International Trade Commission October 2012 – Federal Register Recent Federal Regulation Documents
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Certain Automated Media Library Devices; Notice of Commission Decision Remanding the Investigation as To U.S. Patent Nos. 6,328,766 and 6,353,581; Extension of Target Date
Notice is hereby given that the U.S. International Trade Commission has determined to remand to the presiding administrative law judge (``ALJ'') with respect to U.S. Patent Nos. 6,328,766 (``the '766 patent'') and 6,353,581 (``the '581 patent''), and the target date for completion of the investigation is extended to March 25, 2013.
Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 25, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago Technologies U.S. Inc. of San Jose, California. Letters supplementing the complaint were filed on October 4, October 16, and October 17, 2012. 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 optoelectronic devices for fiber optic communications, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,947,456 (``the '456 patent'') and U.S. Patent No. 5,596,595 (``the '595 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 order.
Circular Welded Carbon-Quality Steel Pipe From Vietnam; Termination of Investigation
On October 22, 2012, the Department of Commerce published notice in the Federal Register of a negative final determination of subsidies in connection with the subject investigation (77 FR 64471). Accordingly, pursuant to section 207.40(a) of the Commission's Rules of Practice and Procedure (19 CFR 207.40(a)), the countervailing duty investigation concerning circular welded carbon-quality steel pipe from Vietnam (investigation No. 701-TA-485 (Final)) is terminated.
Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same; 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 against certain devices for improving uniformity used in a backlight module and components thereof and products containing same imported by respondents LG Electronics, Inc. and LG Display Co., Ltd. both of Seoul, Republic of South Korea (collectively ``LG'') and cease and desist orders against LG.
Certain Hydroxyprogesterone Caproate and Products Containing the 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 Hydroxyprogesterone Caproate and Products Containing the Same, DN 2919; 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 Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, and Components Thereof
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 5) terminating the above-captioned investigation based on withdrawal of the complaint. The investigation is terminated.
Certain Cameras and Mobile Devices, Related Software and Firmware, and Components Thereof and Products Containing the Same Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 11) terminating the above-captioned investigation.
Honey From China; Scheduling of an Expedited Five-Year Review Concerning the Antidumping Duty Order on Honey 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 honey 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).
Ammonium Nitrate From Ukraine; 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 Ammonium Nitrate From Ukraine
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 ammonium nitrate from Ukraine 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 Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV); Final Determination of Violation; Issuance of a General Exclusion Order and Cease and Desist Orders; and Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has terminated the above-captioned investigation with a finding of violation of section 337, and has issued a general exclusion order directed against infringing lighting control devices including dimmer switches and parts thereof, and cease and desist orders directed against respondents American Top Electric Corp. (``American Top'') and Big Deal Electric Corp. (``Big Deal''), both of Santa Ana, California; Elemental LED, LLC d/b/a Diode LED (``Elemental'') of Emeryville, California; and Zhejiang Yuelong Mechanical and Electrical Co. (``Zhejiang Yuelong'') of Zhejiang, China.
Certain Integrated Circuit Chips and Products Containing the Same; Institution of Investigation Pursuant to United States Code
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 19, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Realtek Semiconductor Corporation of Taiwan. A letter supplementing the Complaint was filed on October 5, 2012. 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 circuit chips and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,787,928 (``the `928 patent'') and U.S. Patent No. 6,963,226 (``the `226 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.
Investigation Nos. 701-TA-402 and 731-TA-892 (Second Review); Honey From Argentina; Termination of Five-Year Reviews
The subject five-year reviews were instituted in July 2012 to determine whether revocation of the countervailing duty order and antidumping duty order on imports of honey from Argentina would be likely to lead to continuation or recurrence of material injury. On September 21, 2012, the Department of Commerce published notice that it was revoking the orders effective August 2, 2012, because no domestic interested party responded to the sunset review notice of initiation by the applicable deadline (77 FR 58524). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject reviews are terminated.
Drawn Stainless Steel Sinks From China
The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-489 (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- 1201 (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 drawn stainless steel sinks, provided for in subheading 7324.10.00 of the Harmonized Tariff Schedule of the United States.\1\
Certain Devices With Secure Communication Capabilities, Components Thereof, and Products Containing Same; Institution of Investigation Pursuant to United States Code
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 14, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of VirnetX, Inc., of Zephyr Cove, Nevada and Science Applications International Corporation of McLean, Virginia. A supplement to the complaint was filed on September 28, 2012. 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 devices with secure communication capabilities, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,051,181 (``the `181 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 complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.
Steel Concrete Reinforcing Bar From Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine; Notice of Commission Determinations to Conduct Full Five-Year Reviews
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 steel concrete reinforcing bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, 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).
Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein; Institution of Investigation Pursuant to United States Code
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 10, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of South Alabama Medical Science Foundation of Mobile, Alabama; Merck & Cie of Switzerland; and Pamlab LLC of Covington, Louisiana. 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 reduced folate nutraceutical products and l-methylfolate raw ingredients used therein by reason of infringement of certain claims of U.S. Patent No. 5,997,915 (``the `915 patent''); U.S. Patent No. 6,673,381 (``the `381 patent''); U.S. Patent No. 7,172,778 (``the `778 patent''); and U.S. Patent No. 6,011,040 (``the `040 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 Commission Determination To Affirm the Final Initial Determination With Respect to the Issues on Review and To Terminate the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm, as modified, the final initial determination (``final ID'' or ``ID'') of the presiding administrative law judge (``ALJ'') in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, and has terminated the investigation.
Certain Prepregs, Laminates, and Finished Circuit Boards: Notice of Institution of Formal Enforcement Proceeding
Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the April 10, 2009, consent order issued in the above-captioned investigation.
Rules of General Application, Adjudication, and Enforcement
The United States International Trade Commission (``Commission'') proposes to amend its Rules of Practice and Procedure concerning adjudication and enforcement. The amendments are necessary to address concerns that have arisen about the scope of discovery in Commission proceedings under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) (``section 337''). The intended effect of the proposed amendments is to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while preserving the opportunity for fair and efficient discovery for all parties.
Olive Oil: Conditions of Competition Between U.S. and Major Foreign Supplier Industries
Following receipt on September 12, 2012, of a request from the Committee on Ways and Means (Committee) of the House of Representatives 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. 332-537, Olive Oil: Conditions of Competition between U.S. and Major Foreign Supplier Industries.
Certain Semiconductor Integrated Circuit Devices and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Settlement Agreement; Termination 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. 13) granting a joint motion to terminate the investigation in its entirety based on a settlement agreement. The investigation is terminated.
Certain Devices for Mobile Data Communication; Notice of Commission Determination Not To Review an Initial Determination Granting in Part Complainant's Motion for Leave 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. 41) granting in part complainant's motion for leave to amend the complaint and notice of investigation.
Certain Coenzyme Q10 Products and Methods of Making Same; 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 Bond 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 Zhejiang Medicine Co., Ltd., ZMC-USA, L.L.C., Xiamen Kingdomway Group Company, Pacific Rainbow International, Mitsubishi Gas and Chemical Company, Mitsubishi Gas Chemical America, Inc., and Shenzhou Biology and Technology Co., Ltd.
Certain Electronic Devices, Including Wireless Commmunication Devices, Portable Music and Data Processing Devices, and Tablet Computers; 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 against certain infringing electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers, imported by Apple Inc. of Cupertino, California.
Hardwood Plywood From China: 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-490 and 731-TA-1204 (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 China of hardwood plywood, provided for in subheadings 4412.10; 4412.31; 4412.32; 4412.39; 4412.94; and 4412.99 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 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 November 13, 2012. The Commission's views are due at Commerce within five business days thereafter, or by November 19, 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).
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 Cases for Portable Electronic Devices, DN 2917 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)).
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 Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same, DN 2916 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 Folding Metal Tables and Chairs From China; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Certain Folding Metal Tables and Chairs From China
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 revocation of the antidumping duty order on certain folding metal tables and chairs from China 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 October 31, 2012. Comments on the adequacy of responses may be filed with the Commission by December 14, 2012. 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).
Silicomanganese From India, Kazakhstan, and Venezuela; Institution of Five-Year Reviews Concerning the Antidumping Duty Orders on Silicomanganese From India, Kazakhstan, and Venezuela
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 antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela 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 October 31, 2012. Comments on the adequacy of responses may be filed with the Commission by December 14, 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).
Certain Welded Large Diameter Line Pipe From Japan; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Certain Welded Large Diameter Line Pipe From Japan
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 revocation of the antidumping duty order on certain welded large diameter line pipe from Japan 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 October 31, 2012. Comments on the adequacy of responses may be filed with the Commission by December 14, 2012. 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).
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