Notice2021-18932
Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same; Notice of Institution of Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 9, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Copan Italia S.p.A. of Brescia, Italy and Copan Industries, Inc. of Aguadilla, Puerto Rico. Supplements to the Complaint were filed on August 16, 2021, August 19, 2021, and August 20, 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 flocked swabs, products containing flocked swabs, and methods of using same by reason of infringement of certain claims of U.S. Patent No. 9,011,358 ("the '358 Patent"); U.S. Patent No. 9,173,779 ("the '779 Patent"); and U.S. Patent No. 10,327,741 ("the '741 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49343-49344]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18932]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1279]
Certain Flocked Swabs, Products Containing Flocked Swabs, and
Methods of Using Same; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 9, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of Copan Italia S.p.A.
of Brescia, Italy and Copan Industries, Inc. of Aguadilla, Puerto Rico.
Supplements to the Complaint were filed on August 16, 2021, August 19,
2021, and August 20, 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 flocked swabs, products containing flocked
swabs, and methods of using same by reason of infringement of certain
claims of U.S. Patent No. 9,011,358 (``the '358 Patent''); U.S. Patent
No. 9,173,779 (``the '779 Patent''); and U.S. Patent No. 10,327,741
(``the '741 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.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#2d6869647e1e6548415d6d585e44594e034a425b"><span class="__cf_email__" data-cfemail="f3b6b7baa0c0bb969f83b386809a8790dd949c85">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained 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 at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 27, 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 (a)(1)(B) 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 1, 6-9, 11-14, 16-19, and 21-22 of the '358 patent; claims 1, 4-
6, 8, 9, 11-13, 16-20, and 22-24 of the '779 patent; and claims 1, 3,
5, 7-10, 18, and 20 of the '741 patent; and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``flocked swabs, such
as nasopharyngeal swabs, and kits containing flocked swabs, that are
used in the collection, sampling, or testing of and for infectious
diseases such as influenza, SARS-CoV-2 (the coronavirus that causes
COVID-19), and other diseases'';
(3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and 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. 1337(d)(1),
(f)(1), (g)(1);
(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:
(a) The complainants are:
Copan Italia S.p.A., Via F. Perotti 10, 25125, Brescia, Italy
Copan Industries, Inc., 1068 Ave. General Ramey, #789 San Antonio,
Puerto Rico 00690
(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:
Han Chang Medic, 79-35 Jangsan 2-Gil, Susin-Myeon, Dongnam-Gu, Cheonan,
Chungnam, 31252, Republic of Korea
Wuxi NEST Biotechnology Co., Ltd., No. 530, Xida Road, Meicun
Industrial Park, Xinwu District, Wuxi, Jiangsu, 214112, China
NEST Scientific Inc., 1592 Hart St Unit 12, Rahway, NJ 07065-5519
NEST Scientific USA, 1592 Hart St Unit 12, Rahway, NJ 07065-5519
Miraclean Technology Co., Ltd., 301, Bldg. A, No. 18 Factory Building,
[[Page 49344]]
Rongshuxa Industrial Zone, Tongxin Community, Baolong Str., Longgang
Dist., Shenzhen, Guangdong, 518116, China
Vectornate Korea Ltd., 56 Nanosandan 2-ro, Jinwon-myeon, Jangseong,
Jeonnam, 57247, Republic of Korea
Vectornate USA, Inc., 10 Industrial Ave Ste 4, Mahwah, NJ 07430-2284
Innovative Product Brands, Inc., 7045 Palm Avenue, Highland, CA 92346-
3291
Thomas Scientific, Inc., 1654 High Hill Rd, Swedesboro, NJ 08085-1780
Thomas Scientific, LLC, 1654 High Hill Rd, Swedesboro, NJ 08085-1780
Stellar Scientific, LLC, 40 New Plant Ct, Owings Mills, MD 21117-4356
Cardinal Health, Inc., 7000 Cardinal Pl, Dublin, OH 43017-1091
Ksl Biomedical, Inc., 1000 Youngs Rd Ste 210, Williamsville, NY 14221-
2644
Ksl Diagnostics, Inc., 1000 Youngs Rd Ste 207, Williamsville, NY 14221-
2644
Jiangsu Changfeng Medical Industry Co., Ltd., Seat of Touqiao Town,
Guangling District, Yangzhou, Jiangsu, 225108, China
No Borders Dental Resources, Inc., dba MediDent Supplies, 18716 E Old
Beau Trl, Queen Creek, AZ 85142-3522
BioTeke Corporation (Wuxi) Co., Ltd., 4th Floor-A, D5, No. 1719,
Huishan Avenue, Wuxi, Jiangsu, 214174, China
Fosun Pharma USA Inc., 104 Carnegie Ctr Ste 204, Princeton, NJ 08540-
6232
Hunan Runmei Gene Technology Co., Ltd., Room 401, Building No. 3 in
ChangSha Medical and Health Industrial Park, No. 1048 Zhong Qing Road,
Kai Fu District, Changsha, Hunan, 410153, China
VWR International, LLC, 100 W Matsonford Rd Ste 1, Radnor, PA 19087-
4565
Slmp, LLC dba StatLab Medical Products, 2090 Commerce Dr., McKinney, TX
75069-8203
(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 Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), 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
complainants 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.
By order of the Commission.
Issued: August 27, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18932 Filed 9-1-21; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.