International Trade Commission April 2014 – Federal Register Recent Federal Regulation Documents
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53-Foot Domestic Dry Containers From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-514 and 731-TA-1250 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C.'' 1671b(a) and 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 China of 53-foot domestic dry containers, provided for in subheading 8609.00.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States alleged to be subsidized by the Government of China and 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 sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. '' 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by Monday, June 9, 2014. The Commission's views must be transmitted to Commerce within five business days thereafter, or by Monday, June 16, 2014. 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 Marine Sonar Imaging Devices, Products Containing the Same, and Components Thereof; Notice of Commission Determination not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement; 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. 12) issued by the presiding administrative law judge (``ALJ'') on March 24, 2014, granting the parties' motion to terminate the investigation based on a settlement agreement.
Certain Variable Speed Wind Turbines and Components Thereof Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement
Notice is hereby given that the U.S. International Trade Commission has determined to grant a joint motion to terminate the investigation on the basis of a settlement agreement.
Certain Handheld Magnifiers and Products Containing Same Terminating An Investigation on the Basis of a Consent Order; Issuance of Consent Order
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. 4) granting the respondents' unopposed motion to terminate the above- captioned investigation in its entirety on the basis of a consent order stipulation and proposed consent order. The Commission has issued the subject consent order, and has terminated the investigation.
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 Set-Top Boxes, Gateways, Bridges, and Adapters and Components Thereof, DN 3008; 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 Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same; Commission Final Determination of Violation of Section 337; Issuance of Remedial Orders; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) by respondents IPtronics A/S of Roskilde, Denmark; IPtronics Inc. of Menlo Park, California; FCI USA, LLC, of Etters, Pennsylvania; FCI Deutschland GmbH of Berlin, Germany; FCI SA of Guyancourt, France; Mellanox Technologies, Inc. of Sunnyvale, California; and Mellanox Technologies Ltd. of Yokneam, Israel (collectively, ``Respondents'') in the above- captioned investigation. The Commission has issued remedial orders directed to the Respondents' infringing products and has terminated the investigation.
U.S. Environmental Goods Trade
Following receipt of a request dated April 2, 2014 (received April 4, 2014) from the United States 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. 332-548, U.S. Environmental Goods Trade.
Environmental Goods Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports
Following receipt of a request dated April 2, 2014 (received April 4, 2014) from the United States Trade Representative (USTR) under section 131 of the Trade Act of 1974 (19 U.S.C. 2151), the U.S. International Trade Commission (Commission) instituted investigation No. TA-131-039, Environmental Goods Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports.
Small Diameter Graphite Electrodes From China; Scheduling of an Expedited Five-Year Review
The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether the antidumping duty order on small diameter graphite electrodes 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).
Rules of General Application
The United States International Trade Commission (``Commission'') proposes to amend provisions of its Rules of Practice and Procedure concerning national security information. The proposed amendments seek to ensure that the Commission's procedures with respect to national security information are consistent with applicable authorities.
Certain Tires and Products Containing Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation as to Shandong Hengyu Science & Technology Co., Ltd., the Sole Remaining Respondent, Based on a Settlement Agreement; 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. 40) of the presiding administrative law judge (``ALJ'') terminating the investigation as to the last remaining respondent in this investigation, Shandong Hengyu Science & Technology Co., Ltd., based on a settlement agreement. Several respondents were found in default during the course of the investigation, and the Commission requests written submissions on remedy, the public interest and bonding as to the defaulting respondents.
Certain Dimmable Compact Fluorescent Lamps and Products Containing Same; Commission Decision Finding a Violation of a Consent Order; Issuance of a Civil Penalty Order; Termination of Enforcement Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to affirm-in-part and reverse-in-part an enforcement initial determination (``EID'') of the presiding administrative law judge (``ALJ'') in the above-captioned proceeding finding a violation of a consent order. The Commission has issued a civil penalty order against respondent MaxLite, Inc. of Fairfield, New Jersey (``MaxLite'') in the amount of $10,000.
Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone; 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 March 5, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FMC Corporation of Philadelphia, Pennsylvania. A letter clarifying the complaint was filed on March 26, 2014. 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 sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone by reason of infringement of certain claims of U.S. Patent No. 7,169,952 (``the '952 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. A motion for temporary relief filed concurrently with the complaint, 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 sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone that infringe claims 25-28 of the '952 patent during the course of the Commission's investigation.
Certain Navigation Products, Including GPS Devices, Navigation and Display Systems, Radar Systems, Navigational Aids, Mapping Systems and Related Software; Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Partially Terminate the Investigation as To Certain Claims and 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 initial determination (``ID'') (Order No. 12) of the presiding administrative law judge (``ALJ'') granting an unopposed motion (1) to partially terminate the investigation as to claims 1-3, 11, 12, 14, 16, 17, and 19 of United States Patent No. 6,084,565 (``the '565 patent'') and (2) for leave to amend the complaint and notice of investigation to remove references to the canceled claims and certain accused products.
Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof; Commission Determination To Review in Part A Final Initial Determination Finding a Violation of Section 337; Schedule for Briefing on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ''), finding a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation.
Certain Cases for Portable Electronic Devices; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation by the Defaulting Respondents; Request for Written Submissions
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. 28) granting summary determination that the following defaulting respondents have violated section 337: Anbess Electronics Co. Ltd. of Shenzhen, China (``Anbess''); ROCON Digital Technology Corp. of Shenzhen, China (``Rocon''); Trait Technology (Shenzhen) Co., Ltd. (d/ b/a Trait-Tech) of Shenzhen, China (``Trait''); Hongkong Wexun Ltd. (Wexun Tech (Hong Kong) Co., Ltd.) of Guangdong, China (``Wexun''); SW- Box.com (aka Cellphonezone Limited) of Sheung Wan, Hong Kong (``SW- Box''); and Global Digital Star Industry, Ltd. of Shenzhen City, China (``Global'').
Certain Encapsulated Integrated Circuit Devices and Products Containing Same; Notice of a Commission Final Determination of Violation of Section 337; Issuance of a Limited Exclusion Order; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended, by respondents Carsem (M) Sdn Bhd; Carsem Semiconductor Sdn Bhd; and Carsem, Inc. (collectively, ``Carsem,'' or respondents) in the above-captioned investigation. The Commission has issued a limited exclusion order directed to the infringing products of Carsem and has terminated the investigation.
Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same: Commission Determination to Affirm-In-Part, Modify-In-Part, and Reverse-In-Part the Final Initial Determination and To Find a Violation of Section 337; Issuance of Cease and Desist Orders; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm-in-part, modify-in-part, and reverse-in-part the final initial determination (``final ID'' or ``ID''), and to find a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337'') in the above- captioned investigation. The Commission has issued cease and desist orders.
Ball Bearings and Parts Thereof From Japan and the United Kingdom; Termination of Five-Year Reviews
The subject five-year reviews were initiated in January 2014 to determine whether revocation of the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom would be likely to lead to continuation or recurrence of material injury. On March 26, 2014, the Department of Commerce published notice that it was revoking the orders effective September 15, 2011 (the fifth anniversary of the most recent notice of continuation of the antidumping duty orders), because ``no domestic interested party filed a notice of intent to participate'' (79 FR 16771). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), the subject reviews are terminated.
Certain Hemostatic 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 28, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Baxter International Inc. of Deerfield, Illinois; Baxter Healthcare Corporation of Deerfield, Illinois; and Baxter Healthcare SA of Switzerland. A letter supplementing the Complaint was filed on March 19, 2014. 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 hemostatic products and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,303,981 (``the '981 patent''); U.S. Patent No. 8,512,729 (``the '729 patent''); U.S. Patent No. 6,066,325 (``the '325 patent''); U.S. Patent No. 8,357,378 (``the '378 patent''); and U.S. Patent No. 8,603,511 (``the '511 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 Oil Country Tubular Goods From India, Korea, Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-499-500 and 731-TA-1215-1223 (Final) under sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 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 imports from India, Korea, Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam of certain oil country tubular goods, provided for in subheadings 7304.29, 7305.20, and 7306.29 of the Harmonized Tariff Schedule \1\ of the United States, that are sold in the United States at less than fair value \2\ and by reason of imports of certain oil country tubular goods that are subsidized by the Governments of India and Turkey.\3\
Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits: Commission Decision Not To Review Granting Complainant's Motion 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 initial determination (``ID'') (Order No. 10) of the presiding administrative law judge (``ALJ'') granting complainant's motion to amend the complaint and notice of investigation in the above-captioned investigation.
Sugar From Mexico; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-513 and 731-TA-1249 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 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 Mexico of sugar, provided for in subheadings 1701.12.10, 1701.12.50, 1701.13.05, 1701.13.10, 1701.13.20, 1701.13.50, 1701.14.05, 1701.14.10, 1701.14.20, 1701.14.50, 1701.91.05, 1701.91.10, 1701.91.30, 1701.91.42, 1701.91.44, 1701.91.48, 1701.99.05, 1701.99.10, 1701.99.50, 1702.90.05, 1702.90.10, 1702.90.20, 1702.90.35, 1702.90.40, 2106.90.42, 2106.90.44, and 2106.90.46 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of Mexico and 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 sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by Monday, May 12, 2014. The Commission's views must be transmitted to Commerce within five business days thereafter, or by Monday, May 19, 2014. 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 Earpiece Devices Having Positioning and Retaining Structure 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 26, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Bose Corporation of Framingham, 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 earpiece devices having positioning and retaining structure and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,311,253 (``the `253 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.
Citric Acid and Certain Citrate Salts from Canada and 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 countervailing duty order on citric acid and certain citrate salts from China and the antidumping duty orders on citric acid and certain citrate salts from Canada and 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 May 1, 2014. Comments on the adequacy of responses may be filed with the Commission by June 16, 2014. For further information concerning the conduct of this proceeding 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 Imaging Devices; Corrected Notice of Commission Determination To Reverse the Finding of Violation of Section 337; Termination of the Investigation; Corrected
Correction is made in accordance with the amended notice of investigation. The notice of investigation was amended to substitute Huawei Device Co., Ltd. of Shenzhen, China and Huawei Device USA Inc. of Plano, Texas for the Huawei Technologies Co., Ltd. of Shenzhen, China and FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) of Plano, Texas. 77 FR 55498.
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