International Trade Commission February 2022 – Federal Register Recent Federal Regulation Documents
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Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor; Commission Determination Not To Review an Initial Determination Terminating a Final Respondent Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 29) terminating the final, non-defaulting respondent, Shanghai Chemtron Biotech Co. Ltd., in the above-captioned investigation based on settlement. The Commission has further determined to find that the complainants' declaration seeking immediate relief against a respondent previously found to be in default is moot. The Commission also requests written submissions from the parties, interested government agencies, and interested persons on remedy, the public interest, and bonding concerning the defaulted respondent.
Certain LTE-Compliant Cellular Communication Devices; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Terminate the Investigation Based on Withdrawal of the Complaint Allegations; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 36) of the presiding Administrative Law Judge (``ALJ'') granting complainant's motion to terminate the investigation in its entirety based on withdrawal of the complaint allegations.
Certain Cellular Base Station Communication Equipment, Components Thereof, and Products Containing Same; Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 19, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Apple Inc. of Cupertino, 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 cellular base station communication equipment, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 9,882,282 (``the '282 patent''); U.S. Patent No. 10,263,340 (``the '340 patent''); and U.S. Patent 9,667,290 (``the '290 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 order.
Certain Mobile Telephones, Tablet Computers With Cellular Connectivity, and Smart Watches With Cellular Connectivity, Components Thereof, and Products Containing Same; Notice of Institution
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to the complaint were filed on January 27, 2022, January 31, 2022, and February 7, 2022. 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 telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,102,805 (``the '805 patent''); U.S. Patent No. 9,532,355 (``the '355 patent''); U.S. Patent No. 11,139,872 (``the '872 patent''); and U.S. Patent No. 10,425,817 (``the '817 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 complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
Certain Mobile Phones and Tablet Computers, All With Switchable Connectivity Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on February 7, 2022. 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 phones and tablet computers, all with switchable connectivity, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,792,454 (the '454 patent); U.S. Patent No. 10,880,794 (``the '794 patent''); and U.S. Patent No. 8,472,999 (``the '999 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 order.
Certain Mobile Phones, Tablet Computers, Smart Watches, Smart Speakers, and Digital Media Players, and Products Containing Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on February 2 and February 7, 2022. 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 mobile phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,151,430 (``the '430 patent''); U.S. Patent No. 9,509,273 (``the '273 patent''); U.S. Patent No. 9,853,621 (``the '621 patent''); U.S. Patent No. 7,957,770 (``the '770 patent''); and U.S. Patent No. 9,705,400 (``the '400 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 order.
Urea Ammonium Nitrate (UAN) Solutions From Russia and Trinidad and Tobago Scheduling of the Final Phase of Countervailing Duty 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-668-669 and 731-TA-1565-1566 (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 urea ammonium nitrate (UAN) solutions from Russia and Trinidad and Tobago, provided for in subheading 3102.80.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value.
African Growth and Opportunity Act (AGOA); Program Usage, Trends, and Sectoral Highlights
Following receipt on January 19, 2022, of a request from the Committee on Ways and Means of the U.S. House of Representatives (Committee), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-589, African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights. The Committee requested that the Commission conduct an investigation and provide a report on the AGOA program in general and its usage, and also provide industry case studies to better understand the relative competitiveness of each sector and its impact on workers, economic development, and poverty reduction.
Circular Welded Carbon-Quality Steel Pipe From Oman, Pakistan, and the United Arab Emirates; 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 antidumping duty orders on circular welded carbon- quality steel pipe from Oman, Pakistan, and the United Arab Emirates 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.
Notice of a Final Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm in part, modify in part, and reverse in part the Administrative Law Judge's (``ALJ'') final initial determination (``ID''), issued on October 7, 2021, finding no violation of section 337 in the above-referenced investigation as to three asserted patents. The Commission affirms the ID's determination that no violation of section 337 has occurred based on the importation of certain electronic stud finders, metal detectors, and electrical scanners. This investigation is terminated.
Certain Vaporizer Cartridges and Components Thereof; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to affirm a summary determination of violation of section 337 with respect to certain respondents found in default. The Commission and has further determined to issue a general exclusion order (``GEO'') denying entry of certain infringing vaporizer cartridges and components thereof as well as cease and desist orders (``CDOs'') against certain of the defaulting respondents. This investigation is terminated.
Certain Networking Devices, Computers, and Components Thereof and Systems Containing the Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Proven Networks, LLC, of Los Angeles, 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 networking devices, computers, and components thereof and systems containing the same, by reason of infringement of certain claims of U.S. Patent No. 8,687,573 (``the '573 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 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 Semiconductors, and Mobile Devices and Computers Containing Same, DN 3605; 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 Toner Supply Containers and Components Thereof (II); Notice of Request for Submissions on the Public Interest
Notice is hereby given that, on February 11, 2022, the presiding acting chief administrative law judge (``ACALJ'') issued an initial determination granting complainants' motion for summary determination of violation of section 337 of the Tariff Act of 1930, as amended, which includes 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 In Vitro Fertilization Products, Components Thereof, and Products Containing the Same; Commission Decision Not To Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined not to review a final initial determination (``FID'') of the presiding Administrative Law Judge (``ALJ'') finding a violation of section 337 by respondents Fast IVF of Scottsdale, Arizona (``Fast IVF'') and Hermes Ezcanesi of Istanbul, Turkey (collectively, the ``Defaulting Respondents''). The Commission also requests written submissions from the parties, interested government agencies and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding.
Certain Blowers and Components Thereof; Notice of a Commission Determination To Review an Enforcement Initial Determination and Order No. 36
Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety the enforcement initial determination (``EID'') issued on December 14, 2021, finding no violation of the consent order issued in the above-referenced section 337 investigation. The Commission has also determined to review Order No. 36, also issued on December 14, 2021.
Certain Movable Barrier Operator Systems and Components Thereof; Notice of Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has issued a limited exclusion order (``LEO'') prohibiting the importation of certain movable barrier operator systems and components thereof that are imported by or on behalf of The Chamberlain Group, Inc. of Oak Brook, Illinois (``Respondent''), and that infringe claims 1, 4, 16, and 19 of U.S. Patent No. 9,483,935 (``the '935 patent''); claims 18 and 24 of U.S. Patent No. 7,956,718 (``the '718 patent'') and claim 17 of U.S. Patent No. 8,410,895 (``the '895 patent''). The Commission has also issued a cease and desist order (``CDO'') against Respondent. The investigation is terminated.
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 Barcode Scanners, Mobile Computers with Barcode Scanning Capabilities, Scan Engines, Components Thereof, and Products Containing the Same, DN 3604; 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 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 Barcode Scanners, Mobile Computers with Barcode Scanning Capabilities, Scan Engines, RFID Printers, Components Thereof, and Products Containing the Same, DN 3603; 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 Shingled Solar Modules, Components Thereof, and Methods for Manufacturing the Same ; Commission Determination To Review in Part and Remand in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that, on October 22, 2021, the presiding acting chief administrative law judge (``ALJ'') issued a combined final initial determination (``ID'') finding a violation of section 337 and a recommended determination (``RD'') on remedy and bonding in the above-captioned investigation. The Commission has determined to review the final ID in part. The Commission has also determined to remand the ID in part to the ALJ to make a determination regarding whether an on-sale bar applies to the asserted claims of U.S. Patent No. 10,651,333 (``the '333 patent'') based on alleged sales and offers for sale of certain products. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding.
Narrow Woven Ribbons With Woven Selvedge From China and Taiwan; 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 narrow woven ribbons with woven selvedge from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Apparatus and Methods of Opening Containers; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') granting summary determination of violation of section 337 in the above-captioned investigation. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding.
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Korea, Mexico, 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 heavy walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey 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 Electronic Exercise Systems, Stationary Bicycles and Components Thereof and Products Including Same, DN 3602; 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 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 Wet Dry Surface Cleaning Devices, DN 3601; 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 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 Products Containing Pyraclostrobin and Components Thereof, DN 3600; 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 Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same II; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 24, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of DivX, LLC of San Diego, California. The complaint was supplemented by letter on December 7, 2021, and an amended complaint was filed on December 28, 2021. The complaint, as 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 video processing devices, components thereof, and digital smart televisions containing the same by reason of infringement of one or more claims of U.S. Patent No. 8,832,297 (``the '297 patent'') and U.S. Patent No. 8,472,792 (``the '792 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.
Certain Composite Baseball and Softball Bats and Components Thereof; Commission Determination Not To Review Two Initial Determinations Granting Complainant's Motion To Amend the Complaint and Notice of Investigation To Add a Respondent and Extending the Target Date for Completion of This Investigation
Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined not to review two initial determinations (``ID'') issued by the then-presiding, former chief administrative law judge (``CALJ'') granting the complainant's motion to amend the complaint and notice of investigation to add a new respondent (Order No. 8) and extending the target date for completion of this investigation to May 2, 2023 (Order No. 9).
Artists' Canvas From China; Institution of a Five-Year Review
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 artists' canvas 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.
Ammonium Sulfate From China; Institution of Five-Year Reviews
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 and countervailing duty orders on ammonium sulfate 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.
Biaxial Integral Geogrid Products From China; Institution of Five-Year Reviews
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 and countervailing duty orders on certain biaxial integral geogrid products 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.
New Pneumatic Off-the-Road Tires From India; Institution of Five-Year Reviews
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 and countervailing duty orders on certain new pneumatic off-the-road tires from India 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.
Amorphous Silica Fabric From China; Institution of Five-Year Reviews
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 and countervailing duty orders on certain amorphous silica fabric 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.
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