International Trade Commission 2008 – Federal Register Recent Federal Regulation Documents
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In the Matter of: Certain Ground Fault Circuit Interrupters and Products Containing Same; Notice of Commission Determination To Extend the Deadline for Receiving Written Submissions on Remedy, the Public Interest and Bonding; Extension of Target Date
Notice is hereby given that the U.S. International Trade Commission has determined to extend the deadline for receiving written submissions on remedy, the public interest, and bonding until two weeks from the date of issuance of the public version of the presiding administrative law judge's (ALJ) recommended determination on remedy and bonding (``RD'') and to extend the target date for completion of the above-captioned investigation by thirty (30) days to Friday, March 6, 2009.
In the Matter of Certain Nitrile Gloves and in the Matter of Certain Nitrile Rubber Gloves; Notice of Commission Determination of No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined that there is no violation of 19 U.S.C. 1337 by respondents in the above-referenced investigation. The investigation is terminated.
In the Matter of Certain Semiconductor Integrated Circuits and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 20, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Qimonda AG of Munich, Germany. A supplement to the complaint was filed on December 11, 2008. 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 semiconductor integrated circuits and products containing same that infringe certain claims of U.S. Patent Nos. 5,213,670; 5,646,434; 5,851,899; 6,103,456; 6,495,918; 6,593,240; and 6,714,055. 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 an exclusion order and cease and desist orders.
In the Matter of Certain Refrigerators and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting in Part and Denying in Part Complainant's Motion To Amend the Complaint and Notice of Investigation
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. 15) granting in part and denying in part complainant's motion for leave to amend the complaint and notice of investigation in the above-captioned investigation.
In the Matter of Certain Tunable Laser Chips, Assemblies and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 7, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of JDS Uniphase Corporation of Milpitas, 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 tunable laser chips, assemblies, and products containing same that infringes certain claims of U.S. Patent Nos. 6,658,035 and 6,687,278. The complaint, as supplemented, 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 an exclusion order and cease and desist orders.
Barium Carbonate From China
The Commission hereby gives notice of the scheduling of an expedited review 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 antidumping duty order on barium carbonate 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).
Sub-Saharan African Textile and Apparel Inputs: Potential for Competitive Production
The Commission has revised the deadline for filing pre-hearing briefs and statements for investigation No. 332-502, Sub-Saharan African Textile and Apparel Inputs: Potential for Competitive Production, from January 17, 2009 to January 16, 2009. The revised schedule reflecting this change is set out immediately below. All other requirements and procedures set out in the November 19, 2008 notice continue to apply (73 FR 71682).
In the Matter of Certain Flash Memory Chips and Products Containing the Same Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 17, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Spansion, Inc. of Sunnyvale, California and Spansion LLC of Sunnyvale, 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 flash memory chips and products containing the same that infringe certain claims of U.S. Patent Nos. 6,380,029, 6,080,639, 6,376,877, and 5,715,194. 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 an exclusion order and cease and desist orders.
In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, Components Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 17, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Eastman Kodak Company of Rochester, New York. A letter supplementing the complaint was filed on December 11, 2008. 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 mobile telephones and wireless communication devices featuring digital cameras, and components thereof that infringes certain claims of U.S. Patent Nos. 5,493,335 and 6,292,218. 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 an exclusion order and cease and desist orders.
Ethyl Alcohol for Fuel Use: Determination of the Base Quantity of Imports
Section 423(c) of the Tax Reform Act of 1986, as amended (19 U.S.C. 2703 note), requires the United States International Trade Commission to determine annually the amount (expressed in gallons) that is equal to 7 percent of the U.S. domestic market for fuel ethyl alcohol during the 12-month period ending on the preceding September 30. This determination is to be used to establish the ``base quantity'' of imports of fuel ethyl alcohol with a zero percent local feedstock requirement that can be imported from U.S. insular possessions or CBERA-beneficiary countries. The base quantity to be used by U.S. Customs and Border Protection in the administration of the law is the greater of 60 million gallons or 7 percent of U.S. consumption, as determined by the Commission. For the 12-month period ending September 30, 2008, the Commission has determined the level of U.S. consumption of fuel ethyl alcohol to be 8.88 billion gallons; 7 percent of this amount is 621.5 million gallons (these figures have been rounded). Therefore, the base quantity for 2009 should be 621.5 million gallons.
In the Matter of Certain Ground Fault Circuit Interrupters and Products Containing Same; Notice of Commission Determination To Review in Part a Final Determination on Violation of Section 337; Schedule for Briefing on the Issues on Review and on Remedy, Public Interest, and Bonding; Denial of Motion for Leave To File a Reply
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'') in the above-captioned investigation finding a violation of 19 U.S.C. 1337 (``section 337'') in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain ground fault circuit interrupters and products containing same by reason of infringement of one or more of claims 1, 7, and 8 of U.S. Patent No. 5,594,398 (``the `398 patent''); claims 14, 18, and 30 of U.S. Patent No. 7,283,340 (``the `340 patent''); claim 1 of U.S. Patent No. 7,212,386 (``the `386 patent''); claims 1 and 15 of U.S. Patent No. 7,164,564 (``the `564 patent''); claim 1 of U.S. Patent No. 7,256,973 (``the `973 patent''); and claim 52 of U.S. Patent No. 7,154,718 (``the `718 patent'').
Circular Welded Carbon Quality Steel Line Pipe From Korea
On November 25, 2008, the Commission received a letter from the Department of Commerce stating that, having received a letter from petitioners in the subject investigation (Maverick Tube Corp., United States Steel Corp., Tex-Tube Corp., and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC) withdrawing its petition, Commerce was terminating its antidumping investigation on circular welded carbon quality steel line pipe from Korea. Accordingly, pursuant to section 207.40(a) of the Commission's Rules of Practice and Procedure (19 CFR 207.40(a)), the subject investigation is terminated.
In the Matter of Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same: Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 6, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Rambus Inc. of Los Altos, California. A letter supplementing the complaint was filed on November 21, 2008. 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 semiconductor chips having synchronous dynamic random access memory controllers and products containing same, including graphics cards and motherboards, that infringe certain claims of U.S. Patent Nos. 7,177,998; 7,210,016; 6,470,405; 6,591,353; 7,287,109; 7,287,119; 7,330,952; 7,330,953; and 7,360,050. 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 and a cease and desist order.
Citric Acid and Certain Citrate Salts From Canada and China
The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-456 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation Nos. 731-TA- 1151-1152 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) 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 subsidized imports from China and less-than-fair-value imports from Canada and China of citric acid and certain citrate salts, provided for in subheadings 2918.14.00, 2918.15.10, 2918.15.50, and 3824.90.92 of the Harmonized Tariff Schedule of the United States.\1\
In the Matter of Certain Integrated Circuits and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of a Settlement Agreement
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. 7) granting the joint motion to terminate the captioned investigation based on a settlement agreement.
Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, Korea, Mexico, and Thailand
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 countervailing duty order on prestressed concrete steel wire strand from India and the antidumping duty orders on prestressed concrete steel wire strand from Brazil, India, Japan, Korea, Mexico, and Thailand 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 January 20, 2009. Comments on the adequacy of responses may be filed with the Commission by February 13, 2009. 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).
Ball Bearings From Japan and the United Kingdom
The U.S. International Trade Commission (``Commission'') hereby gives notice of the stay of its remand proceedings in the Commission's five-year reviews of the antidumping duty orders on ball bearings from Japan and the United Kingdom.
Saccharin From China
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 saccharin 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).
In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof; Notice of Commission Determination To Review a Final Initial Determination of the Administrative Law Judge
Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''). The ALJ found no violation of section 337 except with respect to certain non- participating and defaulted respondents.
In the Matter of: Certain Active Comfort Footwear; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 22, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Masai Marketing & Trading AG of Romanshorn, Switzerland and Masai USA Corp. of Hailey, Idaho. A supplement to the complaint was filed on November 7, 2008. 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 active comfort footwear that infringes certain claims of U.S. Patent Nos. 6,341,432. The complaint, as supplemented, 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 an exclusion order and cease and desist orders.
Certain Steel Threaded Rod From China
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1145 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (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 less-than-fair-value imports from China of certain steel threaded rod, provided for in subheading 7318.15.50 of the Harmonized Tariff Schedule of the United States.\1\
Sub-Saharan African Textile and Apparel Inputs: Potential for Competitive Production
Pursuant to section 3(c)(1) of Public Law 110-436, An Act to extend the Andean Trade Preference Act, and for other purposes (``the Act''), and pursuant to section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) has instituted investigation No. 332-502, Sub-Saharan African Textile and Apparel Inputs: Potential for Competitive Production.
In the Matter of: Certain Semiconductor Integration Circuits Using Tungsten Metallization and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting, In-Part, a Motion To Amend the Complaint 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. 17) of the presiding administrative law judge (``ALJ'') granting, in-part, complainants' motion to amend the complaint and the notice of investigation in the above-captioned investigation to add two patent claims.
Certain Steel Threaded Rod From China
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1145 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (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 less-than-fair-value imports from China of certain steel threaded rod, provided for in subheading 7318.15.50 of the Harmonized Tariff Schedule of the United States.\1\
In the Matter of Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (IV), Notice of Commission Determination Not To Review an Initial Determination Granting Motion To Amend the Complaint and Notice of Investigation and Extending the Target Date
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. 11), granting complainant's motion to amend the Complaint and Notice of Investigation and extending the target date for completion of the investigation to December 7, 2009.
Frontseating Valves From China
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1148 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (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 less-than-fair-value imports from China of frontseating service valves and certain parts thereof (``frontseating service valves''), provided for under subheadings 8415.90.80, 8481.80.10, 8481.80.30, 8481.80.50, 8481.90.10, 8481.90.30, or 8481.90.50 of the Harmonized Tariff Schedule of the United States.\1\
Cut-To-Length Carbon Steel Plate From China, Russia, and Ukraine
The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty order on cut-to-length carbon steel plate from China and/or the termination of the suspended investigations on cut-to-length carbon steel plate from Russia and Ukraine would be likely to lead to 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. 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).
1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from China and India
The Commission hereby gives notice of the scheduling of the final phase of antidumping duty investigation Nos. 731-TA-1146-1147 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (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 less-than-fair-value imports from China and India of 1-Hydroxyethylidene-1,1-diphosphonic acid (HEDP),\1\ provided for in statistical reporting number 2931.00.9043 of the Harmonized Tariff Schedule of the United States.\2\
In the Matter of: Certain Prepregs, Laminates, and Finished Circuit Boards; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 6, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Isola USA Corp. of Chandler, Arizona. A supplement to the complaint was filed on October 28, 2008. 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 prepregs, laminates, and finished circuit boards that infringe certain claims of U.S. Patent Nos. 6,187,852; 6,322,885 and 6,509,414. 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 an exclusion order and cease and desist orders.
Textile and Apparel Imports From China: Statistical Reports
Following receipt of a request on October 9, 2008, from the Committee on Ways and Means of the U.S. House of Representatives (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. 332-501, Textile and Apparel Imports from China: Statistical Reports.
Commodity Matchbooks From India
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty and antidumping duty investigations Nos. 701-TA-459 and 731-TA- 1155 (Preliminary) under section 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a)) (the Act) and section 733(a) (19 U.S.C. 1673b(a)) 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 India of commodity matchbooks, provided for in subheading 3605.00.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of India,\1\ and 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 section 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)) or 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach preliminary determinations in countervailing duty and antidumping investigations in 45 days, or in these cases by December 15, 2008. The Commission's views are due at Commerce within five business days thereafter, or by December 22, 2008.
In the Matter of: Certain Hydraulic Excavators
Notice is hereby given that the U.S. International Trade Commission has determined to review the presiding administrative law judge's (``ALJ'') final initial determination, Order No. 67, in the above-captioned investigation.
In the Matter of Certain Rubber Antidegradants, Antidegradant Intermediates and Products Containing the Same; Notice of Commission Determination Not To Review an Initial Determination of the Administrative Law Judge Granting Sinorgchem's Summary Determination Motion and Kumho's Summary Determination Motion; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination of the presiding administrative law judge granting respondents' summary determination motions in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. This action terminates the investigation.
Initiation of Pilot Mediation Program for Investigations Under Section 337 of the Tariff Act of 1930
Notice is hereby given that the Commission has approved the initiation of a voluntary pilot mediation program for investigations under section 337 of the Tariff Act of 1930, as amended.
In the Matter of Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same; Notice of Commission Decision to Review and Remand in Part an Initial Determination of the Administrative Law Judge Granting Complainant's Motion To Amend the Amended Complaint
Notice is hereby given that the U.S. International Trade Commission has determined to review and remand in part the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 33) granting complainant's motion to amend the amended complaint.
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