International Trade Commission 2018 – Federal Register Recent Federal Regulation Documents
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Certain Dental Ceramics, Products Thereof, and Methods of Making the Samel; 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 and 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, specifically a limited exclusion order and cease and desist orders. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Plastic Decorative Ribbon From China; 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-592 and 731-TA-1400 (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 plastic decorative ribbon from China, provided for in subheadings 3920.10.00, 3920.20.00, 3920.30.00, 3920.43.50, 3920.49.00, 3920.62.00, 3920.69.00, 3921.90.11, 3921.90.15, 3921.90.19, 3921.90.40, 3926.90.99, 5404.90.00, 9505.90.40, 4601.99.90, 4602.90.00, 5609.00.30, 5609.00.40, and 6307.90.98 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.
Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Denial of Motion To Amend; and Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (``section 337''), as amended, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain graphics systems and televisions containing the same that infringe claim 1-5 and 8 of U.S. Patent No. 7,633,506 (``the '506 patent''). The Commission has also issued cease and desist orders directed to Respondents VIZIO, Inc. (``VIZIO'') and Sigma Designs, Inc. (``SDI''). The Commission has further determined to deny Complainants' motion for leave to amend the complaint and the notice of investigation. The investigation is terminated.
Certain Magnetic Tape Cartridges and Components Thereof 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 Digital Cameras, Software, and Components Thereof; 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 and 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, specifically a limited exclusion order and cease and desist orders directed to each of the remaining named respondents: Nikon Corporation of Tokyo, Japan; Sendai Nikon Corporation of Natori, Japan; Nikon Inc. of Melville, New York; Nikon (Thailand) Co., Ltd. of Ayutthaya, Thailand; and Nikon Imaging (China) Co., Ltd. of Jiangsu, China. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Certain Fuel Pump Assemblies Having Vapor Separators and Components Thereof; Commission Determination Not To Review an Initial Determination Finding Sole Respondent in Default; Request for Written Submissions on Remedy, Bonding, and the Public Interest
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (Order No. 6) finding the sole respondent, Wenzhou Jushang (JS) Performance Parts Co. Ltd. of Wenzhou, China, in default. The Commission requests written submissions, under the schedule set forth below, on remedy, bonding, and the public interest.
Certain Magnetic Data Storage Tapes and Cartridges Containing the Same Notice of Institution of Modification Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding relating to the March 8, 2018 limited exclusion order and cease and desist orders issued in the above-referenced investigation.
Certain Wireless Headsets; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation as to Respondent GN Netcom A/S Based on a Settlement Agreement; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 29) granting a joint motion to terminate the above- captioned remand investigation as to the last-remaining respondent, GN Netcom A/S d/b/a Jabra of Ballerup, Denmark (``GN''), based on a settlement agreement. The investigation is terminated in its entirety.
Certain Lithography Machines and Systems and Components Thereof (II); Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Carl Zeiss SMT GmbH of Germany. Supplements to the complaint were filed on July 26 and August 7 and 9, 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 lithography machines and systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,929,115 (``the '115 patent''); U.S. Patent No. 8,441,613 (``the '613 patent''); and U.S. Patent No. 9,052,609 (``the '609 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 Lithography Machines and Systems and Components Thereof (I); Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Carl Zeiss SMT GmbH of Germany. Supplements to the complaint were filed on July 20 and 26, 2018. An amended complaint was filed on August 9, 2018. The amended 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 lithography machines and systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,902,407 (``the '407 patent'') and U.S. Patent No. 9,280,058 (``the '058 patent''). The amended 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.
Summary of Commission Practice Relating to Administrative Protective Orders
Since February 1991, the U.S. International Trade Commission (``Commission'') has published in the Federal Register reports on the status of its practice with respect to violations of its administrative protective orders (``APOs'') under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''). This notice provides a summary of breach investigations (APOB investigations) completed during calendar year 2017. This summary addresses an APOB investigation related to a proceeding under title VII of the Tariff Act of 1930. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.
Certain Microperforated Packaging Containing Fresh Produce (II); Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 12, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Windham Packaging, LLC of Windham, New Hampshire. A letter supplementing the complaint was filed on August 2, 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 microperforated packaging containing fresh produce (II) by reason of infringement of certain claims of U.S. Patent No. 7,083,837 (``the '837 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.
Steel Trailer Wheels 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-609 and 731-TA-1421 (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 steel trailer wheels from China, provided for in subheading 8716.90.50 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 September 24, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by October 1, 2018.
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 Motorized Vehicles and Components Thereof, DN 3330; 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 Beverage Dispensing Systems and Components Thereof, DN 3331; 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 Wireless Mesh Networking Products and Related Components Thereof, DN 3333; 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 LED Lighting Devices, LED Power Supplies, and Components Thereof; Commission Determination To Amend the Notice of Investigation To Delete an Erroneously Included Respondent
Notice is hereby given that the U.S. International Trade Commission has determined to amend the notice of investigation to delete the erroneously included respondent Edgewell Personal Care Brands LLC.
Certain Jump Rope Systems; Commission Determination Not To Review an Initial Determination Finding Sole Respondent in Default; Request for Written Submissions on Remedy, Bonding, and the Public Interest
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (Order No. 6), finding the sole respondent, Suzhou Everise Fitness Co., Ltd. of Jiangsu, China, in default. The Commission requests written submissions, under the schedule set forth below, on remedy, bonding, and the public interest.
Certain X-Ray Breast Imaging Devices and Components Thereof Notice of Request for Statements on the Public Interest
Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a Recommended Determination on Remedy and Bond in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief. The ALJ recommended, should the Commission find a violation of section 337, that the Commission issue a limited exclusion order prohibiting the entry of certain x-ray breast imaging devices and components thereof manufactured abroad by or on behalf of Respondents FUJIFILM Corporation of Tokyo, Japan; FUJIFILM Medical Systems USA, Inc. of Stamford, Connecticut; and FUJIFILM Techno Products Co., Ltd. of Hanamaki-Shi Iwate, Japan, that infringe certain claims of U.S. Patent Nos. 7,831,296; 8,452,379; 7,688,940; and 7,123,684. The ALJ also recommend that a cease and desist order be issued. The ALJ recommend that the issuing orders include exceptions relating to support, servicing and repair and that the limited exclusion order include an exception for government use, as well as a certification provision. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding; Temporary Rescission of the Remedial Orders; Termination of the Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding, to temporarily rescind a March 17, 2016 limited exclusion order and three cease-and-desist orders (``the remedial orders''), and to terminate the rescission proceeding.
Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution
Section 206 of the ATPA requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers, and on the effectiveness of the Act in promoting drug- related crop eradication and crop substitution efforts by beneficiary countries. The Commission prepares these reports under investigation No. 332-352, Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution.
Certain Subsea Telecommunication Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation To Reflect a Corporate Name Change
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 21) of the presiding administrative law judge (``ALJ''), granting complainant's unopposed motion for leave to amend the complaint and notice of investigation to reflect the corporate name change of complainant Neptune Subsea Acquisitions Ltd. to Xtera Topco Ltd.
Certain Clidinium Bromide and Products Containing Same; Commission Decision Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Terminate the Investigation Based on the Withdrawal of the Amended Complaint; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 12) of the presiding Administrative Law Judge (``ALJ'') granting Complainants' unopposed motion to terminate the investigation in its entirety based on the withdrawal of the amended complaint. The investigation is terminated.
Certain Programmable Logic Controller (PLCs), Components Thereof, and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting a Motion of Non-Party North Coast To Intervene
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) granting a motion of non-party North Coast Electric Company (``North Coast'') to intervene in the above-captioned investigation.
Certain Pasta From Italy and Turkey; 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 and countervailing duty orders on certain pasta from Italy 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.
Certain Water Filters and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 8, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Electrolux Home Products, Inc. of Charlotte, North Carolina and KX Technologies, LLC of West Haven, Connecticut. An amended complaint was filed on June 28, 2018. A letter supplementing the amended complaint was filed on July 10, 2018. The amended 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 water filters and components thereof by reason of infringement of U.S. Patent No. 8,673,146 (``the '146 patent''); U.S. Patent No. 8,137,551 (``the '551 patent''); U.S. Patent No. 9,233,322 (``the '322 patent''); and U.S. Patent No. 9,901,852 (``the '852 patent''). The amended 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 general exclusion order or, in the alternative, a limited exclusion order, and cease and desist orders.
Certain Height-Adjustable Desk Platforms and Components Thereof Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 22, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of Coppell, Texas. On July 3, 12, and 20, 2018, Varidesk filed letters supplementing the complaint. 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 height-adjustable desk platforms and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,113,703 (``the '703 patent''); U.S. Patent No. 9,277,809 (``the '809 patent''); U.S. Patent No. 9,554,644 (``the '644 patent''); and U.S. Patent No. 9,924,793 (``the '793 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 exclusion order and a cease and desist order.
Certain Load Supporting Systems, Including Composite Mat Systems, and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on Consent Orders and a Settlement Agreement; Issuance of Consent Orders; Termination of the Investigation
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.
Crystalline Silicon Photovoltaic Cells and Modules From China; 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 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.
Institution of Investigation: Certain Powered Cover Plates
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of SnapRays, LLC d/b/a SnapPower of Vineyard, Utah. Supplements to the Complaint were filed on July 6, July 11, and July 12, 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 powered cover plates by reason of infringement of U.S. Patent No. 9,871,324 (``the '324 patent''); U.S. Patent No. 9,917,430 (``the '430 patent''); U.S. Patent No. 9,882,361 (``the '361 patent'') and U.S. Design Patent No. D819,426 (``the '426 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 exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Briefing; Extension of Target Date
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.
Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Enforcement Proceeding To Reflect a Corporate Name Change
Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined not to review an initial determination (``ID'') (Order No. 46) amending the complaint and Notice of Enforcement Proceeding to reflect a corporate name change.
Certain Carburetors and Products Containing Such Carburetors Institution of Investigation
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 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 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.
Common Alloy Aluminum Sheet 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 investigation Nos. 701-TA-591 and 731-TA-1399 (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 common alloy aluminum sheet from China, provided for in subheadings 7606.11.30, 7606.11.60, 7606.12.30, 7606.12.60, 7606.91.30, 7606.91.60, 7606.92.30, and 7606.92.60 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.
Sodium Gluconate, Gluconic Acid, and Derivative Products 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 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.
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