Notice2024-29906
Certain Components for Injection Molding Machines, and Products Containing the Same; Notice of Institution of Investigation
Primary source
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Published
December 18, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 12, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Husky Injection Molding Systems LTD. of Canada and Husky Injection Molding Systems, Inc. of Milton, Vermont. Husky filed a supplemental complaint on November 29, 2024, and subsequently refiled the same "supplemental" complaint as an amended complaint on December 2, 2024. The amended complaint, 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 components for injection molding machines, and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 9,713,891 ("the '891 patent"); U.S. Patent No. 11,794,375 ("the '375 patent"); U.S. Patent No. 10,093,053 ("the '053 patent"); U.S. Patent No. 8,834,149 ("the '149 patent"); and U.S. Patent No. 7,645,132 ("the '132 patent"). The amended 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 limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 243 (Wednesday, December 18, 2024)</title>
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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102953-102954]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29906]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1427]
Certain Components for Injection Molding Machines, and Products
Containing the Same; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 12, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Husky Injection
Molding Systems LTD. of Canada and Husky Injection Molding Systems,
Inc. of Milton, Vermont. Husky filed a supplemental complaint on
November 29, 2024, and subsequently refiled the same ``supplemental''
complaint as an amended complaint on December 2, 2024. The amended
complaint, 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 components for injection
molding machines, and products containing the same by reason of the
infringement of certain claims of U.S. Patent No. 9,713,891 (``the '891
patent''); U.S. Patent No. 11,794,375 (``the '375 patent''); U.S.
Patent No. 10,093,053 (``the '053 patent''); U.S. Patent No. 8,834,149
(``the '149 patent''); and U.S. Patent No. 7,645,132 (``the '132
patent''). The amended 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 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#eca9a8a5bfdfa489809cac999f85988fc28b839a"><span class="__cf_email__" data-cfemail="da9f9e9389e992bfb6aa9aafa9b3aeb9f4bdb5ac">[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: Susan Orndoff, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 12, 2024, 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 1-2, 4, and 6-8 of the '891 patent; 1-3, 5-15, and 17-21 of the
'375 patent; claims 1-4, 6, and 8-10 of the '053 patent; claims 1-9 and
18 of the '149 patent; and claims 1-4, 7, 10-12, 14-19, 21-24, and 26
of the '132 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 ``mold products,
cavity insert products, and molding apparatus products for injection
molding machines, components for injection
[[Page 102954]]
molding machines and products containing the same'';
(3) 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:
Husky Injection Molding Systems LTD., 500 Queen Street South, Bolton,
Ontario, Canada L7E 5S5
Husky Injection Molding Systems, Inc., 288 North Road, Milton, VT, USA,
05468
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
NINGBO AO SHENG MOLD CO., LTD., d/b/a AOSIMI, No. 8 Xingde Rd. Ditang
Ave. YuYao, Zhejiang 315480, China
(4) 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 respondent 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 the 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: December 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-29906 Filed 12-17-24; 8:45 am]
BILLING CODE 7020-02-P
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