International Trade Commission 2016 – Federal Register Recent Federal Regulation Documents

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 3140; 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 on March 30, 2016 from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-558, Nepal: Advice Concerning Whether Certain Textile and Apparel Articles Are Import Sensitive. The report will provide the advice requested by the USTR.

The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty orders on chlorinated isocyanurates from China and Spain 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.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-545-547 and 731-TA-1291-1297 (Final) pursuant to the Tariff Act of 1930 (``the Act'') 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 imports of hot-rolled steel flat products from Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom provided for in subheadings 7208.10.15, 7208.10.30, 7208.10.60, 7208.25.30, 7208.25.60, 7208.26.00, 7208.27.00, 7208.36.00, 7208.37.00, 7208.38.00, 7208.39.00, 7208.40.60, 7208.53.00, 7208.54.00, 7208.90.00, 7210.70.30, 7210.90.90, 7211.14.00, 7211.19.15, 7211.19.20, 7211.19.30, 7211.19.45, 7211.19.60, 7211.19.75, 7211.90.00, 7212.40.10, 7212.40.50, 7212.50.00, 7214.91.00, 7214.99.00, 7215.90.50, 7225.11.00, 7225.19.00, 7225.30.30, 7225.30.70, 7225.40.70, 7225.99.00, 7226.11.10, 7226.11.90, 7226.19.10, 7226.19.90, 7226.91.50, 7226.91.70, 7226.91.80, 7226.99.01, and 7228.60.60 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be sold in the United States at less-than-fair-value (``LTFV''), and by imports of hot-rolled steel preliminarily determined to be subsidized by the government of Brazil.\1\ \2\

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electrical Conductor Composite Cores and Components Thereof, DN 3137; 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 Digital Video Receivers and Hardware and Software Components Thereof, DN 3135; 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 February 24, 2016 from the U.S. House of Representatives, Committee on Ways and Means (Committee) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-557: Aluminum: Competitive Conditions Affecting the U.S. Industry.

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. 4), granting a joint motion to terminate the investigation based on a consent order stipulation and proposed consent order in the above- captioned investigation. The consent order is issued and the investigation is terminated.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-558 and 731-TA-1316 (Preliminary) pursuant to the Tariff Act of 1930 (``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 of 1 hydroxyethylidene-1, 1- diphosphonic acid (``HEDP'') from China, provided for in subheading 2931.90.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation, the Commission must reach preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by May 16, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 23, 2016.

On March 14, 2016, the Department of Commerce published notice in the Federal Register of a negative final determination of subsidies in connection with the subject investigation concerning polyethylene terephthalate resin from Oman (81 FR 13321). Accordingly, the countervailing duty investigation concerning polyethylene terephthalate resin from Oman (Investigation No. 701-TA-533 (Final)) is terminated.

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on raw in- shell pistachios from Iran would be likely to lead to continuation or recurrence of material injury. Pursuant to 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 2, 2016. Comments on the adequacy of responses may be filed with the Commission by June 14, 2016.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 23, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Illumina, Inc. of San Diego, California; University of Washington, of Seattle, Washington; and UAB Research Foundation of Birmingham, Alabama. A supplement to the complaint was filed on March 2, 2016. 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 nanopores and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,673,550 (``the '550 patent'') and U.S. Patent No. 9,170,230 (``the '230 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.

Since February 1991, the U.S. International Trade Commission (``Commission'') has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (``APOs'') under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''), 19 CFR 207.3(c). This notice provides a summary of breach investigations completed during calendar year 2014. This summary addresses one proceeding under title VII of the Tariff Act of 1930 and four proceedings under section 337 of the Tariff Act of 1930. There were no rules violation investigations completed in 2014. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.

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. 14) granting the joint motion of complainant Varidesk LLC of Coppell, Texas (``Varidesk'') and respondent Brunswick Corp. of Lake Forest, Illinois (``Brunswick'') to terminate the above-referenced investigation on the basis of a patent license, and settlement and release agreement. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337 (``section 337'') by Solofill LLC and DongGuan Hai Rui Precision Mould Co., Ltd., and has issued a limited exclusion order and cease desist orders to the defaulted respondents Eko Brands, LLC, Evermuch Technology Co., Ltd., and Ever Much Company, Ltd. The investigation is terminated.

The Commission hereby gives notice of the scheduling of the final phase of countervailing and antidumping duty investigation Nos. 701-TA-540-544 and 731-TA-1283-1287, 1289-1290 (Final) pursuant to the Tariff Act of 1930 (``the Act'') 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 imports of certain cold-rolled steel flat products from Brazil, China, India, Japan, Korea, Russia, and the United Kingdom, provided for in subheadings 7209.15.00, 7209.16.00, 7209.17.00, 7209.18.15, 7209.18.25, 7209.18.60, 7209.25.00, 7209.26.00, 7209.27.00, 7209.28.00, 7209.90.00, 7210.70.30, 7211.23.15, 7211.23.20, 7211.23.30, 7211.23.45, 7211.23.60, 7211.29.20, 7211.29.45, 7211.29.60, 7211.90.00, 7212.40.10, 7212.40.50, 7225.50.60, 7225.50.80, 7225.99.00, 7226.92.50, 7226.92.70, and 7226.92.80 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be subsidized \1\ and/or sold at less-than- fair-value.\2\ \3\

Notice is hereby given that the U.S. International Trade Commission has determined to issue: (1) A general exclusion order (``GEO'') barring the unlicensed entry of certain personal transporters that infringe one patent asserted in this investigation; (2) a limited exclusion order (``LEO'') prohibiting the unlicensed entry of infringing personal transporters, components thereof, and manuals therefor manufactured abroad by or on behalf of certain respondents that are covered by one or more asserted U.S. patents and copyright; and (2) a cease and desist order (``CDO'') directed against one domestic defaulting respondent. The Commission has terminated this investigation.

The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1314 (Preliminary) pursuant to the Tariff Act of 1930 (``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 of phosphor copper from Korea, provided for in subheading 7405.00.10 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, the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by April 25, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 2, 2016.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 5, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Simple Wishes, LLC of Sacramento, California. A supplement was filed on February 26, 2016. 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 pumping bras by reason of infringement of certain claims of U.S. Patent No. 8,323,070 (``the '070 patent'') and U.S. Patent No. 8,192,247 (``the '247 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 a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.