International Trade Commission January 2021 – Federal Register Recent Federal Regulation Documents

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-647 and 731-TA-1517-1520 (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 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, preliminarily determined by the Department of Commerce (``Commerce'') to be sold at less-than-fair-value and subsidized by the government of Vietnam.

Following receipt on January 4, 2021, of a request from the U.S. Senate Committee on Finance (Committee), the U.S. International Trade Commission (Commission) instituted Investigation No. 332-585, Foreign Censorship: Trade and Economic Effects on U.S. Businesses.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-648 and 731-TA-1521-1522 (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 walk-behind lawn mowers from China and Vietnam, provided for in subheading 8433.11.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be sold in the United States at less than fair value and imports of walk-behind lawn mowers from China preliminarily determined by Commerce to be subsidized by the Government of China sold at less-than-fair-value.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of SkyBell Technologies, Inc. of Irvine, California; SB IP Holdings, LLC of Irvine, California; and Eyetalk365, LLC of Cornelius, North Carolina. A supplement was filed on January 6, 2021. 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 IP camera systems including video doorbells and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,432,638 (``the '638 patent''); U.S. Patent No. 9,485,478 (``the '478 patent''); U.S. Patent No. 10,097,796 (``the '796 patent''); U.S. Patent No. 10,097,797 (``the '797 patent''); U.S. Patent No. 10,200,660 (``the '660 patent''); U.S. Patent No. 10,523,906 (``the '906 patent''); and U.S. Patent No. 10,674,120 (``the '120 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 terminate the investigation on remand from the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit'') due to mootness.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Portable Battery Jump Starters and Components Thereof, DN 3526; 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 December 17, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke Philips N.V. of the Netherlands and Philips RS North America LLC (f/k/a Respironics, Inc.) of Pittsburgh, Pennsylvania. A supplement to the complaint was filed January 6, 2021. 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 UMTS and LTE cellular communication modules and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,831,271 (``the '271 patent''); U.S. Patent No. 8,199,711 (``the '711 patent''); U.S. Patent No. 7,554,943 (``the '943 patent''); and U.S. Patent No. 7,944,935 (``the '935 patent''). The complaint further alleges that an industry in the United States exists and/or is in the process of being established 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 December 16, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ventria Bioscience Inc. of Junction City, Kansas. Supplements to the complaint were filed on December 16, and 22, 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 plant- derived recombinant human serum albumins (``rHSA'') and products containing same by reason of infringement of certain claims of U.S. Patent No. 10,618,951 (``the '951 patent''); and U.S. Patent No. 8,609,416 (``the '416 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based on the importation into the United States, or in the sale of, certain plant-derived recombinant human serum albumins (``rHSA'') and products containing same by reason of false designation of origin, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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 the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 33), granting the parties' joint motion to amend the notice of institution of the investigation by clarifying that claims 2 and 4-5 of U.S. Patent No. 10,593,196 (``the '196 patent'') are among the domestic industry claims but are not being asserted against any respondent for purposes of infringement. The notice of investigation is amended accordingly.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to affirm in part, reverse in part, and vacate in part the final initial determination's (``ID'') finding that no violation of section 337 has occurred. The investigation is terminated.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-657 and 731-TA-1537 (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 chassis from China, provided for in subheadings 8716.39.00 and 8716.90.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized. The determination with respect to imports of chassis alleged to be sold at less-than-fair- value is pending.

Following receipt on December 7, 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. 332-584, Squash: Effect of Imports on U.S. Seasonal Markets, with a Focus on the U.S. Southeast. The USTR asked that the investigation cover all imports that fall within the product description of U.S. Harmonized Tariff Schedule subheading 0709.93.20 (squash, fresh or chilled).

Notice is hereby given that the International Trade Commission has received a complaint entitled Certain Wireless Communications Equipment and Components Thereof, DN 3522; 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 hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the countervailing and antidumping duty orders on passenger vehicle and light truck tires from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

On January 4, 2021, the Department of Commerce published notice in the Federal Register of a negative final determination of sales at less than fair value in connection with the subject investigation concerning Brazil (86 FR 70). Accordingly, the antidumping duty investigation concerning wood mouldings and millwork products from Brazil (Investigation No. 731-TA-1469 (Final)) is terminated.

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part an initial determination (``ID'') (Order No. 20) issued by the presiding administrative law judge (``ALJ'') granting a motion for summary determination of violation of section 337. The Commission requests written submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Active Matrix OLED Display Devices and Components Thereof, DN 3518; 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 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 duty order on certain magnesia carbon bricks from China and the antidumping duty orders on certain magnesia carbon bricks from China and Mexico 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.