International Trade Commission 2019 – Federal Register Recent Federal Regulation Documents

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 violation. 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 issued a general exclusion order (``GEO'') denying entry of certain water filters and components thereof as well as two cease and desist orders (``CDOs''). The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 7, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Erbe Elektromedizin GmbH of the Republic of Germany and Erbe USA, Inc. of Marietta, 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 argon plasma coagulation system probes, their components, and other argon plasma coagulation system components for use therewith by reason of infringement of certain claims of U.S. Patent No. 7,311,707 (``the '707 patent''); U.S. Patent No. 7,717,911 (``the '911 patent''); U.S. Patent No. 9,510,889 (``the '889 patent''); U.S. Patent No. 9,603,653 (``the '653 patent''); and U.S. Patent No. D577,671 (``the '671 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 the U.S. International Trade Commission has determined to vacate the presiding administrative law judge's (``ALJ'') domestic industry finding with respect to U.S. Patent No. 9,398,364 (``the '364 patent''), remand the investigation in part to the ALJ for further proceedings with respect to that patent consistent with its concurrently issued opinion and remand order, and extend the target date for completion of the investigation. The Commission has also determined to issue: (1) A general exclusion order prohibiting the unlicensed importation of certain earpiece devices and components thereof that infringe one or more of claims 1 and 7 of U.S. Patent No. 9,036,852 (``the '852 patent''); claims 1 and 8 of U.S. Patent No. 9,036,853 (``the '853 patent''); claims 1 and 6 of U.S. Patent No. 9,042,590 (``the '590 patent''); and claims 1, 7, and 8 of U.S. Patent No. 8,249,287 (``the '287 patent''); (2) a limited exclusion order prohibiting respondent V4ink Inc. (``V4ink'') from importing certain earpiece devices and components thereof that infringe claim 1 of U.S. Patent No. 8,311,253 (``the '253 patent''); and (3) cease and desist orders against certain respondents that were found in default or had not participated in the above-captioned investigation. The investigation is terminated with respect to these five patents.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. of the Republic of Korea; LG Chem Michigan Inc. of Holland, Michigan; and Toray Industries, Inc. of Japan. A supplement was filed on September 27, 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 battery cells, battery modules, battery packs, components thereof (including battery separators and powderous electrode active material), and vehicles containing same by reason of infringement of certain claims of U.S. Patent No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241 (``the '241 patent''); U.S. Patent No. 7,709,152 (``the '152 patent''); and U.S. Patent No. 7,771,877 (``the '877 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.

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 orders on non-oriented electrical steel (``NOES'') from China and Taiwan and revocation of the antidumping duty orders on NOES from China, Germany, Japan, Korea, Sweden, and Taiwan 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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.