International Trade Commission December 2024 – Federal Register Recent Federal Regulation Documents

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-752 and 731-TA-1730 (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 active anode material from China, provided for in subheadings 2504.10.50, 3801.10.50, and 3801.90.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce ("Commerce") extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by February 3, 2025. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 10, 2025.

Since February 1991, the U.S. International Trade Commission ("Commission") has published in the Federal Register reports on the status of its practice with respect to breaches of its administrative protective orders ("APOs") under title VII of the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission's rules, including the rule on bracketing business proprietary information (the "24-hour rule") title 19 of the Code of Federal Regulations. This notice provides a summary of APO breach investigations completed during fiscal year 2024. This summary addresses APO breach investigations related to proceedings under both title VII and section 337 of the Tariff Act of 1930. The Commission intends for this summary to inform representatives of parties to Commission proceedings of the specific types of APO breaches before the Commission and the corresponding types of actions that the Commission has taken.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Mobile Electronic Devices, DN 3793; 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 the final phase of antidumping and countervailing duty investigation Nos. 701-TA-720 and 731-TA-1688 (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 ceramic tile from India, provided for in subheadings 6907.21.10, 6907.21.20, 6907.21.30, 6907.21.40, 6907.21.90, 6907.22.10, 6907.22.20, 6907.22.30, 6907.22.40, 6907.22.90, 6907.23.10, 6907.23.20, 6907.23.30, 6907.23.40, 6907.23.90, 6907.30.10, 6907.30.20, 6907.30.30, 6907.30.40, 6907.30.90, 6907.40.10, 6907.40.20, 6907.40.30, 6907.40.40, and 6907.40.90 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 institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-751 and 731-TA-1729 (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 erythritol from China, provided for in subheading 2905.49.40 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the government of China. 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 January 27, 2025. The Commission's views must be transmitted to Commerce within five business days thereafter, or by February 3, 2025.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 13, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Gavrieli Brands LLC of Culver City, California. An amended complaint was filed on November 20, 2024. A supplement to the amended complaint was filed on December 2, 2024. The complaint, as amended and 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 women's flats with colored outsoles thereof by reason of infringement of the claim of one or more of U.S. Design Patent No. D681,928 (the " '928 patent"), U.S. Design Patent No. D844,950 (the " '950 patent"), U.S. Design Patent No. D844,951 (the " '951 patent"), U.S. Design Patent No. D681,927 (the " '927 patent"), U.S. Design Patent No. D781,035 (the " '035 patent"), U.S. Design Patent No. D781,032 (the " '032 patent"), U.S. Design Patent No. D686,812 (the " '812 patent"), and U.S. Design Patent No. D688,853 (the " '853 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 flats with colored outsoles 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.

Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 60) of the presiding administrative law judge ("ALJ") granting a joint motion for termination of the investigation in its entirety based on arbitration. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Urine Splash Guards and Components Thereof, DN 3790; 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 4, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Cricut, Inc. of South Jordan, Utah. Supplements were filed on October 24, 2024, October 25, 2024, and October 29, 2024. 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 crafting machines and components thereof by reason of infringement of certain claims of U.S. Patent No. 11,208,758 ("the '758 patent"); U.S. Patent No. 11,905,646 ("the '646 patent"); U.S. Patent No. D893,563 ("the 'D563 patent"); U.S. Patent No. D910,724 ("the 'D724 patent"); U.S. Patent No. D926,237 ("the 'D237 patent"); and U.S. Patent No. D1,029,090 ("the 'D090 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complaint requests that the Commission institute an investigation pursuant to Section 337 and, after the investigation, issue a limited exclusion order with respect to the '758 Patent, the '646 Patent, and the 'D090 Patent; issue a general exclusion order, or in the alternative a limited exclusion order, with respect to the 'D563 Patent, the 'D724 Patent, and the 'D237 Patent; and issue cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Composite Intermediate Bulk Containers, DN 3789; 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 to review in part a final initial determination ("final ID") issued by the presiding administrative law judge ("ALJ") on September 24, 2024, finding a violation of section 337 in the above referenced investigation. The Commission requests written submissions from the parties on certain issues under review, as indicated in this notice, and 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 a complaint was filed with the U.S. International Trade Commission on October 23, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Trina Solar (U.S.), Inc. of Fremont, California; Trina Solar US Manufacturing Module 1, LLC of Wilmer, Texas; and Trina Solar Co., Ltd. of China. Supplements to the complaint were filed on November 8, 2024, and November 15, 2024. 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 TOPCon solar cells, modules, panels, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 9,722,104 ("the '104 patent") and U.S. Patent No. 10,230,009 ("the '009 patent"). The complaint further alleges that an industry in the United States exists 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.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 15) issued by the presiding chief administrative law judge ("CALJ") granting complainant JBS Hair, Inc.'s ("JBS Hair") motion for leave to amend the complaint and notice of investigation to add JMS Trading Corp. ("JMS Trading") of Buena Park, CA as a respondent to this investigation and to make several ministerial updates to the complaint.

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 and countervailing duty orders on steel racks from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 polyester textured yarn from China and India 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.

Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review a final initial determination ("ID") of the chief administrative law judge ("CALJ"), finding a violation of section 337 in this investigation. The Commission requests written submissions from the parties on the issues under review and 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. The Commission has also determined to extend the target date for completion of this investigation to February 13, 2025.