International Trade Commission May 2019 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Touch- Controlled Mobile Devices, Computers, and Components Thereof, DN 3389; 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 is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof, DN 3389; 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 is hereby given that a complaint was filed with the U.S. International Trade Commission on April 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Rovi Corporation of San Jose, California and Rovi Guides, Inc. of San Jose, California. The complaint was amended on May 16, 2019. The complaint, as amended, 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 digital video receivers, broadband gateways, and related hardware and software components by reason of infringement of certain claims of U.S. Patent No. 8,001,564 (``the '564 patent''); U.S. Patent No. 7,779,445 (``the '445 patent''); U.S. Patent No. 7,386,871 (``the '871 patent''); U.S. Patent No. 8,156,528 (``the '528 patent''); U.S. Patent No. 7,301,900 (``the '900 patent''); and U.S. Patent No. 7,200,855 (``the '855 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 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.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 50) of the presiding administrative law judge (``ALJ''), granting in-part complainant's unopposed motion for leave to amend the complaint and notice of investigation to (1) substitute Huayi Mechanical and Electrical Co., Ltd. for originally named respondent Huayi Carburetor Factory, and update the corresponding address; (2) correct the corporate name of respondent Cabela's Incorporated to Cabela's LLC; and (3) substitute Techtronic Industries (Dongguan) Co. Ltd. for the named respondent Techtronic Industries Co. Ltd. of Hong Kong d/b/a Techtronic Industries Power Equipment.

Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Light- Emitting Diode Products, Systems, and Components Thereof, DN 3385; 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 is hereby given that the U.S. International Trade Commission has received an amended 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 amended complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 11, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Current Lighting Solutions, LLC of East Cleveland, Ohio; General Electric Co., of Boston, Massachusetts; and Consumer Lighting (U.S.), LLC d/b/a GE Lighting of East Cleveland Ohio. A supplement was filed on April 30, 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 LED packages containing PFS phosphor and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,497,973 (``the '973 patent'') and U.S. Patent No. 9,680,067 (``the '067 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 is hereby given that a complaint was filed with the U.S. International Trade Commission on March 25, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Mohawk Industries, Inc., of Calhoun, Georgia; Flooring Industries. Ltd. Sarl of Luxembourg; and IVC US Inc. of Dalton, Georgia. Supplements to the Complaint were filed on April 10, 15 and 29, 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 luxury vinyl tile and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,200,460 (``the '460 patent''); U.S. Patent No. 10,208,490 (``the '490 patent''); and U.S. Patent No. 10,233,655 (``the '655 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 general exclusion order and cease and desist orders.

The Commission instituted the subject five-year review on February 1, 2018, to determine whether termination of the suspended investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of material injury to a domestic industry. On February 6, 2019, the Department of Commerce (``Commerce'') gave notice of its intent to withdraw from and terminate the 2013 Suspension Agreement on Fresh Tomatoes from Mexico and resume the underlying antidumping duty investigation (March 5, 2019). Effective May 7, 2019, Commerce withdrew from and terminated the suspension agreement and resumed the underlying antidumping duty investigation. Accordingly, since there is no longer a suspension agreement of which to conduct a five-year review, the U.S. International Trade Commission gives notice of the termination of its review involving fresh tomatoes from Mexico.

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 non- malleable cast iron pipe fittings from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Replacement Automotive Service and Collision Parts and Components Thereof, DN 3386; 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 is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 13) of the presiding administrative law judge (``ALJ''), granting complainant's motion for summary determination of violation of section 337 of the Tariff Act of 1930, by the defaulting respondents. The Commission is requesting written submissions on remedy, bonding, and the public interest.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Light-Emitting Diode Products, Systems, and Components Thereof, DN 3385; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-623 and 731-TA-1449 (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 vertical metal file cabinets from China, provided for in subheading 9403.10.00 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 June 14, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by June 21, 2019.

Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts & Accoutrements, DN 3375; 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 is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Software Components, DN 3382; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the countervailing duty order on light-walled rectangular pipe and tube from China and revocation of the antidumping duty orders on light-walled rectangular pipe and tube from China, Korea, Mexico, 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.

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 prestressed concrete steel rail tie wire from China and Mexico 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.