International Trade Commission – Federal Register Recent Federal Regulation Documents

Following receipt on April 7, 2020, of a request from the House Committee on Ways and Means and the Senate Committee on Finance (the Committees), under section 332(g) of the Tariff Act of 1930, the U.S. International Trade Commission (Commission) instituted Investigation No. 332-576, COVID-19 Related Goods: U.S. Imports and Tariffs, for the purpose of providing a report that identifies imported goods related to the response to COVID-19, their source countries, tariff classifications, and applicable rates of duty.

Notice is hereby given that the U.S. International Trade Commission has determined not to review a remand initial determination (``RID'') issued by the presiding administrative law judge (``ALJ'') in the above-captioned investigation granting a motion for summary determination regarding whether certain redesigns infringe the asserted patents. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding.

Notice is hereby given that the U.S. International Trade Commission has postponed, to dates to be determined, the public hearing and filing dates for written submissions in Investigation No. 332-575, Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries due to COVID- 19.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 11, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of EMD Serono, Inc. of Rockland, Massachusetts. A supplement and amendment to the complaint was filed on March 27, 2020. 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 in vitro fertilization products, components thereof, and products containing same (collectively, ``Gray Market IVF Products'') by reason of infringement of certain U.S. Trademark Registration No. 4,689,651; U.S. Trademark Registration No. 1,772,761; U.S. Trademark Registration No. 3,777,170; U.S. Trademark Registration No. 3,389,332; U.S. Trademark Registration No. 3,816,320; U.S. Trademark Registration No. 1,972,079; U.S. Trademark Registration No. 3,604,207; and U.S. Trademark Registration No. 3,185,427 (collectively, ``Registered Marks''); unfair methods of competition and unfair acts in the importation and sale of Gray Market IVF Products by reason of false designation of source, and; unfair methods of competition and unfair acts in the importation and sale of the Gray Market IVF Products by reason of false advertising. The complaint, as supplemented and amended, further alleges that an industry in the United States exists and that alleged violations threaten to destroy or substantially injure an industry in the United States, as required by the applicable Federal Statutes. 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 order, and cease and desist orders.

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 order on steel concrete reinforcing bar from Mexico and the countervailing duty order on steel concrete reinforcing bar from Turkey 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 found no violation of section 337 of the Tariff Act of 1930, as amended. The investigation is hereby terminated.

Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, Components Thereof, and Products Containing the Same, DN 3432; 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 February 18, 2020, the presiding administrative law judge (``ALJ'') issued an Initial Determination on Violation of Section 337 in the above-captioned investigation. On April 3, 2020, the ALJ issued a Recommended Determination on Remedy and Bond. 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. Parties are to file public interest submissions pursuant to Commission rules.

Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order (``LEO'') against infringing products from Ningbo Huadian Cross Country Automobile Accessories Co., Ltd. (``Ningbo'') of Ningbo, China and a cease and desist order (``CDO'') against Ningbo. The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 2, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of L&L Candle Company LLC of Brea, California, and Sotera Tschetter, Inc. of St. Paul, Minnesota. Supplements to the complaint were filed on March 18 and 20, 2020. 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 electronic candle products and components thereof by reason of infringement of certain claims of United States Patent Nos. 8,550,660 (``the '660 patent''), 9,366,402 (``the '402 patent''), 9,512,971 (``the '971 patent''), 9,523,471 (``the '471 patent''), and 10,533,718 (``the '718 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701-TA-644 and 731-TA-1494 (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 non-refillable steel cylinders from China, provided for in subheadings 7310.29.00 and 7311.00.00 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 May 11, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 18, 2020.

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 countervailing and antidumping duty orders on oil country tubular goods (``OCTG'') 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.

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined not to review an initial determination (``ID'') (Order No. 36) terminating Direct Technologies International, Inc. on the basis of consent order. The Commission has determined to issue a consent order. The Commission has further determined to find that the complainants' declaration seeking immediate relief against certain respondents previously found to be in default is moot. The Commission also requests written submissions from the complainants, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding concerning certain respondents found in default.

The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-643 and 731-TA-1493 (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 small vertical shaft engines from China, provided for in subheadings 8407.90.10, 8409.91.99, 8433.11.00, 8424.30.90, and 8407.90.90, 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 May 4, 2020. The Commission's views must be transmitted to Commerce within five business days thereafter, or by May 11, 2020.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 21, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Corning Optical Communications LLC of Charlotte, North Carolina. Supplements to the complaint were filed on March 2, 2020, March 11, 2020, and March 13, 2020. 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-density fiber optic equipment and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,020,320 (``the '320 patent''); U.S. Patent No. 8,712,206 (``the '206 patent''); U.S. Patent No. 10,120,153 (``the '153 patent''); U.S. Patent No. 10,094,996 (``the '996 patent''); and U.S. Patent No. 10,444,456 (``the '456 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

As required by the American Manufacturing Competitiveness Act of 2016, the Commission is publishing notice that comments received from the public on previously submitted petitions for duty suspensions and reductions are now available for public viewing on the Commission's website.

The United States International Trade Commission (Commission) provides notice that, to address concerns related to COVID-19, it is temporarily waiving certain of the Commission's rules that require the filing of paper copies, CD-ROMs, and other physical media, and amending certain of the Commission's rules that allow only for paper filing of certain documents in import injury investigations.

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigations Nos. 731-TA-1455 and 731-TA- 1457 (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 polyethylene terephthalate (PET) sheet from Korea and Oman, provided for in subheading 3920.62.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be sold at less-than-fair-value.

Notice is hereby given that the U.S. International Trade Commission has determined to postpone all in-person hearings under section 337 of the Tariff Act of 1930 scheduled to take place within the next 60 days.

Notice is hereby given that the presiding administrative law judge has issued an Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond 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. Parties are to file public interest submissions pursuant to Commission rules.

The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine whether termination of the suspension investigation on sugar from Mexico would be likely to lead to continuation or recurrence of material injury.