International Trade Commission June 2012 – Federal Register Recent Federal Regulation Documents
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Certain Electronic Imaging Devices; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 23, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FlashPoint Technology, Inc. of Peterborough, New Hampshire. 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 imaging devices by reason of infringement of certain claims of U.S. Patent No. 6,400,471 (``the '471 patent''); U.S. Patent No. 6,222,538 (``the '538 patent''); U.S. Patent No. 6,504,575 (``the '575 patent''); and U.S. Patent No. 6,223,190 (``the '190 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.
Clad Steel Plate From Japan; Scheduling of a Full Five-Year Review Concerning the Antidumping Duty Order on Clad Steel Plate From Japan
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 clad steel plate from Japan 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).
Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof, Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on April 24, 2012, finding a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 in the above-captioned investigation.
Certain Activated Carbon from China; Notice of Commission Determination To Conduct a Full Five-year Review and Scheduling of a Full Five-Year Review Concerning the Antidumping Duty Order on Certain Activated Carbon From China
The Commission hereby gives notice of its determination to conduct, and 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 certain activated carbon 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).
Certain Rubber Resins and Processes for Manufacturing Same 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 May 21, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of SI Group, Inc. of Schenectady, New York. A letter supplementing the complaint was filed on June 12, 2012. 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 rubber resins and processes for manufacturing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Rules for Investigations Relating to Global and Bilateral Safeguard Actions, Market Disruption, Trade Diversion, and Review of Relief Actions
The United States International Trade Commission (Commission) is adopting as a final rule, with changes to correct three typographical errors, the interim rule amending its Rules of Practice and Procedure (Rules) that was published on January 26, 2012. The rule concerns 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 agreement with Panama, all of the aforementioned free trade agreements have entered into force. The free trade agreement with Panama is expected to enter into force imminently. The interim rule amended and expanded upon rules previously in effect that pertained 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.
Circular Welded Carbon-Quality Steel Pipe From India, Oman, the United Arab Emirates, and Vietnam; 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 Nos. 701-TA-482-485 (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-1191-1194 (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 India, Oman, the United Arab Emirates, and Vietnam of circular welded carbon-quality steel pipe, provided for in subheading 7306.19, 7306.30, and 7306.50 of the Harmonized Tariff Schedule of the United States.\1\
Certain Liquid Crystal Display Devices, Including Monitors, Televisions, Modules, and Components Thereof; Final Determination of No Violation of Section 337 With Respect to U.S. Patent Nos. 5,978,063; 5,648,674; 5,621,556; and 5,375,006 and Termination of the Investigation as to Those Patents and Remand of the Investigation as to U.S. Patent No. 6,121,941
Notice is hereby given that the U.S. International Trade Commission has determined to reverse the determination of the presiding administrative law judge (``ALJ'') that found a violation of section 337 of the Tariff Act of 1930 with respect to U.S. Patent No. 5,648,674 (``the '674 patent''), and to affirm, with modifications, the determination of the ALJ that found no violation with respect to U.S. Patent Nos. 5,978,063 (``the '063 patent''); 5,648,674 (``the `674 patent''); 5,621,556 (``the '556 patent''); and 5,375,006 (``the '006 patent''). The Commission hereby terminates the investigation with a finding of no violation as to the '006, '063, '556 and '674 patents. With respect to U.S. Patent No. 6,121,941 (``the '941 patent''), the Commission has determined to issue a remand to the ALJ to determine whether the asserted claims are invalid in view of the ViewFrame II+2 prior art.
Certain Communication Equipment, Components Thereof, and Products Containing the Same, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers and Other Devices Used in LANS, and Cameras; Determination Not To Review an Initial Determination Granting 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. 10) granting the Complainant's motion to amend the complaint and the Notice of Investigation.
Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof Determination Not To Review Two Initial Determinations Terminating the Investigation as to All Remaining Respondents; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review two initial determinations (``IDs'') (Order Nos. 21 and 22) of the presiding administrative law judge (``ALJ'') terminating the investigation as to all remaining respondents.
Certain Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same Determination Not To Review ALJ Order Nos. 8 And 9; Termination of the Investigation Based on a Withdrawal of 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'') Order No. 8 denying a motion for a show cause order and an initial determination (``ID'') (Order No. 9) terminating the investigation based on complainant's withdrawal of the complaint.
Crystalline Silicon Photovoltaic Cells and Modules 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-481 (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- 1190 (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 crystalline silicon photovoltaic cells and modules, provided for in subheadings 8501.31.80, 8501.61.00, 8507.20.80, and 8541.40.60 of the Harmonized Tariff Schedule of the United States.\1\
Certain Mobile Devices, Associated Software, and Components Thereof Final Determination of Violation; Issuance of a Limited Exclusion Order; Termination of 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 respondent Motorola Mobility, Inc. of Libertyville, Illinois (``Motorola'') in the above-captioned investigation. The Commission has issued a limited exclusion order directed to the infringing products of Motorola and has terminated the investigation.
Certain Radio Frequency Integrated Circuits and Devices Containing Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 15, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Peregrine Semiconductor Corporation of San Diego, California. Supplements were filed on February 16 and February 28, 2012. The complaint was amended on May 11, 2012. The complaint, as supplemented and amended, 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 radio frequency integrated circuits and devices containing same by reason of infringement of certain claims of U.S. Patent No. 7,910,993 (``the `993 patent''); U.S. Patent No. 7,123,898 (``the `898 patent''); U.S. Patent No. 7,460,852 (``the `852 patent''); U.S. Patent No. 7,796,969 (``the `969 patent''); and U.S. Patent No. 7,860,499 (``the `499 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 order.
Xanthan Gum From Austria and China; Institution of Antidumping Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping investigation Nos. 731-TA-1202-03 (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 Austria and/or China of xanthan gum, provided for in subheading 3913.90.20 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. 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 July 20, 2012. The Commission's views are due at Commerce within five business days thereafter, or by July 27, 2012. 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).
Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same Termination of Investigation With Final Determination of No Violation
Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned investigation with a final determination of no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'').
Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 2, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Nokia Corporation of Finland; Nokia Inc. of Sunnyvale, California; and Intellisync Corporation 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 electronic devices, including mobile phones and tablet computers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,570,369 (``the '369 patent''); U.S. Patent No. 5,884,190 (``the '190 patent''); U.S. Patent No. 6,141,664 (``the '664 patent''); U.S. Patent No. 6,393,260 (``the '260 patent''); U.S. Patent No. 6,728,530 (``the '530 patent''); U.S. Patent No. 7,106,293 (``the '293 patent''); U.S. Patent No. 7,209,911 (``the '911 patent''); U.S. Patent No. 7,365,529 (``the '529 patent''); and U.S. Patent No. 7,415,247 (``the '247 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 Polyimide Films, Products Containing Same, and Related Methods; Notice of 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 with respect to the accused products of respondents SKI Kolon PI, Inc. and SKC, Inc.
Certain Integrated Circuit Packages Provided With Multiple Heat-Conducting Paths and Products Containing Same; Notice of 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 Certain Integrated Circuit Packages Provided With Multiple Heat-Conducting Paths and Products Containing Same, DN 2899; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
Certain CMOS Image Sensors and Products Containing Same; 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 May 1, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of California Institute of Technology of Pasadena, California. Letters supplementing the complaint were filed on May 21, 2012, and May 22, 2012. 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 CMOS image sensors and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,841,126 (``the `126 patent''); U.S. Patent No. 5,990,506 (``the `506 patent''); and U.S. Patent No. 6,606,122 (``the `122 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 Products Containing Interactive Program Guide and Parental Control Technology; 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 May 1, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Rovi Corporation of Santa Clara, California; Rovi Guides, Inc. of Santa Clara, California; Rovi Technologies Corporation of Santa Clara, California; Starsight Telecast, Inc. of Santa Clara; United Video Properties, Inc. of Santa Clara, California; and Index Systems, Inc. of the British Virgin Islands. 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 products containing interactive program guide and parental control technology by reason of infringement of certain claims of U.S. Patent No. 6,701,523 (``the `523 patent''); U.S. Patent No. 6,898,762 (``the `762 patent''); U.S. Patent No. 7,065,709 (``the `709 patent''); U.S. Patent No. 7,103,906 (``the `906 patent''); U.S. Patent No. 7,225,455 (``the `455 patent''); U.S. Patent No. 7,493,643 (``the `643 patent''); and U.S. Patent No. 8,112,776 (``the `776 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 Electronic Imaging Devices Corrected: Notice of 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 Certain Electronic Imaging Devices, DN 2898; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
Certain Drill Bits and Products Containing the Same; 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 April 25, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Boart Longyear Company of South Jordan, Utah and Longyear TM, Inc. of South Jordan, Utah. 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 drill bits and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,828,090 (``the '090 patent''); U.S. Patent No. 7,874,384 (``the '384 patent''); and U.S. Patent No. 8,051,929 (``the '929 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 Handheld Electronic Computing Devices, Related Software, and Components Thereof; Termination of the Investigation Based on Settlement and Partial Withdrawal of the Complaint
Notice is hereby given that the U.S. International Trade Commission has determined not to review initial determinations (``IDs'') (Order Nos. 40 and 41) of the presiding administrative law judge (``ALJ'') terminating the above-captioned investigation as to one remaining respondent Inventec Corporation (``Inventec'') of Taipei County, Taiwan based on partial withdrawal of the complaint, and as to the other remaining respondents Barnes & Noble, Inc. and barnesandnoble.com, LLC (collectively, ``Barnes & Noble''), both of New York, New York, based on a settlement agreement.
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