Notice2025-24000
Certain Composite Intermediate Bulk Containers; Notice of Commission Determination Not To Review Three Initial Determinations Terminating the Investigation With Respect to the Remaining Respondents Based on Consent Orders; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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Published
December 30, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review three initial determinations ("ID") (Order Nos. 20, 21, 22) issued by the presiding Chief Administrative Law Judge ("Chief ALJ") granting three separate unopposed motions to terminate, respectively, respondents Shanghai Sakura Plastic Products Co., Ltd. (d/b/a Shanghai Yinghua Plastic Products Co., Ltd.) of Shanghai, China ("Sakura"); Shandong Jinshan Jieyuan Container Co., Ltd. of Zhengjiang City, China ("Jinshan"); and Zibo Jielin Plastic Pipe Manufacture Co. Ltd. of Zibo City, China ("Jielin") from the investigation due to settlement agreements, consent order stipulations, and consent orders.
Full Text
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<title>Federal Register, Volume 90 Issue 246 (Tuesday, December 30, 2025)</title>
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[Federal Register Volume 90, Number 246 (Tuesday, December 30, 2025)]
[Notices]
[Pages 61164-61166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24000]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1434]
Certain Composite Intermediate Bulk Containers; Notice of
Commission Determination Not To Review Three Initial Determinations
Terminating the Investigation With Respect to the Remaining Respondents
Based on Consent Orders; Request for Written Submissions on Remedy, the
Public Interest, and Bonding
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 three initial determinations
(``ID'') (Order Nos. 20, 21, 22) issued by the presiding Chief
Administrative Law Judge (``Chief ALJ'') granting three separate
unopposed motions to terminate, respectively, respondents Shanghai
Sakura Plastic Products Co., Ltd. (d/b/a Shanghai Yinghua Plastic
Products Co., Ltd.) of Shanghai, China (``Sakura''); Shandong Jinshan
Jieyuan Container Co., Ltd. of Zhengjiang City, China (``Jinshan'');
and Zibo Jielin Plastic Pipe Manufacture Co. Ltd. of Zibo City, China
(``Jielin'') from the investigation due to settlement agreements,
consent order stipulations, and consent orders.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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#ca8f8e8399f982afa6ba8abfb9a3bea9e4ada5bc"><span class="__cf_email__" data-cfemail="185d5c514b2b507d7468586d6b716c7b367f776e">[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; 8,919,562; 8,567,626; 9,004,310;
and 8,276,299. Id. The Commission's notice of investigation named the
following respondents: Jinshan; Sakura; Jielin; and Hebei Shijiheng
Plastics, Co., Ltd., of Zhongjie Huanghua City, China (``Hebei
Shijiheng''). Id. The Office of Unfair Import Investigations (``OUII'')
was also named as a party in the investigation. Id.
On April 22, 2025, the Commission terminated the investigation as
to certain patent claims based on withdrawal of the complaint. See
Order No. 9 (Apr. 2, 2025), unreviewed by Notice (Apr. 22, 2025). In
addition, the Commission amended the complaint and notice of
investigation to change the address of Hebei Shijiheng to the address
where Hebei Shijiheng had been served with the complaint and notice of
investigation. Order No. 10 (May 9, 2025), unreviewed by Notice (May
28, 2025).
On July 7, 2025, the Commission amended 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. Order No. 12 (June 13, 2025), unreviewed by
[[Page 61165]]
Comm'n Notice (July 7, 2025). The Commission found 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.'' Order No. 12 at 3.
On July 7, 2025, the Commission found respondent Hebei Shijiheng in
default for failure to respond to the complaint and notice of
investigation or an order to show cause (Order No. 11) issued on June
2, 2025. Order No. 13 (June 17, 2025), unreviewed by Comm'n Notice
(July 7, 2025).
On September 11, 2025, Complainants filed a declaration pursuant to
section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c)
(19 CFR 210.16(c)) seeking immediate entry of relief against defaulting
respondent Hebei Shijiheng. Specifically, Complainants request a
limited exclusion order prohibiting entry into the United States of
Hebei Shijiheng's infringing articles. Complainants also request that
the Commission set a bond of one hundred percent (100%) of the entered
value of the infringing articles during the period of Presidential
review.
On November 18, 2025, Complainants and respondents Sakura, Jinshan,
and Jielin filed respective joint unopposed motions to terminate the
investigation with respect to those respondents based on a settlement
agreement, consent order, and consent order stipulation. On November
28, 2025, OUII filed responses in support of granting the three joint
motions. No other party filed a response to any of the three motions.
On December 8, 2025, the presiding Chief ALJ issued the three
subject IDs (Order Nos. 20, 21, and 22) granting the unopposed motions
to terminate Sakura, Jinshan, and Jielin, respectively, from the
investigation. See Order No. 20 (Dec. 8, 2025) (terminating Sakura);
Order No. 21 (Dec. 8, 2025) (terminating Jinshan); Order No. 22 (Dec.
8, 2025) (terminating Jielin). The IDs each find, respectively, that
the proposed consent order stipulations and consent orders conform to
Commission Rule 210.21(c)(3), (4) (19 CFR 210.21(c)(3), (4)). The IDs
also find, respectively, that the statutory public interest factors do
not weigh against entry of the proposed consent orders.
No party filed a petition for review of any of the three subject
IDs.
The Commission has determined not to review any of the three
subject IDs (Order Nos. 20, 21, 22). Accordingly, consent orders are
issued to respondents Sakura, Jinshan, and Jielin, and this
investigation is terminated with respect to remaining active
respondents. As noted above, respondent Hebei Shijiheng was previously
found in default.
In connection with the final disposition of this investigation as
to defaulting respondent Hebei Shijiheng, the statute authorizes
issuance of: (1) an exclusion order that could result in the exclusion
of the subject articles from entry into the United States, and/or (2) a
cease and desist order that could result in the respondent being
required to cease and desist from engaging in unfair acts in the
importation and sale of such articles. Accordingly, the Commission is
interested in receiving written submissions that address the form of
remedy, if any, that should be ordered. If a party seeks exclusion of
an article from entry into the United States for purposes other than
entry for consumption, the party should so indicate and provide
information establishing that activities involving other types of entry
either are adversely affecting it or likely to do so. For background,
see Certain Devices for Connecting Computers via Telephone Lines, Inv.
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December
1994).
The statute requires the Commission to consider the effects of any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or cease-and-desist order would have on: (1) the public health and
welfare; (2) competitive conditions in the U.S. economy; (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation; and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's action. See
Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to this investigation, interested
government agencies, and any other interested parties are requested to
file written submissions on the issues of remedy, the public interest,
and bonding. In their initial submission, Complainants are also
requested to identify the remedy sought and Complainants and OUII are
requested to submit proposed remedial orders for the Commission's
consideration. Complainants are further requested to state the dates
that the Asserted Patents expire, to provide the HTSUS subheadings
under which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. The initial written submissions and
proposed remedial orders must be filed no later than close of business
on January 9, 2026. Reply submissions must be filed no later than the
close of business on January 16, 2026. No further submissions on any of
these issues will be permitted unless otherwise ordered by the
Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(``Inv. No. 337-TA-1434'') in a prominent place on the cover page and/
or first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons
with questions regarding filing should contact the Secretary (202-205-
2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
[[Page 61166]]
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission's vote for this determination took place on December
22, 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: December 22, 2025
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-24000 Filed 12-29-25; 8:45 am]
BILLING CODE 7020-02-P
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