International Trade Commission October 2019 – Federal Register Recent Federal Regulation Documents
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Forged Steel Fittings From India and Korea; 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-631 and 731-TA-1463-1464 (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 forged steel fittings from India and Korea, provided for in subheading 7307.92.30, 7307.92.90, 7307.93.30, 7307.93.60, 7307.93.90, 7307.99.10, 7307.99.30, and 7307.99.50 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 India. 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 December 9, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by December 16, 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 Smart Thermostats, Smart HVAC Systems, and Components Thereof, DN 3418; 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 Memory Modules and Components Thereof; 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 memory modules and components thereof, manufactured and imported by respondents SK hynix, Inc.; SK hynix America, Inc.; and SK hynix memory solutions, Inc. This notice is soliciting comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).
Textile and Apparel Imports From China: Statistical Reports
Following receipt of a request on October 3, 2019, from the Committee on Ways and Means of the U.S. House of Representatives (Committee) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) has changed the format and publication frequency of the statistical reports it provides under Investigation No. 332-501, Textile and Apparel Imports from China: Statistical Reports. The Commission will discontinue the current biweekly reports and annual compilations and will instead provide quarterly reports.
Wooden Cabinets and Vanities 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-620 and 731-TA-1445 (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 wooden cabinets and vanities from China, provided for in subheadings 9403.40.90, 9403.60.80, and 9403.90.70 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 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 Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials, DN 3416; 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.
Fresh Tomatoes From Mexico; Continuation of the Final Phase of an Antidumping Duty Investigation and Revised Schedule
The Commission hereby gives notice of the continuation 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''). This notice also provides the revised schedule for the final phase.
Certain Microfluidic Systems and Components Thereof and Products Containing Same; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337 and To Extend the Target Date; Schedule for Filing Written Submissions
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the Administrative Law Judge's (``ALJ'') final initial determination (``ID''), issued on July 12, 2019, finding a violation of section 337 in the above-referenced investigation and to extend the target date for completion of the above-referenced investigation to December 19, 2019. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice.
Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement and a Withdrawal of the 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. 33) issued by the presiding administrative law judge (``ALJ'') granting a motion to terminate the investigation based on a settlement agreement and a withdrawal of the complaint.
Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Determination To Institute a Modification Proceeding; Modification of the Limited Exclusion Order; and Termination of the Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding. The Commission has further determined to grant a joint petition to modify in part a limited exclusion order (``LEO'') as to respondents MediaTek Inc. of Hsinchu City, Taiwan and Media Tek USA Inc. of San Jose, California (collectively, ``MediaTek'') based on a settlement agreement. The Commission has issued a modified LEO. The modification proceeding is terminated.
Certain Carburetors and Products Containing Such Carburetors; Commission Decision To Review in Part an Initial Determination Finding Complainant Failed To Satisfy the Economic Prong of the Domestic Industry Requirement; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the administrative law judge's (``ALJ'') initial determination (``ID''), which grants respondents' motion for summary determination that the complainant failed to satisfy the economic prong of the domestic industry requirement as to U.S. Patent Nos. 6,394,424 (``the '424 patent''); 6,439,547 (``the '547 patent''); 6,533,254 (``the '254 patent''); and 7,070,173 (``the '173 patent). On review, the Commission affirms with modification the ID's finding that respondents are entitled to summary determination that the complainant failed to satisfy the domestic industry requirement. The investigation is terminated.
Certain Powered Cover Plates; Commission Determination To Review in Part and To Remand a Final Initial Determination
Notice is hereby given that the U.S. International Trade Commission has determined to review in part and remand in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on August 12, 2019, finding a violation of section 337 in the above-referenced investigation.
Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof; Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation To Substitute Respondents Dell Inc. and Dell Products LP for Respondent Dell Technologies Inc.
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 12) that grants an unopposed motion to amend the complaint and notice of investigation to substitute new respondents Dell Inc. and Dell Products LP for original respondent Dell Technologies Inc. in the above-identified investigation.
Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 9, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Innovation Sciences LLC of Plano, Texas. A supplement to the complaint was filed on August 26, 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 wireless communication devices, and related components thereof by reason of infringement of certain claims of U.S. Patent No. 10,136,179 (``the '179 patent'') and U.S. Patent No. 10,104,425 (``the '425 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 a 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 Foldable Reusable Drinking Straws and Components Thereof, DN 3415; 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.
Malleable Iron Pipe Fittings 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 malleable iron pipe fittings from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Welded Stainless Steel Pressure Pipe From China, Malaysia, Thailand, and Vietnam; 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 welded stainless steel pressure pipe from China, and the antidumping duty orders on welded stainless steel pressure pipe from Malaysia, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Light-Emitting Diode Products, Systems, and Components Thereof; Commission Determination Not To Review an Initial Determination Amending 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. 9) of the presiding Administrative Law Judge (``ALJ'') granting complainants' motions to amend the complaint and notice of investigation.
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 Argon Plasma Coagulation System Probes, Their Components, and Other Argon Plasma Coagulation System Components for use Therewith, DN 3414; 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.
Request for Petitions for Duty Suspensions and Reductions
As required by section 3(b)(1) of the American Manufacturing Competitiveness Act of 2016, the Commission is publishing notice requesting members of the public who can demonstrate that they are likely beneficiaries of duty suspensions or reductions to submit petitions for duty suspensions and reductions. Consistent with the Act, the Commission will accept petitions submitted during the 60-day period beginning on October 11, 2019, and ending at 5:15 p.m. EST on December 10, 2019. All petitions must be submitted via the Commission's designated secure web portal. At a later date the Commission will publish notice of the opportunity for the public to submit comments on the petitions filed.
Fresh Tomatoes From Mexico; Suspension of Anti-Dumping Investigation
The Commission hereby gives notice that the final phase of its antidumping investigation of fresh tomatoes from Mexico is suspended. The subject investigation was resumed on May 7, 2019, 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'') (84 FR 27805, June 14, 2019). On September 24, 2019, Commerce published notice in the Federal Register of the suspension of its antidumping investigation on fresh tomatoes from Mexico (84 FR 49987). The basis for the suspension is an agreement between Commerce and representatives of Mexican producers/exporters accounting for substantially all fresh tomatoes imported from Mexico into the United States.
Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm the conclusion of the presiding administrative law judge's (``ALJ'') initial determination (``ID'') that no violation of section 337 has occurred. The investigation is terminated.
Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, 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 September 3, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of SK Innovation Co., Ltd. of the Republic of Korea and SK Battery America, Inc. of Atlanta, Georgia. 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 pouch-type battery cells, battery modules, and battery packs, components thereof, and products containing the same by reason of infringement of certain U.S. Patent No. 10,121,994 (``the '994 patent''). The complaint further alleges that an industry in the United States 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.
Certain Subsea Telecommunication Systems and Components Thereof; Commission Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to find no violation of section 337 of the Tariff Act of 1930, as amended, in the above-referenced investigation. The investigation is terminated in its entirety.
Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety 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. 45) of the presiding administrative law judge (``ALJ'') terminating the investigation as to the remaining respondents, EndyMed Medical Inc. of New York City, New York and EndyMed Medical Ltd. of Caesarea, Israel (``Endy''), based on a settlement agreement. The investigation is terminated.
Recommended Modifications in the Harmonized Tariff Schedule
The U.S. International Trade Commission (Commission) has instituted Investigation No. 1205-13, Recommended Modifications in the Harmonized Tariff Schedule, 2020, pursuant to section 1205 of the Omnibus Trade and Competitiveness Act of 1988 (the 1988 Act) (19 U.S.C. 3005), in order to recommend to the President such modifications in the Harmonized Tariff Schedule of the United States (HTS) as the Commission considers necessary or appropriate concerning; the World Customs Organization's (WCO) Recommendation of June 28, 2019 that Contracting Parties to the International Convention on the Harmonized Commodity Description and Coding System (Convention) modify their tariff schedules to conform with amendments to the Harmonized System expected to enter into force on January 1, 2022; and the HTS nomenclature for blanched peanuts to conform the HTS with a recent WCO classification opinion.
Dried Tart Cherries From Turkey; 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-622 and 731-TA-1448 (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 dried tart cherries from Turkey, provided for in subheadings 0813.40.30, 0813.40.90, 0813.50.00, 2006.00.20, 2006.00.50, and 2008.60.00 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.
Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators; Commission Determination To Review in Part a Final Initial Determination Finding No Section 337 Violation
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 no violation of section 337 of the Tariff Act of 1930, as amended.
Certain Collapsible and Portable Furniture; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 16, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of GCI Outdoor, Inc. of Higganum, Connecticut. An amended complaint was filed on August 29, 2019. 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 collapsible and portable furniture by reason of infringement of certain claims of U.S. Patent No. 9,282,824 (``the '824 patent'') and U.S. Patent No. 9,060,611 (``the '611 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended 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 Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same, DN 3413; 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 Semiconductor Devices, Products Containing the Same, and Components Thereof (II); Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Globalfoundries U.S. Inc. of Santa Clara, California. Supplements were filed on September 12, 2019 and September 16, 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 semiconductor devices, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,823,178 (``the '178 patent''); U.S. Patent No. 9,105,643 (``the '643 patent''); U.S. Patent No. 7,378,357 (``the '357 patent''); and U.S. Patent No. 9,082,877 (``the '877 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.
Glass Containers 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 investigations Nos.701-TA-630 and 731-TA-1462 (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 glass containers from China, provided for in subheading 7010.90.50 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 preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by November 12, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 19, 2019.
Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (I); Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Globalfoundries U.S. Inc. of Santa Clara, California. A supplement to the complaint was filed on September 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, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,912,603 (``the '603 patent''); U.S. Patent No. 7,750,418 (``the '418 patent''); and U.S. Patent No. 8,936,986 (``the '986 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 Concrete Reinforcing Bar From Mexico 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 duty order on steel concrete reinforcing bar (``rebar'') from Mexico and the countervailing duty order on rebar from 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.
Monosodium Glutamate From China and Indonesia; 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 duty orders on monosodium glutamate (``MSG'') from China and Indonesia 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 Frozen Fish Fillets From Vietnam; 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 frozen fish fillets from Vietnam 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.
Chlorinated Isocyanurates From China; Institution of 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 countervailing duty order on chlorinated isocyanurates 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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