International Trade Commission August 2023 – Federal Register Recent Federal Regulation Documents

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 and countervailing duty orders on fine denier polyester staple fiber (PSF) from China, India, 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.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof, DN 3691; 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 determined not to review an initial determination (``ID'') (Order No. 35) of the presiding Administrative Law Judge (``ALJ'') terminating the investigation in its entirety based on settlement. The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 12, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vicor Corporation of Andover, Massachusetts. A supplement to the complaint was filed on July 27, 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 power converter modules and computing systems containing the same by reason of the infringement of certain claims of U.S. Patent No. 9,166,481 (``the '481 patent''), U.S. Patent No. 9,516,761 (``the '761 patent''), and U.S. Patent No. 10,199,950 (``the '950 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 is hereby given that on August 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 determined to review in part a final initial determination (``FID'') issued by the Chief Administrative Law Judge (``CALJ''), finding a violation of section 337 as to U.S. Patent Nos. 11,076,735 (``the '735 patent'') and 11,071,428 (``the '428 patent'') and no violation of section 337 as to U.S. Patent Nos. 11,122,949 (``the '949 patent''), 10,820,769 (``the '769 patent''), and 11,096,541 (``the '541 patent''), in the above-captioned investigation. The Commission also requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.

Notice is hereby given that the U.S. International Trade Commission has determined to review an initial determination (``ID'') (Order No. 47) of the presiding Administrative Law Judge (``ALJ'') granting summary determination of invalidity based on obviousness-type double patenting. On review, the Commission affirms with modifications the ID's finding that the asserted claims of U.S. Patent No. 8,139,878 (``the '878 patent'') are invalid. The Commission takes no position as to the ID's findings with respect to the '238 patent, except to the extent those findings also support the ID's invalidity findings with respect to the '878 patent. Accordingly, the Commission terminates the investigation with a finding of no violation of section 337 of the Tariff Act of 1930, as amended (``section 337''). The investigation is terminated.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-693 and 731-TA-1629-1640 (Preliminary) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether there is a reasonable indication that 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 mattresses, provided for in subheadings 9404.21.00, 9404.29.10, and 9404.29.90 of the Harmonized Tariff Schedule of the United States, from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan that are alleged to be sold in the United States at less than fair value and imports of mattresses from Indonesia that are alleged to be subsidized by the Government of Indonesia. Unless the Department of Commerce (``Commerce'') extends the time for initiation, the Commission must reach preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by September 11, 2023. The Commission's views must be transmitted to Commerce within five business days thereafter, or by September 18, 2023.