International Trade Commission April 2019 – Federal Register Recent Federal Regulation Documents
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Dried Tart Cherries From Turkey; 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-622 and 731-TA-1448 (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 dried tart cherries from Turkey, provided for in subheadings 0813.40.30, 0813.40.90, 0813.50.00, 2006.00.20, and 2008.60.00 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 Turkey. 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 7, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by June 14, 2019.
Circular Welded Carbon-Quality Steel Pipe From China; 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 and countervailing duty orders on circular welded carbon-quality steel pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Road Milling Machines and Components Thereof Commission Determination To Review in Part a Final Initial Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined to review in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') finding a violation of section 337 of the Tariff Act of 1930, as amended (``section 337''), in the above-referenced investigation on October 1, 2018.
Certain Welded Large Diameter Line Pipe From Japan: Scheduling of a Full Five-Year Review
The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 (``the Act'') 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 within a reasonably foreseeable time.
Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries
The Commission is inviting the public to appear at the public hearing and or to submit information in writing in connection with the preparation of its 24th report under section 215 of the Caribbean Basin Economic Recovery Act, which 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 economy of the beneficiary countries. The report is being prepared under Commission investigation No. 332-227, Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries. The report will cover trade during calendar years 2017 and 2018, and will be transmitted to Congress and the President by September 30, 2019.
Certain LED Light Devices, LED Power Supplies, and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding a 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 a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ''), finding a violation of section 337 of the Tariff Act of 1930. The Commission requests briefing from the parties on certain 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. The Commission has also determined to extend the target date for the completion of the above- captioned investigation to June 18, 2019.
Certain Road Construction Machines and Components Thereof; Commission Determination To Review-in-Part a Final Initial Determination Finding a Section 337 Violation; Schedule for Filing Written Submissions; Extension of the Target Date for Completion of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``FID'') of the presiding administrative law judge (``ALJ'') finding a violation of section 337 of the Tariff Act of 1930, as amended. The Commission also extends the target date for completion of this investigation by five business days to June 21, 2019.
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 LED Packages Containing PFS Phosphor and Products Containing Same, DN 3379; 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 Cardio-Strength Training Magnetic-Resistance Cable Exercise Machines and Components Thereof, DN 3380; 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 Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Termination of Investigation on the Basis of Settlement
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. 10), granting a joint motion to terminate the investigation on the basis of settlement. The investigation is terminated.
Ceramic Tile 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-621 and 731-TA-1447 (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 ceramic tile from China, provided for in subheadings 6907.21.10, 6907.21.20, 6907.21.30, 6907.21.40, 6907.21.90, 6907.22.10, 6907.22.20, 6907.22.30, 6907.22.40, 6907.22.90, 6907.23.10, 6907.23.20, 6907.23.30, 6907.23.40, 6907.23.90, 6907.30.10, 6907.30.20, 6907.30.30, 6907.30.40, 6907.30.90, 6907.40.10, 6907.40.20, 6907.40.30, 6907.40.40, and 6907.40.90 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 May 28, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by June 4, 2019.
Certain Lithography Machines and Systems and Components Thereof (I) Termination of Investigation on the Basis of Settlement
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. 15), granting a joint motion to terminate the investigation on the basis of settlement. The investigation is terminated.
Certain Color Intraoral Scanners and Related Hardware and Software; 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 section 337 violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.
Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order (``GEO'') denying entry of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe complainant's asserted trademarks. The Commission has also issued a cease and desist order (``CDO'') directed to respondent Fractioni (Hongkong) Ltd. (``Fractioni''). The investigation is terminated.
Certain Microperforated Packaging Containing Fresh Produce (II); Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation With Respect to Respondent Growers Express, LLC.; 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. 7) of the presiding administrative law judge (``ALJ''), granting complainant's motion to terminate the investigation as to respondent Growers Express, LLC (``Growers Express'') based on a settlement and license agreement. The investigation is terminated in its entirety.
Certain Lithography Machines and Systems and Components Thereof (II); Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; 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. 17) issued by the presiding administrative law judge (``ALJ'') that terminates the above-captioned investigation based on settlement. The investigation is terminated.
Certain Child Carriers and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 6, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of LILLEbaby LLC of Golden, Colorado. LILLEbaby filed supplements to the complaint on March 25 and April 2, 2019. 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 child carriers and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,172,116 (``the '116 patent'') and U.S. Patent No. 8,424,732 (``the '732 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, limited exclusion orders. The complainant also requests that the Commission issue cease and desist orders.
Certain Bone Cements, Components Thereof and Products Containing the Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 5, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Heraeus Medical LLC of Yardley, Pennsylvania and Heraeus Medical GmbH of Germany. A letter amending the complaint was filed on March 22, 2019. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain bone cements, components thereof and products containing the same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry in the United States or to prevent the establishment of such an industry. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Certain Vehicle Security and Remote Convenience Systems and Components Thereof: Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 5, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of DEI Holdings, Inc. and Directed, LLC of Vista, California, and Directed Electronics Canada Inc. of Canada. 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 vehicle security and remote convenience systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,191,053 (the ``'053 patent''), U.S. Patent No. 7,483,783 (the ``'783 patent''), U.S. Patent No. 7,646,285 (the ``'285 patent''), U.S. Patent No. 7,898,386 (the ``'386 patent''), and U.S. Patent No. 8,378,800 (the ``'800 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. Addresses: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205- 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Certain Electrochemical Glucose Monitoring Systems and Components Thereof; Commission Determination To Affirm an Initial Determination Granting a Motion for Summary Determination of Non-Infringement of the Asserted Patents; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm an initial determination (Order No. 33) granting a motion for summary determination of non-infringement of the asserted patents and the presiding administrative law judge's (``ALJ'') underlying orders. The investigation is terminated.
Certain Semiconductor Lithography Systems and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review a March 12, 2019 initial determination (``ID'') (Order No. 9) terminating this investigation in its entirety based on a settlement agreement. The investigation is terminated.
Certain Photovoltaic Cells and Products Containing Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 4, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Hanwha Q CELLS USA Inc. of Dalton, Georgia and Hanwha Q CELLS & Advanced Materials Corporation of Korea. Letters supplementing the complaint were filed on March 12, 14, and 21, 2019. 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 photovoltaic cells and products containing same by reason of infringement of certain claims of U.S. Patent No. 9,893,215 (``the '215 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 Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 28, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Data Scape Limited of Sandyford, Ireland, and C-Scape Consulting Corp. of Rockville Centre, New York. 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 data transmission devices, components thereof, associated software, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,720,929 (``the '929 patent''); U.S. Patent No. 7,617,537 (``the '537 patent''); and U.S. Patent No. 8,386,581 (``the '581 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.
Possible Modifications to the International Harmonized System Nomenclature
The Commission is requesting proposals from interested persons and agencies to amend the International Harmonized Commodity Description and Coding System (Harmonized System or HS) in connection with the Seventh Review Cycle of the World Customs Organization (WCO), with a view to keeping the Harmonized System current with changes in technology and trade patterns. The proposals will be reviewed by the Commission, U.S. Customs and Border Protection (CBP), and the U.S. Department of Commerce, Bureau of the Census (Census), for potential submission by the U.S. Government to the WCO in Brussels, Belgium.
Sodium Sulfate Anhydrous From Canada; 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-1446 (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 sodium sulfate anhydrous from Canada, provided for in subheadings 2833.11.10 and 2833.11.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. 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 May 13, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 20, 2019.
Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 15, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Innovative Foundry Technologies LLC of Portsmouth, New Hampshire. Letters supplementing the complaint were filed on March 1, 2019; March 8, 2019; and March 13, 2019. 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 semiconductor devices, integrated circuits, and consumer products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,583,012 (``the '012 patent''); U.S. Patent No. 6,797,572 (``the '572 patent''); U.S. Patent No. 7,009,226 (``the '226 patent''); U.S. Patent No. 7,880,236 (``the '236 patent''); and U.S. Patent No. 9,373,548 (``the '548 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 complainant requests 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 a complaint entitled Certain Luxury Vinyl Tile and Components Thereof, DN 3376; 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 Electronic Nicotine Delivery Systems and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting-in-Part a Joint Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) of the Administrative Law Judge (``ALJ'') granting-in-part a joint motion to amend the complaint and notice of investigation (``NOI'').
Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined that no violation of Section 337 of the Tariff Act of 1930 (``Section 337''), has been proven in the above-captioned investigation and accordingly no remedial orders shall be issued, which renders moot any issues of remedy, the public interest, or bonding. The investigation is terminated.
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products 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 diffusion-annealed, nickel-plated flat-rolled steel products 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.
Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Notice of Institution of Formal Enforcement Proceeding
Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding related to cease and desist orders issued in the above-captioned investigation.
Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel From the Dominican Republic, Tenth Annual Review
The U.S. International Trade Commission (Commission) has announced its schedule, including deadlines for filing written submissions, in connection with preparing a report on its tenth and final annual review in investigation No. 332-503, Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, Tenth Annual Review.
Crawfish Tail Meat 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 crawfish tail meat 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.
Circular Welded Carbon Quality Steel Line Pipe From China; 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 circular welded carbon quality steel line pipe 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.
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