International Trade Commission July 2019 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Exogenous Beta- Hydroxybutyrate Nutraceutical Products, DN 3400; 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 June 21, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of United Plastic Molders, Inc. of Jackson, Mississippi. Supplements to the complaint were filed on June 28, 2019, and July 19, 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 fish- handling pliers and packaging thereof by reason of infringement of certain claims of U.S. Patent No. 6,256,923 (``the '923 patent''); and infringement of U.S. Trademark Registration No. 4,980,923 (the '923 mark'') and U.S. Trademark Registration No. 5,435,944 (``the '944 mark''). 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 general exclusion order, or in the alternative 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 Child Resistant Closures With Slider Devices Having a User Actuated Insertable Torpedo for Selectively Opening the Closures and Slider Devices Therefor, DN 3399; 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 terminate the above-captioned investigation with a finding of no violation of section 337 of the Tariff Act of 1930.

Notice is hereby given that the U.S. International Trade Commission has determined to issue: A limited exclusion order (``LEO'') prohibiting the unlicensed entry of infringing road-milling machines and components thereof covered by one or more of claim 29 of U.S. Patent No. 7,828,309 (``the '309 patent'') or claims 2, 5, 16, or 23 of U.S. Patent No. 9,656,530 (``the '530 patent'') that are manufactured abroad for or on behalf of, or imported by or on behalf of, any of Caterpillar Prodotti Stradali S.r.L. of Minerbio, Italy; Caterpillar Americas CV of Geneva, Switzerland; Caterpillar Paving Products, Inc. of Minneapolis, MN; and Caterpillar Inc. of Peoria, IL (``Caterpillar,'' or ``Respondents'') or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and a cease and desist order (``CDO'') directed against respondents Caterpillar Paving Products, Inc. and Caterpillar Inc., and their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission has terminated this investigation.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Mobile Devices with Multifunction Emulators, DN 3398; 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 not to review an initial determination (``ID'') (Order No. 15) issued by the presiding administrative law judge (``ALJ''), granting a motion to amend the complaint and notice of investigation.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-627-629 and 731-TA-1458- 1461 (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 utility scale wind towers from Canada, Indonesia, Korea, and Vietnam, provided for in subheadings 7308.20.00 and 8502.31.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value in Canada, Indonesia, Korea, and Vietnam, and alleged to be subsidized by the Governments of Canada, Indonesia, and Vietnam. 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 August 23, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by August 30, 2019.

The International Trade Commission has submitted request for approval of a questionnaire to the Office of Management and Budget. This notice is being given pursuant to the Paperwork Reduction Act of 1995.

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 persulfates from China 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 May 30, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ethicon LLC of Guaynabo, PR; Ethicon Endo-surgery, Inc. of Cincinnati, Ohio; and Ethicon US, LLC of Cincinnati, Ohio. Letters supplementing the complaint were filed on June 7 and 17, 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 reload cartridges for laparoscopic surgical staplers by reason of infringement of certain claims of U.S. Patent No. 9,844,379 (``the '379 patent''); U.S. Patent No. 9,844,369 (``the '369 patent''); U.S. Patent No. 7,490,749 (``the '749 patent''); U.S. Patent No. 8,479,969 (``the '969 patent''); and U.S. Patent No. 9,113,874 (``the '874 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 (the ``Commission'') has determined to modify the deadline for reply supplemental submissions on the public interest.

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (``section 337''), as amended, in this investigation. The Commission has issued a limited exclusion order (``LEO'') prohibiting the importation by respondents Wirtgen GmbH, Wirtgen Group Holding GmbH (``Wirtgen Group''), and Wirtgen America, Inc. (``Wirtgen America'') of certain road construction machines and components thereof that infringe claim 19 of U.S. Patent No. 7,140,693. The Commission has also issued a cease and desist order (``CDO'') directed to respondent Wirtgen America. The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 31, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Honeywell International, Inc. of Morris Plains, New Jersey, Hand Held Products, Inc. of Fort Mill, South Carolina, and Metrologic Instruments, Inc. of Fort Mill, South Carolina. Supplements to the Complaint were filed on June 7, 17, and 18, 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 barcode scanners, scan engines, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,465,970 (``the '970 patent''); U.S. Patent No. 8,978,985 (``the '985 patent''); U.S. Patent No. 7,148,923 (``the '923 patent''); U.S. Patent No. 7,527,206 (``the '206 patent''); U.S. Patent No. 9,659,199 (``the '199 patent''); and U.S. Patent No. 7,159,783 (``the '783 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.

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 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 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.

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 malleable iron pipe fittings 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.