Federal Register - March 8, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices
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 at https www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S.
International Trade Commission, telephone 202 2052560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the Commissions Rules of Practice and Procedure, 19 CFR 210.10 2020.
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 2, 2021, ordered that 1 Pursuant to subsection b of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection a1B of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph 2 by reason of infringement of one or more of claims 6
and 8 of the 679 patent; claims 1820
of the 326 patent; claims 12 and 1618
of the 120 patent; and whether an industry in the United States exists as required by subsection a2 of section 337;
2 Pursuant to section 210.10b1 of the Commissions Rules of Practice and Procedure, 19 CFR 210.10b1, the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is LTE-compliant cellular phones, tablets, and smartwatches;
3 Pursuant to Commission Rule 210.50bl, 19 CFR 210.50b1, the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337dl, f1, g1;
4 For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
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a The complainant is: Evolved Wireless, LLC, 900 S Capital of Texas Highway, Suite 150, Austin, TX 78746.
b The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
Samsung Electronics Co., Ltd., 129, Samseong-Ro, Yoeongtong-Gu, Suwon-Si, Gyeonngi-Do 16677, Republic of Korea Samsung Electronics America, Inc., 85
Challenger Road, Ridgefield Park, NJ
076602118
Motorola Mobility LLC, 222 W
Merchandise Mart Plaza, Suite 1800, Chicago, Illinois 60654
c The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and 5 For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commissions Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16e and 210.13a, as amended in 85 FR 15798 March 19, 2020, such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.
Issued: March 2, 2021.
By order of the Commission.
Lisa Barton, Secretary to the Commission.
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Investigation No. 731TA1472 Final
Difluoromethane R32 From China Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission Commission determines, pursuant to the Tariff Act of 1930 the Act, that an industry in the United States is materially injured by reason of imports of difluoromethane R32 from China, provided for in subheadings 2903.39.20
and 3824.78.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce Commerce to be sold in the United States at less than fair value LTFV.2
Background The Commission instituted this investigation effective January 23, 2020, following receipt of a petition filed with the Commission and Commerce by Arkema, Inc., King of Prussia, Pennsylvania. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of R32 from China were being sold at LTFV within the meaning of section 733b of the Act 19 U.S.C. 1673bb. Notice of the scheduling of the final phase of the Commissions investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 9, 2020 85 FR
55688. Subsequently, the Commission cancelled its previously scheduled hearing following the withdrawal of petitioners request to appear at the hearing 86 FR 6670, January 22, 2021.
The Commission made this determination pursuant to 735b of the Act 19 U.S.C. 1673db. It completed and filed its determination in this investigation on March 2, 2021. The views of the Commission are contained in USITC Publication 5165 March 2021, entitled Difluoromethane R32
from China: Investigation No. 731TA
1472 Final.
By order of the Commission.
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INTERNATIONAL TRADE
COMMISSION
1 The record is defined in 207.2f of the Commissions Rules of Practice and Procedure 19
CFR 207.2f.
2 86 FR 5136 January 19, 2021.
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