International Trade Commission March 2023 – Federal Register Recent Federal Regulation Documents
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White Grape Juice Concentrate From Argentina
On March 24, 2023, the U.S. Department of Commerce (``Commerce'') published notices in the Federal Register of the suspension of its antidumping and countervailing duty investigations on white grape juice concentrate (``WGJC'') from Argentina (Federal Register, March 24, 2023). Both suspension agreements took effect on March 17, 2023. The antidumping duty suspension agreement is based upon an agreement between Commerce and producers/exporters which account for substantially all imports of white grape juice concentrate from Argentina, in which each signatory producer/exporter has agreed to revise its prices to eliminate completely the injurious effects of exports of WGJC to the United States. The countervailing duty suspension agreement is based upon an agreement between Commerce and the Government of Argentina (``GOA''), wherein the GOA has agreed not to provide any new or additional export or import substitution subsidies on the subject merchandise and has agreed to restrict the volume of direct or indirect exports to the United States of WGJC from all Argentine producers/exporters in order to eliminate completely the injurious effects of exports of this merchandise to the United States. Accordingly, the U.S. International Trade Commission gives notice of the suspension of its antidumping and countervailing duty investigations involving imports of WGJC from Argentina, provided for in subheading 2009.69.00 of the Harmonized Tariff Schedule of the United States.
Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof; Commission Decision Terminating One Respondent Based on Settlement; Issuing an Exclusion Order and Cease and Desist Orders; Terminating the Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to terminate one of the seven defaulting respondents from the investigation on the basis of settlement. The Commission has also determined to issue a limited exclusion order (``LEO'') barring entry of certain centrifuge utility platform and falling film evaporator systems and components thereof that are imported by or on behalf of the six remaining defaulting respondents. The Commission has further determined to issue cease and desist orders (``CDOs'') as to three of the six remaining defaulting respondents. The investigation is terminated.
Certain Mobile Phones, Tablet Computers, Smart Watches, Smart Speakers, and Digital Media Players, and Products Containing Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement and To Vacate as Moot an Initial Determination Granting Summary Determination That the Economic Prong of the Domestic Industry Requirement Is Satisfied; 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. 34) of the presiding Administrative Law Judge (``ALJ'') terminating the investigation based on settlement. In addition, the Commission has determined to vacate as moot an ID (Order No. 29) granting summary determination that the economic prong of the domestic industry requirement is satisfied. The investigation is terminated.
Certain Cellular Base Station Communication Equipment, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
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 administrative law judge (``ALJ'') granting a joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated.
Certain Smart Thermostat Hubs, Systems Containing the Same, and Components of the Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation Based on Withdrawal of the Complaint; 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. 19) of the presiding administrative law judge (``ALJ'') granting the complainant's unopposed motion to terminate the above-captioned investigation in its entirety based on withdrawal of the complaint. The investigation is terminated.
Certain Automated Retractable Vehicle Steps and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 14) of the presiding administrative law judge (``ALJ''), granting an unopposed motion to amend the complaint and notice of investigation to add Anhui Wollin International Co., Ltd. (``Wollin'') and Wuhu Wow-good Auto-tech Co. Ltd. (``Wow- good'') as named respondents.
Certain Robotic Floor Cleaning Devices and Components Thereof; Notice of Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; 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 robotic floor cleaning devices and components thereof that are imported by or on behalf of SharkNinja Operating LLC, SharkNinja Management LLC, SharkNinja Management Co., SharkNinja Sales Co., EP Midco LLC, and SharkNinja Hong Kong Co. Ltd., and that infringe claims 1 and 9 of U.S. Patent No. 10,813,517 (``the '517 patent''). The Commission has also issued cease and desist orders (``CDOs'') against each Respondent. The investigation is terminated.
Certain Mobile Phones and Tablet Computers, All With Switchable Connectivity; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement; 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. 38) of the presiding Administrative Law Judge (``ALJ'') granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is terminated.
Certain Robotic Pool Cleaners and Components Thereof; Notice of a Commission Determination Not To Review Two Initial Determinations Terminating the Remaining Respondents and the Investigation in Its Entirety; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review two initial determinations (``IDs'') (Order Nos. 15 and 16) of the presiding administrative law judge (``ALJ'') terminating certain respondents based on a consent order, terminating the remaining respondents based on partial withdrawal of the complaint, and terminating the investigation in its entirety. The investigation is terminated.
Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same; Notice of a Commission Determination To Review in Part a Final Initial Determination; and, on Review, To Find No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on October 28, 2022, finding no violation of section 337, in the above-referenced investigation. On review, the Commission has determined to find no violation of section 337. The investigation is terminated in its entirety.
Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Portable Battery Jump Starters and Components Thereof, DN 3669; 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.
Certain Mobile Telephones, Tablet Computers With Cellular Connectivity, and Smart Watches With Cellular Connectivity, Components Thereof, and Products Containing Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement and To Review and Take No Position on an Initial Determination Granting in Part a Motion for Summary Determination Concerning the Economic Prong of the Domestic Industry Requirement; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 26) of the presiding administrative law judge (``ALJ'') terminating the investigation on the basis of settlement and to review and take no position on an ID (Order No. 22) granting in part a motion for summary determination concerning the economic prong of the domestic industry requirement. 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 LED Landscape Lighting Devices, Components Thereof, and Products Containing Same DN 3672; 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.
Softwood Lumber Products From Canada; 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 countervailing duty order and antidumping duty order on softwood lumber products from Canada 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.
Certain Freight Rail Couplers and Parts Thereof From China and Mexico; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-682 and 731-TA-1592-1593 (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 certain freight rail couplers and parts thereof from China and Mexico, provided for in subheadings 8607.30.10 and 7326.90.86 of the Harmonized Tariff Schedule of the United States, for which imports of certain freight rail couplers and parts thereof from China have been preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value. Subject merchandise attached to finished rail cars may also be imported under HTSUS heading 8606, or under subheadings 9803.00 and 7325.99, if imported as an Instrument of International Traffic.
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 Anti- Theft Shopping Cart Wheels, Components Thereof, and Systems Containing the Same DN 3671; 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 Compact Wallets and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 6, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Ridge Wallet LLC of Santa Monica, California. The complaint was supplemented on February 21, 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 compact wallets and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,791,808 (``the '808 patent''). 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 compact wallets and components 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 general exclusion order, or in the alternative a limited exclusion, and cease and desist orders.
Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
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 fitness devices, streaming components thereof, and systems containing same infringing certain claims of U.S. Patent Nos. 10,469,554 (``the '554 patent''); 10,469,555 (``the '555 patent''); and 10,757,156 (``the '156 patent'') that are manufactured by or on behalf of, or imported by or on behalf of, respondents ICON Health & Fitness, Inc. of Logan, Utah (``ICON'' or ``iFIT Inc.''); FreeMotion Fitness, Inc. of Logan, Utah (``FreeMotion''); NordicTrack Inc. of Logan, Utah (``NordicTrack,'' and together with ICON and FreeMotion, ``iFit''); and Peloton Interactive, Inc. of New York, New York (``Peloton''), or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and (2) cease and desist orders (``CDOs'') directed against iFit and Peloton, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission has also determined to grant a joint motion filed by complainants DISH DBS Corporation of Englewood, Colorado; DISH Technologies, L.L.C., of Englewood, Colorado; and Sling TV L.L.C., of Englewood, Colorado (collectively, ``DISH'') and respondents lululemon athletica inc., of Vancouver, Canada (``lululemon''); and Curiouser Products Inc. d/b/a MIRROR of New York, New York (together with lululemon, ``MIRROR'') that sought to terminate the investigation as to MIRROR on the basis of a settlement agreement. This investigation is terminated.
Stainless Steel Sheet and Strip From Japan, South Korea, and Taiwan; Scheduling of Full Five-Year Reviews
The Commission hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty and countervailing duty orders on stainless steel sheet and strip from Japan, South Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
Implementing Rules for the United States-Mexico-Canada Agreement Implementation Act
The United States International Trade Commission (Commission) is making technical amendments to its rules, relating to safeguard actions, and injury to domestic industries from imports sold at less than fair value or from subsidized exports, to conform with changes made by the United States-Mexico-Canada Agreement Implementation Act (USMCA Act).
Certain LTE- and 3G-Compliant Cellular Communications Devices; Notice of a Commission Determination To Dismiss as Moot a Portion of the Complaint; Termination of Remand Proceeding
Notice is hereby given that, on October 24, 2022, the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit'') issued a mandate with instructions to dismiss as moot the portion of the complaint filed in the above-captioned investigation relating to U.S. Patent No. 6,760,590 (``the '590 patent''), which expired during the pendency of an appeal before the Court. The Commission hereby dismisses that portion of the complaint. The remand proceeding is hereby terminated.
Certain Computer Network Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 32) granting complainants' motion for leave to amend the complaint and notice of investigation to reflect a corporate name change.
Paper Clips From China; Scheduling of an Expedited Five-Year Review
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 paper clips from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Universal Golf Club Shaft and Golf Club Head Connection Adaptors, Certain Components Thereof, and Products Containing the Same (II); Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 2, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Club-Conex LLC of Scottdale, Arizona. A supplement to the complaint was filed on February 7, 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 universal golf club shaft and golf club head connection adaptors, certain components thereof, and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 11,426,638 (``the '638 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 Dermatological Treatment Devices and Components Thereof, DN 3670; 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 High-Performance Gravity-Fed Water Filters and Products Containing the Same Notice of Request for Statements on the Public Interest
Notice is hereby given that on February 28, 2023, the presiding administrative law judge issued an Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting public interest comments from the public only.
Certain Silicon Photovoltaic Cells and Modules With Nanostructures, and Products Containing the Same; Notice of Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation; Termination of the Investigation
Notice is hereby given that, on September 1, 2022, the presiding chief administrative law judge (``CALJ'') issued a combined final initial determination (``ID'') on violation and recommended determination (``RD'') on remedy and bonding. The final ID finds no violation of section 337 in the above-captioned investigation. The Commission has determined to review the final ID in part and, on review, affirm the final ID's finding of no violation. The investigation is terminated.
Certain Cabinet X-Ray and Optical Camera Systems and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Consent Order Stipulations; Issuance of Consent Orders; 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. 4) of the presiding Chief Administrative Law Judge (``CALJ'') terminating the investigation based on consent order stipulations. The Commission has entered consent orders against respondents CompAI Healthcare (Shenzhen) Co., Ltd., CompAI Healthcare (Suzhou) Co., Ltd., Kangpai Medical Technology (Changchun) Co., Ltd., Kangpai (Beijing) Medical Equipment Co., Ltd., and Dilon Technologies, Inc. The investigation is terminated.
Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on Withdrawal of the Complaint
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. 16), granting complainant's motion to terminate the investigation based on withdrawal of the complaint as to all respondents. The investigation is terminated in its entirety.
Certain Polyester Staple Fiber 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 certain polyester staple fiber 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.
Honey 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 honey 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.
Aluminum Foil 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 aluminum foil 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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