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

Correction is made to notice 85 FR 37689, which was published on June 23, 2020; the notice published in the Federal Register incorrectly states: ``The Office of Unfair Import Investigations will not participate as a party in this investigation.'' As indicated in paragraph 3(c), the Office of Unfair Import Investigations has been named a party to the investigation.

Notice is hereby given that the U.S. International Trade Commission has determined to affirm an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') granting the motion of BIC Corporation (``BIC'' or ``Complainant'') for summary determination of a violation of section 337 by respondents Milan Import Export Company, LLC (``Milan''); Wellpine Company Limited (``Wellpine''); and Zhuoye Lighter Manufacturing Co., Ltd. (``Zhuoye'') (collectively, ``the Defaulting Respondents''). The Commission has also determined to issue a general exclusion order (``GEO'') barring entry of certain pocket lighters including an oblong body which is elliptical in cross-section, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe Complainant's asserted trade dress. The Commission has further determined to issue a cease and desist order (``CDO'') directed to respondent Milan. The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Clearly Clean Products, LLC of South Windsor, Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania. 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 rolled-edge rigid plastic food trays by reason of infringement of certain claims of U.S. Patent No. 9,908,281 (``the '281 patent'') and U.S. Patent No. 10,562,680 (``the '680 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 issued a general exclusion order (``GEO'') prohibiting the unlicensed entry of certain food processing equipment and packaging materials thereof that are falsely advertised through the unlicensed use of one or more certification marks of U.S. Trademark Registration No. 1,976,117; U.S. Trademark Registration No. 5,189,919; or U.S. Trademark Registration No. 5,554,628 (collectively, ``the Certification Marks''). The investigation is terminated in its entirety.

The Commission has instituted Investigation No. TPA-105-008, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report, for the purpose of preparing the second of two reports required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. Section 105(f)(2) requires that the Commission submit to the House Committee on Ways and Means and the Senate Committee on Finance two reports, one by June 29, 2016, and a second by June 29, 2021, on the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.

Notice is hereby given that the U.S. International Trade Commission has determined to institute a proceeding to determine whether to temporarily rescind the Commission's seizure and forfeiture order (``SFO'') of January 14, 2020 (corrected January 23, 2020) issued against Wirtgen America, Inc. (``Wirtgen America''). The SFO is temporarily rescinded. The rescission proceeding is terminated.

Notice is hereby given that, on April 21, 2020, the presiding administrative law judge (``ALJ'') issued an initial determination (``ID'') in the above-captioned investigation, granting summary determination on violation of section 337 that included a recommended determination on remedy and bonding. On April 22, 2020, the ALJ issued a Notice of Errata thereto. The Commission has determined to review the ID in part. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding.

Notice is hereby given that the U.S. International Trade Commission has determined to review in part and, on review, to affirm with modification an initial determination (``ID'') (Order No. 40) of the presiding administrative law judge (``ALJ'') granting respondents' motions for summary determination of non-infringement. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Chemical Mechanical Planarization Slurries and Components Thereof, DN 3457; 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 presiding administrative law judge (``ALJ'') has issued an Initial Determination Granting Complainants' Motion for Summary Determination of Violation of Section 337 by certain defaulting respondents and 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.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-648 and 731-TA-1521-1522 (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 walk-behind lawn mowers from China and Vietnam, provided for in subheading 8433.11.00 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 July 10, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by July 17, 2020.

The Commission has changed the date of its public hearing for Investigation No. 332-575: Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries from May 12, 2020 to September 3, 2020; and the date has changed for transmittal of its report to the U.S. House of Representatives Committee on Ways and Means (Committee) in this investigation from December 19, 2020 to February 18, 2021 due to COVID- 19.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 24, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Kirsch Research and Development, LLC, of Simi Valley, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and/or the sale within the United certain synthetic roofing underlayment products and components thereof States after importation of certain synthetic roofing underlayment products and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,765,251 (``the '251 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.