International Trade Commission January 2013 – Federal Register Recent Federal Regulation Documents
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Certain Cases for Portable Electronic Devices; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 26, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Speculative Product Design, LLC of Mountain View, 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 cases for portable electronic devices by reason of infringement of U.S. Patent No. 8,204,561 (``the '561 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 Wireless Communications Equipment and Articles Therein; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 21, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Samsung Electronics Co., Ltd., Seoul, Republic of Korea and Samsung Telecommunications America, LLC of Richardson, Texas. A letter supplementing the complaint was filed on January 10, 2013. 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 wireless communications equipment and articles therein by reason of infringement of U.S. Patent No. 7,782,749 (``the `749 patent''); U.S. Patent No. 8,165,081 (``the `081 patent''); U.S. Patent No. 8,208,438 (``the `438 patent''); U.S. Patent No. 8,228,827 (``the `827 patent''); U.S. Patent No. 6,617,929 (``the `929 patent''); U.S. Patent No. 6,767,813 (``the `813 patent''); U.S. Patent No. 6,865,682 (``the `682 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 cease and desist orders.
Certain Balloon Dissection Devices 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 21, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Covidien LP of Mansfield, Massachusetts. 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 dissection balloons and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,312,442 (``the `442 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(3) 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 Mobile Handset Devices and Related Touch Keyboard Software; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 20, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Nuance Communications, Inc. of Burlington, Massachusetts. An amended complaint was filed on January 11, 2013 on behalf of Nuance Communications, Inc.; Swype, Inc.; Tegic Communications, Inc.; and ZI Corporation, all of Burlington, Massachusetts. A supplement to the amended complaint was filed on January 16, 2013. 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 mobile handset devices and related touch keyboard software by reason of infringement of certain claims of U.S. Patent No. 7,750,891 (``the '891 patent''); U.S. Patent No. 7,453,439 (``the '439 patent''); U.S. Patent No. 7,098,896 (``the '896 patent''); U.S. Patent No. 7,075,520 (``the '520 patent''); and U.S. Patent No. 6,286,064 (``the '064 patent''). The amended 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 Kinesiotherapy Devices and Components Thereof; 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 general exclusion order.
Certain Wireless Communications Base Stations and Components Thereof 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 Wireless Communications Base Stations and Components Thereof, DN 2934; 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 Electronic Digital Media Devices and Components Thereof: Commission Determination To Review a Final Initial Determination Finding a Violation of Section 337; Remand-in-Part of the Investigation to the Administrative Law Judge
Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on October 24, 2012, finding a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation. The Commission has also determined to remand-in-part the investigation to the ALJ.
Certain Paper Shredders, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same and Certain Parts Thereof
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 20, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Fellowes, Inc. of Itasca, Illinois and Fellowes Office Products (Suzhou) Co. Ltd. of China. Letters supplementing the complaint were filed on January 8 and 10, 2013. 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 paper shredders, certain processes for manufacturing or relating to same and certain products containing same and certain parts thereof by reason of infringement of U.S. Patent No. D583,859 (``the `859 patent'') and U.S. Patent No. D598,048 (``the `048 patent'') and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint also 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 paper shredders, certain processes for manufacturing or relating to same and certain products containing same and certain parts thereof 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 complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
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 Sealing Rings for Utility Meters and Components Thereof, DN 2933; 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)).
Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review: Additions and Competitive Need Limitation Waivers; Institution of Investigation and Scheduling of Hearing
Following receipt of a request on January 8, 2013, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-538, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review: Additions and Competitive Need Limitation Waivers, for the purpose of providing advice as to the probable economic effect of the addition of certain products to the list of items eligible for duty-free treatment under the U.S. GSP program and providing certain advice regarding the effect of a waiver of the competitive need limitations under the program for certain countries and articles.
Certain Led Photographic Lighting Devices and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order; Termination of Certain Respondents Based on Consent Order; Issuance of Consent Order; and Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a general exclusion order prohibiting importation of infringing LED photographic lighting devices and components thereof. The Commission has also determined to terminate certain respondents on the basis of a consent order stipulation, and has issued a consent order.
Investigations: Terminations, Modifications and Rulings: Certain Electronic Devices With Graphics Data Processing Systems, Components Thereof, and Associated Software
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (Order No. 32) terminating the above-captioned investigation in its entirety based upon a settlement agreement. The investigation is terminated.
Silicomanganese From India, Kazakhstan, Venezuela: Notice of Commission Determination 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 silicomanganese from India, Kazakhstan, and Venezuela 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 Electronic Bark Control Collars; 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 Bark Control Collars, DN 2932; 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 Rubber Resins & Processes for Manufacturing Same; Commission Determination Not To Review an Initial Determination Granting in Part Complainant's Motion for Leave To File an Amended Complaint and To Amend the 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. 21) of the presiding administrative law judge granting in part complainant's motion for leave to file an amended complaint and to amend the notice of investigation.
Certain Blu-Ray Disc Players, Components Thereof and Products Containing the Same; Termination of an 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 determinations (``IDs'') (Order Nos. 42- 43) terminating the above-captioned investigation as to five respondents on the basis of withdrawal of the complaint (Order No. 42) and as to the two remaining respondents on the basis of a settlement agreement (Order No. 43). Termination as to these last remaining respondents thereby terminates the investigation.
Certain Welded Large Diameter Line Pipe From Japan; Notice of Commission Determination To Conduct a Full Five-Year Review
The Commission hereby gives notice that it will proceed with a full review 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 order on certain welded large diameter line pipe from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. 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 Microprocessors, Components Thereof, and Products Containing Same; 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 should the Commission find a violation of section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. 1337, specifically a limited exclusion order, and cease and desist orders against certain respondents.
Digital Trade in the U.S. and Global Economies, Part I; Institution of Investigation and Scheduling of Hearing
Following receipt of a request dated December 13, 2012 (received on December 14, 2012) from the Senate Committee on Finance, (Committee) 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. 332-531, Digital Trade in the U.S. and Global Economies, Part I, for the purpose of preparing the first of two reports requested by the Committee.
Corrected: Certain Cases For Portable Electronic Devices; 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 2927; 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 Robotic Toys and Components Thereof; 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 Robotic Toys and Components Thereof, DN 2930; 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 Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Enforcement Proceeding); Commission Determination To Review and Reverse an Initial Determination of the Presiding Administrative Law Judge; Termination of the Enforcement Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to review and reverse an initial determination (``ID'') (Order No. 57) of the presiding administrative law judge in the above-captioned enforcement proceeding. The enforcement proceeding is hereby terminated.
Certain Food Waste Disposers and Components and Packaging Thereof; Notice of the Commission's Determination Not To Review Initial Determinations Granting Complainant's Motions To Partially Terminate the Investigation and To Withdraw the Complaint; Termination of the 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 determinations (``IDs'') (Order Nos. 6, and 8) granting (1) a motion by complainant Emerson Electric Co. of St. Louis, Missouri (``Emerson'') to partially terminate the investigation and (2) a motion to terminate the investigation based on withdrawal of the complaint.
Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, and Components Thereof; 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 November 30, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden. Letters supplementing the complaint were filed on December 3, December 12, and December 19, 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 electronic devices, including wireless communication devices, tablet computers, media players, and televisions, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,029,052 (``the `052 patent''); U.S. Patent No. 6,058,359 (``the `359 patent''); U.S. Patent No. 6,278,888 (``the `888 patent''); U.S. Patent No. 6,301,556 (``the `556 patent''); U.S. Patent No. 6,418,310 (``the `310 patent''); U.S. Patent No. 6,445,917 (``the `917 patent''); U.S. Patent No. 6,473,506 (``the `506 patent''); U.S. Patent No. 6,519,223 (``the `223 patent''); U.S. Patent No. 6,624,832 (``the `832 patent''); U.S. Patent No. 6,772,215 (``the `215 patent''); and U.S. Patent No. 8,169,992 (``the `992 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.
Certain Computing Devices With Associated Instruction Sets and Software; Notice of Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate This Investigation Based on a Settlement; 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. 18) granting a joint motion to terminate this investigation based on a settlement. The investigation is hereby terminated.
Certain Pasta From Italy and Turkey; Notice of Commission Determination 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 countervailing duty orders and revocation of the antidumping duty orders on certain pasta from Italy and Turkey would be likely to lead to continuation or recurrence of material injury to an industry in the United States 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 Wireless Devices With 3G and/or 4G Capabilities and Components Thereof 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 Wireless Devices with 3G and/or 4G Capabilities and Components Thereof, DN 2929; 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)).
Frozen Warmwater Shrimp From China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam; Institution of Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigations Nos. 701-TA-491-497 (Preliminary) under sections 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(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, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp, provided for in subheadings 0306.17.00, 1605.21.10 and 1605.29.10 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Governments of China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)), the Commission must reach a preliminary determination in countervailing duty investigations in 45 days, or in this case by February 11, 2013. The Commission's views are due at Commerce within five business days thereafter, or by February 19, 2013. 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 Wireless Communications Equipment and Articles Therein; 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 Wireless Communications Equipment and Articles Therein, DN 2926; 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 Reduced Folate Nutraceutical Products and L- Methylfolate Raw Ingredients Used Therein: Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed 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 an ID (Order No. 4) of the administrative law judge (``ALJ'') granting Complainants' unopposed motion for leave to amend the complaint and notice of investigation in the above-captioned investigation.
Certain Cases for Portable Electronic Devices: 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 2927; 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)).
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