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

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 23) of the presiding administrative law judge (``ALJ'') granting a joint, unopposed motion to terminate Shenzhen Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China (``WONKA'') based on a consent order. WONKA is terminated from the investigation. The Commission has issued a consent order to WONKA. The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 27, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Holochip Corporation of Torrance, California. Supplements were filed on October 7, 2021 and October 21, 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 tunable lenses and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,064,142 (``the '142 patent''); U.S. Patent No. 8,605,361 (``the '361 patent''); U.S. Patent No. 8,665,527 (``the '527 patent''), and U.S. Patent No. 9,442,225 (``the '225 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 the U.S. International Trade Commission has determined to review in part an initial determination (``ID'') (Order No. 40) of the presiding administrative law judge (``ALJ'') granting in part complainant's motion for summary determination and finding a violation of section 337. The Commission requests written submissions from the parties on an issue under review, and requests briefing from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.

The Commission instituted the subject five-year review on July 1, 2021 (86 FR 35127) to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China would be likely to lead to continuation or recurrence of material injury. On September 29, 2021, the Department of Commerce issued notice that it was revoking the order effective August 11, 2021, because no domestic interested party filed a timely notice of intent to participate. Accordingly, the subject review is terminated.

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined that: (i) The respondents have violated section 337 of the Tariff Act of 1930, as amended, by importing, selling for importation, or selling in the United States after importation certain laparoscopic surgical staplers, reload cartridges, and components thereof that infringe complainants' U.S. Patent No. 9,844,379 (``the '379 patent''); (2) the appropriate remedies are a limited exclusion order and cease and desist orders; and (3) enforcement of said remedial orders will be suspended pending final resolution of a Final Written Decision by the Patent Trial and Appeal Board (``PTAB'') that the asserted claims of the '379 patent are unpatentable. This investigation is terminated.

Notice is hereby given that on September 14, 2021, the presiding administrative law judge (``ALJ'') issued a Final 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.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 31) of the presiding administrative law judge (``ALJ'') granting an unopposed motion to terminate the investigation in its entirety based upon settlement.

Notice is hereby given that the U.S. International Trade Commission has determined to affirm, on modified grounds, a summary determination (``ID'') (Order No. 50) of the presiding administrative law judge (``ALJ'') finding a violation of section 337. The Commission has determined that the appropriate remedy is a general exclusion order (``GEO'') and cease and desists orders (``CDO'') to certain respondents. The Commission terminates the investigation.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-670 and 731-TA-1570 (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 freight rail coupler systems and components thereof from China, provided for in subheading 8607.30.10 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. Subject merchandise attached to finished rail cars may also enter under HTSUS heading 8606 or under subheading 980300 if imported as an Instrument of International Traffic. 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 November 15, 2021. The Commission's views must be transmitted to Commerce within five business days thereafter, or by November 22, 2021.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has found a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation and has issued a limited exclusion order prohibiting the importation of infringing tobacco heating articles and components thereof and cease and desist orders directed against respondents Philip Morris USA, Inc. (``PM USA'') and Altria Client Services LLC (``ACS''). The investigation is terminated.

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 chlorinated isocyanurates from China and Spain 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.