International Trade Commission May 2020 – Federal Register Recent Federal Regulation Documents
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U.S.-Kenya Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports Institution of Investigation and Scheduling of Hearing
Following receipt on March 17, 2020, of a request from the United States Trade Representative (USTR), the Commission instituted Investigation Nos. TA-131-046 and TPA-105-007, U.S.-Kenya Trade Agreement: Advice on the Probable Economic Effect of Providing Duty- free Treatment for Currently Dutiable Imports.
Certain Liquid Crystal Display Devices, 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 April 21, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sharp Corporation of Japan and Sharp Electronics Corporation of New Jersey. Supplements to the complaint were filed on April 22, 2020, May 4, 2020, and May 12, 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 liquid crystal display devices, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,245,329 (``the '329 patent''); U.S. Patent No. 7,372,533 (``the '533 patent''); U.S. Patent No. 8,022,912 (``the '912 patent''); U.S. Patent No. 8,451,204 (``the '204 patent''); and U.S. Patent No. 8,847,863 (``the '863 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.
Generalized System of Preferences: Possible Modifications, 2020 Review
Following receipt of a request on May 4, 2020, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted Investigation No. 332-578, Generalized System of Preferences: Possible Modifications, 2020 Review, for the purpose of providing advice and information relating to the possible addition of articles and removal of articles.
Certain Filament Light-Emitting Diodes and Products Containing Same Notice of a Commission Determination Not To Review Two Initial Determinations Terminating the Investigation Based Upon Withdrawal of the Complaint; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review two initial determinations (``IDs'') (Order Nos. 23 and 24) of the presiding administrative law judge (``ALJ''), which terminated the investigation as to certain respondents based upon withdrawal of the complaint (Order No. 23), and terminated the investigation in its entirety based upon withdrawal of the complaint (Order No. 24). The investigation is terminated.
Certain Human Milk Oligosaccharides and Methods of Producing the Same; Notice of Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (``section 337''), as amended, in this investigation. The Commission has issued a limited exclusion order (``LEO'') prohibiting the importation by respondent Jennewein Biotechnologie GmbH (``Jennewein'') of Rheinbreitbach, Germany of certain human milk oligosaccharides that infringe complainant's asserted claims. The investigation is terminated.
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 Rolled-Edge Rigid Plastic Food Trays, DN 3455; 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 Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 16, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Universal Electronics Inc. of Scottsdale, Arizona. Supplements were filed on April 21, April 24, and May 1, 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 devices, including streaming players, televisions, set top boxes, remote controllers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,911,325 (``the '325 Patent''); U.S. Patent No. 7,589,642 (``the '642 Patent''); U.S. Patent No. 7,969,514 (``the '514 Patent''); U.S. Patent No. 10,600,317 (``the '317 Patent''); U.S. Patent No. 10,593,196 (``the '196 Patent''), and U.S. Patent No. 9,716,853 (``the '853 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.
Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution
Section 206 of the ATPA requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers, and on the effectiveness of the Act in promoting drug- related crop eradication and crop substitution efforts by beneficiary countries. The Commission prepares these reports under Investigation No. 332-352, Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution.
In the Matter of Certain Unmanned Aerial Vehicles and Components Thereof Notice of Request for Submissions on the Public Interest
Notice is hereby given that the presiding chief administrative law judge (``CALJ'') issued an Initial Determination on Violation of Section 337 and Recommended Determination (``RD'') on Remedy and Bond in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended limited exclusion order and cease and desist orders against SZ DJI Technology Co. Ltd. of Shenzhen, China; DJI Europe B.V. of Barendrecht, Netherlands; DJI Technology Inc. of Burbank, California; iFlight Technology Co., Ltd. of Hong Kong; DJI Baiwang Technology Co. Ltd. of Shenzhen, China; DJI Research LLC of Palo Alto, California; DJI Service LLC of Cerritos, California; and DJI Creative Studio LLC of Burbank, California (collectively, ``Respondents''), should a violation be found. This notice is soliciting comments from the public only.
Raspberries for Processing: Conditions of Competition Between U.S. and Foreign Suppliers, With a Focus on Washington State
Following receipt on April 9, 2020, of a request from the U.S. Trade Representative (USTR), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-577, Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State, for the purpose of providing a report that provides an overview of the U.S. raspberry industry in Washington state and assesses the conditions of competition between U.S. and foreign suppliers of raspberries meant for processing. The USTR requests that the Commission transmit its report no later than 14 months following receipt of this request.
Notice of Commission Determination To Extend Postponement of All In-Person Section 337 Hearings Until July 10, 2020
Notice is hereby given that the U.S. International Trade Commission has determined to extend postponement of all in-person hearings under section 337 of the Tariff Act of 1930 until July 10, 2020.
Lightweight Thermal Paper From China; 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 duty order and countervailing duty order on lightweight thermal paper from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Passenger Vehicle and Light Truck Tires From Korea, Taiwan, Thailand, and Vietnam; Institution of Antidumping 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-647 and 731-TA-1517-1520 (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 passenger vehicle and light truck tires from Korea, Taiwan, Thailand, and Vietnam, provided for in subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 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 Vietnam. 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 June 29, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by July 7, 2020.
Electrolytic Manganese Dioxide 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 electrolytic manganese dioxide from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Calcium Hypochlorite From China; 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 calcium hypochlorite from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Carbon Steel Wire Rod From China; 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 duty order and countervailing duty order on carbon steel wire rod from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Tobacco Heating Articles and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 9, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of RAI Strategic Holdings, Inc. of Winston-Salem, North Carolina, R.J. Reynolds Vapor Company of Winston-Salem, North Carolina, and R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina. A letter supplementing the complaint was filed on April 16, 2020. 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 tobacco heating articles and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,839,238 (``the '238 patent''); U.S. Patent No. 9,901,123 (``the '123 patent''); and U.S. Patent No. 9,930,915 (``the '915 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.
Certain Child Carriers and Components Thereof Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined to review in part, and on review, to affirm, the final initial determination (``FID'') of the administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended (``section 337''), in connection with the asserted patent. The investigation is terminated.
Frozen Fish Fillets From Vietnam; Scheduling of a Full Five-Year Review
The Commission hereby gives notice of the scheduling of a full review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on frozen fish fillets from Vietnam 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.
Monosodium Glutamate From China and Indonesia; Scheduling of Full Five-Year Reviews
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 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.
Certain Bone Cements, Components Thereof and Products Containing the Same; Notice of Request for Statements on the Public Interest
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 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.
Certain Dental and Orthodontic Scanners and Software; 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 and cease and desist orders against certain dental and orthodontic scanners and software. This notice is soliciting comments from the public only.
Agency Information Collection Activities: Submission for OMB Review; Renewal of Generic Clearance; Comment Request
Consistent with the Paperwork Reduction Act of 1995, the U.S. International Trade Commission (Commission) has submitted a proposal for the collection of information to the Office of Management and Budget (OMB) for approval. The proposed information collection is a three-year extension of the current generic clearance (approved by OMB under Control No. 3117-0016) under which the Commission can issue information collections for import injury investigations and reviews 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. These investigations and reviews include: Antidumping duty, countervailing duty, global safeguard, United States-Mexico-Canada Agreement safeguard, market disruption, interference with programs of the U.S. Department of Agriculture, and bilateral safeguard. Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are objectionable, describing the issue in detail, and including specific revisions or language changes. The Commission did not receive any comments in response to the 60- day notice that it published in the Federal Register on January 29, 2020.
Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, Components Thereof, and Products Containing Same; Institution of Investigation
Notice is hereby given that a second amended complaint was filed with the U.S. International Trade Commission on April 6, 2020, under section 337 of the Tariff Act of 1930 on behalf of Luraco Health & Beauty, LLC of Arlington, Texas. A supplement was filed on April 21, 2020. The second amended 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 spa pumps, jet pump housings, pedicure spas, components thereof, and products containing same by reason of infringement of certain claims in U.S. Patent No. 9,926,933 (``the '933 patent''); U.S. Patent No. D622,736 (``the '736 patent''); U.S. Patent No. D751,723 (``the '723 patent''); and U.S. Patent No. 10,451,071 (``the '071 patent''). The second amended 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.
Certain Infotainment Systems, Components Thereof, and Automobiles Containing the Same; 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, with modified reasoning, the final initial determination's (``FID'') finding that no violation of section 337 has occurred. The investigation is terminated.
Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof II; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 27, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Gamevice, Inc. of Simi Valley, California. Letters supplementing the complaint were filed on April 7, 14 and 15, 2020. 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 portable gaming console systems with attachable handheld controllers and components thereof by reason of infringement of U.S. Patent No. 10,391,393 (``the '393 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.
Citric Acid and Certain Citrate Salts From Canada and China; 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 countervailing and antidumping duty orders on citric acid and certain citrate salts from China and the antidumping duty order on citric acid and certain citrate salts from Canada 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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