International Trade Commission July 2018 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (Order No. 10) granting a joint motion to terminate the investigation based on consent orders and a settlement agreement. The Commission has issued the consent orders. The investigation is terminated.

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 antidumping and countervailing duty orders on crystalline silicon photovoltaic cells and modules 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 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 no violation of section 337 of the Tariff Act of 1930, as amended. The Commission has also set a schedule for briefing. Additionally, Commission has determined to extend the target date for the completion of the investigation to September 19, 2018.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 14, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Walbro, LLC of Tucson, Arizona. A supplement to the complaint was filed on June 22, 2018. 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 carburetors and products containing such carburetors by reason of infringement of certain claims of U.S. Patent No. 6,394,424 (``the '424 patent''); U.S. Patent No. 6,439,547 (``the '547 patent''); U.S. Patent No. 6,533,254 (``the '254 patent''); U.S. Patent No. 6,540,212 (``the '212 patent''); and U.S. Patent No. 7,070,173 (``the '173 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 general or limited exclusion order, in the alternative a limited exclusion order, and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Microperforated Packaging Containing Fresh Produce (II), DN 3327; 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.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-590 and 731-TA-1397 (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 sodium gluconate, gluconic acid, and derivative products from China, provided for in statistical reporting numbers 2918.16.1000, 2918.16.5010, and 2932.20.5020 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 7, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sauder Manufacturing Company of Archbold, Ohio. A supplement to the complaint was filed on June 14, 2018. 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 convertible sofas and components thereof by reason of infringement of U.S. Design Patent No. 716,576 (``the '576 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 limited exclusion order and a cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 15) of the Chief Administrative Law Judge (``CALJ'') granting Complainant's motion to amend the Notice of Investigation (``NOI'') to add claim 30 of U.S. Patent No. 8,267,297 (``the '297 patent'').

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on April 27, 2018, finding no violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), as to claims 1-8 of U.S. Patent No. 6,552,360 (``the '360 patent''); claims 1-10 of U.S. Patent No. 6,788,602 (``the '602 patent''); and claims 11-16 of U.S. Patent No. 8,035,417 (``the '417 patent''). The Commission has also determined to extend the target date for completion of this investigation until September 4, 2018.

Notice is hereby given that the U.S. International Trade Commission has determined to modify a limited exclusion order and a cease and desist order (``the remedial orders'') issued against Arista Networks, Inc. of Santa Clara, California (``Arista'') in Inv. No. 337- TA-945. The above-captioned modification proceeding is terminated as to U.S. Patent No. 6,377,577 (``the '577 patent'') and is suspended as to U.S. Patent No. 7,224,668 (``the '668 patent'').