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

Following receipt of a request dated July 29, 2020 from the U.S. Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-579: Lobsters: Effects of the Canada-EU Trade Agreement on the U.S. Industry.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 17, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. 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 mobile electronic devices and laptop computers by reason of infringement of certain claims of U.S. Patent No. 7,203,517 (``the '517 patent''); U.S. Patent No. 8,982,086 (``the '086 patent''); U.S. Patent No. 7,199,821 (``the '821 patent''); U.S. Patent No. 10,129,590 (``the '590 patent''); and U.S. Patent No. 10,176,848 (``the '848 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.

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined to issue a limited exclusion order and cease and desist orders against the following respondents found in default in this investigation: AJ Auto Spare Parts FZE of Dubai, United Arab Emirates; John Auto Spare Parts Co. LLC of Dubai, United Arab Emirates; and Cuong Anh Co. Ltd. of Ninh Binh Province, Vietnam (collectively, ``the Defaulting Respondents''). The Commission has also determined to impose a bond equal to one hundred (100) percent of the entered value of the infringing products imported during the period of Presidential review. The investigation is hereby terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 20, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Versa Products Inc. of Los Angeles, California. Supplements to the complaint were filed on July 22, July 31, and August 7, 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 height-adjustable desk platforms and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,485,336 (``the '336 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.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 15, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Sterno Group Companies, LLC of Corona, California and Sterno Home Inc. of Canada. Supplements were filed on July 27 and August 5, 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 electronic candle products and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,068,706 (``the '706 patent''), U.S. Patent No. 10,024,507 (``the '507 patent''), U.S. Patent No. 10,352,517 (``the '517 patent''), and U.S. Patent No. 10,578,264 (``the '264 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 that there is a violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has issued a general exclusion order (``GEO'') barring entry of certain fish-handling pliers and packaging thereof that infringe the two trademarks asserted in this investigation. The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 10, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Juul Labs, Inc. of San Francisco, California. Supplements to the complaint were filed on July 21, 2020, and July 31, 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 vaporizer cartridges and components thereof by reason of infringement of U.S. Design Patent No. D842,536 (``the 'D536 patent''); U.S. Design Patent No. D858,870 (``the 'D870 patent''); U.S. Design Patent No. D858,869 (``the 'D869 patent''); and U.S. Design Patent No. D858,868 (``the 'D868 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.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Non-Invasive Aesthetic Body-Contouring Devices, Components Thereof, and Methods of Using Same DN 3484; 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 a complaint was filed with the U.S. International Trade Commission on July 7, 2020, under the Tariff Act of 1930, as amended, on behalf of Tama Group of Israel and Tama USA Inc. of Dubuque, Iowa. Supplements to the complaint were filed on July 10 and 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 wrapping material and methods for use in agricultural applications by reason of infringement of U.S. Patent No. 6,787,209 (``the '209 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.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 6, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Overhead Door Corporation of Lewisville, Texas and GMI Holdings Inc. of Mount Hope, Ohio. A supplement to the complaint was filed on July 22, 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 movable barrier operator systems and components thereof by reason of infringement of U.S. Patent No. 8,970,345 (``the '345 Patent''); U.S. Patent No. 9,483,935 (''the '935 Patent''); U.S. Patent No. 7,173,516 (``the '516 Patent''); U.S. Patent No. 7,180,260 (``the '260 Patent''); U.S. Patent No. 7,956,718 (``the '718 Patent''); and U.S. Patent No. 8,410,895 (``the '895 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 a cease and desist order.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Variable Speed Wind Turbine Generators and Components Thereof, DN 3482; 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 (1) deny a petition to rescind, or in the alternative, modify a civil penalty order; and (2) terminate the proceeding on remand from the U.S. Court of Appeals for the Federal Circuit.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-657 and 731-TA-1537 (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 certain chassis and subassemblies thereof (``chassis'') from China, provided for in subheadings 8716.39.00 and 8716.90.50 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 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 September 14, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by September 21, 2020.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Red Dot Sights and Components Thereof, DN 3477; 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 has changed the form of the hearing to be held in Investigation No. 332-577: Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State, from an in-person hearing to a videoconference hearing due to COVID-19. With the exception of an additional date for filing electronic copies of oral statements for the hearing, dates previously announced in the notice of investigation remain the same.

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 of section 337. This notice is soliciting public interest comments from the public only.

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 certain preserved mushrooms from Chile, China, India, and Indonesia 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 diamond sawblades and parts thereof 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.

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 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.