International Trade Commission January 2012 – Federal Register Recent Federal Regulation Documents
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Certain Mobile Devices and Related Software Corrected Notice of Request for Statements on the Public Interest
This Notice corrects the notice in the same matter published January 25, 2012, Vol. 77, No. 16, page 77 FR 3794, to replace Motorola Solutions as Respondent with Motorola Mobility, Inc. The following notice provides the complete corrected notice: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order directed to the products of Motorola Mobility, Inc. of Libertyville, Illinois (``Motorola'') that have been found to infringe the asserted patents and a cease and desist order directed to Motorola.
Certain Dimmable Compact Fluorescent Lamps and Products Containing Same; 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 In Re Certain Dimmable Compact Fluorescent Lamps and Products Containing Same, DN 2873; the Commission is soliciting comments on any public interest issues raised by the complaint.
Certain Toner Cartridges and Components Thereof; 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 In Re Certain Toner Cartridges and Components Thereof, DN 2872; the Commission is soliciting comments on any public interest issues raised by the complaint.
Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof; 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 In Re Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof, DN 2869; the Commission is soliciting comments on any public interest issues raised by the complaint.
Rules for Investigations Relating to Global and Bilateral Safeguards Actions, Market Disruption, Trade Diversion, and Review of Relief Actions
The United States International Trade Commission (Commission) is adopting interim rules that amend the Commission's Rules of Practice and Procedure to make technical amendments and to provide rules for the conduct of safeguard investigations under statutory provisions that implement bilateral safeguard provisions in free trade agreements that the United States has negotiated with Australia, Bahrain, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore. With the exception of the free trade agreements with Colombia, Korea, and Panama, all of the aforementioned free trade agreements have entered into force. The free trade agreements with Colombia, Korea, and Panama are expected to enter into force imminently. The interim rules would amend and expand upon current rules that pertain to the conduct of bilateral safeguard investigations under the North American Free Trade Agreement (NAFTA) Implementation Act with respect to imports from Canada and Mexico.
Certain Mobile Devices and Related Software; Request for Statements on the Public Interest
Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order directed to the products of Motorola Solutions that have been found to infringe the asserted patents and a cease and desist order directed to Motorola Solutions.
Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof; Request for Statements on the Public Interest
Notice is hereby given that the presiding administrative law judge (ALJ) has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding (ID/RD) in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order directed to any respondent that the Commission finds in violation of section 337, and a cease and desist order to any respondent found to have a commercially significant infringing inventory.
High Pressure Steel Cylinders From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Investigations
The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-480 (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 No. 731-TA- 1188 (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 and less-than-fair-value imports from China of high pressure steel cylinders, provided for in subheading 7311.00.00 of the Harmonized Tariff Schedule of the United States.\1\
Certain Video Displays and Products Using and Containing Same; 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 In Re Certain Video Displays and Products Using and Containing Same, DN 2871; the Commission is soliciting comments on any public interest issues raised by the complaint.
Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 61) granting a joint motion to terminate the above- captioned investigation as to respondents Toshiba Corporation of Tokyo, Japan, and Toshiba America Information Systems, Inc., of Irvine, California (collectively, ``Toshiba'') based on a settlement agreement. Because the Toshiba entities were the last remaining entities in the investigation, the consolidated investigation is terminated.
Certain Agricultural Vehicles and Components Thereof Final Determination; Reinstatement of General Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by respondents Bourdeau Bros., Inc., Sunova Implement Co., and OK Enterprises in the above-captioned remand investigation. The Commission has reinstated the general exclusion order with respect to subject self-propelled forage harvesters and the cease and desist orders against Bourdeau and OK Enterprises and certain other firms that it had issued in the original investigation, and has terminated the investigation.
Certain Portable Communication Devices; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 2, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Digitude Innovations LLC of Alexandria, Virginia. An amended complaint was filed on December 16, 2011. 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 portable communication devices by reason of infringement of certain claims of U.S. Patent No. 5,926,636 (``the '636 patent''); U.S. Patent No. 5,929,655 (``the '655 patent''); U.S. Patent No. 6,208,879 (``the '879 patent''); and U.S. Patent No. 6,456,841 (``the '841 patent''). The amended 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.
Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 13, 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, Florida and TS Investment Holding Corp. of Miami, Florida. 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, breach of contract, and tortious interference with contract. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337, and that the threat or effect of the unfair methods of competition and unfair acts is to destroy or substantially injure an industry in the United States 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 cease and desist orders.
Certain Circular Welded Pipe and Tube From Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey; Scheduling of Full Five-Year Reviews
The Commission hereby gives notice of the scheduling of full reviews 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 countervailing duty order on welded carbon steel pipe and tube from Turkey, the antidumping duty orders on welded carbon steel pipe and tube from India, Thailand, and Turkey, the antidumping duty orders on circular welded nonalloy steel pipe from Brazil, Korea, Mexico, and Taiwan, and the antidumping duty order on small diameter carbon steel pipe and tube from Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). 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).
Certain Silicon Microphone Packages and Products Containing Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 7, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Knowles Electronics LLC of Itasca, Illinois. A supplement to the Complaint was filed on December 21, 2011. 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 silicon microphone packages and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,439,616 (``the `616 patent'') and U.S. Patent No. 8,018,049 (``the `049 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.
Investigations: Terminations, Modifications and Rulings: Certain Video Game Systems and Controllers
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part and affirm the final initial determination of the administrative law judge that no violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), has been shown in the above-captioned investigation. The investigation is terminated.
Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Walker Digital, LLC, of Stamford, Connecticut. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. 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 Blu- ray disc players, components thereof and products containing same by reason of infringement of certain claims of U.S. Patent No 6,263,505 (``the `505 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.
Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 30, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Freescale Semiconductor, Inc. of Austin, Texas. 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 integrated circuits, chipsets, and products containing same including televisions by reason of infringement of certain claims of U.S. Patent No. 5,467,455 (``the `455 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.
Certain Kinesiotherapy Devices and Components Thereof; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 2, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Standard Innovation Corporation of Ottawa, Canada and Standard Innovation (US) Corp. of Wilmington, Delaware. Supplements to the complaint were filed on December 19, 2011, and December 27, 2011. 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 kinesiotherapy devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,931,605 (``the `605 patent' '') and U.S. Patent No. D605,779 (``the `779 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.
Certain Portable Electronic Devices and Related Software; Determination Not To Review Initial Determination Granting 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. 19) granting Complainant's unopposed motion to amend the Complaint and Notice of Investigation.
Large Residential Washers From Korea and Mexico; Institution of Antidumping 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-488 and 731-TA-1199-1200 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 and Mexico of large residential washers that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of Korea. The products subject to the petitions are classifiable in subheading 8450.20.00 of the Harmonized Tariff Schedule of the United States, and imported under statistical reporting number 8450.20.0090. Products subject to these petitions may also be imported under HTS subheadings 8450.11.00, 8450.90.20 or 8450.90.60. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 13, 2012. The Commission's views are due at Commerce within five business days thereafter, or by February 21, 2012. For further information concerning the conduct of these investigations 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).
Steel Wire Garment Hangers From Taiwan and Vietnam; Institution of Antidumping 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 investigations Nos. 701-TA-487 and 731-TA-1197-1198 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 Taiwan and Vietnam of steel wire garment hangers, provided for in subheading 7326.20 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 alleged to be subsidized by the Government of Vietnam. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 13, 2012. The Commission's views are due at Commerce within five business days thereafter, or by February 21, 2012. For further information concerning the conduct of these investigations 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).
Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same; Determination Not To Review an Initial Determination Granting Motion To Amend 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. 16) of the presiding administrative law judge (``ALJ'') granting complainant's motion to amend complaint and notice of investigation.
Utility Scale Wind Towers From China and Vietnam; Institution of Antidumping 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 investigations Nos. 701-TA-486 and 731-TA-1195-1196 (Preliminary) under section 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 China and Vietnam of utility scale wind towers, provided for in subheading 7308.20.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. 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 preliminary determinations in antidumping investigations in 45 days, or in this case by February 13, 2012. The Commission's views are due at Commerce within five business days thereafter, or by February 21, 2012. For further information concerning the conduct of these investigations 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).
Certain Components for Installation of Marine Autopilots With GPS or IMU; Termination of Investigation on the Basis of Settlement
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's initial determination (``ID'') (Order No. 26) granting a joint motion to terminate the investigation as to the last remaining respondents on the basis of a settlement agreement, and terminating the investigation in its entirety.
Certain Light-Emitting Diodes and Products Containing the Same; Determination Not To Review Initial Determination Concerning 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. 9) of the presiding administrative law judge (``ALJ'') granting in part and denying in part complainant's motion to amend the complaint and notice of investigation.
Certain Portable Communication Devices; Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled In Re Certain Portable Communication Devices, DN 2861; the Commission is soliciting comments on any public interest issues raised by the amended complaint.
Corrosion-Resistant Carbon Steel Flat Products From Germany and Korea: Institution of Five-Year Reviews Concerning the Countervailing Duty Order on Corrosion-Resistant Carbon Steel Flat Products From Korea and the Antidumping Duty Orders on Corrosion-Resistant Carbon Steel Flat Products From Germany and Korea
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 corrosion-resistant carbon steel flat products from Korea and the antidumping duty orders on corrosion- resistant carbon steel flat products from Germany and Korea 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 February 2, 2012. Comments on the adequacy of responses may be filed with the Commission by March 19, 2012. 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), as most recently amended at 74 FR 2847 (January 16, 2009).
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