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

Following receipt on October 14, 2021 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. 332-587, Distributional Effects of Trade and Trade Policy on U.S. Workers, for the purpose of conducting a two- part investigation, with the Commission in part one to provide a public report that catalogues information on the distributional effects on under-represented and under-served communities of trade and trade policy, and with the Commission in part two to expand its research and analysis capabilities so that future probable economic effects advice includes estimates of the potential distributional effects of trade and trade policy, including goods and services imports, on U.S. workers. In preparing its public report, the USTR asked the Commission to gather information through roundtable discussions among representatives of under-represented and under-served communities, and through a symposium focused on academic or similar research on the distributional effects on under-represented and under-served communities of trade and trade policy. The Commission will also hold a public hearing following the roundtables and symposium. The Commission will issue a second notice, to be published in the Federal Register by January 31, 2022 that sets out the format and dates for the roundtables, symposium, and hearing, and how members of the public may participate in them.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review two initial determinations (``ID'') issued by the presiding chief administrative law judge (``CALJ'') to: (i) Amend the complaint and notice of investigation to add certain new respondents and partially terminate the investigation with respect to certain other respondents (Order No. 30); and (ii) extend the target date for completion of this investigation to May 9, 2023 (Order No. 31).

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigation Nos. 731-TA-1575-1577 (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 emulsion styrene-butadiene rubber from Czechia, Italy, and Russia, provided for in statistical reporting numbers 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce (``Commerce'') extends the time for initiation, the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by December 30, 2021. The Commission's views must be transmitted to Commerce within five business days thereafter, or by January 7, 2022.

Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``Final ID'') issued by the presiding administrative law judge (``ALJ'') finding a violation of section 337 of the Tariff Act of 1930. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding based on the schedule set forth below.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined that respondent Roku Inc. has 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 electronic devices, including streaming players, televisions, set top boxes, remote controllers, and components thereof, that infringe one or more claims of complainant's U.S. Patent No. 10,593,196 (``the '196 patent''). The Commission has determined that the appropriate remedies are a limited exclusion order and a cease and desist order against the respondent. The Commission has also determined to set a bond in the amount of zero (0) percent (i.e., no bond) of the entered value of the excluded products imported during the period of Presidential review. This investigation is hereby terminated.

Notice is hereby given that, on October 22, 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 Bond 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, following a remand from the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit''), the U.S. International Trade Commission has determined to issue a modified limited exclusion order (``LEO'') and modified cease and desist orders (``CDOs'') directed against respondents Caterpillar Paving Products, Inc. and Caterpillar Inc., respectively, and their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission has terminated this investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 4, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Shenzhen Smoore Technology Limited of China. Supplements were filed on October 8, 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 oil-vaping cartridges, components thereof, and products containing the same by reason of infringement of: (1) Certain claims of Patent No. 10,357,623 (``the '623 patent''); U.S. Patent No. 10,791,763 (``the '763 patent''); U.S. Patent No. 10,791,762 (``the '762 patent''); and (2) U.S. Registered Trademark No. 5,633,060 (``the '060 mark''). 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 has determined to institute a rescission proceeding and to rescind the general exclusion order issued in the underlying investigation. The rescission proceeding is terminated.

The Commission has prepared and published annual reports in this series under Investigation No. 332-345, Recent Trends in U.S. Services Trade, since 1996. The 2022 report, which the Commission plans to publish in May 2022, will provide aggregate data on cross-border trade in services for the period ending in 2020, and transactions by affiliates based outside the country of their parent firm for the period ending in 2019. The report's analysis will focus on electronic and digital services (including audio-visual services, computer services, and telecommunications services). The Commission is inviting interested members of the public to furnish information and views in connection with the 2022 report.

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 Easton Diamond Sports, LLC of Thousand Oaks, California. Supplements to the complaint were filed on October 13 and October 18, 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 composite baseball and softball bats and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,997,826 (``the '826 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.

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 seamless refined copper pipe and tube 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.

Notice is hereby given that on October 21, 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.