International Trade Commission 2016 – Federal Register Recent Federal Regulation Documents

The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1313 (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 1,1,1,2-Tetrafluoroethane (R-134a) from China, provided for in subheading 2903.39.20 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, the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by April 18, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 25, 2016.

The Chairman of the U.S. International Trade Commission has appointed the following individuals to serve on the Commission's Performance Review Board (PRB):

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 1, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Stryker Corporation of Kalamazoo, Michigan. Supplements were filed on February 18, 2016 and February 22, 2016. 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 hospital beds, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,082,630 (``the '630 patent''); U.S. Patent No. 7,690,059 (``the '059 patent''); U.S. Patent No. 7,784,125 (``the '125 patent''); and U.S. Patent No. 8,701,229 (``the '229 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.

Following receipt of a letter on behalf of the United States Trade Representative (USTR) dated February 16, 2016, advising that several petitioners have withdrawn requests for waivers of the competitive need limitation under the Generalized System of Preferences (GSP) program and that USTR accordingly was withdrawing its request for advice regarding such petitions, the U.S. International Trade Commission (Commission) has amended the scope of its investigation and will not provide advice regarding the withdrawn petitions.

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand would be likely to lead to continuation or recurrence of material injury. Pursuant to 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 March 31, 2016. Comments on the adequacy of responses may be filed with the Commission by May 13, 2016.

The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the countervailing duty order on narrow woven ribbons with woven selvedge from China and revocation of the antidumping duty orders on narrow woven ribbons with woven selvedge from China and Taiwan 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 January 21, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Edgewell Personal Care Brands, LLC of Chesterfield, Missouri and International Refills Company Ltd. of Barbados. Supplements to the complaint were filed on February 3, 2016 and February 9, 2016. 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 diaper disposal systems and components thereof, including diaper refill cassettes, by reason of infringement of certain claims of U.S. Patent No. 8,899,420 (``the '420 patent'') and U.S. Patent No. 6,974,029 (``the '029 patent''). The complaint further alleges that an industry in the United States exists and/or is in the process of being established 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.

Notice is hereby given that the U.S. International Trade Commission has determined to grant an amended joint motion to amend the Notice of Investigation to correct the name of respondent Jawbone, Inc. to AliphCom d/b/a/ Jawbone (``AliphCom'') and a joint motion to terminate the above-captioned investigation in part as to respondent AliphCom based upon a settlement agreement.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-557 and 731-TA-1312 (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 stainless steel sheet and strip from China, provided for in subheading 7219.13.00, 7219.14.00, 7219.23.00, 7219.24.00, 7219.32.00, 7219.33.00, 7219.34.00, 7219.35.00, 7219.90.00, 7220.12.10, 7220.12.50, 7220.20.10, 7220.20.60, 7220.20.70, 7220.20.80, 7220.20.90, and 7220.90.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be 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 March 28, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 4, 2016.

Notice is hereby given that the U.S. International Trade Commission has determined not to review (1) an initial determination (``ID'') (Order No. 43) of the presiding administrative law judge (``ALJ'') granting complainants' motion to terminate the remand investigation with respect to certain products and (2) a remand ID. The Commission has set a schedule for filing written submissions on remedy, the public interest, and bonding. The Commission has also determined to extend the target date for completion of this investigation to April 12, 2016.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 8, 2016, 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 surgical stapler devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,669,073 (``the '073 patent''); U.S. Patent No. 8,342,377 (``the '377 patent''); and U.S. Patent No. 6,079,606 (``the '606 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 a cease and desist order.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-534-538 and 731-TA-1274-1278 (Final) pursuant to the Tariff Act of 1930 (``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 of certain corrosion-resistant steel products from China, India, Italy, Korea, and Taiwan,\1\ provided for in subheadings 7210.30.00, 7210.41.00, 7210.49.00, 7210.61.00, 7210.69.00, 7210.70.60, 7210.90.10, 7210.90.60, 7210.90.90, 7212.20.00, 7212.30.10, 7212.30.30, 7212.30.50, 7212.40.10, 7212.40.50, 7212.50.00, 7212.60.00, 7215.90.10, 7215.90.30, 7215.90.50, 7217.20.15, 7217.30.15, 7217.90.10, 7217.90.50, 7225.91.00, 7225.92.00, 7226.99.01, 7228.60.60, 7228.60.80, and 7229.90.10 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be subsidized and sold at less-than-fair-value.\2\

Notice is hereby given that the U.S. International Trade Commission has determined to review an initial determination (``ID'') (Order No. 17) by the presiding administrative law judge (``ALJ'') finding Viraj Profiles Limited (``Viraj'') in default for spoliation of evidence and ordering the disgorgement of complainants' operating practices in Viraj's possession. On review, the Commission has determined to affirm the default finding as to Viraj. The Commission requests certain briefing from the parties on the remaining issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the 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. 8) granting a joint motion to terminate the investigation.

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. 1) terminating the investigation in its entirety based on a settlement agreement.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-556 and 731-TA-1311 (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 truck and bus tires from China, provided for in statistical reporting numbers 4011.20.1015 and 4011.20.5020 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be 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 March 14, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by March 21, 2016.

The Commission has prepared and published annual reports in this series under investigation No. 332-345, Recent Trends in U.S. Services Trade, since 1996. The 2016 report, which the Commission plans to publish in September 2016, will provide aggregate data on cross- border trade in services for the period ending in 2014, and transactions by affiliates based outside the country of their parent firm for the period ending in 2013. The report's analysis will focus on financial services (banking, insurance, and securities services). The Commission is inviting interested members of the public to furnish information and views in connection with the 2016 report.

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China would be likely to lead to continuation or recurrence of material injury. Pursuant to 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 March 2, 2016. Comments on the adequacy of responses may be filed with the Commission by April 14, 2016.

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.