2009 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the limited exclusion order and cease and desist orders issued at the conclusion of the above-captioned investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hexagon Metrology AB of Sweden and Hexagon Metrology, Inc. of North Kingstown, Rhode Island. 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 articulated coordinate measuring arms and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,829,148. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on April 10, 2009 (a corrected version was issued on April 16, 2009), finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

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 finding on pressure sensitive plastic tape from Italy 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).

Following receipt of a request on July 30, 2009, from the Office of the United States 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. NAFTA-103-024, Certain Textile Articles Containing Acrylic and Modacrylic Fibers: Effect of Modifications of NAFTA Rules of Origin for Goods of Canada.

Notice is hereby given that the U.S. International Trade Commission has determined to levy civil penalties in the above- captioned proceeding after finding violations of cease and desist orders and a consent order issued in the original investigation. The Commission has terminated the proceedings.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 25) of the presiding administrative law judge (``ALJ'') granting complainant Tessera, Inc.'s motion to terminate the investigation.

The 2009 report can now be accessed and downloaded from the Commission's Web site at https://www.usitc.gov/research_and_analysis/ trade_shifts.htm. The format used by the Commission since 2004 includes links to Commission research and other resources including data, as well as links to other organizations with related information. User feedback on the revised format is encouraged by providing access to the ITC online Reader Satisfaction Survey (https:// reportweb.usitc.gov/readersurvey/readersurvey.html). A CD-ROM version of the 2008 report may be requested by contacting the Office of the Secretary at 202-205-2000 or by fax at 202-205-2104. Readers of the report may also provide comments by downloading the survey form and business reply mailer for this publication from the Commission's Web site.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation No. 701-TA-468 (Preliminary) and antidumping duty investigation Nos. 731-TA-1166-1167 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 China and Mexico of certain magnesia carbon bricks (``MCB''), provided for in subheadings 6902.10.10, 6902.10.50, 6815.91.00 and 6815.99.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China, and sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in these investigations in 45 days, or in this case by September 14, 2009. The Commission's views are due at Commerce within five business days thereafter, or by September 21, 2009.

Notice is hereby given that the U.S. International Trade Commission has determined to reverse the conclusion reached in the Remand Determination (``RID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation that the only remaining asserted claim of U.S. Patent No. 5,559,276 (``the `276 patent'') is not obvious. The Commission finds that the claim would have been obvious to one of ordinary skill in the art and is therefore invalid. The Commission affirms the RID's conclusion that the asserted claim was not anticipated.

Notice is hereby given that the U.S. International Trade Commission has determined to reverse the conclusion reached in the Remand Determination (``RID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation that the only remaining asserted claim of U.S. Patent No. 5,559,276 (``the `276 patent'') is not obvious. The Commission finds that the claim would have been obvious to one of ordinary skill in the art and is therefore invalid. The Commission affirms the RID's conclusion that the asserted claim was not anticipated.

The Commission hereby gives notice that it has instituted a review 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 antidumping duty order on barbed wire and barbless wire strand from Argentina 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 September 2, 2009. Comments on the adequacy of responses may be filed with the Commission by October 19, 2009. 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), 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 June 23, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. 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 lighting control devices including dimmer switches and parts thereof that infringe certain claims of U.S. Patent No. 5,637,930. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on March 16, 2009, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 in this investigation.

The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-459 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation No. 731-TA- 1155 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to determine whether 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 subsidized and less-than-fair-value imports from India of commodity matchbooks, provided for in subheading 3605.00.00 of the Harmonized Tariff Schedule of the United States.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 28, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Cognex Corporation of Natick, Massachusetts and Cognex Technology & Investment Corporation of Mountain View, California. An amended complaint was filed on June 26, 2009. A supplemental letter was filed on July 1, 2009. 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 machine vision software, machine vision systems, and products containing same that infringe certain claims of U.S. Patent Nos. 7,016,539; 7,065,262; and 6,959,112. The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-467 and 731-1164-1165 (Preliminary) under section 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 China and Taiwan of narrow woven ribbons with woven selvedge, provided for in subheading 5806.32 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation pursuant to section 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by August 24, 2009. The Commission's views are due at Commerce within five business days thereafter, or by August 31, 2009.

The Commission has prepared and published annual reports in this series under investigation No. 332-345 since 1996. The 2009 report is now available from the Commission online and in CD and printed form. The 2010 report, which the Commission plans to publish in June 2010, will cover cross-border trade for the period ending in 2008 and transactions by affiliates based outside the country of their parent firm for the period ending in 2007. The Commission is inviting interested members of the public to furnish information in connection with the 2010 report.

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. 74) granting a joint motion to terminate the investigation based on a settlement agreement.