International Trade Commission May 2021 – Federal Register Recent Federal Regulation Documents
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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 Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers with Capacitive Touch Sensing Functionality, and Components Thereof, DN 3549; 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 High-Density Fiber Optic Equipment and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ''), finding a violation of section 337 of the Tariff Act of 1930. The Commission requests written submissions from the parties on the issues under review and 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 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 Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof, DN 3548; 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 Wearable Electronic Devices With ECG Functionality and Components Thereof; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 20, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of AliveCor, Inc. of Mountain View, California. 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 wearable electronic devices with ECG functionality and components thereof by reason of infringement of one or more claims of U.S. Patent No. 10,595,731 (``the '731 patent''); U.S. Patent No. 10,638,941 (``the '941 patent''); and U.S. Patent No. 9,572,499 (``the '499 patent''). The complaint further alleges that an industry in the United States exists 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 a cease and desist order.
Certain Tobacco Heating Articles and Components Thereof; Notice of Request for Submissions on the Public Interest
Notice is hereby given that on May 14, 2021, the presiding administrative law judge (``ALJ'') issued an Initial Determination on Violation of Section 337. The ALJ also 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 relief should the Commission find a violation. This notice is soliciting comments from the public only.
Aluminum Foil From Armenia, Brazil, Oman, Russia, and Turkey Scheduling of the Final Phase of Countervailing and Antidumping Duty Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey, provided for in subheadings 7607.11.30, 7607.11.60, 7607.11.90, and 7607.19.60 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 imports of aluminum foil preliminarily determined to be subsidized by the governments of Oman and Turkey.
Certain Electronic Candle Products and Components Thereof Commission Determination To Review in Part an Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to review in part an initial determination (``ID'') (Order No. 41) of the presiding administrative law judge (``ALJ''). The Commission requests briefing from the parties on certain issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding.
Certain Electronic Devices, Including Computers, Tablet Computers, and Components and Modules Thereof; Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Terminate the Investigation in Its Entirety Based Upon Settlement; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 33) of the presiding administrative law judge (``ALJ''), granting an unopposed motion to terminate the investigation in its entirety based upon settlement.
Certain Portable Battery Jump Starters and Components Thereof; Commission Determination Not To Review Two Initial Determinations Granting Complainant's Motion To Amend the Complaint and Notice of Investigation and Joint Motions Terminating the Investigation as to Several Respondents Based on Settlement
Notice is hereby given that the U.S. International Trade Commission has determined not to review: (1) An initial determination (``ID'') (Order No. 13) of the presiding administrative law judge (``ALJ'') granting complainant's unopposed motion to amend the complaint and notice of investigation (``NOI'') to substitute certain corporate entities named as respondents; to add two respondents; and to withdraw certain infringement allegations; and (2) an ID (Order No. 14) granting an unopposed joint motion to terminate the investigation as to respondent Lowe's Companies, Inc. and proposed new respondent Lowe's Home Centers, LLC (collectively, ``Lowe's''), both of Mooresville, North Carolina based on settlement; and an unopposed joint motion to terminate the investigation as to respondent O'Reilly Automotive, Inc. and proposed new respondents Ozark Purchasing, LLC; O'Reilly Automotive Stores, Inc.; and O'Reilly Auto Enterprises, LLC (collectively, ``O'Reilly''), all of Springfield, Missouri based on settlement. Respondents Lowe's and O'Reilly are terminated from the investigation.
Certain Uncoated Paper From Australia, Brazil, China, Indonesia, and Portugal; Notice of Commission Determination To Conduct Full Five-Year Reviews
The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty orders on certain uncoated paper from China and Indonesia and the antidumping duty orders on certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
Certain Mobile Devices With Multifunction Emulators; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding no Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the Administrative Law Judge's (``ALJ'') final initial determination (``ID'') issued on March 16, 2021, finding no violation of section 337 in the above-referenced investigation. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice, and 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.
Potassium Permanganate From China; Notice of Commission Determination To Conduct a Full Five-Year Review
The Commission hereby gives notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on potassium permanganate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.
Certain Road Construction Machines and Components Thereof; Commission Decision To Institute a Rescission Proceeding; Permanent Rescission of a Limited Exclusion Order and Cease and Desist Order; Termination of the Rescission Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a proceeding to determine whether to permanently rescind the Commission's limited exclusion order (``LEO'') and cease and desist order (``CDO'') issued in the above- captioned investigation. The LEO and the CDO are permanently rescinded. The rescission proceeding is terminated.
Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 13, 2021, on behalf of Dish DBS Corporation of Englewood, Colorado; Dish Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado. Supplements to the complaint were filed on April 29, 2021, and May 3, 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 fitness devices, streaming components thereof, and systems containing same by reason of infringement of certain claims of U.S. Patent No. 9,407,564 (``the '564 patent''); U.S. Patent No. 10,469,554 (``the '554 patent''); U.S. Patent No. 10,469,555 (``the '555 patent''); U.S. Patent No. 10,757,156 (``the '156 patent''); and U.S. Patent No. 10,951,680 (``the '680 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 Luxury Vinyl Tile and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Return of Bonds Due to Settlement; Return of Bond
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 37) granting complainants' motion for return of bonds posted by Timeless Designs Import LLC (``Timeless Designs'') on behalf of respondent Jiangsu Divine Building Technology Development Co. Ltd. (``Divine'') during the period of Presidential review. The bonds at issue are hereby returned to Timeless Designs.
Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 4) of the presiding administrative law judge (``ALJ'') granting an unopposed motion to amend the complaint and notice of investigation to substitute Johnson Controls Inc. for respondent Johnson Controls International, PLC.
Steel Nails From Korea, Malaysia, Oman, Taiwan, and Vietnam; 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 countervailing and antidumping duty orders on steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Celanese International Corporation of Irving, Texas; Celanese (Malta) Company 2 Limited of Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, Texas. A supplement to the complaint was filed on April 22, 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 high-potency sweeteners, processes for making same, and products containing same by reason of infringement of certain claims of U.S. Patent No. 10,023,546 (``the '546 patent''); U.S. Patent No. 10,208,004 (``the '004 patent''); U.S. Patent No. 10,590,098 (``the '098 patent''); U.S. Patent No. 10,233,163 (``the '163 patent); and U.S. Patent No. 10,590,095 (``the '095 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 Televisions, Remote Controls, and Components Thereof; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Roku, Inc. of San Jose, California. A supplement to the complaint was filed on April 9, 2021, and an amended complaint was filed on April 27, 2021. The complaint, as supplemented and amended, 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 televisions, remote controls, and components thereof by reason of infringement of one or more claims of U.S. Patent No. 8,378,875 (``the '875 patent'') and U.S. Patent No. 7,388,511 (``the '511 patent''). The amended complaint further alleges that an industry in the United States exists 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.
Cut-to-Length Carbon Steel Plate From China, Russia, and Ukraine; 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 on cut-to- length carbon steel plate from China and the termination of the suspended investigations on cut-to-length carbon steel plate from Russia and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 Electrolyte Containing Beverages and Labeling and Packaging Thereof, DN 3547; 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.
Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses and Investigation No. 332-586: Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses
Following receipt of a letter from the U.S. Senate Committee on Finance (Committee) on April 8, 2021, under section 332(g) of the Tariff Act of 1930, the Commission has changed the title, scope, and schedule, including the hearing date, for Investigation No. 332-585, with the investigation to be retitled Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses. The Commission has also instituted a second Investigation in response to the letter, Investigation No. 332-586, Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses. The public hearing has been rescheduled to July 1, 2021 and will be in conjunction with both investigations. The hearing will be conducted via an online videoconferencing platform. Dates relating to written submissions have been adjusted accordingly.
Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting an Unopposed Motion for Return of Bond; Return of Bond
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding Administrative Law Judge (``ALJ'') granting an unopposed motion of respondent Evolus, Inc. (``Evolus'') for the return of the bond it paid under the cease and desist order (``CDO'') during the period of Presidential review. The bond is returned to Evolus.
Certain Collapsible and Portable Furniture; Notice of a Commission Determination To Review in Part a Final Initial Determination and To Affirm With Modifications the Finding of No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to review in part the Administrative Law Judge's (``ALJ'') final initial determination (``FID''), issued on February 18, 2021, and to affirm with modifications the FID's finding of no violation of section 337 in the above-referenced investigation. The investigation is terminated.
Certain Welded Line Pipe From Korea and Turkey; 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 countervailing and antidumping duty orders on certain welded line pipe from Korea and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Notice of Request for Submissions on the Public Interest; Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof
Notice is hereby given that on April 20, 2021, the presiding administrative law judge (``ALJ'') issued an Initial Determination on Violation of Section 337. On May 3, 2021, the ALJ 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 relief should the Commission find a violation. This notice is soliciting comments from the public only.
Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Commission Decision To Institute a Rescission Proceeding and Rescind the Remedial Orders, To Grant the Motion To Limit Service of the Settlement Agreement, To Deny as Moot the Motion To Terminate, and To Indicate Ruling on Motion To Vacate; Termination of the Rescission Proceeding
Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding and rescind the remedial orders issued in the underlying investigation, to grant the motion to limit service of the settlement agreement, and to deny as moot the motion to terminate the investigation. The Commission has further determined that if the Federal Circuit dismisses the pending appeals as moot, the Commission will vacate its final determination. The rescission proceeding is terminated.
Commission Determination To Review an Initial Determination Granting Summary Determination and on Review To Vacate as Moot; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Withdrawal of the Complaint; Termination of the Investigation; Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to review an initial determination (``ID'') (Order No. 31) granting summary determination of infringement and of domestic industry, and on review, to vacate that ID as moot, and not to review a second ID (Order No. 33) terminating the investigation based on a withdrawal of the complaint. The investigation is terminated.
Carbazole Violet Pigment 23 from China and India; 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 countervailing and antidumping duty orders on carbazole violet pigment 23 from China and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Barium Chloride From China; Scheduling of 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 barium chloride from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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