International Trade Commission 2018 – Federal Register Recent Federal Regulation Documents
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Xanthan Gum From China; 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 xanthan gum 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.
Certain Modular LED Display Panels and Components Thereof; Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 27, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ultravision Technologies, LLC of Dallas, Texas. An amended complaint was filed on April 16, 2018. Supplements were filed on May 7, 2018 and May 8, 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 modular LED display panels and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,349,306 (``the '306 Patent'') and U.S. Patent No. 9,916,782 (``the '782 Patent''). The amended 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 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 (a) cease and desist order(s).
Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same; Notice of Request for Submissions on the Public Interest
Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a recommended determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended limited exclusion order against certain semiconductor devices and consumer audiovisual products containing the same manufactured and imported by respondents Sigma Designs, Inc. of Fremont, California (``Sigma''), and Vizio, Inc. of Irvine, California (``Vizio''), and the recommended cease-and-desist order against Vizio. This notice is soliciting comments from the public only. Parties are to file public interest submissions.
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 Earpiece Devices and Components Thereof, DN 3320; 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.
Steel Propane Cylinders From China, Taiwan, and Thailand; 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-607 and 731-TA-1417-1419 (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 propane cylinders from China, Taiwan, and Thailand, provided for in statistical reporting numbers 7311.00.0060 and 7311.00.0090 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 July 6, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by July 13, 2018.
Generalized System of Preferences: Possible Modifications, 2017 Review
Following receipt of a request on May 18, 2018, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-567, Generalized System of Preferences: Possible Modifications, 2017 Review, for the purpose of providing advice and information relating to the possible designation of additional articles, removal of articles, waiver of competitive need limitations, redesignation of articles, and denial of a de minimis waiver.
Folding Gift Boxes 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 folding gift boxes from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Silicomanganese From China and Ukraine; 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 orders on silicomanganese from China and Ukraine 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.
Activated Carbon 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 activated carbon from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Amorphous Metal and Products Containing Same; Amending the Complaint and Notice 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. 12), which granted a motion to amend the complaint and notice of investigation.
Certain Submarine Telecommunication Systems and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of NEC Corporation of Japan and NEC Corporation of America of Irving, Texas. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation into the United States, and/or the sale within the United States after importation of certain submarine telecommunication systems and components thereof by reason of infringement of U.S. Patent No. 8,244,131 (``the '131 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 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 an amended complaint entitled Certain Human Milk Oligosaccharides and Methods of Producing the Same, DN 3306; 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 Microperforated Packaging Containing Fresh Produce; Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation as to Respondent Apio, Inc. Based On A Settlement and License Agreement; Termination of the Investigation in Its Entirety
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 19) of the presiding administrative law judge (``ALJ''), granting complainant's motion to terminate the investigation as to respondent Apio, Inc. (``Apio'') of Guadalupe, California, based on a settlement and license agreement. As Apio is the last respondent, the investigation is terminated in its entirety.
Certain Non-Volatile Memory Devices and Products Containing the Same; Notice of Request for Statement 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 directed to respondents Toshiba Corporation of Tokyo, Japan; Toshiba Memory Corporation of Tokyo, Japan; Toshiba America, Inc. of New York, New York; Toshiba America Electronic Components, Inc. of Irvine, California; Toshiba America Information Systems, Inc. of Irvine, California; and Toshiba Information Equipment (Philippines), Inc. of Binan, Philippines, and cease and desist orders directed to the domestic respondents. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 9, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Syneron Medical Ltd. of Israel; Candela Corporation of Wayland, Massachusetts; and Massachusetts General Hospital of Boston, Massachusetts. A supplement was filed on April 27, 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 radio frequency micro-needle dermatological treatment devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,510,899 (``the '899 patent'') and U.S. Patent No. 9,095,357 (``the '357 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 UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined, upon review of the final initial determination (the ``ID''), that the complainants have not shown a violation of the Tariff Act of 1930, as amended, in connection with the asserted patents. This investigation 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 Infotainment Systems, Components Thereof, and Automobiles Containing the Same, DN 3316; 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 Movable Barrier Operator Systems and Components Thereof, DN 3315; 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 Full-Capture Arrow Rests and Components Thereof, DN 3314; 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 Mobile Electronic Devices and Radio Frequency and Processing Components Thereof; Notice of Commission Determination To Amend the Notice of Investigation To Delete Certain Claims That Were Erroneously Included Due to an Apparent Typographical Error
Notice is hereby given that the U.S. International Trade Commission has determined sua sponte to amend the notice of investigation to delete claims 2-9 of U.S. Patent No. 8,633,936 (``the '936 patent''), which were erroneously included due to a typographical error.
Rules of General Application, Adjudication and Enforcement
The United States International Trade Commission (``Commission'') amends its Rules of Practice and Procedure concerning rules of general application, adjudication, and enforcement. The amendments are necessary to make certain technical corrections, to clarify certain provisions, to harmonize different parts of the Commission's rules, and to address concerns that have arisen in Commission practice. The intended effect of the proposed amendments is to facilitate compliance with the Commission's Rules and improve the administration of agency proceedings.
Public Availability of FY 2016 Service Contracts Inventory Analysis, and Planned Analysis of FY 2017 Service Contracts Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010, the U.S. International Trade Commission is publishing this notice to advise the public of the availability of the FY 2016 Service Contracts Inventory Analysis, and Planned Analysis of FY 2017 Service Contracts Inventory. The FY 2016 inventory analysis provides information on specific service contract actions that were analyzed as part of the FY 2016 inventory. The 2016 inventory provides information on service contract actions over $25,000, which were made in FY 2016. The inventory information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 and December 19, 2011, by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https:// www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement /memo/ service-contract-inventory-guidance.pdf. The FY 2017 inventory planned analysis provides information on which functional areas will be reviewed by the agency. The United States International Trade Commission has posted its FY 2016 inventory, FY 2017 planned analysis at the following link: https://www.usitc.gov/ procurement.htm.
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 Blood Cholesterol Testing Strips and Associated Systems Containing the Same, DN 3313; 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 Blow-Molded Bag- In-Container Devices, Associated Components, and End Products Containing or Using Same, DN 3312; 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 Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 30, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Gamevice, Inc. of Simi Valley, California. Supplements to the complaint were filed on April 13, 2018, and April 19, 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 portable gaming console systems with attachable handheld controllers and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,855,498 (``the '498 patent'') and U.S. Patent No. 9,808,713 (``the '713 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 Shielded Electrical Ribbon Cables and Products Containing the Same: Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Consent Order Stipulation and Proposed Consent Order; Issuance of Consent Order and 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. 20) of the presiding administrative law judge (``ALJ''), terminating the above-captioned investigation based on a consent order stipulation and proposed consent order. The Commission has issued the consent order and has also determined to terminate the investigation.
Certain Hybrid Electric Vehicles and Components Thereof; Commission Decision Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on Settlement and Patent License Agreements; 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. 36) of the presiding Administrative Law Judge (``ALJ'') granting a joint motion to terminate the investigation based on settlement and patent license agreements. The investigation is terminated.
Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 27, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bracco Diagnostics Inc. of Monroe Township, New Jersey. An amended complaint was filed on April 13, 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 strontium-rubidium radioisotope infusion systems, and components thereof including generators by reason of infringement of U.S. Patent No. 9,814,826 (``the '826 patent''); U.S. Patent No. 9,750,869 (``the '869 patent''); and U.S. Patent No. 9,750,870 (``the '870 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.
Certain Ammonium Nitrate From Ukraine; 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 ammonium nitrate from Ukraine 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.
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 Submarine Telecommunication Systems and Components Thereof, DN 3311; 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 Large Residential Washers From Korea and Mexico; Notice of Commission Determination To Conduct Full Five-Year Reviews
The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order and revocation of the antidumping duty order on large residential washers from Korea and revocation of the antidumping duty order on large residential washers from Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same: 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 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, namelya limited exclusion order (``LEO'') against certain graphics systems, components thereof, and consumer products containing the same, which are imported, sold for importation, and/or sold after importation by respondents VIZIO, Inc. (``VIZIO''), MediaTek Inc. and Media Tek USA Inc. (collectively, ``MediaTek''), and Sigma Designs, Inc. (``SDI''); and a cease and desist order (``CDO'') against respondents VIZIO and SDI. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
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 2016. This summary addresses two APOB investigations related to proceedings under title VII of the Tariff Act of 1930 and seven APOB investigations related to proceedings under section 337 of the Tariff Act of 1930, two of which were combined and which were related to the same proceedings under section 337. The Commission investigated rules violations as part of two of the APOB investigations. 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.
Quartz Surface Products 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-606 and 731-TA-1416 (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 quartz surface products from China, provided for in subheading 6810.99.00 (statistical reporting number 6810.99.0010) 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 June 1, 2018. The Commission's views must be transmitted to Commerce within five business days thereafter, or by June 8, 2018.
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