International Trade Commission March 2013 – Federal Register Recent Federal Regulation Documents
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Certain Radio Frequency Identification (“RFID”) Products And Components Thereof; 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 February 22, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Neology, Inc. of Poway, California. A letter supplementing the complaint was filed on March 7, 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 radio frequency identification (``RFID'') products and components thereof by reason of infringement of U.S. Patent No. 7,081,819 (``the '819 Patent''); U.S. Patent No. 7,671,746 (``the '746 Patent''); and U.S. Patent No. 6,690,264 (``the '264 Patent''). The complaint further alleges that an industry exists in the United States as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Low Enriched Uranium From France; 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 low enriched uranium from France 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 Kinesiotherapy Devices and Components Thereof; Commission Determination To Review the Final Initial Determination of the Administrative Law Judge and To Extend the Target Date for Completion of the Investigation by Two Weeks to June 7, 2013
Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``final ID'' or ``ID'') of the presiding administrative law judge (``ALJ'') in its entirety in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''). The ALJ found no violation of section 337. The Commission has further determined to extend the target date for completion of the investigation by two weeks to June 7, 2013.
Certain Products Having Laminated Packaging, Laminated Packaging, 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 February 20, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lamina Packaging Innovations LLC of Longview, Texas. An amended complaint was filed on March 12, 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 products having laminated packaging, laminated packaging, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,207,242 (``the `242 patent'') and U.S. Patent No. 7,348,067 (``the `067 patent''). The amended 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.
Certain Computerized Orthopedic Surgical Devices, Software, Implants, 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 Computerized Orthopedic Surgical Devices, Software, Implants, and Components Thereof, DN 2945; 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 Balloon Dissection Devices and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Correct the Named Respondents and Terminate the Investigation Based on a Consent Order Stipulation; Issuance of Consent Order
Notice is hereby given that the U.S. International Trade Commission has determined not to review an ID (Order No. 3) of the administrative law judge (``ALJ'') granting a joint motion to correct the named respondents and terminate the above-captioned investigation based on a consent order stipulation. The Commission has issued the subject consent order.
Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers; Investigations: Terminations, Modifications and Rulings
Notice is hereby given that the U.S. International Trade Commission has determined to extend the target date for completion of the investigation until May 31, 2013. The Commission requests additional written submissions from the parties and from the public on the issues indicated in this notice.
Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing Same; Commission's Determination To Institute a Modification Proceeding; Modification of the September 25, 2009 Consent Order; Termination of the Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding, modify the Commission's September 25, 2009 Consent Order, and terminate the modification proceeding.
Certain Electronic Devices Having Placeshifting or Display Replication Functionality 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 Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same; DN 2943; 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 Digital Photo Frames and Image Display Devices and Components Thereof; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has terminated the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, and has issued a limited exclusion order directed against infringing products of the following respondents previously found in default: Nextar Inc. (``Nextar'') of La Verne, California; WinAccord Ltd. of Taipei, Taiwan and WinAccord U.S.A., Inc. of San Jose, California (collectively, ``the WinAccord respondents''); Aiptek International Inc. (``Aiptek'') of Hsinchu, Taiwan; and Pandigital, Inc. (``Pandigital'') of Dublin, California (collectively, ``the defaulting respondents''). The Commission has also issued cease and desist orders directed against these defaulting respondents.
Certain Integrated Circuit Devices 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 February 8, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Tela Innovations, Inc. of Los Gatos, California. A letter supplementing the complaint was filed on February 28, 2013. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain integrated circuit devices and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 8,264,049 (``the '049 patent''); U.S. Patent No. 8,264,044 (``the '044 patent''); U.S. Patent No. 8,258,550 (``the '550 patent''); U.S. Patent No. 8,258,547 (``the '547 patent''); U.S. Patent No. 8,217,428 (``the '428 patent''); U.S. Patent No. 8,258,552 (``the '552 patent''); and U.S. Patent No. 8,030,689 (``the '689 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 Microelectromechanical Systems (“MEMS Devices”) 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 Microelectromechanical Systems (``MEMS Devices'') and Products Containing Same, DN 2942; 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)).
Fresh Tomatoes From Mexico; Termination of Five-Year Review and Resumption of Antidumping Investigation
The subject five-year review was instituted on December 3, 2012, to determine whether termination of the suspended investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of material injury (77 FR 71629, December 3, 2012). On February 28, 2013, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of Commerce of their withdrawal from the agreement suspending the antidumping investigation on fresh tomatoes from Mexico. Effective March 1, 2013, the Department of Commerce terminated the suspension agreement, terminated the five-year review of the suspended investigation, and resumed the antidumping investigation on fresh tomatoes from Mexico because the suspension agreement no longer covered substantially all imports of fresh tomatoes from Mexico. Accordingly, the U.S. International Trade Commission gives notice of the termination of its review and the resumption of its antidumping investigation of fresh tomatoes from Mexico. A schedule for the final phase of the investigation will be established and announced at a later date.
Fresh Tomatoes From Mexico; Suspension of Antidumping Investigation
The subject five-year review was instituted on December 3, 2012, to determine whether termination of the suspended investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of material injury (77 FR 71629). On February 28, 2013, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of Commerce of their withdrawal from the agreement suspending the antidumping investigation on fresh tomatoes from Mexico. Effective March 1, 2013, Commerce terminated the suspension agreement, terminated the five-year review of the suspended investigation, and resumed the antidumping investigation on fresh tomatoes from Mexico because the suspension agreement no longer covered substantially all imports of fresh tomatoes from Mexico. On March 4, 2013, based on a final 2013 suspension agreement, Commerce announced the suspension of its antidumping investigation of fresh tomatoes from Mexico. Accordingly, the U.S. International Trade Commission now provides notice of the suspension of its antidumping investigation of fresh tomatoes from Mexico.
Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Investigation; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 47) of the presiding administrative law judge (``ALJ'') terminating the investigation.
Certain Products Containing Interactive Program Guide and Parental Controls Technology; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based Upon a Settlement Agreement; 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 determination (``ID'') (Order No. 58) terminating the investigation based upon a settlement agreement in the above captioned investigation.
Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting Complainants Avago Technologies General IP (Singapore) Pte. Ltd.'s and Avago Technologies U.S. Inc.'s Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined not to review an initial determination (``ID'') (Order No. 8) issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation granting a motion of complainants Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore (``Avago General IP'') and Avago Technologies U.S. Inc. of San Jose, California (``Avago Technologies'') to amend the complaint and notice of investigation (``NOI'').
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel From the Dominican Republic, Fourth Annual Review
The U.S. International Trade Commission (Commission) has announced its schedule, including deadlines for filing written submissions, in connection with the preparation of its fourth annual review in investigation No. 332-503, Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, Fourth Annual Review.
Investigations: Terminations, Modifications and Rulings: Certain Consumer Electronics and Display Devices and Products Containing Same
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 30) granting a joint motion to terminate the above- captioned investigation based on settlement agreements. The investigation is terminated.
Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2012 Review: Additions and Competitive Need Limitation Waivers
Following receipt of a letter from the United States Trade Representative (USTR) dated February 21, 2013, advising of the withdrawal of several competitive need waiver petitions, the U.S. International Trade Commission (Commission) has terminated its investigation with respect to the articles subject to those withdrawn petitions and will not provide advice with respect to those articles.
Persulfates From China; Correction to Notice of institution
In a notice published in the Federal Register on March 1, 2013 (78 FR 13891), the Commission published a notice of institution of a five-year review concerning the antidumping duty order on persulfates from China with an incorrect effective date. Correction: The correct effective date is March 1, 2013. The Commission hereby gives notice of the correction.
Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 28, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Andrzej Bobel of Lake Forest, Illinois and Neptun Light, Inc. of Lake Forest, Illinois. A letter supplementing the complaint was filed on February 15, 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 compact fluorescent reflector lamps, products containing same and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,053,540 (``the '540 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 Radio Frequency Identification (“RFID”) Products 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 Radio Frequency Identification (``RFID'') Products and Components Thereof, DN 2941; 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 Communications Base Stations and Components Thereof; 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 January 24, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Adaptix, Inc. of Carrolton, 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 wireless communications base stations and components thereof by reason of infringement of U.S. Patent No. 6,870,808 (``the '808 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.
Persulfates From China; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Persulfates 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 persulfates 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 April 1, 2013. Comments on the adequacy of responses may be filed with the Commission by May 14, 2013. 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).
Certain Consumer Electronics, Including Mobile Phones and Tablets; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the HTC Respondents From the Investigation; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined not to review an initial determination (``ID'') (Order No. 35) issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation terminating the last respondents.
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