International Trade Commission June 2017 – Federal Register Recent Federal Regulation Documents

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-582 and 731-TA-1377 (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 ripe olives from Spain, provided for in subheadings 2005.70.02, 2005.70.04, 2005.70.06, 2005.70.08, 2005.70.12, 2005.70.16, 2005.70.18, 2005.70.23, 2005.70.25, 2005.70.50, 2005.70.60, 2005.70.70, 2005.70.75, 2005.70.91, 2005.70.93, and 2005.70.97 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 Spain. 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 August 7, 2017. The Commission's views must be transmitted to Commerce within five business days thereafter, or by August 14, 2017.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 23, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Honeywell International, Inc. of Morris Plains, New Jersey; Hand Held Products, Inc. d/b/a Honeywell Scanning & Mobility of Fort Mill, South Carolina; and Metrologic Instruments, Inc. d/b/a Honeywell Scanning & Mobility of Fort Mill, South Carolina. 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 bar code readers, scan engines, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,832,725 (``the '725 patent''); U.S. Patent No. 8,511,572 (``the '572 patent''); U.S. Patent No. 7,148,923 (``the '923 patent''); U.S. Patent No. 7,527,206 (``the '206 patent''); U.S. Patent No. 8,646,692 (``the '692 patent''); and U.S. Patent No. 9,323,969 (``the '969 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 not to review an initial determination (``ID'') (Order No. 7) issued by the presiding administrative law judge (``ALJ'') on May 31, 2017, granting Steptoe & Johnson LLP's (``Steptoe'') motion to intervene for the limited purpose of responding to a disqualification motion.

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. 18) granting complainants' unopposed motion to terminate the investigation in its entirety based upon withdrawal of the complaint.

Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding in the above-captioned investigations.

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a recommended determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting submissions from the public on any public interest issues raised by the recommended relief. The ALJ recommended that a limited exclusion order issue against certain digital video receivers and hardware and software components thereof imported by the respondents. The respondents are Comcast Corporation of Philadelphia, PA; Comcast Cable Communications, LLC of Philadelphia, PA; Comcast Cable Communications Management, LLC of Philadelphia, PA; Comcast Business Communications, LLC of Philadelphia, PA; Comcast Holdings Corporation of Philadelphia, PA; Comcast Shared Services, LLC of Chicago, IL; Technicolor SA of Issy-les-Moulineaux, France; Technicolor USA, Inc. of Indianapolis, IN; Technicolor Connected Home USA LLC of Indianapolis, IN; Pace Ltd. of Saltaire, England; Pace Americas, LLC of Boca Raton, FL; Arris International plc of Suwanee, GA; Arris Group Inc. of Suwanee, GA; Arris Technology, Inc. of Horsham, PA; Arris Enterprises Inc. of Suwanee, GA; and Arris Solutions, Inc. of Suwanee, GA. The ALJ also recommended that cease and desist orders be directed to the respondents. Parties are to file public interest submissions pursuant to Commission's Rules of Practice and Procedure.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Backpack Chairs, DN 3229; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Following receipt of a petition for import relief, as amended and properly filed on June 5, 2017, the Commission has instituted investigation No. TA-201-76 pursuant to section 202 of the Trade Act of 1974 (``the Act'') to determine whether large residential washers (``LRWs'') are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. The Commission has deemed the petition, as amended, to have been properly filed on June 5, 2017. The Commission has determined that this investigation is ``extraordinarily complicated,'' and will make its injury determination within 122 days after the petition was filed, or by October 5, 2017. The Commission will submit to the President the report required under section 202(f) of the Act within 180 days after the date on which the petition was deemed filed, or by December 4, 2017.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 9, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of ARRIS Enterprises LLC of Suwanee, Georgia. Supplements were filed on May 26, 2017. 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 consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players by reason of infringement of U.S. Patent No. 6,473,858 (``the '858 patent''); U.S. Patent No. 6,934,148 (``the '148 patent''); U.S. Patent No. 7,113,502 (``the '502 patent''); U.S. Patent No. 7,752,564 (``the '564 patent''); U.S. Patent No. 8,300,156 (``the '156 patent''); and U.S. Patent No. 9,521,466 (``the '466 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 rescind a limited exclusion order prohibiting importation of infringing lithium metal oxide cathode materials based upon settlement.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-581 and 731-TA-1374-1376 (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 citric acid and certain citrate salts from Belgium, Colombia, and Thailand, provided for in subheadings 2918.14, 2918.15, and 3824.99 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 Thailand. 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 July 17, 2017. The Commission's views must be transmitted to Commerce within five business days thereafter, or by July 24, 2017.

Correction is made to notice 82 FR 21827-29 which was published on Wednesday, May 10, 2017, to clarify that the Commission found, inter alia, a violation with respect to claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 56, and 64 of U.S. Patent No. 7,224,668 (``the '668 patent''). Any omission of claim 18 from the list of claims concerning the '668 patent is hereby corrected in the notice of termination and in the Commission opinion.

Following receipt on May 18, 2017, of a request from the United States Trade Representative (USTR), the Commission instituted Investigation Nos. TA-131-042 and TPA-105-002, North American Free Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports.

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 countervailing duty order on circular welded pipe and tube from Turkey and the antidumping duty orders on certain circular welded pipe and tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey 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.

Following receipt of a petition for import relief, as amended and properly filed on May 17, 2017, the Commission has instituted investigation No. TA-201-75 pursuant to section 202 of the Trade Act of 1974 (``the Act'') to determine whether crystalline silicon photovoltaic (``CSPV'') cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. The Commission has deemed the petition, as amended, to have been properly filed on May 17, 2017. The Commission has determined that this investigation is ``extraordinarily complicated'' and will make its injury determination within 128 days after the petition was filed, or by September 22, 2017. The Commission will submit to the President the report required within 180 days after the date on which the petition was filed, or by November 13, 2017.