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Notice Concerning Final Initial Determination and Recommended Determination No. 714050

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 714050-1 (U.S.I.T.C. Jul. 7, 2020)
Notice On July 6, 2020, the administrative law judge issued the Final Initial Determination (“ID”) on the question of violation of section 337 (19 U.S.C. § 1337).
As explained in the ID, the administrative law judge determined that a violation of section 337 has occurred by reason of misappropriation of trade secrets.
A public version of the ID will be available within 30 days.
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F.R. Notice of Commission Final Determination of a Violation of Section 337; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation No. 713478

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713478-1 (U.S.I.T.C. Jun. 26, 2020)
85, No. 124/ Friday, June 26, 2020/ Notices SUPPLEMENTARY INFORMATION: In light of the ongoing concerns regarding Coronavirus (COVID—19), the District of Columbia, the State of Maryland, and the Commonwealth of Virginia recently began measures for a phased reopening of the region.
SUPPLEMENTARY INFORMATION: On February 12, 2019, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based on a complaint filed by Complainant BIC of Shelton, Connecticut.
The notice of investigation names numerous respondents, including Milan of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan City, China (collectively, “Defaulting Respondents”).
While temporary remote operating procedures are in place in response to COVID—19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service.
SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
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Extension of the Date for the Commission Determination on Whether to Review a Final Initial Determination No. 713349

Document Certain Dental and Orthodontic Scanners and Software, 337-1144, No. 713349-1 (U.S.I.T.C. Jun. 24, 2020)
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to extend the date by which it decides whether to review the final Initial Determination (“ID”) in the above-captioned investigation to July 28, 2020.
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.
General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov.
The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain dental and orthodontic scanners and software by reason of infringement of one or more claims of U.S. Patent Nos. 9,299,192; 7,077,647; 7,156,661; 9,848,958; and 8,102,538.
The presiding administrative law judge issued a final ID on April 30, 2030.
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Letter to Jordan Coyle regarding Transmittal of General Exclusion Order No. 713253

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713253-1 (U.S.I.T.C. Jun. 23, 2020)
June 23, 2020 Jordon L. Coyle, Esq. Orrick, Herrington & Sutcliffe, LLP Columbia Center Washington, DC 20005 Re: Exclusion Order in Certain Pocket Lighters, Inv. No. 337-TA-1142 Dear Mr. Coyle: On June 22, 2020, the Commission, having found a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the above-referenced investigation, issued a general exclusion order.
The exclusion order directs U.S. Customs and Border Protection to exclude certain pocket lighters from entry into the United States while the dress remains in force.
Trademark Registration Nos. 1,761,622 and 2,278,917 (collectively, “the Asserted Trade Dress Marks”).1 Having reviewed the record of this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding.
Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed entry of pocket lighters that include an oblong body which is elliptical in cross- 1 Copies of the registration certificates for the Asserted Trade Dress Marks are attached as Exhibits 1 and 2.
Pocket lighters that include an oblong body which is elliptical in cross-section, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe one or more of the Asserted Trade Dress Marks (“covered articles”) are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption except under license from, or with the permission of, the trademark owner or as provided by law, until such date as the Asserted Trade Dress Marks are abandoned, canceled, or rendered invalid or unenforceable.
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Letter to Jordan Coyle regarding Transmittal of General Exclusion Order No. 713253

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713253-1 (U.S.I.T.C. Jun. 23, 2020)
June 23, 2020 Jordon L. Coyle, Esq. Orrick, Herrington & Sutcliffe, LLP Columbia Center Washington, DC 20005 Re: Exclusion Order in Certain Pocket Lighters, Inv. No. 337-TA-1142 Dear Mr. Coyle: On June 22, 2020, the Commission, having found a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the above-referenced investigation, issued a general exclusion order.
The exclusion order directs U.S. Customs and Border Protection to exclude certain pocket lighters from entry into the United States while the dress remains in force.
Trademark Registration Nos. 1,761,622 and 2,278,917 (collectively, “the Asserted Trade Dress Marks”).1 Having reviewed the record of this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding.
Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed entry of pocket lighters that include an oblong body which is elliptical in cross- 1 Copies of the registration certificates for the Asserted Trade Dress Marks are attached as Exhibits 1 and 2.
Pocket lighters that include an oblong body which is elliptical in cross-section, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe one or more of the Asserted Trade Dress Marks (“covered articles”) are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption except under license from, or with the permission of, the trademark owner or as provided by law, until such date as the Asserted Trade Dress Marks are abandoned, canceled, or rendered invalid or unenforceable.
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Letters from Chairman Jason E. Kearns to the President of the United States, Robert E. Lighthizer, United States Trade Representative and Steven T. Mnuchin, Secretary of the Treasury Transmitting a General Exclusion Order and Cease and Desist Order No. 713224

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713224-1 (U.S.I.T.C. Jun. 22, 2020)
Washington, D.C. 20436 June 22, 2020 The Honorable Robert Lighthizer United States Trade Representative Washington, D.C. 20508 Dear Ambassador Lighthizer: In accordance with subsection (j) of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337) (“section 337”), and the July 21, 2005 Memorandum for the United States Trade Representative (70 Fed. Reg. 43251), I am transmitting to you and the President copies of the Commission’s general exclusion order and cease and desist order, as described below, and the record upon which the Commission based its determination.
SUPPLEMENTARY INFORMATION: On February 12, 2019, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based on a complaint filed by Complainant BIC of Shelton, Connecticut.
The notice of investigation names numerous respondents, including Milan of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan City, China (collectively, “Defaulting Respondents”).
While temporary remote operating procedures are in place in response to COVID-19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service.
For the purposes of determining or securing compliance with this Order and for no other purpose, subject to any privilege recognized by the federal courts of the United States, and upon reasonable written notice by the Commission or its staff, duly authorized representatives of the Commission shall be permitted access and the right to inspect and copy, in Respondent’s principal offices during office hours, and in the presence of counsel or other representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, memoranda, and other records and documents, in detail and in summary form, that must be retained under subparagraph VI(A) of this Order.
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General Exclusion Order No. 713113

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713113-1 (U.S.I.T.C. Jun. 22, 2020)
Trademark Registration Nos. 1,761,622 and 2,278,917 (collectively, “the Asserted Trade Dress Marks”).1 Having reviewed the record of this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding.
Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed entry of pocket lighters that include an oblong body which is elliptical in cross-
The Commission has also determined that the public interest factors enumerated in 19 U.S.C. § 1337(d)(1) do not preclude the issuance of the general exclusion order.
Pocket lighters that include an oblong body which is elliptical in cross-section, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe one or more of the Asserted Trade Dress Marks (“covered articles”) are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption except under license from, or with the permission of, the trademark owner or as provided by law, until such date as the Asserted Trade Dress Marks are abandoned, canceled, or rendered invalid or unenforceable.
Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry into the United States for consumption, entry for consumption from a foreign- trade zone, or withdrawal from a warehouse for consumption under bond in the amount of one hundred (100) percent of the entered value of the products pursuant to subsection (j) of Section 337 (19 U.S.C. § 1337(j)) and the Presidential Memorandum for the United States Trade Representative of July 21, 2005 (70 Fed. Reg. 43251), from the day after this Order is received by the United States Trade Representative until such time as the United States Trade Representative notifies the Commission that this Order is approved or disapproved but, in any event, not later than sixty (60) days after the date of receipt of this Order.
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Commission Determination Extending the Date for the Commission's Decision on Whether to Review the Final Initial Determination No. 713153

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713153-1 (U.S.I.T.C. Jun. 22, 2020)
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.
General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-1148, Certain Integrated Circuits and Products Containing the Same under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”) on March 15, 2019, based on a complaint filed by Tela Innovations, Inc. of Los Gatos, California (“Tela”).
The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,943,966 (“the ’966 patent”); 7,948,012 (“the ’012 patent”); 10,141,334 (“the ’334 patent”); 10,141,335 (“the ’335 patent”); and 10,186,523 (“the ’523 patent”).
The notice of investigation names as respondents Acer, Inc. of New Taipei City, Taiwan; Acer America Corporation of San Jose, California; AsusTek Computer Inc. of Taipai, Taiwan; Asus Computer International of Fremont, California; Intel Corporation of Santa Clara, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Micro-Star International Co., Ltd. of New Taipei City, Taiwan; and MSI
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Cease and Desist Order for Milan Import Export Company, LLC No. 713112

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713112-1 (U.S.I.T.C. Jun. 22, 2020)
“Person” shall mean an individual, or any non-governmental partnership, firm, association, corporation, or other legal or business entity other than Respondent or its majority-owned or controlled subsidiaries, successors, or assigns.
For the purpose of securing compliance with this Order, Respondent shall retain any and all records relating to the sale, offer for sale, marketing, or distribution in the United States of covered products, made and received in the usual and ordinary course of business, whether in detail or in summary form, for a period of three (3) years from the close of the fiscal year to which they pertain.
For the purposes of determining or securing compliance with this Order and for no other purpose, subject to any privilege recognized by the federal courts of the United States, and upon reasonable written notice by the Commission or its staff, duly authorized representatives of the Commission shall be permitted access and the right to inspect and copy, in Respondent’s principal offices during office hours, and in the presence of counsel or other representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, memoranda, and other records and documents, in detail and in summary form, that must be retained under subparagraph VI(A) of this Order.
The bond and any accompanying documentation are to be provided to and approved by the Commission prior to the commencement of conduct that is otherwise prohibited by section III of this Order.
The bond is to be forfeited in the event that the United States Trade Representative approves this Order (or does not disapprove it within the review period), unless (i) the U.S. Court of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the products subject to this bond and provides certification to that effect that is satisfactory to the Commission.
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Commission Determination Extending the Date for the Commission's Decision on Whether to Review the Final Initial Determination No. 713153

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713153-1 (U.S.I.T.C. Jun. 22, 2020)
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.
General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-1148, Certain Integrated Circuits and Products Containing the Same under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”) on March 15, 2019, based on a complaint filed by Tela Innovations, Inc. of Los Gatos, California (“Tela”).
The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,943,966 (“the ’966 patent”); 7,948,012 (“the ’012 patent”); 10,141,334 (“the ’334 patent”); 10,141,335 (“the ’335 patent”); and 10,186,523 (“the ’523 patent”).
The notice of investigation names as respondents Acer, Inc. of New Taipei City, Taiwan; Acer America Corporation of San Jose, California; AsusTek Computer Inc. of Taipai, Taiwan; Asus Computer International of Fremont, California; Intel Corporation of Santa Clara, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Micro-Star International Co., Ltd. of New Taipei City, Taiwan; and MSI
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Letters from Chairman Jason E. Kearns to the President of the United States, Robert E. Lighthizer, United States Trade Representative and Steven T. Mnuchin, Secretary of the Treasury Transmitting a General Exclusion Order and Cease and Desist Order No. 713224

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713224-1 (U.S.I.T.C. Jun. 22, 2020)
Washington, D.C. 20436 June 22, 2020 The Honorable Robert Lighthizer United States Trade Representative Washington, D.C. 20508 Dear Ambassador Lighthizer: In accordance with subsection (j) of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337) (“section 337”), and the July 21, 2005 Memorandum for the United States Trade Representative (70 Fed. Reg. 43251), I am transmitting to you and the President copies of the Commission’s general exclusion order and cease and desist order, as described below, and the record upon which the Commission based its determination.
SUPPLEMENTARY INFORMATION: On February 12, 2019, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based on a complaint filed by Complainant BIC of Shelton, Connecticut.
The notice of investigation names numerous respondents, including Milan of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan City, China (collectively, “Defaulting Respondents”).
While temporary remote operating procedures are in place in response to COVID-19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service.
For the purposes of determining or securing compliance with this Order and for no other purpose, subject to any privilege recognized by the federal courts of the United States, and upon reasonable written notice by the Commission or its staff, duly authorized representatives of the Commission shall be permitted access and the right to inspect and copy, in Respondent’s principal offices during office hours, and in the presence of counsel or other representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, memoranda, and other records and documents, in detail and in summary form, that must be retained under subparagraph VI(A) of this Order.
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General Exclusion Order No. 713113

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713113-1 (U.S.I.T.C. Jun. 22, 2020)
Trademark Registration Nos. 1,761,622 and 2,278,917 (collectively, “the Asserted Trade Dress Marks”).1 Having reviewed the record of this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding.
Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed entry of pocket lighters that include an oblong body which is elliptical in cross-
The Commission has also determined that the public interest factors enumerated in 19 U.S.C. § 1337(d)(1) do not preclude the issuance of the general exclusion order.
Pocket lighters that include an oblong body which is elliptical in cross-section, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe one or more of the Asserted Trade Dress Marks (“covered articles”) are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption except under license from, or with the permission of, the trademark owner or as provided by law, until such date as the Asserted Trade Dress Marks are abandoned, canceled, or rendered invalid or unenforceable.
Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry into the United States for consumption, entry for consumption from a foreign- trade zone, or withdrawal from a warehouse for consumption under bond in the amount of one hundred (100) percent of the entered value of the products pursuant to subsection (j) of Section 337 (19 U.S.C. § 1337(j)) and the Presidential Memorandum for the United States Trade Representative of July 21, 2005 (70 Fed. Reg. 43251), from the day after this Order is received by the United States Trade Representative until such time as the United States Trade Representative notifies the Commission that this Order is approved or disapproved but, in any event, not later than sixty (60) days after the date of receipt of this Order.
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Commission Determination Not to Review an Initial Determination Extending the Target Date No. 713051

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 713051-1 (U.S.I.T.C. Jun. 19, 2020)
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.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on March 6, 2019, based on a complaint filed by Medytox Inc. of Seoul, South Korea; Allergan plc of Dublin, Ireland; and Allergan, Inc. of Irvine, California.
The notice of investigation named as respondents Daewoong Pharmaceuticals Co., Ltd. of Seoul, South Korea and Evolus, Inc. of Irvine, California.
On March 12, 2019, the presiding ALJ issued an order setting the target date for completion of the investigation on May 29, 2020.
On June 1, 2020, the presiding ALJ issued the subject ID (Order No. 41), extending the target date from October 6, 2020 to November 6, 2020.
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Granting Respondents' Motion to Reopen the Record No. 711948

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 711948-1 (U.S.I.T.C. Jun. 4, 2020)
Order No. 40 On April 29, 2020, pursuant to 19 C.F.R. §§ 210.37, 38, and 42(g), respondents Daewoong Pharmaceuticals Co., Ltd. and Evolus, Inc. filed their “Motion to Re-Open the Record to Admit Official Korean Government Documents Reflecting Criminal Indictments Against Medytox and Revocations of Approval for Its Products, and for Judicial Notice of Such Facts,” and a memorandum in support thereof.
At any time prior to the filing of the initial determination, the administrative law judge may reopen the proceedings for the reception of additional evidence.
In Order No. 39, the administrative law judge ruled on complainants’ motion to reopen the record to admit certain deposition testimony and in the alternative to overrule respondents’ objections to certain 30(b)(6)-style designations.
The administrative law judge finds that judicial notice is the appropriate standard by which the Korean government documents contained in Motion Exhibits A though D should be considered.
Attached to respondents’ motion are additional exhibits that, respondents argue, “are also appropriate for admission into the evidentiary record, to the extent that the ALJ finds it necessary in order to build a complete record.” Id. at n.2.
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Initial Determination Extending the Target Date No. 711584

Document Certain Miniature Plug-In Blade Fuses, 337-114, No. 711584-1 (U.S.I.T.C. Jun. 1, 2020)
Order No. 41 (Initial Determination) By publication of a notice in the Federal Register on March 6, 2019, pursuant to section 337 of the Tariff Act of 1930, as amended, the Commission instituted this investigation to determine: [W]hether there is a violation of subsection (a)(1)(A) 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 misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry in the United States.
On August 16, 2019, the administrative law judge issued an unreviewed initial determination extending the target date to October 6, 2020, which is 19 months after institution of the investigation, thus making the final initial determination on alleged violation of section 337 due on June 5, 2020.
Since the close of the evidentiary hearing the record has been reopened, most recently to receive four documents, and to permit briefing thereon by June 3, 2020.
Moreover, since mid-March, during deliberations and the writing of the final initial determination, work has unexpectedly shifted to an exclusively remote environment.
That has required the administrative law judge and his staff to address several complications, some of a technological nature.
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