International Trade Commission September 2022 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 17) granting a joint motion to terminate the investigation in its entirety based upon settlement.

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 27) of the presiding chief administrative law judge (``CALJ''), granting summary determination on violation of section 337 and including a recommended determination (``RD'') on remedy and bonding. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of 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. 10) of the presiding administrative law judge (``ALJ'') terminating the investigation in its entirety based on withdrawal of the complaint. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Smart Televisions, DN 3643; 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 the U.S. International Trade Commission has received a complaint entitled Certain Hazelnuts and Products Containing the Same, DN 3642; 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 an expedited review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on phosphor copper from South Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Raised Garden Beds and Components Thereof, DN 3639; 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 the U.S. International Trade Commission has received a complaint entitled Certain Semiconductor Devices, Mobile Devices Containing The Same, and Components Thereof, DN 3641; 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 the U.S. International Trade Commission has found a violation of section 337 in the above-captioned investigation. The Commission has determined to issue: (1) a limited exclusion order (``LEO'') prohibiting the unlicensed entry of infringing plant-derived recombinant human serum albumins (``rHSA'') and products containing the same covered by certain claims of U.S. Patent No. 10,618,951 that are manufactured by or on behalf of, or imported by or on behalf of, respondents Wuhan Healthgen Biotechnology Corp. (``Healthgen''); ScienCell Research Laboratories, Inc. (``ScienCell''); Aspira Scientific, Inc. (``Aspira''); and eEnzyme LLC (``eEnzyme'') or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and the entry of plant-derived rHSAs and products containing the same that include a false designation of origin that are manufactured by or on behalf of, or imported by or on behalf of, ScienCell, Aspira, or eEnzyme or any of their affiliated companies, parents, subsidiaries, agents, or other related business entities, or their successors or assigns; and (2) cease and desist orders (``CDOs'') directed against ScienCell, Aspira, and eEnzyme, and any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. This investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 9, 2022, under the Tariff Act of 1930, as amended, on behalf of Google LLC of Mountain View, California. A supplement was filed on August 24, 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 audio players and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,024,311 (``the '311 patent''); U.S. Patent No. 9,812,128 (``the '128 patent''); U.S. Patent No. 9,632,748 (``the '748 patent''); and U.S. Patent No. 11,050,615 (``the '615 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 a desist order.

Notice is hereby given that on September 9, 2022, 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.

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 stainless steel sheet and strip from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 5, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Purple Innovation, LLC of Lehi, Utah. Supplements to the complaint were filed on August 9, 2022 and August 22, 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 pillows and seat cushions, components thereof, and packaging thereof by reason of the infringement of: (1) certain claims of U.S. Design Patent No. D909,092 (``the '092 patent''); U.S. Patent No. 10,772,445 (``the '445 patent''); and U.S. Patent No. 10,863,837 (``the '837 patent''); (2) U.S. Trademark Registration No. 5,661,556 (``the '556 mark'') and U.S. Trademark Registration No. 6,551,053 (``the '053 mark'') and that an industry in the United States exists as required by the applicable Federal Statute. The complaint further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain pillows and seat cushions, components thereof, and packaging thereof by reason of trade dress infringement, 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 and a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has found the requirements of the Tariff Act of 1930, as amended, met, based on a complaint filed by the NOCO Company alleging a violation with respect to U.S. Trademark Registration Nos. 4,811,656 (``the '656 mark'') and 4,811,749 (``the '749 mark'') by defaulting respondent Zhejiang Quingyou Electronic Commerce Co., Ltd. (``Zhejiang Quingyou'') and with respect to the '749 mark by defaulting respondent Shenzhen Mediatek Tong Technology Co., Ltd. (``Mediatek''). The Commission has determined to issue a limited exclusion order against defaulting respondents Zhejiang Quingyou and Mediatek. The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ampt, LLC of Fort Collins, Colorado. The complaint was supplemented by letters on August 4, 11, and 15, 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 solar power optimizers, inverters, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,673,630 (``the '630 patent'') and U.S. Patent 11,289,917 (``the '917 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.

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 frozen warmwater shrimp from China, India, Thailand, and Vietnam 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.