International Trade Commission 2013 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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Trade Commission (Commission) has terminated its investigation with respect to the articles subject to those withdrawn petitions and will not provide advice with respect to those articles.

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.

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.

In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the United States International Trade Commission is publishing this notice to advise the public of the availability of the FY 2011 Service Contract Inventory Analysis, the FY 2012 Service Contract Inventory, and the FY 2012 Service Contract Inventory Planned Analysis. The FY 2011 inventory analysis provides information on specific service contract actions that were analyzed as part of the FY 2011 inventory. The FY 2012 inventory provides information on service contract actions over $25,000 that were made in FY 2012. The inventory information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://www.whitehouse.gov/sites/default/files/omb/procurement /memo/ service-contract-inventories-guidance-11052010.pdf. The FY 2012 inventory planned analysis provides information on which functional areas will be reviewed by the agency. The United States International Trade Commission has posted its FY 2012 inventory, FY 2012 planned analysis, and FY 2011 inventory analysis at the following link: https:// www.usitc.gov/procurement/.

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1202-03 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 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 less-than-fair-value imports from Austria and/or China of xanthan gum, provided for in subheading 3913.90.20 of the Harmonized Tariff Schedule of the United States.\1\

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Products Having Laminated Packaging, Laminated Packaging, and Components Thereof, DN 2940; 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 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 welded large diameter line pipe from Japan 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).

Notice is hereby given that a complaint and a motion for temporary relief were filed with the U.S. International Trade Commission on January 14, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Radio Systems Corporation of Knoxville, Tennessee. Supplements to the complaint were filed on February 6, 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 electronic bark control collars by reason of infringement of certain claims of U.S. Patent No. 5,927,233 (``the `233 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 a cease and desist order. The motion for temporary relief requests that the Commission issue a temporary limited exclusion order and temporary cease and desist order prohibiting the importation into and the sale within the United States after importation of certain electronic bark control collars that infringe claims 1, 3, 6, 8, 9, and 15 of the `233 patent during the course of the Commission's investigation.

Notice is hereby given that the U.S. International Trade Commission did not determine to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 17) granting a motion of complainants Technology Properties Limited LLC and Phoenix Digital Solutions LLC of Cupertino, California and Patriot Scientific Corporation of Carlsbad, California (collectively ``Complainants'') to amend the Complaint and Notice of Investigation (``NOI''). The ID therefore became the determination of the Commission.

Following receipt of a request dated January 29, 2013 (received on January 30, 2013) from the U.S. Trade Representative (USTR) 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. 332-539, U.S.-Korea Free Trade Agreement: Effects on U.S. Small and Medium-Sized Enterprises.

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 and antidumping duty orders on certain pasta from Italy and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 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 a complaint was filed with the U.S. International Trade Commission on January 2, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of InterDigital Communications, Inc. of King of Prussia, Pennsylvania; InterDigital Technology Corporation of Wilmington, Delaware; IPR Licensing, Inc. of Wilmington, Delaware; and InterDigital Holdings, Inc. of Wilmington, Delaware. 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 with 3G and/or 4G capabilities and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,190,966 (``the `966 patent''); U.S. Patent No. 7,286,847 (``the `847 patent''); U.S. Patent No. 8,009,636 (``the `636 patent''); U.S. Patent No. 7,706,830 (``the `830 patent''); U.S. Patent No. 7,941,151 (``the `151 patent''); U.S. Patent No. 7,616,970 (``the `970 patent''); and U.S. Patent No. 7,502,406 (``the `406 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.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Compact Fluorescent Reflector Lamps and Products and Components Containing Same, DN 2935; 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 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.

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.