International Trade Commission January 2020 – Federal Register Recent Federal Regulation Documents

Following receipt of a request dated December 19, 2019 from the U.S. House of Representatives, Committee on Ways and Means (Committee) under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted investigation No. 332-575: Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries.

The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1472 (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 difluoromethane (R-32) from China, provided for in subheading 2903.39.20 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 March 9, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by March 16, 2020.

This notice announces the intention of the U.S. International Trade Commission (Commission) to request a three-year extension, under the Paperwork Reduction Act of 1995 (the Act), of the current generic survey clearance that the Office of Management and Budget (OMB) previously approved. The Commission uses this clearance to issue information collections for investigations that it is required to conduct under the Tariff Act of 1930, the Trade Act of 1974, and other trade-remedy statutes that require or authorize the Commission to make findings or determinations. The current generic survey clearance is assigned OMB Control No. 3117-0016; it will expire on June 30, 2020. The Commission requests comments concerning the proposed information collections under section 3506(c)(2)(A) of the Act; this notice describes such comments in greater detail in the SUPPLEMENTARY INFORMATION section.

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 a violation of section 337 of the Tariff Act of 1930, as amended. The Commission also extends the target date for completion of this investigation by five business days to March 20, 2020.

Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order (``GEO'') prohibiting the unlicensed importation of platforms that sit on an existing desk or work surface and can be adjusted to different heights that infringe one or more of claims 1-2, 4, and 10-11 of U.S. Patent No. 9,113,703 (``the '703 patent''); claims 11, 16, 18, and 22-26 of U.S. Patent No. 9,277,809 (``the '809 patent''); claims 1, 4-5, 11-12, 26, and 33-36 of U.S. Patent No. 9,554,644 (``the '644 patent''); and claims 20-21 and 40-50 of U.S. Patent No. 9,924,793 (``the '793 patent''); and cease and desist orders (``CDO'') against certain respondents that had not participated in the above-captioned investigation. The investigation is terminated in its entirety.

Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the above-captioned investigation and is requesting written submissions from the parties on the issues discussed herein.

The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty and countervailing 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 within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.

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. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-626 and 731-TA-1452 (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 collated steel staples from China, provided for in subheading 8305.20.00 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 that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty orders on monosodium glutamate from China and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 21, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of TheraJect, Inc. of Fremont, California. Supplements were filed on November 27 and December 2, 2019. A first amended complaint was filed on December 10, 2019, and a second amended complaint was filed on December 19, 2019. The second 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 dissolving microneedle patches for cosmetic and pharmaceutical use by reason of infringement of certain claims of U.S. Patent No. 6,945,952 (``the '952 patent''). The second amended 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 second amended complaint requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. Addresses: The second amended complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205- 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

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 threaded rod from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 ferrovanadium from China and South Africa 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 a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on barium carbonate 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.