Notice2025-12783
Certain Composite Intermediate Bulk Containers; Notice of Commission Decision Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation
Primary source
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Published
July 10, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 12) of the presiding Chief Administrative Law Judge ("Chief ALJ") granting an unopposed motion to amend the complaint and notice of investigation to assert additional patent claims against two respondents.
Full Text
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<title>Federal Register, Volume 90 Issue 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Notices]
[Pages 30680-30681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12783]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1434]
Certain Composite Intermediate Bulk Containers; Notice of
Commission Decision Not To Review an Initial Determination Granting a
Motion To Amend the Complaint and Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 12) of the presiding Chief Administrative Law Judge
(``Chief ALJ'') granting an unopposed motion to amend the complaint and
notice of investigation to assert additional patent claims against two
respondents.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation 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#bbfefff2e888f3ded7cbfbcec8d2cfd895dcd4cd"><span class="__cf_email__" data-cfemail="31747578620279545d417144425845521f565e47">[email protected]</span></a>. 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>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 27, 2025, the Commission
instituted this investigation based on a complaint filed by Sch[uuml]tz
Container Systems, Inc. of North Branch, New Jersey and Protechna S.A.
of Fribourg, Switzerland (collectively, ``Complainants''). 90 FR 8222-
23 (Jan. 27, 2025). The complaint, as supplemented, alleged violations
of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), by reason of the infringement of certain claims of
U.S. Patent Nos. 9,718,581; 8,708,150 (``the '150 patent''); 8,919,562;
8,567,626; 9,004,310; and
[[Page 30681]]
8,276,299. Id. The Commission's notice of investigation named the
following respondents: Shandong Jinshan Jieyuan Container Co., Ltd. of
Zhengjiang City, China (``Jinshan''); Zibo Jielin Plastic Pipe
Manufacture Co. Ltd. of Zibo City, China (``Jielin''); Shanghai Sakura
Plastic Products Co., Ltd. (d/b/a Shanghai Yinghua Plastic Products
Co., LTD) of Shanghai, China (``Sakura''); and Hebei Shijiheng
Plastics, Co., Ltd. of Zhongjie Huanghua City, China (``Hebei Shijiheng
Plastics''). Id. The Office of Unfair Import Investigations was also
named as a party in the investigation. Id.
The Commission previously terminated the investigation as to
certain patent claims from the investigation based on withdrawal of the
complaint. See Order No. 9 (Apr. 2, 2025), unreviewed by Notice (Apr.
22, 2025). In addition, the complaint and notice of investigation have
been amended to change the address of Hebei Shijiheng Plastics. Order
No. 10 (May 9, 2025), unreviewed by Notice (May 28, 2025).
On May 20, 2025, Complainants filed a motion to amend the complaint
and notice of investigation to assert claims 1-3 and 5 of the '150
patent against respondent Jinshan and claims 1-3 of the '150 patent
against respondent Sakura. The respondents that have appeared in the
investigation (Jinshan, Jielin, and Sakura) did not oppose the motion,
subject to certain concerns about the procedural schedule in view of
the additional patent claims. Likewise, the Commission investigative
attorney supported the motion, subject to scheduling concerns.
The Chief ALJ conducted proceedings to resolve the scheduling
concerns and, on June 13, 2025, issued the subject ID pursuant to
Commission Rule 210.14(b), 19 CFR 210.14(b), granting the motion to
amend the complaint and notice of investigation. Order No. 12 at 3-4.
The ID finds that good cause exists for the amendments because
``Complainants learned of additional infringing product models
manufactured by Jinshan and Sakura after filing of the complaint.'' Id.
at 3.
No petitions for review of the subject ID were filed.
The Commission has determined not to review the subject ID.
The Commission's vote for this determination took place on July 7,
2025.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: July 7, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-12783 Filed 7-9-25; 8:45 am]
BILLING CODE 7020-02-P
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