International Trade Commission April 2023 – Federal Register Recent Federal Regulation Documents
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Certain Oil-Vaping Cartridges, Components Thereof, and Products Containing the Same Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 as to the Asserted Patent Claims; Request for Written Submissions on Issues Under Review and on Remedy, the Public Interest, and Bonding as to the Asserted Trademark
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to review in part a final initial determination (``ID'') of the presiding chief administrative law judge (``CALJ''), finding no violation of section 337 as to the asserted patent claims. On review, the Commission has determined to find no violation of section 337 as to the asserted patent claims. The Commission has determined to review all findings and orders as to Respondent Glo Extracts (``Glo Extracts'') of Los Angeles, California and requests briefing from the parties as set forth below. The Commission has also determined to review all findings related to the asserted trademark. The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding as to the asserted trademark, under the schedule set forth below.
Certain Active Matrix Organic Light-Emitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant Samsung Display Co., Ltd.'s Motion for Leave To Amend the Complaint and Notice of Investigation
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. 8) granting a motion of complainant Samsung Display Co., Ltd. (``Samsung Display'') for leave to amend the complaint and notice of investigation.
Cold-Drawn Mechanical Tubing From China, Germany, India, Italy, South Korea, and Switzerland; 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 orders on cold-drawn mechanical tubing of carbon and alloy steel (``CDMT'') from China and India, and revocation of the antidumping duty orders on CDMT from China, Germany, India, Italy, South Korea, and Switzerland 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 Portable Battery Jump Starters and Components Thereof (III) Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 13, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of The NOCO Company of Glenwillow, Ohio. An amended complaint was filed March 13, 2023. The amended 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 portable battery jump starters and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,770,992 (``the '992 patent''); U.S. Patent No. 10,328,808 (``the '808 patent''); U.S. Patent No. 10,981,452 (``the '452 patent''); U.S. Patent No. 11,254,213 (``the '213 patent''); and U.S. Patent No. 11,447,023 (``the '023 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain portable battery jump starters and components thereof by reason of common law trade dress infringement and false designation of origin, and false advertising and unfair competition, 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 exclusion order and cease and desist orders.
Certain Portable Battery Jump Starters and Components Thereof (II) Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 13, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of The NOCO Company of Glenwillow, Ohio. An amended complaint was filed March 13, 2023. The amended 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 portable battery jump starters and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,770,992 (``the '992 patent''); U.S. Patent No. 10,328,808 (``the '808 patent''); U.S. Patent No. 10,981,452 (``the '452 patent''); U.S. Patent No. 11,254,213 (``the '213 patent''); and U.S. Patent No. 11,447,023 (``the '023 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain portable battery jump starters and components thereof by reason of common law trade dress infringement and false designation of origin, and false advertising and unfair competition, 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 exclusion order and cease and desist orders.
Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof; Notice of Request for Submissions on the Public Interest
Notice is hereby given that on March 31, 2023, the presiding chief administrative law judge (``CALJ'') issued an Initial Determination on Violation of Section 337. The CALJ 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.
Circular Welded Pipe and Tube From Brazil, India, Mexico, South Korea, Taiwan, Thailand, and Turkey; 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 on circular welded pipe and tube from Turkey and revocation of the antidumping duty orders on circular welded pipe and tube from Brazil, India, Mexico, South Korea, Taiwan, Thailand, and Turkey 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.
Softwood Lumber Products From Canada; 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 softwood lumber products from Canada 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.
Tool Chests and Cabinets From China and Vietnam; 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 duty order on tool chests and cabinets from China and the antidumping duty orders on tool chests and cabinets from China and Vietnam 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 regarding Certain Lidar (Light Detection and Ranging) Systems and Components Thereof. DN 3675; 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 Refrigerator Water Filtration Devices and Components Thereof; Notice of Commission Final Determination To Issue 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 determined to issue a limited exclusion order (``LEO'') barring entry of certain infringing refrigerator water filtration devices and components thereof that are imported by or on behalf of: Freshlab LLC of Gainesville, Florida; Isave Strategic Marketing Group LLC d/b/a Isave of New York, New York; GT Sourcing Inc. d/b/a GT Sourcing of Monsey, New York; Refresh Filters LLC d/b/a Refresh My Water of New York, New York; All Filters LLC d/b/a Allfilters of Salt Lake City, Utah; Jiangsu Angkua Environmental Technical Co., Ltd. of Nantong, China (``Jiangsu''); Shenzen Hangling E-Commerce Co. Ltd d/b/a Best Belvita of Elmhurst, Illinois; Qinghaishunzexiaofangjianceyouxiang Ongsi d/b/a Ezeey of Xining City, China; and Zhang Ping d/b/a Ice Water Filter of Dongyang, China (collectively, ``Defaulting Respondents''). The Commission has also determined to issue cease and desist orders (``CDOs'') against all of the Defaulting Respondents except Jiangsu. The investigation is terminated.
Certain LED Landscape Lighting Devices, Components Thereof, and Products Containing Same; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 10, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Wangs Alliance Corporation d/b/a WAC Lighting of Port Washington, New York. A supplement was filed on March 23, 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 LED landscape lighting devices, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 10,920,971 (the `` '971 Patent''), U.S. Patent No. 10,969,088 (the `` '088 Patent''), and 11,274,816 (the `` '816 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.
Agency Information Collection Activities; Submission for OMB Review; Renewal of Generic Clearance; Comment Request
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. 3117-0016) under which the Commission can issue information collections for import injury investigations and reviews that it is required to conduct under the Tariff Act of 1930, the Trade Act of 1974, and other trade remedy statutes that require or authorize the Commission to make findings or determinations. These investigations and reviews include: antidumping duty, countervailing duty, safeguards, other import competition, market disruption, interference with programs of the U.S. Department of Agriculture, and cross-border long-haul trucking. A full list of all the investigations and reviews associated with this generic clearance and their associated statutory authorities is available in the Commission's supporting statement to this Federal Register notice. Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are 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 January 5, 2023.
Multilayered Wood Flooring From China; 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 antidumping duty and countervailing duty orders on multilayered wood flooring from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Wet Dry Surface Cleaning Devices; Notice of Request for Submissions on the Public Interest
Notice is hereby given that on March 24, 2023, the presiding administrative law judge (``ALJ'') issued an Initial Determination on Violation of Section 337. On April 7, 2023, the ALJ 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 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 Liquid Transfer Devices with an Integral Vial Adapter. DN 3674; 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.
Carbon and Certain Alloy Steel Wire Rod From Belarus, Italy, Russia, South Africa, South Korea, Spain, Turkey, Ukraine, the United Arab Emirates, and the United Kingdom; 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 duty orders on carbon and certain alloy steel wire rod (``wire rod'') from Italy and Turkey and the antidumping duty orders on wire rod from Belarus, Italy, Russia, South Africa, South Korea, Spain, Turkey, Ukraine, the United Arab Emirates, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Casual Footwear and Packaging Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation; Request for Written Submissions on the Issues Under Review, Remedy, Bonding, and the Public Interest
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to review in part a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') finding no violation of section 337 and to solicit briefing from the parties on the issues under review, as well as briefing from the parties, interested government agencies, and any other interested parties on the issues of remedy, bonding, and the public interest.
Certain Electronic Anti-Theft Shopping Cart Wheels, 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 March 8, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Gatekeeper Systems, Inc. of Foothill Ranch, 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 electronic anti-theft shopping cart wheels, components thereof, and systems containing the same by reason of the infringement of certain claims of U.S. Patent No. 8,463,540 (``the '540 Patent''), U.S. Patent No. 9,091,551 (``the '551 Patent''), U.S. Patent No. 9,637,151 (``the '151 Patent''), U.S. Patent No. 11,230,313 (``the '313 Patent''), and U.S. Patent No. 11,358,621 (``the '621 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 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 Wi-Fi Routers, Wi- Fi Devices, Mesh Wi-Fi Network Devices, and Hardware and Software Components Thereof. DN 3673; 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 Playards and Strollers; Notice of Request for Submissions on the Public Interest
Notice is hereby given that on March 31, 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 only.
Carbon and Alloy Seamless, Standard Line, and Pressure Pipe From Japan and Romania; 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 orders on carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has found no violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The investigation is terminated.
Certain Dermatological Treatment Devices and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 1, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Serendia, LLC of Lake Forest, California. Supplements were filed on March 2, 13 and 14, 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 dermatological treatment devices and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,480,836 (``the '836 Patent''); U.S. Patent No. 10,058,379 (``the '379 Patent''); U.S. Patent No. 11,406,444 (``the '444 Patent''); U.S. Patent No. 9,320,536 (``the '536 Patent''); U.S. Patent No. 9,775,774 (``the `` '774 Patent''); and U.S. Patent No. 10,869,812 (``the '812 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.
Fresh Garlic 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 fresh garlic from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Hardwood Plywood From China; 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 antidumping duty and countervailing duty orders on hardwood plywood from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Biodiesel From Argentina and Indonesia; 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 antidumping duty and countervailing duty orders on biodiesel from Argentina and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Foundry Coke 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 foundry coke 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.
Steel Wire Garment Hangers From Taiwan and Vietnam; 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 duty orders on steel wire garment hangers from Taiwan and Vietnam and the countervailing duty order on steel wire garment hangers from Vietnam 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.
Carton-Closing Staples 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 carton- closing staples 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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