International Trade Commission 2013 – Federal Register Recent Federal Regulation Documents

Following receipt on April 30, 2013, of a request from the United States Trade Representative (USTR), the Commission instituted investigation Nos. TA-131-038 and TA-2104-030, U.S.-Trans-Pacific Partnership Free Trade Agreement Including Japan: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports.

Section 215 of the CBERA (19 U.S.C. 2704) requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers and on the economy of the beneficiary countries. In 1986, the Commission instituted investigation No. 332-227, Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries, for the purpose of preparing this series of reports. This 21st report in the series will cover trade during calendar years 2011 and 2012. The Commission has scheduled a public hearing for June 13, 2013, in connection with this report.

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the remand initial determination (``RID'') issued by the presiding administrative law judge (``ALJ'') on February 25, 2013.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping investigations No. 731-TA-1207-1209 (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 prestressed concrete steel rail tie wire from China, Mexico, and Thailand, provided for in subheading 7217.10.80 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 June 7, 2013. The Commission's views are due within five business days thereafter, or by June 14, 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).

The Commission hereby gives notice of the scheduling of full reviews 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 countervailing duty orders on hot-rolled steel products from India, Indonesia, and Thailand and the revocation of the antidumping duty orders on hot-rolled steel products from China, India, Indonesia, Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). 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).

Notice is hereby given that the U.S. International Trade Commission has instituted consolidated formal enforcement and modification proceedings relating to the July 25, 2012 consent order issued in the above-captioned investigation.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an ID (Order No. 25) of the administrative law judge (``ALJ'') granting summary determination of violation by the defaulting respondents.

Notice is hereby given that the U.S. International Trade Commission has determined to grant a petition to rescind a consent order and not to review an ID (Order No. 20) of the administrative law judge (``ALJ'') terminating the above-captioned enforcement proceeding on the basis of a settlement agreement. Thus, the Commission hereby rescinds the April 10, 2009, consent order against Taiwan Union Technology Corp. (``TUC'') and terminates the enforcement proceeding.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 3) of the presiding administrative law judge (``ALJ'') terminating the investigation based on a settlement agreement.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 12, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sling Media, Inc. of Foster City, 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 having placeshifting or display replication functionality and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,877,776 (``the `776 patent''); U.S. Patent No. 8,051,454 (``the `454 patent''); U.S. Patent No. 8,060,909 (``the `909 patent''); U.S. Patent No. 7,725,912 (``the `912 patent''); U.S. Patent No. 8,266,657 (``the `657 patent''); and U.S. Patent No. 8,365,236 (``the `236 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.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 11, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of STMicroelectronics, Inc. of Coppell, 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 microelectromechanical systems (``MEMS Devices'') and products containing same by reason of infringement of U.S. Patent No. 7,450,332 (``the '332 patent''); U.S. Patent No. 7,409,291 (``the '291 patent''); U.S. Patent No. 6,928,872 (``the '872 patent''); U.S. Patent No. 6,370,954 (``the '954 patent''); and U.S. Patent No. 6,034,419 (``the '419 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.

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 (``ALJ'') terminating the investigation based on a consent order stipulation.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Linear Actuators, DN 2949; 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 is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof, DN 2948; 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)).

The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1206 (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 Japan of diffusion-annealed, nickel-plated steel flat-rolled products, provided for primarily in subheadings 7210.90 and 7212.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value.\1\ 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 May 13, 2013. The Commission's views are due at Commerce within five business days thereafter, or by May 20, 2013.

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 polyethylene terephthalate film, sheet, and strip (``PET film'') from India and the antidumping duty orders on PET film from India 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 May 1, 2013. Comments on the adequacy of responses may be filed with the Commission by June 14, 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).

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).

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.

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.

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)).

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.