International Trade Commission 2013 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Marine Sonar Imaging Devices, Products Containing the Same, and Components Thereof, DN 2981; 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)).

The Commission hereby gives notice of the scheduling of expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the countervailing duty order and the antidumping duty order on circular welded carbon-quality steel pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 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).

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-505 and 731-TA-1231-1237 (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 of grain-oriented electrical steel (``GOES''), provided for in subheadings 7225.11.00, 7226.11.10, and 7226.11.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of China and imports from China, Czech Republic, Germany, Japan, Korea, Poland, and Russia 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 sections 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 antidumping and countervailing duty investigations in 45 days, or in this case by November 4, 2013. The Commission's views are to be issued within five business days thereafter, or by November 12, 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).

The Commission has prepared and published annual reports in this series under investigation No. 332-345, Recent Trends in U.S. Services Trade, since 1996. The 2014 report, which the Commission plans to publish in April 2014, will provide aggregate data on cross-border trade in services for the period ending in 2012, and transactions by affiliates based outside the country of their parent firm for the period ending in 2011. The report's analysis will focus on electronic services (audiovisual, computer, and telecommunication services). The Commission is inviting interested members of the public to furnish information in connection with the 2014 report.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 14, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Toyo Tire & Rubber Co., Ltd. of Japan; Toyo Tire Holdings of Americas Inc. of Cypress, California; Toyo Tire U.S.A. Corp. of Cypress, California; Nitto Tire U.S.A. Inc. of Cypress, California; and Toyo Tire North America Manufacturing Inc. of White, Georgia. A supplement to the complaint was filed on September 5, 2013. 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 tires and products containing same by reason of infringement of U.S. Design Patent No. D487,424 (``the '424 patent''); U.S. Design Patent No. D610,975 (``the '975 patent''); U.S. Design Patent No. D610,976 (``the '976 patent''); U.S. Design Patent No. D610,977 (``the '977 patent''); U.S. Design Patent No. D615,031 (``the '031 patent''); U.S. Design Patent No. D626,913 (``the '913 patent''); U.S. Design Patent No. D458,214 (``the '214 patent''); and U.S. Design Patent No. D653,200 (``the '200 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 a limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``final ID'' or ``ID'') in the above-captioned investigation.

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 wireless consumer electronics devices and components thereof imported by respondents Acer, Inc. of Taipei, Taiwan; Acer America Corporation of San Jose, California; Amazon.com, Inc. of Seattle, Washington; Barnes and Noble, Inc. of New York, New York; Garmin Ltd of Schaffhausen, Switzerland; Garmin International, Inc. of Olathe, Kansas; Garmin USA, Inc. of Olathe, Kansas; HTC Corporation of New Taipei City, Taiwan; HTC America of Bellevue, Washington; Huawei Technologies Co, Ltd. of Shenzhen, China; Huawei Device Co., Ltd. of Shenzhen, China; Huawei Device USA Inc. of Plano, Texas; and Futurewei Technologies, Inc. d/b/a Huawei Technologies (USA) of Plano, Texas; Kyocera Corporation of Kyoto, Japan; Kyocera Communications, Inc. of San Diego, California; LG Electronics, Inc. of Seoul, Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; Nintendo Co. Ltd. of Kyoto, Japan; Nintendo of America, Inc. of Redmond, Washington; Novatel Wireless, Inc. of San Diego, California; Samsung Electronics Co., Ltd., of Seoul, Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; ZTE Corporation of Shenzhen, China; and ZTE (USA) Inc. of Richardson, Texas. 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).

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-501 and 731-TA-1226 (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 chlorinated isocyanurates from China and Japan, provided for in subheadings 2933.69.60 and 3808.99.95 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value by Japan and alleged to be subsidized by China. Unless the Department of Commerce extends the time for initiation pursuant to sections 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 antidumping and countervailing duty investigations in 45 days, or in this case by October 11, 2013. The Commission's views are due at Commerce within five business days thereafter, or by October 22, 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 a complaint was filed with the U.S. International Trade Commission on August 1, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Straight Path IP Group, Inc. of Glen Allen, Virginia. A letter supplementing the Complaint was filed on August 21, 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 point-to- point network communication devices and products containing same by reason of infringement of U.S. Patent No. 6,009,469 (``the `469 patent''); U.S. Patent No. 6,108,704 (``the `704 patent''); and U.S. Patent No. 6,131,121 (``the `121 patent''); and 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 complaint requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Thermal Support Devices for Infants, Infant Incubators, Infant Warmers and Components Thereof, DN 2976; 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)).

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 antidumping duty orders on electrolytic manganese dioxide from Australia and China 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 October 3, 2013. Comments on the adequacy of responses may be filed with the Commission by November 18, 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).

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 25, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of The Clorox Company. A supplement to the complaint was filed on August 15, 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 laundry and household cleaning products and packaging thereof by reason of infringement of U.S. Trademark Registration Nos. 251,292 (``the '292 trademark''); 290,449 (``the '449 trademark''); 1,391,304 (``the '304 trademark''); 1,877,353 (``the '353 trademark''); 2,072,730 (``the '730 trademark''); 2,290,310 (``the '310 trademark''); 2,358,705 (``the '705 trademark''); 2,531,814 (``the '814 trademark''); 2,692,790 (``the '790 trademark''); 3,949,040 (``the '040 trademark''); 2,798,766 (``the '766 trademark''); and 1,771,020 (``the '020 trademark''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges violations of section 337 based upon trademark dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned investigation based on a settlement agreement between the parties.

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 persulfates from China 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).

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 19, 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. 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. 7,997,267 (``the '267 patent''), U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. Patent No. 7,938,116 (``the '116 patent''), U.S. Patent No. 7,341,060 (``the '060 patent''), U.S. Patent No. 8,312,883 (``the '883 patent''), U.S. Patent No. 7,926,487 (``the '487 patent''), U.S. Patent No. 7,178,527 (``the '527 patent''), and U.S. Patent No. 7,950,392 (``the '392 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 a limited exclusion order and cease and desist orders.

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. 5) finding respondent T-Tech Tattoo Device Inc. of Ontario, Canada (``T- Tech'') in default.

The Commission has scheduled an additional public hearing in Inv. No. 332-541, Trade Barriers that U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union, to be held beginning at 9:30 a.m., September 26, 2013, at the NASA Ames Research Center at Moffett Field, CA. This hearing is in addition to a previously announced public hearing in this investigation to be held at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on October 8, 2013. Procedures for filing requests to appear have been changed for both hearings to encourage the appearance of small businesses. This field hearing is being scheduled in conjunction with a field hearing to be held on September 25, 2013, also at the NASA Center in Moffett Field, CA in a second Commission investigation, No. 332-540, Digital Trade in the U.S. and Global Economies, Part 2, requested by the Senate Committee on Finance. Interested persons who wish to present consolidated statements and testimony relevant to both investigations are invited to do so on Wednesday September 25, 2013.

Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in the above- captioned investigation. The Commission is soliciting comments from the public on public interest issues raised by the recommended relief, specifically that if the Commission were to find a violation of section 337, 19 U.S.C. 1337, that the Commission issue a limited exclusion order directed to respondents' infringing products (e.g., memory-card readers) and downstream products that include such infringing products. The ALJ also recommended the issuance of cease and desist orders against certain respondents. 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).

The Commission has determined to deny a request to conduct a portion of its hearing in the above captioned investigations scheduled for August 13, 2013 in camera. See Commission Rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)).

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

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 11) of the presiding administrative law judge granting an amended motion to terminate the remaining respondents based on a consent order. The Commission has issued the subject consent order; the investigation is hereby terminated.