International Trade Commission – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the Administrative Law Judge's (``ALJ'') final initial determination (``ID'') issued on March 16, 2021, finding no violation of section 337 in the above-referenced investigation. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice, and submissions from the parties, interested government agencies, and 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 institute a proceeding to determine whether to permanently rescind the Commission's limited exclusion order (``LEO'') and cease and desist order (``CDO'') issued in the above- captioned investigation. The LEO and the CDO are permanently rescinded. The rescission proceeding is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 13, 2021, on behalf of Dish DBS Corporation of Englewood, Colorado; Dish Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado. Supplements to the complaint were filed on April 29, 2021, and May 3, 2021. 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 fitness devices, streaming components thereof, and systems containing same by reason of infringement of certain claims of U.S. Patent No. 9,407,564 (``the '564 patent''); U.S. Patent No. 10,469,554 (``the '554 patent''); U.S. Patent No. 10,469,555 (``the '555 patent''); U.S. Patent No. 10,757,156 (``the '156 patent''); and U.S. Patent No. 10,951,680 (``the '680 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 has determined not to review an initial determination (``ID'') (Order No. 4) of the presiding administrative law judge (``ALJ'') granting an unopposed motion to amend the complaint and notice of investigation to substitute Johnson Controls Inc. for respondent Johnson Controls International, PLC.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Celanese International Corporation of Irving, Texas; Celanese (Malta) Company 2 Limited of Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, Texas. A supplement to the complaint was filed on April 22, 2021. 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 high-potency sweeteners, processes for making same, and products containing same by reason of infringement of certain claims of U.S. Patent No. 10,023,546 (``the '546 patent''); U.S. Patent No. 10,208,004 (``the '004 patent''); U.S. Patent No. 10,590,098 (``the '098 patent''); U.S. Patent No. 10,233,163 (``the '163 patent); and U.S. Patent No. 10,590,095 (``the '095 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 April 8, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Roku, Inc. of San Jose, California. A supplement to the complaint was filed on April 9, 2021, and an amended complaint was filed on April 27, 2021. The complaint, as supplemented and 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 televisions, remote controls, and components thereof by reason of infringement of one or more claims of U.S. Patent No. 8,378,875 (``the '875 patent'') and U.S. Patent No. 7,388,511 (``the '511 patent''). The amended 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 received a complaint entitled Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof, DN 3547; 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'') of the presiding Administrative Law Judge (``ALJ'') granting an unopposed motion of respondent Evolus, Inc. (``Evolus'') for the return of the bond it paid under the cease and desist order (``CDO'') during the period of Presidential review. The bond is returned to Evolus.

Notice is hereby given that on April 20, 2021, the presiding administrative law judge (``ALJ'') issued an Initial Determination on Violation of Section 337. On May 3, 2021, 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 only.

Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding and rescind the remedial orders issued in the underlying investigation, to grant the motion to limit service of the settlement agreement, and to deny as moot the motion to terminate the investigation. The Commission has further determined that if the Federal Circuit dismisses the pending appeals as moot, the Commission will vacate its final determination. The rescission proceeding is terminated.

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 and antidumping duty orders on carbazole violet pigment 23 from China and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Wearable Electronic Devices with ECG Capability and Components Thereof, DN 3545; 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 on March 23, 2021, 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.

Notice is hereby given that the presiding administrative law judge (``ALJ'') has 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 general exclusion order against certain electronic candle products and components thereof. This notice is soliciting comments from the public only.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 16, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of InMode Ltd. of Israel and Invasix Inc. d/b/a InMode of Lake Forest, California. Supplements to the complaint were filed on April 1 and April 5, 2021. 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 skin rejuvenation resurfacing devices, components thereof, and products containing the same by reason of infringement of a claim of U.S. Patent No. 10,799,285 (``the '285 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request 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 to issue an advisory opinion in the above- captioned investigation. The Commission also terminates the advisory opinion proceeding.

Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337. On review, the Commission has determined to affirm the final ID's finding of no violation of section 337. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same, DN 3543; 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. 15) of the presiding administrative law judge (``ALJ'') granting complainant and respondent's joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated.

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