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

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-643 and 731-TA-1493 (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 small vertical shaft engines from China, provided for in subheadings 8407.90.10, 8409.91.99, 8433.11.00, 8424.30.90, and 8407.90.90, 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 May 4, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 11, 2020.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 21, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Corning Optical Communications LLC of Charlotte, North Carolina. Supplements to the complaint were filed on March 2, 2020, March 11, 2020, and March 13, 2020. 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 high-density fiber optic equipment and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,020,320 (``the '320 patent''); U.S. Patent No. 8,712,206 (``the '206 patent''); U.S. Patent No. 10,120,153 (``the '153 patent''); U.S. Patent No. 10,094,996 (``the '996 patent''); and U.S. Patent No. 10,444,456 (``the '456 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

As required by the American Manufacturing Competitiveness Act of 2016, the Commission is publishing notice that comments received from the public on previously submitted petitions for duty suspensions and reductions are now available for public viewing on the Commission's website.

The United States International Trade Commission (Commission) provides notice that, to address concerns related to COVID-19, it is temporarily waiving certain of the Commission's rules that require the filing of paper copies, CD-ROMs, and other physical media, and amending certain of the Commission's rules that allow only for paper filing of certain documents in import injury investigations.

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigations Nos. 731-TA-1455 and 731-TA- 1457 (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 polyethylene terephthalate (PET) sheet from Korea and Oman, provided for in subheading 3920.62.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be sold at less-than-fair-value.

Notice is hereby given that the U.S. International Trade Commission has determined to postpone all in-person hearings under section 337 of the Tariff Act of 1930 scheduled to take place within the next 60 days.

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, 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 expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether termination of the suspension investigation on sugar from Mexico would be likely to lead to continuation or recurrence of material injury.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-639-642 and 731-TA-1475- 1492 (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 common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey, provided for in subheading 7606.11.30, 7606.11.60, 7606.12.30, 7606.12.60, 7606.91.30, 7606.91.60, 7606.92.30, and 7606.92.60 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 Governments of Bahrain, Brazil, India, and Turkey. 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 23, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 30, 2020.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 10, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of NYZ AB of Sweden; Swedish Match North America, LLC of Richmond, Virginia; Pinkerton Tobacco Co., LP of Owensboro, Kentucky; and wm17 holding GmbH of Switzerland. A supplement to the complaint was filed on February 21, 2020. 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 nicotine pouches and components thereof and methods of making the same by reason of infringement of certain claims of U.S. Patent No. 9,161,908 (``the '908 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 portion of its final determination relating to United States Patent No. 6,180,373 (``the `373 patent'') and its limited exclusion order based thereon.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 9) granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is terminated in its entirety.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electronic Candle Products and Components Thereof, DN 3437; 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 not to review an initial determination (``ID'') (Order No. 38) of the presiding administrative law judge (``ALJ'') granting complainants' unopposed motion to amend the complaint and notice of investigation (``NOI'') in the above-captioned investigation to substitute Hanwha Solutions Corporation (``HSC'') for Hanwha Q CELLS & Advanced Materials Corporation (``HQC-AMC'') as a complainant.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 20) of the presiding administrative law judge (``ALJ'') granting the parties' joint motion to terminate the investigation in its entirety based on a settlement agreement.

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 prestressed concrete steel wire strand (``PC strand'') from Brazil, India, Korea, Mexico, and Thailand, and the antidumping finding on PC strand from Japan, as well as revocation of the countervailing duty order on PC strand from India, 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 reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the countervailing and the antidumping duty orders on commodity matchbooks from India 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.