International Trade Commission August 2013 – Federal Register Recent Federal Regulation Documents
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Certain Laundry and Household Cleaning Products and Related Packaging
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 25, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of The Clorox Company. 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 laundry and household cleaning products and packing thereof by reason of trademark infringement and trademark dilution. Complainant alleges that an industry in the United States exists as required by subsection (a)(2) of section 337 and that proposed respondents' unfair methods of competition and unfair acts threaten 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 a limited exclusion order and cease and desist orders.
Certain Semiconductor Chips With Dram Circuitry, and Modules and Products Containing Same: Notice of Commission Determination To Terminate the Investigation Based on Settlement
Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned investigation based on a settlement agreement between the parties.
Certain Multiple Mode Outdoor Grills and Parts 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 Multiple Mode Outdoor Grills and Parts Thereof, DN 2974; 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)).
Persulfates From China; Scheduling of a Full Five-Year Review Concerning the Antidumping Duty Order on Persulfates from China
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 persulfates 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 Sleep-Disordered Breathing Treatment Systems 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 July 19, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ResMed Corporation of San Diego, California; ResMed Incorporated of San Diego, California; and ResMed Limited of Australia. 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 sleep- disordered breathing treatment systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,997,267 (``the '267 patent''), U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. Patent No. 7,938,116 (``the '116 patent''), U.S. Patent No. 7,341,060 (``the '060 patent''), U.S. Patent No. 8,312,883 (``the '883 patent''), U.S. Patent No. 7,926,487 (``the '487 patent''), U.S. Patent No. 7,178,527 (``the '527 patent''), and U.S. Patent No. 7,950,392 (``the '392 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 a limited exclusion order and cease and desist orders.
Certain Certain Ink Application Devices and Components Thereof and Methods of Using the Same; Commission Determination Not to Review an Initial Determination Finding RespondentT-Tech Tattoo Device Inc. in Default; Request for Submissions on Remedy, Public Interest, and Bonding
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. 5) finding respondent T-Tech Tattoo Device Inc. of Ontario, Canada (``T- Tech'') in default.
Certain Electronic Devices Having Placeshifting or Display Replication and Products Containing Same; Commission Determination Not To Review an Initial Determination Finding the Sole Remaining Respondent To Be in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 11) issued by the presiding administrative law judge (``ALJ'') on July 29, 2013, finding the last remaining respondent in this investigation to be in default. Accordingly, the Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding.
Trade Barriers That U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union; Scheduling of an Additional Public Hearing With Simplified Filing Procedures
The Commission has scheduled an additional public hearing in Inv. No. 332-541, Trade Barriers that U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union, to be held beginning at 9:30 a.m., September 26, 2013, at the NASA Ames Research Center at Moffett Field, CA. This hearing is in addition to a previously announced public hearing in this investigation to be held at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on October 8, 2013. Procedures for filing requests to appear have been changed for both hearings to encourage the appearance of small businesses. This field hearing is being scheduled in conjunction with a field hearing to be held on September 25, 2013, also at the NASA Center in Moffett Field, CA in a second Commission investigation, No. 332-540, Digital Trade in the U.S. and Global Economies, Part 2, requested by the Senate Committee on Finance. Interested persons who wish to present consolidated statements and testimony relevant to both investigations are invited to do so on Wednesday September 25, 2013.
Digital Trade in the U.S. and Global Economies, Part 2; Scheduling of an Additional Public Hearing
The Commission has scheduled a public hearing in investigation No. 332-540, Digital Trade in the U.S. and Global Economies, Part 2 at the NASA Ames Research Center in Moffett Field, California beginning at 9:30 a.m. on Wednesday, September 25, 2013.
Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same Request for Statements on the Public Interest
Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in the above- captioned investigation. The Commission is soliciting comments from the public on public interest issues raised by the recommended relief, specifically that if the Commission were to find a violation of section 337, 19 U.S.C. 1337, that the Commission issue a limited exclusion order directed to respondents' infringing products (e.g., memory-card readers) and downstream products that include such infringing products. The ALJ also recommended the issuance of cease and desist orders against certain respondents. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).
Frozen Warmwater Shrimp From China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam; Commission Determination To Deny a Request To Hold a Portion of a Hearing
The Commission has determined to deny a request to conduct a portion of its hearing in the above captioned investigations scheduled for August 13, 2013 in camera. See Commission Rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)).
Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof; Commission Determination Not To Review n Initial Determination Granting Google, Inc.'s Unopposed Motion To Intervene
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 5) of the presiding administrative law judge (``ALJ'') granting Google, Inc.'s unopposed motion to intervene.
Certain Products Containing Interactive Program Guide and Parental Control Technology; Commission Determination To Review in Its Entirety a Final Initial Determination Finding No Violation of Section 337
Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ''), finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.
Certain Electronic Digital Media Devices and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; 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 limited exclusion order prohibiting respondents Samsung Electronics Co, Ltd. of the Republic of Korea (``SEC''); Samsung Electronics America, Inc. of Ridgefield Park, New Jersey (``SEA''); and Samsung Telecommunications America, LLC of Richardson, Texas (``STA'') (collectively, ``Samsung''), from importing certain electronic digital media devices that infringe one or more of claims 1, 4-6, 10, and 17-20 of U.S. Patent No. 7,479,949 (``the '949 patent'') and claims 1-4 and 8 of U.S. Patent No. 7,912,501 (``the '501 patent''). The Commission has also issued cease and desist orders prohibiting SEA and STA from further importing, selling, and distributing articles that infringe one or more of claims 1, 4-6, 10, and 17-20 of the '949 patent and claims 1-4 and 8 of the '501 patent in the United States. The Commission has found no violation based on U.S. Patent Nos. D618,678 (``the D'678 patent''); D558,757 (``the D'757 patent''); RE 41,922 (``the '922 patent''); and 7,789,697 (``the '697 patent''). The Commission's determination is final, and the investigation is terminated.
Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting an Amended Motion To Terminate the Remaining Respondents Based on a Consent Order; Issuance of Consent Order and 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. 11) of the presiding administrative law judge granting an amended motion to terminate the remaining respondents based on a consent order. The Commission has issued the subject consent order; the investigation is hereby terminated.
Certain Flash Memory Chips and Products Containing the Same Correction to Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Correction is made to named-respondent Macronix International Co., Ltd. of Taiwan.
Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof; Commission Decision To Review an Initial Determination; Termination of the Investigation With a Finding of No Violation of Section 337
Notice is hereby given that the U.S. International Trade Commission has determined to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 15), which, inter alia, found that the complainant did not satisfy the economic prong of the domestic industry requirement. On review, the Commission has determined to reverse the ALJ's findings regarding the Commission's authority to direct the issuance of an early ID. The Commission has also determined that the complainant has not satisfied the economic prong of the domestic industry requirement. Accordingly, the investigation is terminated with a finding of no violation of section 337.
Request for Comments Concerning the Institution of a Review Concerning the Commission's Affirmative Determination in Investigation No. 731-TA-1092 (Final); Diamond Sawblades and Parts Thereof From China
The Commission invites comments from the public on whether changed circumstances exist sufficient to warrant the institution of a review pursuant to section 751(b) of the Tariff Act of 1930 (19 U.S.C. 1675(b)) (the Act) to review the Commission's affirmative determination in investigation No. 731-TA-1092 (Final). The purpose of the proposed review is to determine whether revocation of the existing antidumping duty order on imports of diamond sawblades and parts thereof from China is likely to lead to continuation or recurrence of material injury (19 U.S.C. 1675(b)(2)(A)). The Commission further requests comments concerning the degree to which such a proceeding can be conducted in conjunction with the anticipated five-year review of the antidumping duty order on the same subject merchandise. This product is provided for in subheading 8202.39.00 of the Harmonized Tariff Schedule of the United States; such goods may be included in combinations of tools provided for in heading 8206.00.00.
Certain Flash Memory Chips 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 Flash Memory Chips and Products Containing the Same, DN 2971; 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 Linear Actuators; Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety
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. 6) terminating the above-captioned investigation in its entirety based on withdrawal of the complaint.
Certain Point-to-Point Network Communication 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 Point-to-Point Network Communication Devices and Products Containing Same, DN 2970; 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 Audiovisual Components and Products Containing the 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 infringing audiovisual components and products containing the same, imported by Funai Corporation, Inc. of Rutherford, New Jersey; Funai Electric Co., Ltd. of Osaka, Japan; P&F USA, Inc. of Alpharetta, Georgia; and Funai Service Corporation of Groveport, Ohio. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).
Certain Ground Fault Circuit Interrupters and Products Containing Same
Notice is hereby given that the U.S. International Trade Commission seeks written submissions from the parties and from the public on remedy, bonding, and the public interest in the above- referenced enforcement proceeding.
Certain Wireless Devices, Including Mobile Phones and Tablets Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 27, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Pragmatus Mobile, LLC of Alexandria, Virginia. A supplement to the complaint was filed on July 16, 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 devices, including mobile phones and tablets by reason of infringement of certain claims of U.S. Patent No. 8,149,124 (``the '124 patent'') and U.S. Patent No. 8,466,795 (``the '795 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 a limited exclusion order and cease and desist orders.
Certain Welded Large Diameter Line Pipe From Japan; Investigation No. 731-TA-919 (Second Review); Notice of Commission Determination To Conduct a Portion of the Hearing In Camera
Upon the timely request of respondents, the Commission has determined to conduct a portion of its hearing in the above-captioned investigation scheduled for August 1, 2013, in camera. See Commission rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)). The remainder of the hearing will be open to the public.
Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Appliances, the Appliances Made Therefrom, and Methods of Making Same; Notice of Commission Determination To Review the Final Initial Determination of the Administrative Law Judge; Schedule for Filing Written Submissions on Review
Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``final ID'' or ``ID'') in the above-captioned investigation.
Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Appliances, the Appliances Made Therefrom, and Methods of Making Same; Notice of Commission Determination To Review the Final Initial Determination of the Administrative Law Judge; Schedule for Filing Written Submissions on Review
Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``final ID'' or ``ID'') in the above-captioned investigation.
Certain Off-The-Road Tires From China Institution of Five-Year Reviews
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 and countervailing duty orders on certain off-the-road tires 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 September 3, 2013. Comments on the adequacy of responses may be filed with the Commission by October 15, 2013. 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).
Raw Flexible Magnets From China and Taiwan; Institution of Five-Year Reviews
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 raw flexible magnets from China and the revocation of the antidumping duty orders on raw flexible magnets from China and Taiwan 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 September 3, 2013. Comments on the adequacy of responses may be filed with the Commission by October 15, 2013. 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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