International Trade Commission 2023 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 14, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Optimum Communications Services, Inc. of Jersey City, New Jersey. An amended complaint was filed on November 22, 2023. 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 passive optical network equipment by reason of the infringement of certain claims of U.S. Patent No. 7,558,260 (``the '260 patent'') and U.S. Patent No. 7,333,511 (``the '511 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 general exclusion order, or in the alternative a limited exclusion, and a cease and desist order.

Consistent with the Paperwork Reduction Act of 1995, the U.S. International Trade Commission (Commission) has submitted a proposal for the collection of information to the Office of Management and Budget (OMB) for approval. The proposed information collection is a three-year extension of the current generic clearance (approved by OMB under Control No. 3117-0222) under which the Commission can issue information collections for the collection of qualitative feedback on agency service delivery. Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the information collection plan is objectionable, describing the issue in detail, and including specific revisions or language changes. The Commission did not receive any comments in response to the 60-day notice that it published in the Federal Register on October 27, 2023.

Notice is hereby given that on December 8, 2023, 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 and interested government agencies only.

Notice is hereby given that the U.S. International Trade Commission has received a complaint regarding Certain Computing Devices Utilizing Indexed Search Systems and Components Thereof, DN 3714; 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 (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 78) of the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the investigation due to settlement.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 13, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina and R.J. Reynolds Vapor Company of Winston-Salem, North Carolina. A supplement to complaint was filed on November 1, 2023. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, and in the sale of certain disposable vaporizer devices and components and packaging thereof by reason false advertising, false designation of origin, and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and a cease and desist order.

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 large power transformers from South Korea 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.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-689 and 731-TA-1618 (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 non-refillable steel cylinders from India, provided for in subheading 7311.00.00 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.

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1607-1611 (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 boltless steel shelving units prepackaged for sale (``boltless steel shelving'') from India, Malaysia, Taiwan, Thailand, and Vietnam, provided for in subheading 9403.20.00 of the Harmonized Tariff Schedule of the United States. The Department of Commerce (``Commerce'') has preliminarily determined imports of boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam to be sold at less-than-fair value. In addition, Commerce has made negative preliminary determinations of sales at less-than-fair value in the antidumping duty investigation on boltless steel shelving from India.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 31, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Nokia Technologies Oy of Finland and Nokia Corporation of Finland. Supplements were filed on November 7, 13, and 17, 2023. 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 video capable electronic devices, including computers, streaming devices, televisions, and components and modules thereof by reason of the infringement of certain claims of U.S. Patent No. 7,724,818 (``the '818 patent''), U.S. Patent No. 10,536,714 (``the '714 patent''), U.S. Patent No. 11,805,267 (``the '267 patent''), U.S. Patent 8,077,991, (``the '991 patent''), and U.S. Patent No. 8,050,321 (``the '321 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 a complaint was filed with the U.S. International Trade Commission on October 31, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Samsung Display Company, Ltd. of the Republic of Korea. Letters supplementing the complaint were filed on October 31, November 13, and November 14, 2023. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, or in the sale of certain organic light-emitting diode display modules and components thereof by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry or to prevent the establishment of an industry in the United States. 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 on November 13, 2023, the presiding administrative law judge (``ALJ'') issued an Initial Determination on Violation of Section 337. On November 27, 2023, 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 and interested government agencies only.

Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Passive Optical Network Equipment, DN 3707; the Commission is soliciting comments on any public interest issues raised by the amended complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 19, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Eli Lilly and Company of Indianapolis, Indiana. A supplement was filed on November 10, 2023. 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 products containing tirzepatide and products purporting to contain tirzepatide by reason of the infringement of U.S. Trademark Registration No. 6,809,369 (``the '369 mark''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain products containing tirzepatide and products purporting to contain tirzepatide by reason of false designation of source and false and misleading advertising, 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 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 received a complaint Certain Passive Optical Network Equipment, DN 3707; 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 a complaint was filed with the U.S. International Trade Commission on October 12, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson AB of Sweden and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to the Complaint were filed on October 31, 2023 and November 9, 2023. 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 electronic devices, including mobile phones, tablets, laptops, components thereof, and products containing the same by reason of the 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. 9,313,178 (``the '178 patent''); U.S. Patent No. 11,122,313 (``the '313 patent''); and U.S. Patent No. 10,972,654 (``the '654 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 (``Commission'') has determined to issue a limited exclusion order (``LEO'') directed to Foshan Dirani Design Furniture Co., Ltd. (``Dirani Design'') barring entry of certain pillows and seat cushions, components thereof, and packaging thereof that infringe certain claims of U.S. Patent No. 10,863,837 (``the '837 patent''); a general exclusion order (``GEO'') barring entry of certain pillows and seat cushions, components thereof, and packaging thereof that infringe certain claims of U.S. Patent No. 10,772,445 (``the '445 patent''); and cease and desist orders (``CDOs'') directed to respondents Dirani Design, Dongguan Jingrui Silicone Technology Co., Ltd., Hangzhou Lydia Sports Goods Co., Ltd., and Shenzhen Leadfar Industry Co., Ltd.