Superabsorbent Polymers From South Korea; Institution of Anti-Dumping Duty Investigation and Scheduling of Preliminary Phase Investigation
| Published date | 10 November 2021 |
| Record Number | 2021-24535 |
| Section | Notices |
| Court | International Trade Commission |
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1574
(Preliminary)]
Superabsorbent Polymers From South
Korea; Institution of Anti-Dumping
Duty Investigation and Scheduling of
Preliminary Phase Investigation
AGENCY
: United States International
Trade Commission.
ACTION
: Notice.
SUMMARY
: The Commission hereby gives
notice of the institution of an
investigation and commencement of
preliminary phase antidumping duty
investigation No. 731–TA–1574
(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 superabsorbent polymers
from South Korea, provided for in
subheading 3906.90.50 of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value. Unless the Department of
Commerce (‘‘Commerce’’) extends the
time for initiation, the Commission
must reach a preliminary determination
in antidumping duty investigations in
45 days, or in this case by December 17,
2021. The Commission’s views must be
transmitted to Commerce within five
business days thereafter, or by
December 27, 2021.
DATES
: November 2, 2021.
FOR FURTHER INFORMATION CONTACT
:
Charles Cummings (202–708–1666),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION
:
Background.—This investigation is
being instituted, pursuant to section
733(a) of the Tariff Act of 1930 (19
U.S.C. 1673b(a)), in response to a
petition filed on November 2, 2021, by
the Ad Hoc Coalition of American SAP
Producers, whose members include
BASF Corporation, Florham Park, New
Jersey; Evonik Superabsorber LLC,
Greensboro, North Carolina; and Nippon
Shokubai America Industries, Inc.,
Pasadena, Texas.
For further information concerning
the conduct of this investigation and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and B (19 CFR part 207).
Participation in the investigation and
public service list.—Persons (other than
petitioners) wishing to participate in the
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§§ 201.11 and 207.10 of the
Commission’s rules, not later than seven
days after publication of this notice in
the Federal Register. Industrial users
and (if the merchandise under
investigation is sold at the retail level)
representative consumer organizations
have the right to appear as parties in
Commission antidumping duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to this investigation upon the expiration
of the period for filing entries of
appearance.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in this
investigation available to authorized
applicants representing interested
parties (as defined in 19 U.S.C. 1677(9))
who are parties to the investigation
under the APO issued in the
investigation, provided that the
application is made not later than seven
days after the publication of this notice
in the Federal Register. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Conference.— In light of the
restrictions on access to the Commission
building due to the COVID–19
pandemic, the Commission is
conducting the staff conference through
video conferencing on Tuesday,
November 23, 2021. Requests to appear
at the conference should be emailed to
preliminaryconferences@usitc.gov (DO
NOT FILE ON EDIS) on or before
Friday, November 19, 2021. Please
provide an email address for each
conference participant in the email.
Information on conference procedures
will be provided separately and
guidance on joining the video
conference will be available on the
Commission’s Daily Calendar. A
nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to participate by
submitting a short statement.
Please note the Secretary’s Office will
accept only electronic filings during this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov. No in-person paper-based
filings or paper copies of any electronic
filings will be accepted until further
notice.
Written submissions.—As provided in
§§ 201.8 and 207.15 of the
Commission’s rules, any person may
submit to the Commission on or before
November 29, 2021, a written brief
containing information and arguments
pertinent to the subject matter of the
investigation. Parties shall file written
testimony and supplementary material
in connection with their presentation at
the conference no later than noon on
Monday, November 22, 2021. All
written submissions must conform with
the provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to the investigation must be
served on all other parties to the
investigation (as identified by either the
public or BPI service list), and a
certificate of service must be timely
filed. The Secretary will not accept a
document for filing without a certificate
of service.
Certification.—Pursuant to § 207.3 of
the Commission’s rules, any person
submitting information to the
Commission in connection with this
investigation must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will acknowledge that any information
that it submits to the Commission
during this investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or related investigations or
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reviews, or (b) in internal investigations,
audits, reviews, and evaluations relating
to the programs, personnel, and
operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by
U.S. government employees and
contract personnel, solely for
cybersecurity purposes. All contract
personnel will sign appropriate
nondisclosure agreements.
Authority: This investigation is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to § 207.12 of the
Commission’s rules.
By order of the Commission.
Issued: November 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–24535 Filed 11–9–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1067 (Remand)]
Certain Road Milling Machines and
Components Thereof; Issuance of a
Modified Limited Exclusion Order and
Two Modified Cease and Desist
Orders; Termination of Remand
Investigation
AGENCY
: International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that,
following a remand from the U.S. Court
of Appeals for the Federal Circuit
(‘‘Federal Circuit’’), the U.S.
International Trade Commission has
determined to issue a modified limited
exclusion order (‘‘LEO’’) and modified
cease and desist orders (‘‘CDOs’’)
directed against respondents Caterpillar
Paving Products, Inc. and Caterpillar
Inc., respectively, and their affiliated
companies, parents, subsidiaries, or
other related business entities, or their
successors or assigns. The Commission
has terminated this investigation.
FOR FURTHER INFORMATION CONTACT
:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3115. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at http://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION
: The
Commission instituted this investigation
on August 25, 2017, based on a
complaint filed by Wirtgen America,
Inc. of Antioch, Tennessee (‘‘Wirtgen’’
or ‘‘Complainant’’). 82 FR 40595–96
(Aug. 25, 2017). The complaint alleges
a violation of section 337 by reason of
infringement of certain claims of U.S.
Patent Nos. 7,530,641 (‘‘the ’641
patent’’); 7,828,309 (‘‘the ’309 patent’’);
9,624,628 (‘‘the ’628 patent’’); 9,644,340
(‘‘the ’340 patent’’); and 9,656,530 (‘‘the
’530 patent’’). The notice of
investigation named as respondents
Caterpillar Prodotti Stradali S.r.L. of
Minerbio BO, Italy; Caterpillar Americas
CV of Geneva, Switzerland; Caterpillar
Paving Products, Inc. of Minneapolis,
Minnesota; and Caterpillar Inc., of
Peoria, Illinois (collectively,
‘‘Caterpillar,’’ or ‘‘Respondents’’) and
Caterpillar Bitelli SpA of Minerbio BO,
Italy. The Commission’s Office of Unfair
Import Investigations was named as a
party, but later withdrew from the
investigation. Commission Investigative
Staff’s Notice of Non-Participation (Oct.
31, 2017).
On April 27, 2018, the Commission
terminated the investigation as to the
’628 patent based on withdrawal of the
complaint allegations as to that patent.
See Order No. 30 (Mar. 27, 2018),
unreviewed by Notice (Apr. 27, 2018).
On January 18, 2018, the Commission
terminated respondent Caterpillar
Bitelli SpA based on the withdrawal of
the complaint as to that respondent. See
Order No. 11 (Dec. 19, 2017),
unreviewed by Notice (Jan. 18, 2018).
On October 1, 2018, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’)
finding that a violation of section 337
occurred in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation, of certain road milling
machines and components thereof that
infringed the asserted claims of the ’309
and ’530 patents, but found no violation
with respect to the ’641 and ’340
patents. See ID, Cover.
On April 17, 2019, the Commission
determined to review in part the final
ID. See 84 FR 16882–84 (Apr. 23, 2019).
In particular, the Commission
determined to review the final ID’s
findings and analysis pertaining to the
obviousness determinations with regard
to claims 26, 35, and 36 of the ’309
patent and, on review, found those
claims invalid as obvious under 35
U.S.C. 103. Id. at 16883. The
Commission affirmed the final ID’s
finding that asserted claims 10 and 29
of the ’309 Patent are not invalid. Id. at
16883. The Commission determined not
to review any of the final ID’s finding
relating to the ’340, ’641, and ’530
patents. See id.
On July 18, 2019, the Commission
found a violation of section 337 as to the
’309 and ’530 patents and determined
that the appropriate form of relief in this
investigation is: (1) An LEO prohibiting
the unlicensed entry of infringing road-
milling machines and components
thereof covered by one or more of claim
29 of the ’309 patent or claims 2, 5, 16,
or 23 of the ’530 patent that are
manufactured abroad for or on behalf of,
or imported by or on behalf of, any of
the Respondents or any of their
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns;
and (2) CDOs directed against
respondents Caterpillar Paving
Products, Inc. and Caterpillar Inc., and
their affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
See 84 FR 35690–91 (Jul. 24, 2019). The
Commission determined that the
remedial orders ‘‘should include an
exception for service and repair.’’
Comm’n Op. at 14, 23 (July 18, 2019).
Both Complainant and Respondents
timely appealed the Commission’s final
determination with the United States
Court of Appeals for the Federal Circuit.
On October 21, 2019, the Court
consolidated the two appeals. See
Caterpillar v. ITC (2019–1911, –2445),
Court Order at 2 (October 21, 2019).
On March 15, 2021, the Court issued
a non-precedential decision affirming
the Commission’s determination of a
Section 337 violation with respect to the
’530 and ’309 patents. Caterpillar
Prodotti Stradali S.R.L. v. International
Trade Commission, 2021 WL 960759
(Fed. Cir. 2021). The Court also reversed
and vacated the Commission’s finding,
adopted from the final ID, that Wirtgen
failed to prove the knowledge required
for inducement, and remanded as to the
’641 patent for further proceedings. Id.
at *5. The Court affirmed the
Commission’s finding, adopted from the
final ID, that Wirtgen had not shown use
in the United States of any imported
PM300 Series machine in a way that
would infringe the asserted claims of
the ’641 patent. Id. at *6. The Court’s
mandate issued on May 6, 2021,
returning jurisdiction to the
Commission.
Pursuant to the Court’s remand, the
Commission issued a Notice and Order
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