International Trade Commission November 2017 – Federal Register Recent Federal Regulation Documents

The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on seamless carbon and alloy steel standard, line, and pressure pipe from Germany would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 25, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. of South Korea; LG Chem Michigan Inc. of Holland Michigan; LG Chem Power Inc. of Troy, Michigan; and Toray Industries, Inc. of Japan. A supplement was filed on November 15, 2017. 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 batteries and electrochemical devices containing composite separators, components thereof, and products containing same by reason of infringement of one or more of U.S. Patent No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241 (``the '241 patent''); and U.S. Patent No. 7,709,152 (``the '152 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 limited exclusion order and a cease and desist order.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-579-580 and 731-TA-1369-1372 (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 fine denier polyester staple fiber (``fine denier PSF'') from China, India, Korea, and Taiwan, provided for in subheading 5503.20.00 of the Harmonized Tariff Schedule of the United States. Imports of this product from China and India have been preliminarily determined by the Department of Commerce to be subsidized. Determinations with respect to imports of fine denier PSF alleged to be sold at less than fair value are pending.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 20, 2017, under the Tariff Act of 1930, as amended, on behalf of PureCircle USA Inc. of Oak Brook, Illinois and PureCircle Sdn Bhd of Malaysia. A supplement was filed on November 13, 2017. The complaint, as supplemented, alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain glucosylated steviol glycosides, and products containing same by reason of infringement of U.S. Patent No. 9,420,815 (``the '815 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on Silicon Metal from China 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.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 28, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of YETI Coolers, LLC of Austin, Texas. An amended complaint was filed on October 27, 2017. A supplement to the amended complaint was filed on October 31, 2017. The amended 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 insulated beverage containers, components, labels, and packaging materials thereof by reason of infringement of U.S. Trademark Registration No. 5,233,441 (``the '441 trademark''); U.S. Trademark No. 4,883,074 (``the '074 trademark''); U.S. Copyright Registration No. VA 1-974-722 (``the '722 copyright''); U.S. Copyright Registration No. VA 1-974-732 (``the '732 copyright''); U.S. Copyright Registration No. VA 1-974-735 (``the '735 copyright''); U.S. Design Patent No. D752,397 (``the '397 design patent''); U.S. Design Patent No. D780,533 (``the '533 design patent''); U.S. Design Patent No. D781,146 (``the '146 design patent''); and U.S. Design Patent No. D784,775 (``the '775 design patent'). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint also alleges violations of section 337 based on the importation into the United States, or in the sale of certain insulated beverage containers, components, labels, and packaging materials thereof by reason of false advertising and passing off, 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 limited exclusion order and cease and desist orders.

Following receipt of a request dated October 23, 2017 from the United States Trade Representative (USTR) under the section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) has instituted investigation No. 332-564, U.S. Trade and Investment with Sub-Saharan Africa: Recent Developments, for the purpose of preparing the report requested by the USTR. The Commission has scheduled a public hearing in connection with this investigation for January 23, 2018.

Section 202(f)(3) of the Trade Act of 1974 requires that the United States International Trade Commission (``Commission'') publish in the Federal Register a summary of each report that it submits to the President under section 202(f)(1) of the Trade Act of 1974. Set forth below is a summary of the report that the Commission submitted to the President on November 13, 2017, on investigation No. TA-201-75, Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products). The Commission conducted the investigation under section 202(b) of the Trade Act of 1974 following receipt of a petition properly filed on May 17, 2017. The full text of the report (with the exception of confidential business information) will be posted on the Commission's Web site at https://www.usitc.gov.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Intraoral Scanners and Related Hardware and Software, DN 3274; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 26, 2017, under the Tariff Act of 1930, as amended, on behalf of Kyocera Senco Brands Inc. of Cincinnati, Ohio. A supplement was filed on October 5, 2017. An amended complaint was filed on October 17, 2017. Supplements to the amended complaint were filed on November 3, 2017, November 8, 2017 and November 9, 2017. The amended complaint as supplemented alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain gas spring nailer products and components thereof by reason of infringement of one or more of U.S. Patent No. 8,011,547 (``the '547 patent''); U.S. Patent No. 8,267,296 (``the '296 patent''); U.S. Patent No. 8,267,297 (``the '297 patent''); U.S. Patent No. 8,387,718 (``the '718 patent''); U.S. Patent No. 8,286,722 (``the '722 patent''); and U.S. Patent No. 8,602,282 (``the '282 patent''). The amended complaint further alleges that an industry in the United States exists as 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 cease and desist orders.

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 September 12, 2017, finding a violation of section 337 in the above-captioned investigation. Specifically, the Commission has determined to review the ID's analysis and findings with respect to the economic prong of the domestic industry. The Commission also requests written submissions, under the schedule set forth below, on remedy, the public interest, and bonding.

In accordance with the provisions of the Paperwork Reduction Act of 1995, the U.S. International Trade Commission (Commission) hereby gives notice that it plans to submit a request for approval of a questionnaire to the Office of Management and Budget (OMB) for review and requests public comment on its draft proposed collection.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 21, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Philips Lighting North America Corp. of Somerset, New Jersey and Philips Lighting Holding B.V. of the Netherlands. Supplements to the complaint were filed on October 6 and 30, 2017. 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 LED lighting devices, LED power supplies, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,586,890 (``the '890 patent''); U.S. Patent No. 7,038,399 (``the '399 patent''); U.S. Patent No. 7,256,554 (``the '554 patent''); U.S. Patent No. 7,262,559 (``the '559 patent''); and U.S. Patent No. 8,070,328 (``the '328 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 limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Self-Anchoring Beverage Containers, DN 3271; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Notice is hereby given that the U.S. International Trade Commission has determined to affirm under modified reasoning the ALJ's finding with respect to the existence of a domestic industry. The Commission has also determined to issue a general exclusion order directed against infringing hand dryers and housings for hand dryers, and has issued three cease and desist orders against defaulted respondents US Air Hand Dryer, Penson & Co., and TC Bunny Co., Ltd. The investigation is hereby terminated.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 13) of the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the investigation based upon settlement. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Road Construction Machines and Components Thereof, DN 3270; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.