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

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 countervailing duty orders on hot- rolled steel products from India, Indonesia, and Thailand and antidumping duty orders on hot-rolled steel products from China, India, Indonesia, Taiwan, Thailand, and Ukraine 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 determined not to review an initial determination (``ID'') (Order No. 11) of the presiding Administrative Law Judge (``ALJ'') granting a joint motion to terminate the investigation in its entirety based on a consent order stipulation and proposed consent order. The Commission has issued a consent order and has terminated the investigation.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-611 and 731-TA-1428 (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 aluminum wire and cable from China, provided for in subheading 8544.49.90 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair- value.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Lighting Science Group Corporation of Cocoa Beach, Florida; Healthe, Inc. of Cocoa Beach, Florida; and Global Value Lighting, LLC of West Warwick, Rhode Island. An amended complaint was filed on May 20, 2019. A supplement to the amended complaint was filed on June 11, 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 light- emitting diode products, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,098,483 (``the '483 Patent''); U.S. Patent No. 7,095,053 (``the '053 Patent''); U.S. Patent No. 8,506,118 (``the '118 Patent''); U.S. Patent No. 7,528,421 (``the '421 Patent''); U.S. Patent No. 8,674,608 (``the '608 Patent''); U.S. Patent No. 8,201,968 (``the '968 Patent''); and U.S. Patent No. 8,967,844 (``the '844 Patent''). The complaint, as amended, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint, as amended, also alleges violations of section 337 based on the importation into the United States, and in the sale of, certain light-emitting diode products, systems, and components thereof by reason of false advertising, the threat of effect of which is to destroy or substantially injure an industry in the United States. 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 May 22, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Neodron Ltd. of Dublin, Ireland. The complaint was amended on May 23, 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 touch- controlled mobile devices, computers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,432,173 (``the '173 patent''); U.S. Patent No. 8,791,910 (``the '910 patent''); U.S. Patent No. 9,024,790 (``the '790 patent''); and U.S. Patent No. 9,372,580 (``the '580 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.

Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued an Initial Determination on Violation of Section 337 and 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 should the Commission find a violation of section 337. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

Notice is hereby given that the U.S. International Trade Commission has terminated the above-captioned investigation with a finding of violation of section 337, and has issued a general exclusion order (``GEO'') directed against infringing mounting apparatuses for holding portable electronic devices and components thereof. The Commission has terminated the investigation.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 26) of the administrative law judge (``ALJ'') granting a joint, unopposed motion to amend the amended complaint and notice of investigation (``NOI'').

Following receipt of a request dated May 6, 2019 from the United States Trade Representative (USTR) under the section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) has instituted Investigation No. 332-571, U.S. Trade and Investment with Sub-Saharan Africa: Recent Trends and New Developments, for the purpose of preparing the report requested by the USTR. The Commission has scheduled a public hearing in connection with this investigation for July 24, 2019.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 12, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of 3-A Sanitary Standards, Inc. of McLean, Virginia. A first amended complaint was filed on May 14, 2019, and a second amended complaint was filed on June 3, 2019. The complaint, as amended, alleges violations of section 337 based upon the importation or sale of certain food processing equipment and packaging materials thereof by reason of false advertising and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general, or in the alternative a limited exclusion order, and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined not to review an initial determination (``ID'') (Order No. 29) to amend the complaint and notice of investigation to correct the name of a corporate respondent.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-610 and 731-TA-1425-1427 (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 refillable stainless steel kegs from China, Germany, and Mexico, provided for in subheadings 7310.10.00 and 7310.29.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value.

The Commission hereby gives notice of the resumption of the final phase of antidumping investigation No. 731-TA-747 (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 fresh tomatoes from Mexico preliminarily determined by the Department of Commerce (``Commerce'') to be sold at less than fair value (``LTFV'').\1\

Notice is hereby given that the presiding administrative law judge has issued an Initial Determination on Violation of Section 337 and 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, 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.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined that there is a violation of 19 U.S.C. 1337, as amended (``Section 337''), in the above-captioned investigation. The Commission has further determined to issue a limited exclusion order and cease and desist orders and to set bond rates on the entered value of covered products imported during the period of Presidential review.

Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined not to review an initial determination (``ID'') (Order No. 53) issued by the presiding administrative law judge (``ALJ'') that terminates the enforcement proceeding. The investigation is terminated.

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 steel nails 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 Foodservice Equipment and Components Thereof, DN 3390; 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 29, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. of South Korea and LG Chem Michigan, Inc. of Holland, Michigan. Supplements were filed on May 13, and 15, 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 lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes therefor by reason of the misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.