International Trade Commission 2018 – Federal Register Recent Federal Regulation Documents
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Certain Microfluidic Devices; Notice of Request for Statements on the Public Interest
Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the above- captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 31, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, California; and ResMed Ltd. of Australia. A supplement was filed on September 4, 2018. 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 sleep-disordered breathing treatment mask systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,119,931 (``the '931 patent''); U.S. Patent No. 9,027,556 (``the '556 patent''); U.S. Patent No. 9,962,511 (``the '511 patent''); U.S. Patent No. 9,962,510 (``the '510 patent''); U.S. Patent No. 9,937,315 (``the '315 patent''). The complaint further alleges that an industry in the United States exists, or is in the process of being established, 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.
Certain Strength-Training Systems and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 4, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Hoist Fitness Systems, Inc. of Poway, California. A supplement to the Complaint was filed on September 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 strength-training systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,549,949 (``the '949 patent''); U.S. Patent No. 7,563,209 (``the '209 patent''); U.S. Patent No. 7,594,880 (``the '880 patent''); U.S. Patent No. 7,654,938 (``the '938 patent''); and U.S. Patent No. 7,976,440 (``the '440 patent''). The complaint, as supplemented, 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.
Certain Unmanned Aerial Vehicles and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 30, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Autel Robotics USA LLC of Bothell, Washington. 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 unmanned aerial vehicles and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,979,174 (``the '174 patent''); U.S. Patent No. 9,260,184 (``the '184 patent''); and U.S. Patent No. 10,044,013 (``the '013 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.
Certain Jump Rope Systems; Notice of Issuance of Limited Exclusion Order Against Respondent Found in Default; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against certain jump rope systems thereof of Respondent Suzhou Everise Fitness Co, Ltd. of Jiangsu, China (``Respondent''). The investigation is terminated.
Certain Dental Ceramics, Products Thereof, and Methods of Making the Same; Commission Decision To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``final ID'') issued by the presiding administrative law judge (``ALJ'') on July 23, 2018, finding no violation of section 337 of the Tariff Act of 1930, in the above-captioned investigation. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested persons, and interested government agencies on the issues of remedy, the public interest, and bonding. The Commission has determined to extend the target date for completion of the investigation from November 23, 2018 to November 30, 2018.
Aluminum Wire and Cable From China; Institution of Anti-Dumping 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-611 and 731-TA-1428 (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 aluminum wire and cable from China, provided for in subheading 8544.49.90 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 (``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 November 5, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 13, 2018.
Refillable Stainless Steel Kegs From China, Germany, and Mexico; Institution of Anti-Dumping 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-610 and 731-TA-1425-1427 (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 kegs from China, Germany, and Mexico, provided for in subheadings 7310.10.00 and 7310.29.00 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 (``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 November 5, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 13, 2018.
Steel Concrete Reinforcing Bar From Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine; Scheduling of Expedited Five-Year Reviews
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 orders on steel concrete reinforcing bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Xanthan Gum From China; Scheduling of an Expedited Five-Year Review
The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on xanthan gum from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same; Commission's Final Determination of No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, by respondents Sigma Designs, Inc. and Vizio, Inc. The investigation is terminated.
American Manufacturing Competitiveness Act: Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy Proposed Information Collection; Comment Request; and MTB Effects Questionnaire
In accordance with the provisions of the Paperwork Reduction Act of 1995, the U.S. International Trade Commission (Commission) hereby gives notice that it plans to submit a request for approval of a questionnaire to the Office of Management and Budget (OMB) for review and requests public comment on its draft proposed collection.
Mattresses From China; Institution of Antidumping Duty Investigation and Scheduling of Preliminary Phase Investigation
The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1324 (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 mattresses from China, provided for in subheadings 9404.21.00, 9404.29.10, and 9404.29.90 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 (``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 November 2, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 9, 2018.
Certain Subsea Telecommunication Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation To Add Nokia of America Corporation as a Respondent
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 30) of the presiding administrative law judge (``ALJ'') amending the complaint and notice of investigation to add Nokia of America Corporation as a respondent in the investigation.
Certain Multi-Domain Test and Measurement Instruments; Termination of 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. 16), which terminated the investigation on the basis of withdrawal of the complaint.
Certain Network Devices, Related Software and Components Thereof (I): Commission Decision To Terminate the Enforcement Proceeding Based on Settlement
Notice is hereby given that the U.S. International Trade Commission has determined to grant the private parties' joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is terminated.
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 LTE- and 3G- Compliant Cellular Communications Devices, DN 3342; 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.
Certain Network Devices, Related Software and Components Thereof (II) (Modification 2); Grant of Joint Motion To Terminate the Modification Proceeding Based on a Settlement Agreement; Termination of the Modification Proceeding in Its Entirety
Notice is hereby given that the U.S. International Trade Commission has determined grant a joint motion of complainant Cisco Systems, Inc. of San Jose, California (``Cisco'') and respondent Arista Networks, Inc. of Santa Clara, California (``Arista'') to terminate the above-captioned modification proceeding concerning a limited exclusion order and a cease and desist order issued against Arista in Inv. No. 337-TA-945. The modification proceeding is terminated in its entirety.
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 Semiconductor Lithography Systems and Components Thereof, DN 3341; 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.
Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Commission Determination To Review a Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the presiding administrative law judge's final initial determination, finding a violation of section 337 of the Tariff Act of 1930, as amended with respect to U.S. Patent Nos. 8,600,553 and 9,038,233 and no violation with respect to U.S. Patent Nos. 6,809,490 and 8,474,090. The Commission has also determined to extend the target date for completion of the above-captioned investigation until November 20, 2018. The Commission requests certain briefing from the parties on the 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.
Rubber Bands From China and Thailand; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-598 and 600 and 731-TA-1408 and 1410 (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 rubber bands from China and Thailand, provided for in subheading 4016.99.35 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 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 Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof, DN 3340; 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.
Large Residential Washers From Korea and Mexico; Scheduling of a Full Five-Year Review
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 duty and countervailing duty orders on large residential washers from Korea and Mexico 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.
Cast Iron Soil Pipe From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigations Nos. 701-TA-597 and 731-TA-1407 (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 cast iron soil pipe from China, provided for in heading 7303.00.00 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.\1\
Certain Motorized Vehicles and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 1, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of FCA US LLC of Auburn Hills, Michigan. 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 motorized vehicles and components thereof by reason of: (1) Infringement of U.S. Trademark Registration No. 4,272,873 (``the '873 mark''); U.S. Trademark Registration No. 2,862,487 (``the '487 mark''); U.S. Trademark Registration No. 2,161,779 (``the '779 mark''); U.S. Trademark Registration No. 2,794,553 (``the '553 mark''); and U.S. Trademark Registration No. 4,043,984 (``the '984 mark''); (2) trademark dilution and unfair competition violating the complainant's common law trademark rights; and (3) trade dress infringement. The complaint further alleges that an industry in the United States exists and that the alleged violations have the threat or effect of causing substantial injury to that industry as required by the applicable Federal Statutes. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Utility Scale Wind Towers From China and Vietnam; Scheduling of Full Five-Year Reviews
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 duty and countervailing duty orders on utility scale wind towers from China and Vietnam 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.
Strontium Chromate From Austria and France; Institution of Anti-Dumping Duty Investigations and Scheduling of Preliminary Phase Investigations
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigation Nos. 731-TA-1422-1423 (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 strontium chromate from Austria and France, provided for in subheadings 2841.50.91 and 3212.90.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce (``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 October 22, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by October 29, 2018.
Certain Wireless Mesh Networking Products and Related Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 3, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of SIPCO LLC of Ashburn, Virginia. A supplement was filed on August 16, 2018. 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 wireless mesh networking products and related components thereof by reason of infringement of certain claims of U.S. Patent No. 6,914,893 (``the '893 patent''); U.S. Patent No. 7,103,511 (``the '511 patent''); U.S. Patent No. 8,964,708 (``the '708 patent''); and U.S. Patent No. 9,439,126 (``the '126 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.
The Appointment of the Commission's Administrative Law Judges for Section 337 Investigations
Notice is hereby given that the U.S. International Trade Commission's administrative law judges (``ALJs'') have been appointed in conformance with the Appointments Clause of the U.S. Constitution and with the Tariff Act.
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 Strength-Training Systems and Components Thereof, DN 3338; 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.
Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Commission Determination To Review in Part an Initial Determination Finding a Violation of Section 337 and Order Nos. 38 and 47; To Request Written Submissions on Remedy, Bonding, and the Public Interest; and To Extend the Target Date
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding a violation of section 337 and the ALJ's Order Nos. 38 and 47. The Commission is requesting written submissions on remedy, bonding, and the public interest including submissions in response to certain questions directed to the public interest. The Commission has also extended the target date for completion of the investigation to November 16, 2018.
Certain Access Control Systems and Components Thereof; Notice of Institution of Modification Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the above-captioned 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 Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof, DN 3336; 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.
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 Unmanned Aerial Vehicles and Components Thereof, DN 3335; 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.
Large Diameter Welded Pipe From Canada, China, Greece, India, Korea, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-593-596 and 731-TA-1401-1406 (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 large diameter welded pipe (LDWP) from Canada, China, Greece, India, Korea, and Turkey, provided under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060, 7305.19.5000, 7305.31.4000, 7305.31. 6010, 7305.31.6090, 7305.39.1000, and 7305.39.5000 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and/or sold at less-than-fair-value.
U.S. SME Exports: Trade-Related Barriers Affecting Exports of U.S. Small- and Medium-Sized Enterprises to the United Kingdom; Institution of Investigation and Scheduling of Hearing
Following receipt of a request from the U.S. Trade Representative (USTR) on August 3, 2018, under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission has instituted investigation No. 332-569, U.S. SME Exports: Trade-Related Barriers Affecting Exports of U.S. Small and Medium-Sized Enterprises to the United Kingdom, for the purpose of providing a report that catalogs trade-related barriers that small and medium-sized enterprises (SMEs) perceive as disproportionately affecting U.S. SMEs exporting to the United Kingdom (UK), compared to larger U.S. exporters to the UK.
Certain Beverage Dispensing Systems and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 2, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Heineken International B.V. of The Netherlands; Heineken Supply Chain B.V. of The Netherlands; and Heineken USA Inc. of White Plains, New York. The complaint was supplemented on August 28, 2018. 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 beverage dispensing systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,188,751 (``the '751 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.
Certain Welded Large Diameter Line Pipe From Japan; Institution of a Five-Year Review
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 certain welded large diameter line pipe from Japan 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.
Silicomanganese From India, Kazakhstan, and Venezuela; Institution of Five-Year Reviews
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 silicomanganese from India, Kazakhstan, and Venezuela 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.
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