International Trade Commission March 2011 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined to rescind in part and modify remedial orders issued in the above-captioned investigation with respect to respondents General Protecht Group, Inc. (``GPG'') of Zhejiang, China; Wenzhou Trimone Company (``Trimone'') of Zhejiang, China; Shanghai ELE Manufacturing Corporation (``ELE'') of Shanghai, China; as well as Cheetah USA Corp. of Sandy, Utah; Nicor Inc. of Albuquerque, New Mexico; Orbit Industries, Inc. of Los Angeles, California; and Colacino Electric Supply, Inc. of Newark, New York (collectively ``&'').

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 18, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Boston Beer Corporation of Boston, Massachusetts. A supplement to the complaint was filed on March 14, 2011. 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 glassware by reason of infringement of U.S. Patent No. D582,213 (``the `213 patent'') and U.S. Patent No. D569,189 ('' the `189 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 an exclusion order and cease and desist orders.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 20, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Eli Lilly and Company of Indianapolis, Indiana. Eli Lilly filed letters supplementing the complaint on February 9 and 16, 2011. The Commission requested additional information on March 2, 1011. Eli Lilly responded with additional information supplementing its complaint on March 9, 2011. 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 gemcitabine and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,606,048 (``the '048 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 an exclusion order and a cease and desist order.

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 orders on solid urea 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).

Notice is hereby given that the U.S. International Trade Commission has determined to rescind the limited exclusion order and cease and desist orders issued in the above-captioned investigation based on a settlement agreement.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 35) of the presiding administrative law judge (``ALJ'') terminating the above-captioned investigation based on a settlement agreement.

Notice is hereby given that the U.S. International Trade Commission has determined to reverse the initial determination on remand (``RID'') of the presiding administrative law judge (``ALJ'') and has terminated the investigation with a finding of no violation of section 337 of the Tariff Act of 1930 because the asserted claims of U.S. Patent No. 5,372,392 (``the `392 patent'') are invalid for obviousness.

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'') in the above-captioned investigation terminating the investigation in its entirety.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 9, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sony Corporation of Tokyo, Japan. 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 display devices, including digital televisions and monitors by reason of infringement of certain claims of U.S. Patent No. 5,731,847 (``the `847 patent''); U.S. Patent No. 5,583,577 (``the `577 patent''); U.S. Patent No. 6,661,472 (``the `472 patent'') and U.S. Patent No. RE 40,468 (``the `468 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 an exclusion order and a cease and desist order.

Notice is hereby given that a first complaint was filed with the U.S. International Trade Commission on February 4, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LG Electronics, Inc. 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 digital televisions and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,785,906 (the '906 patent), U.S. Patent No. RE 37,326 (the '326 patent), U.S. Patent No. 5,533,071 (the '071 patent), and U.S. Patent No. 5,923,711 (the '711 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 an exclusion order and a cease and desist order. Notice is also given that a second complaint was filed with the U.S. International Trade Commission on February 4, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LG Electronics, Inc. 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 having a Blu-ray Disc player and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,701,835 (the '835 patent), U.S. Patent No. 7,577,080 (the '080 patent), U.S. Patent No. 7,619,961 (the '961 patent), and U.S. Patent No. 7,756,398 (the '398 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 an exclusion order and a cease and desist order.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 1, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Graco Children's Products Inc. of Atlanta, Georgia. 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 strollers and playards by reason of infringement of certain claims of U.S. Patent No. 6,669,225 (``the `225 patent''); U.S. Patent No. 7,044,497 (``the `497 patent''); U.S. Patent No. 7,188,858 (``the `858 patent''); U.S. Patent No. 7,404,569 (``the `569 patent''); and U.S. Patent No. 6,510,570 (``the `570 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Vaginal Ring Birth Control Devices, DN 2789; the Commission is soliciting comments on any public interest issues raised by the complaint.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 24, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Microsoft Corporation. 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 set-top boxes, and hardware and software components thereof by reason of infringement of certain claims of U.S. Patent No. 5,585,838 (``the '838 patent''); U.S. Patent No. 5,731,844 (``the '844 patent''); U.S. Patent No. 6,028,604 (``the '604 patent''); and U.S. Patent No. 5,758,258 (``the '258 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 an exclusion order and a cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has determined to review certain portions of the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on December 16, 2010 finding no violation of section 337 in the above-captioned investigation.

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether termination of the suspended investigation on ammonium nitrate from Russia 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 March 31, 2011. Comments on the adequacy of responses may be filed with the Commission by May 16, 2011. 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), as most recently amended at 74 FR 2847 (January 16, 2009).

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 December 22, 2010, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

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 cased pencils 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).

The proposed information collection is a 3-year extension, pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13) (the ``Act''), of the current generic survey clearance previously approved by the Office of Management and Budget (``OMB''). The clearance is used by the U.S. International Trade Commission (``Commission'') to issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for a series of import injury investigations that are required by the Tariff Act of 1930 and the Trade Act of 1974. The current generic survey clearance is assigned OMB control No. 3117-0016; it will expire on June 30, 2011. Comments concerning the proposed information collections are requested in accordance with section 3506(c)(2)(A) of the Act; such comments are described in greater detail in the section of this notice entitled SUPPLEMENTARY INFORMATION.