International Trade Commission 2019 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined to grant a joint motion to terminate the above-captioned investigation based upon 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-607 and 731-TA-1417 and 1419 (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 steel propane cylinders from China and Thailand, provided for in subheading 7311.00.00 \1\ 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 institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-620 and 731-TA-1445 (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 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, 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 April 22, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 29, 2019.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Bone Cements, Components Thereof, and Products Containing the Same, DN 3371; 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 Vehicle Security and Remote Convenience Systems and Components Thereof, DN 3370; 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 expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 30, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vitaworks IP, LLC of North Brunswick, New Jersey; Vitaworks, LLC of North Brunswick, New Jersey; and Dr. Songzhou Hu of North Brunswick, New Jersey. Supplemental exhibits were filed February 19, 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 taurine (2-aminoethanesulfonic acid), methods of production and processes for making the same, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 9,573,890 (``the '890 patent''); U.S. Patent No. 9,745,258 (``the '258 patent''); and U.S. Patent No. 10,040,755 (``the '755 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 December 10, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Align Technology, Inc. of San Jose, California. 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 dental and orthodontic scanners and software by reason of infringement of certain claims of U.S. Patent No. 9,299,192 (``the '192 patent''); U.S. Patent No. 7,077,647 (``the '647 patent''); U.S. Patent No. 7,156,661 (``the '661 patent''); U.S. Patent No. 9,848,958 (``the '958 patent''); and U.S. Patent No. 8,102,538 (``the '538 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 order.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigation Nos. 731-TA-1435-1440 (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 acetone from Belgium, Korea, Saudi Arabia, Singapore, South Africa, and Spain, provided for in subheading 2914.11.10 and 2914.11.50 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 April 5, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 12, 2019.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-618-619 and 731-TA-1441- 1444 (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 carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand, provided for in subheading 7318.15.50 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 by reason of such imports alleged to be subsidized by the Governments of China and 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 April 8, 2019. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 15, 2019.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 42) of the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the investigation based upon settlement. The investigation is terminated.

The Commission has instituted investigation No. TA-204-013, Large Residential Washers: Report on Monitoring of Developments in the Domestic Industry, for the purpose of preparing the report to the President and the Congress required by section 204(a)(2) of the Trade Act of 1974 on its monitoring of developments in the domestic industry following the President's decision to impose a safeguard measure on imports of large residential washers and certain washer parts as described in Proclamation 9694 of January 23, 2018.

The Commission has changed the date for transmittal of its report to the President and Congress from no later than 105 days after the President entered into the agreement, to no later than 105 days plus an additional 35 days due to the lapse of appropriation between December 22, 2018 and January 25, 2019.

Due to the lapse of appropriation between December 22, 2018 and January 25, 2019, the Commission has changed certain dates announced in its notice of investigation and hearing for these investigations: (i) It has extended the deadline for filing requests to appear at the public hearing from February 8, 2019 to March 28, 2019; (ii) it has extended the deadline for filing prehearing briefs and statements from February 13, 2019 to April 1, 2019; (iii) it has rescheduled the public hearing from February 26, 2019 to April 11, 2019; (iv) it has extended the deadline for filing post-hearing briefs from March 8, 2019 to April 18, 2019; (v) it has extended the deadline for filing all other written submissions from March 15, 2019 to April 30, 2019; and (vi) it will transmit its report to the USTR by September 4, 2019 instead of by July 31, 2019.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 7, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Extang Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. of Ann Arbor, Michigan. Amendments to the complaint were filed on February 1, 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 pickup truck folding bed cover systems and components thereof by reason of infringement of: the claim of U.S. Patent No. D620,877 (``the '877 patent''); certain claims of U.S. Patent No. 7,188,888 (``the '888 patent''); U.S. Patent No. 7,484,788 (``the '788 patent''); U.S. Patent No. 8,061,758 (``the '758 patent''); U.S. Patent No. 8,182,021 (``the '021 patent''); and U.S. Patent No. 8,690,224 (``the '224 patent''); and U.S. Trademark Registration No. 5,104,393 (``the '393 trademark'') and U.S. Trademark Registration No. 3,904,016 (``the '016 trademark''). 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. A motion for temporary relief filed concurrently with the complaint and amended on February 1, 2019, requests that the Commission issue a temporary exclusion order and temporary cease and desist orders prohibiting the importation into and the sale within the United States after importation of certain pickup truck folding bed cover systems and components thereof during the course of the Commission's investigation.

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 duty and countervailing duty orders on pasta from Italy and Turkey 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 Integrated Circuits and Products Containing the Same, DN 3358; 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 to extend the target date by six weeks, from February 25, 2019, to April 8, 2019. As set forth below, the Commission also extends the deadlines for filing written submissions and reply submissions on the issues of remedy, the public interest, and bonding.