International Trade Commission 2019 – Federal Register Recent Federal Regulation Documents
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Certain Earpiece Devices and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation With Respect to U.S. Patent No. 9,398,364; Termination of the Investigation in Its Entirety
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 20) of the presiding administrative law judge (``ALJ''), granting an unopposed motion to terminate the investigation based on withdrawal of the complaint with respect to U.S. Patent No. 9,398,364 (``the '364 patent''). The investigation is terminated in its entirety.
Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (II); Commission Determination Not To Review an Initial Determination Terminating the Investigation in its Entirety Based on a Settlement Agreement; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 5) of the presiding administrative law judge (``ALJ'') terminating the investigation as to all respondents, Taiwan Semiconductor Manufacturing Co., Ltd. of Hsinchu, Taiwan; TSMC North America and TSMC Technology, Inc. of San Jose, California (collectively, ``TSMC''); Broadcom Inc., Broadcom Corporation, and Cisco Systems, Inc., all of San Jose, California; NVIDIA Corporation and Arista Networks, Inc., both of Santa Clara, California; Apple Inc. of Cupertino, California; ASUSTeK Computer Inc. of Taipei, Taiwan; and Lenovo Group Ltd. of Beijing, China (collectively, ``Respondents''), based on a settlement agreement. The investigation is terminated.
Certain Semiconductor Devices and Components Thereof (I); Commission Determination Not To Review an Initial Determination (Order No. 7) Terminating an Investigation Due to a Settlement Agreement; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined not to review an initial determination (``ID'') (Order No. 7) terminating the investigation due to a settlement agreement. The investigation is terminated.
Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Extang Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. d/b/a BAK Industries of Ann Arbor, Michigan. Supplements to the complaint were filed on November 27, 2019 and December 16, 2019. 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 pick-up truck folding bed cover systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,484,788 (``the '788 patent'') and U.S. Patent No. 8,061,758 (``the '758 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.
Fluid End Blocks From China, Germany, India, and Italy; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-632-635 and 731-TA-1466- 1468 (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 fluid end blocks from Germany, India, and Italy, provided for in subheadings 7218.91.00, 7218.99.00, 7224.90.00, 7326.19.00, 7326.90.86, and 8413.91.90 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 imports of such products alleged to be subsidized by the Governments of China, Germany, India, and Italy. Unless the Department of Commerce (``Commerce'') extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 3, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 10, 2020.
Certain Electronic Devices With Optical Filters and Optical Sensor Systems and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 18, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Viavi Solutions Inc. of San Jose, California. A supplement to the complaint was filed on December 9, 2019. 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 electronic devices with optical filters and optical sensor systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,588,269 (``the '269 patent''); U.S. Patent No. 9,945,995 (``the '995 patent''); and U.S. Patent No. 10,222,526 (``the '526 patent''). The 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.
Certain Microfluidic Devices; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has found a violation of section 337 in the above-captioned investigation. The Commission has determined to issue tailored remedial orders that permit researchers to continue their work in ongoing research projects using the infringing microfluidic devices as explained in the accompanying opinion. These remedial orders include: (1) A limited exclusion order (``LEO'') prohibiting the unlicensed entry of infringing microfluidic devices covered by certain claims of U.S. Patent Nos. 9,500,664 (``the '664 patent''); 9,636,682 (``the '682 patent''); and 9,649,635 (``the '635 patent'') that are manufactured abroad for or on behalf of, or imported by or on behalf of 10X Genomics, Inc. of Pleasanton, California (``10X'') or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns; and (2) a cease and desist order (``CDO'') directed against 10X and its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns. This investigation is terminated.
4th Tier Cigarettes From Korea; Institution of Antidumping Duty Investigation and Scheduling of Preliminary Phase Investigation
The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1465 (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 4th tier cigarettes from Korea, provided for in subheading 2402.20.80 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 (``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 February 3, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 10, 2020.
Certain Movable Barrier Operator Systems and Component Thereof; Notice of Request for Statements on the Public Interest
Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued an Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure
Following receipt on December 6, 2019, of a request from the United States Trade Representative (USTR), the Commission instituted Investigation No. TA-201-75 (Modification), Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure under section 204(a)(4) of the Trade Act of 1974 (Trade Act) to advise the President of the probable economic effect on the domestic crystalline silicon photovoltaic (CSPV) cell and module manufacturing industry of modifying the safeguard measure on imports of CSPV products, as described in Proclamation 9693 of January 23, 2018.
Certain Gas Spring Nailer Products and Components Thereof;
Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined to review in part a remand initial determination (``RID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337. The Commission is also requesting written submissions on remedy, bonding, and the public interest.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Dissolving Microneedle Patch Technology for Cosmetic and Pharmaceutical Use, Amended DN 3420; 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 of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Wearable Monitoring Devices, Systems, and Components Thereof, DN 3423; 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.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products; Monitoring Developments in the Domestic Industry; Amendment
The Commission published a noticed in the Federal Register on August 1, 2019, concerning the institution and scheduling of investigation no. TA-201-75 (Monitoring) pursuant to section 204(a)(2) of the Trade Act of 1974 on its monitoring of developments in the domestic industry following the President's decision to impose a safeguard measure on imports of certain crystalline silicon photovoltaic (``CSPV'') cells, whether or not partially or fully assembled into other products (including, but not limited to, modules, laminates, panels, and building-integrated materials)(``CSPV products''), as described in Proclamation 9693 of January 23, 2018. 84 FR 37674. This amended notice provides for limits on page lengths for posthearing briefs.
Polyethylene Terephthalate Film, Sheet, and Strip From India and Taiwan; Notice of Commission Determination To Conduct Full Five-Year Reviews
The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (``PET film'') from India and the antidumping duty orders on PET film from India and Taiwan would likely lead to the continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
Silicon Metal From Russia; Scheduling of a Full Five-Year Review
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 Russia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof; Notice of Correction Concerning Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Amend the Complaint, Case Caption, and Notice of Investigation
Correction is made to notice 84 FR 65174, which was published on November 26, 2019, to replace the investigation number listed as ``337-TA-1100'' in the case caption, with ``337-TA-1167.''
Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators; Notice of Commission Final Determination of No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm with modification a final initial determination (``FID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended. The investigation is terminated.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof, DN 3421; 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.
Sodium Sulfate Anhydrous From Canada; Scheduling of the Final Phase of an Anti-Dumping Duty Investigation
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1446 (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 sodium sulfate anhydrous from Canada, provided for in subheadings 2833.11.10 and 2833.11.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be sold at less-than-fair-value.
Ceramic Tile From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigations Nos. 701-TA-621 and 731-TA-1447 (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 ceramic tile from China, provided for in subheadings 6905.10.00, 6905.90.00, 6907.21.10, 6907.21.20, 6907.21.30, 6907.21.40, 6907.21.90, 6907.22.10, 6907.22.20, 6907.22.30, 6907.22.40, 6907.22.90, 6907.23.10, 6907.23.20, 6907.23.30, 6907.23.40, 6907.23.90, 6907.30.10, 6907.30.20, 6907.30.30, 6907.30.40, 6907.30.90, 6907.40.10, 6907.40.20, 6907.40.30, 6907.40.40, 6907.40.90, 6914.10.80, and 6914.90.80 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value.
Lightweight Thermal Paper From China; Institution of Five-Year Reviews
The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping and countervailing duty orders on lightweight thermal paper from China 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.
Electrolytic Manganese Dioxide From China; Institution of a Five-Year Review
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 electrolytic manganese dioxide from China 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.
Calcium Hypochlorite From China: Institution of Five-Year Reviews
The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping and countervailing duty orders on calcium hypochlorite from China 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.
Carbon and Certain Alloy Steel Wire Rod From China; Institution of Five-Year Reviews
The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping and countervailing duty orders on carbon and certain alloy steel wire rod (``wire rod'') from China 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.
Sugar From Mexico; Institution of Five-Year Reviews
The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether termination of the suspension investigation on sugar from Mexico 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.
Certain Balanced Armature Devices, Products Containing Same, and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 29, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Knowles Corporation of Itasca, Illinois; Knowles Electronics, LLC of Itasca, Illinois; and Knowles Electronics (Suzhou) Co., Ltd. of China. Supplements to the complaint were filed on September 18 and November 5, 2019. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain balanced armature devices, products containing same, and components thereof by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order or, in the alternative, limited exclusion orders, and cease and desist orders.
Certain Color Intraoral Scanners and Related Hardware and Software; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm, with modified reasoning, the final initial determination's (``ID'') finding of no violation of section 337 has occurred.
Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 23, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of EcoFactor, Inc. of Palo Alto, California. 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 smart thermostats, smart HVAC systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,131,497 (``the '497 patent''); U.S. Patent No. 8,423,322 (``the '322 patent''); U.S. Patent No. 8,498,753 (``the '753 patent''); and U.S. Patent No. 10,018,371 (``the '371 patent''). The 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 of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Dissolving Microneedle Patch Technology for Cosmetic and Pharmaceutical Use, DN 3420; 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.
Certain Reload Cartridges for Laparoscopic Surgical Staplers; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Amend the Complaint, Case Caption, and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 14) of the presiding administrative law judge (``ALJ'') granting an unopposed motion to amend the complaint, case caption, and notice of investigation in the above-captioned investigation.
Recent Trends in U.S. Services Trade, 2020 Annual Report
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 2020 report, which the Commission plans to publish in June 2020, will provide aggregate data on cross-border trade in services for the period ending in 2018, and transactions by affiliates based outside the country of their parent firm for the period ending in 2017. The report's analysis will focus on financial services (including banking services, insurance services, and securities services). The Commission is inviting interested members of the public to furnish information and views in connection with the 2020 report.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electronic Devices with Optical Filters and Optical Sensor Systems and Components Thereof, DN 3419; 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.
Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 18, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of M-I L.L.C. of Houston, Texas. An amended complaint was filed on November 7, 2019. 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 shaker screens for drilling fluids, components thereof, and related market materials by reason of infringement of: (1) Certain claims of U.S. Patent No. 7,210,582 (``the '582 patent''); U.S. Patent No. 7,810,649 (``the '649 patent''); and U.S. Patent No. 8,925,735 (``the '735 patent''); and (2) U.S. Trademark Registration No. 2,151,736 (``the '736 trademark'') and U.S. Trademark Registration No. 2,744,891 (``the '891 trademark''). 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
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