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

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Wireless Devices with 3G Capabilities and Components Thereof, DN 2835; the Commission is soliciting comments on any public interest issues raised by the complaint.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Computer Forensic Devices and Products Containing the Same, DN 2834; 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 June 27, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AU Optronics Corporation of Taiwan and AU Optronics Corporation America of Milpitas, California. A letter supplementing the complaint was filed on July 12, 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 flat panel display devices and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,281,955 (``the `955 patent''); U.S. Patent No. 7,697,093 (``the `093 patent''); U.S. Patent No. 7,286,192 (``the `192 patent''); U.S. Patent No. 6,818,967 (``the `967 patent''); U.S. Patent No. 7,199,854 (``the `854 patent''); and U.S. Patent No. 7,663,729 (``the `729 patent''). 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.

Following receipt of a request dated and received June 28, 2011 from the U.S. Trade Representative (USTR) 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. 332-525, Remanufactured Goods: An Overview of the U.S. and Global Industries, Markets, and Trade.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on May 12, 2011, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 17, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Twin-Star International, Inc. of Delray Beach, California and TS Investment Holding Corp. of Miami, Florida. Supplements to the complaint were filed on July 1, 2011 and July 8, 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 electric fireplaces, components thereof, manuals for same, certain processes for manufacturing or relating to same and certain products containing same by reason of infringement of U.S. Copyright Registration No. TX0007350474; U.S. Copyright Registration No. TX0007350476; U.S. Copyright Registration No. VA0001772660; and U.S. Copyright Registration No. VA0001772661, misappropriation of trade secrets, and unfair competition. The complaint further alleges that there exists in the United States an industry as required by subsection (a)(1)(A) of section 337. The complainants request 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 of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1189 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (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 from Korea of large power transformers, provided for in subheading 8504.23.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by August 29, 2011. The Commission's views are due at Commerce within five business days thereafter, or by September 6, 2011. For further information concerning the conduct of this investigation 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 and B (19 CFR part 207).

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 17, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Kaneka Corporation of Japan. Supplementary materials were filed on June 24 and 27, 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 coenzyme Q10 products and methods of making same by reason of infringement of certain claims of U.S. Patent No. 7,910,340 (``the `340 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 June 16, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Vizio, Inc. of Irvine, California. Letters supplementing the complaint were filed on June 29 and July 6, 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 digital televisions and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,511,096 (``the `096 patent''); U.S. Patent No. 5,621,761 (``the `761 patent''); U.S. Patent No. 5,703,887 (``the `887 patent''); U.S. Patent No. 5,745,522 (``the `522 patent''); and U.S. Patent No. 5,511,082 (``the `082 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established 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 June 13, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ogma, LLC of Longview, Texas. Supplements to the complaint were filed on June 17 and 29, 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 motion-sensitive sound effects devices and image display devices and components and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,150,947 (``the '947 patent'') and U.S. Patent No. 5,825,427 (``the '427 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 the U.S. International Trade Commission has received a complaint entitled In Re Certain Dynamic Random Access Memory and Nand Flash Memory Devices and Products Containing Same, DN 2829; the Commission is soliciting comments on any public interest issues raised by the complaint.

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. 73) granting a joint motion by complainant Apple Inc., f/k/a Apple Computer, Inc. of Cupertino, California (``Apple'') and respondents Nokia Corporation of Espoo, Finland and Nokia Inc. of White Plains, New York (collectively ``Nokia'') to terminate in its entirety Inv. No. 337-TA-704, Certain Mobile Communications and Computer Devices and Components Thereof based on a settlement agreement.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Portable Electronic Devices and Related Software, DN 2828; the Commission is soliciting comments on any public interest issues raised by the complaint.

Following receipt of a request dated June 16, 2011 from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-527, Probable Economic Effect of Providing Duty-Free, Quota-Free Treatment for Imports from Least-Developed Countries, 2012 Report, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), for the purpose of providing a report that contains the Commission's advice as to the probable economic effect of providing duty-free, quota-free treatment (DFQF) for imports of least-developed countries (LDCs) as outlined in the decision on proposal 36 in Annex F of the Hong Kong Ministerial Declaration on (i) Industries in the United States producing like or directly competitive products, (ii) consumers, (iii) imports under specified U.S. preference programs, and (iv) imports from U.S. free trade agreement (FTA) partner countries.

Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion by Complainants and Respondent to terminate the investigation on the basis of a settlement agreement.

Notice is hereby given that two complaints were filed with the U.S. International Trade Commission on June 3, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of OSRAM GmbH of Germany. Both complaints allege 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 lighting-emitting diodes and products containing same by reason of infringement of certain claims of U.S. Patents. The first complaint asserts U.S. Patent No. 6,812,500 (``the `500 patent''); U.S. Patent No. 7,078,732 (``the `732 patent''); U.S. Patent No. 7,126,162 (``the `162 patent''); U.S. Patent No. 7,345,317 (``the `317 patent''); U.S. Patent No. 7,629,621 (``the `621 patent''); U.S. Patent No. 6,459,130 (``the `130 patent''); U.S. Patent No. 6,927,469 (``the `469 patent''); U.S. Patent No. 7,199,454 (``the `454 patent''); and U.S. Patent No. 7,427,806 (``the `806 patent''). The second complaint asserts U.S. Patent No. 6,849,881 (``the `881 patent''); U.S. Patent No. 6,975,011 (``the `011 patent''); U.S. Patent No. 7,106,090 (``the `090 patent''); U.S. Patent No. 7,151,283 (``the `283 patent''); and U.S. Patent No. 7,271,425 (``the `425 patent'') as well as the `500 patent, `732 patent, `162 patent, `621 patent, `130 patent, `469 patent, and `454 patent. Each 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 the two investigations and, after the investigation, issue an exclusion order and cease and desist orders. Letters regarding the possible consolidation of investigations stemming from these complaints were received on June 21, June 22, and June 29, 2011.

Notice is hereby given that a complaint was filed with the

As part of a Federal Government-wide effort to streamline the

Notice is hereby given that a complaint was filed with the

The United States International Trade Commission (``Commission'') proposes to issue a Handbook on Filing Procedures to replace its Handbook on Electronic Filing Procedures. The revision is necessary to implement a new Commission requirement for electronic filing of most documents with the agency. The intended effects of the proposed change are to increase efficiency in processing documents filed with the Commission, reduce Commission expenditures, and conform agency processes to federal government initiatives.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data, and Tablet Computers, DN 2824; the Commission is soliciting comments on any public interest issues raised by the complaint.