International Trade Commission January 2016 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Diaper Disposal Systems and Components Thereof, Including Diaper Refill Cassettes, DN 3115; 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)).

Following receipt of an amended request on January 12, 2016, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) has expanded the scope of investigation No. 332-556, Generalized System of Preferences: Possible Modifications, 2015 Review, to include five additional HTS statistical reporting numbers relating to certain handbags and travel goods products: 4202.92.30.20; 4202.92.30.31; 4202.92.30.91; 4202.92.90.26; and 4202.92.90.60. The USTR asked that the Commission provide its advice as to the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and on U.S. consumers of the elimination of U.S. import duties on these five articles for all beneficiary developing countries under the GSP program, least-developed beneficiary developing countries (LDBDCs), beneficiary developing countries of the African Growth and Opportunity Act (AGOA), and both LDBDCs and AGOA beneficiary developing countries combined under the GSP program. In his January 12, 2016 letter, the USTR also requested that the Commission provide its advice with respect to whether like or directly competitive products were being produced in the United States on January 1, 1995 for these additional 5 articles as well as for all of the products being considered for addition to and removal from the list of GSP-eligible products listed in Tables A and B of the Annex to the December 30, 2015 request letter.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 15, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Energetiq Technology, Inc. of Woburn, Massachusetts. A supplement to the complaint was filed on December 23, 2015. The complaint, as supplemented, 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 laser-driven light sources, subsystems containing laser-driven light sources, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,969,841 (``the '841 patent''); U.S. Patent No. 9,048,000 (``the '000 patent''); and U.S. Patent No. 9,185,786 (``the '786 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.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-554 and 731-TA-1309 (Preliminary) pursuant to the Tariff Act of 1930 (``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 of certain biaxial integral geogrid products from China, provided for in subheading 3926.90.99 of the Harmonized Tariff Schedule of the United States.\1\ The petitioner alleges that these products are imported from China and sold in the United States at less than fair value, and that these imports are allegedly subsidized by the government of China. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 29, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by March 7, 2016.

Following receipt of a request on December 30, 2015, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-556, Generalized System of Preferences: Possible Modifications, 2015 Review, for the purpose of providing advice and information relating to the possible designation of additional articles, removal of articles, and waiver of competitive need limitations.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-551-553 and 731-TA-1307- 1308 (Preliminary) pursuant to the Tariff Act of 1930 (``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 certain imports of new pneumatic off- the-road-tires from China, India and Sri Lanka provided for in subheadings 4011.20.10, 4011.20.50, 4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 4011.93.80, 4011.94.40, 4011.94.80, 8431.49.90, 8709.90.00, and 8716.90.10 of the Harmonized Tariff Schedule of the United States.\1\ The petitioners allege that these products are imported from China and India and sold in the United States at less-than-fair-value and that these imports are allegedly subsidized by the governments of China, India, and Sri Lanka. Unless the Department of Commerce extends the time for initiation, the Commission must reach preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by February 22, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 29, 2016.

The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty and countervailing duty orders on seamless carbon and alloy steel standard, line, and pressure pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping and countervailing duty orders on certain coated paper suitable for high-quality print graphics using sheet-fed presses from China and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 10, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Saxon Glass Technologies, Inc. of Alfred, New York. An amended complaint was filed on December 24, 2015. The amended complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electronic devices containing strengthened glass and packaging thereof, by reason of common law trademark infringement and dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States. The amended complaint further 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 containing strengthened glass and packaging thereof by reason of infringement of U.S. Trademark Registration No. 2,639,419 (``the '419 Mark''). The amended 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 a cease and desist order.

The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on certain tissue paper products from China 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.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 8, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Server Technology, Inc. of Reno, Nevada. 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 rack mountable power distribution units by reason of infringement of certain claims of U.S. Patent No. 7,162,521 (``the `521 patent''), U.S. Patent No. 7,400,493 (``the `493 patent''), U.S. Patent No. 7,414,329 (``the `329 patent''), U.S. Patent No. 7,447,002 (``the `002 patent''), U.S. Patent No. 7,567,430 (``the `430 patent''), U.S. Patent No. 7,706,134 (``the `134 patent''), U.S. Patent No. 8,541,906 (``the `906 patent''), U.S. Patent No. 8,541,907 (``the `907 patent''), U.S. Patent No. 8,601,291 (``the `291 patent''), and U.S. Patent No. 8,694,272 (``the `272 patent''), and 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.

Notice is hereby given that the U.S. International Trade Commission has determined to adopt a remand recommended determination (``RRD'') of the presiding administrative law judge (``ALJ'') adding eleven (11) days to the total number of days enforcement respondent uPI Semiconductor Corporation (``uPI'') of Hsinchu, Taiwan, violated the August 13, 2010 consent order (``the Consent Order''). The Commission has adopted the RRD as a final determination of the Commission, issued a modified civil penalty order in the amount of $650,000 directed against uPI, and has terminated the remand enforcement proceeding.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same, DN 3109; 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)).