Notice2026-03229
Certain Polycrystalline Diamond Compacts and Articles Containing Same; Notice of Commission Determination To Institute a Modification Proceeding and To Grant a Joint Motion for Limited Service of Confidential Exhibit; Modification of the Limited Exclusion Order; Termination of Modification Proceeding
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
February 19, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to institute a modification proceeding based on a joint petition to rescind the limited exclusion order ("LEO") as to respondent Shenzhen Haimingrun Superhard Materials Co., Ltd. ("Haimingrun"), and grant the joint motion for limited service of the confidential exhibit. The LEO is modified to remove reference to Haimingrun. The modification proceeding is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Notices]
[Pages 8022-8024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03229]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1236 (Modification)]
Certain Polycrystalline Diamond Compacts and Articles Containing
Same; Notice of Commission Determination To Institute a Modification
Proceeding and To Grant a Joint Motion for Limited Service of
Confidential Exhibit; Modification of the Limited Exclusion Order;
Termination of Modification Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to institute a modification
proceeding based on a joint petition to rescind the limited exclusion
order (``LEO'') as to respondent Shenzhen Haimingrun Superhard
Materials Co., Ltd. (``Haimingrun''), and grant the joint motion for
limited service of the confidential exhibit. The LEO is modified to
remove reference to Haimingrun. The modification proceeding is
terminated.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2392. Copies of non-
confidential documents filed in connection with this
[[Page 8023]]
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#9edbdad7cdadd6fbf2eedeebedf7eafdb0f9f1e8"><span class="__cf_email__" data-cfemail="89cccdc0dabac1ece5f9c9fcfae0fdeaa7eee6ff">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on December 29, 2020, based on a complaint filed by US Synthetic
Corporation (``USS'' or ``Complainant'') of Orem, Utah. 85 FR 85661
(Dec. 29, 2020). 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
polycrystalline diamond compacts and articles containing same by reason
of infringement of certain claims of U.S. Patent No. 10,508,502 (``the
'502 patent''); U.S. Patent No. 10,507,565 (``the '565 patent''); U.S.
Patent No. 8,616,306 (``the '306 patent''); U.S. Patent No. 9,932,274
(``the '274 patent''); and U.S. Patent No. 9,315,881 (``the '881
patent''). Id. The notice of investigation named as respondents: SF
Diamond Co., Ltd. of Henan, China, and SF Diamond USA, Inc. of Spring,
Texas (together, ``SF Diamond''); Element Six Abrasives Holdings Ltd.
of London, United Kingdom, Element Six Global Innovation Centre of
Oxfordshire, United Kingdom, Element Six GmbH of Burghaun, Germany,
Element Six Limited of Springs, South Africa, Element Six Production
(Pty) Limited of Shannon, Ireland, Element Six Hard Materials (Wuxi)
Co. Limited of Meicun, China, Element Six Trading (Shanghai) Co. of
Shanghai, China, Element Six Technologies US Corporation of Santa
Clara, California, Element Six US Corporation of Spring, Texas, ServSix
US of Orem, Utah, and Synergy Materials Technology Limited of Hong
Kong, China (collectively, ``Element Six''); Iljin Diamond Co., Ltd. of
Seoul, Republic of Korea, Iljin Holdings Co., Ltd. of Seoul, Republic
of Korea, Iljin USA Inc. of Houston, Texas, Iljin Europe GmbH of
Eschborn, Germany, Iljin Japan Co., Ltd. of Tokyo, Japan, Iljin China
Co., Ltd. of Shanghai, China (collectively, ``Iljin''); Henan Jingrui
New Material Technology Co., Ltd. (``Jingrui'') of Henan, China;
Zhenzghou New Asia Superhard Materials Composite Co., Ltd. (``New
Asia'') of Henan, China; International Diamond Services, Inc. (``IDS'')
of Houston, Texas; CR Gems Superabrasives Co., Ltd. (``CR Gems'') of
Shanghai, China; FIDC Beijing Fortune International Diamond (``FIDC'')
of Beijing, China; Fujian Wanlong Superhard Material Technology Co.,
Ltd. (``Wanlong'') of Fujian, China; Zhuhai Juxin Technology of
Guangdong, China; and Haimingrun of Guangdong, China. Id. at 85662. The
Office of Unfair Import Investigations did not participate in the
investigation. Id.
Respondents Element Six and FIDC were terminated from the
investigation before the evidentiary hearing. See Order No. 6 (Feb. 1,
2021), unreviewed by Comm'n Notice (Feb. 16, 2021); Order No. 10 (Feb.
24, 2021), unreviewed by Comm'n Notice (Mar. 15, 2021); and Order No.
16 (Apr. 1, 2021), unreviewed by Comm'n Notice (Apr. 15, 2021). On
February 8, 2021, Guangdong Juxin Materials Technology Co., Inc.
(``Juxin'') was substituted in place of Zhuhai Juxin Technology. See
Order No. 8 (Feb. 8, 2021), unreviewed by Comm'n Notice (Feb. 24,
2021). The '274 and '881 patents and certain other asserted patent
claims were terminated from the investigation. See Order No. 26 (Jul.
14, 2021), unreviewed by Comm'n Notice (Aug. 11, 2021); Order No. 32
(Aug. 9, 2021), unreviewed by Comm'n Notice (Aug. 20, 2021); and Order
No. 57 (Oct. 19, 2021), unreviewed by Comm'n Notice (Nov. 4, 2021).
An evidentiary hearing took place during the week of October 18-22,
2021. On March 3, 2022, the presiding administrative law judge
(``ALJ'') issued his final initial determination (``ID''), finding no
violation of section 337 by Iljin, SF Diamond, New Asia, IDS,
Haimingrun, Juxin, CR Gems, Jingrui, and Wanlong (together,
``Respondents'') as to the asserted claims of the '565, '502, and '306
patents.
On May 9, 2022, the Commission adopted the final ID's finding of no
violation as to the '306 patent and reviewed certain findings of the
final ID with respect to the '565 patent and the '502 patent. 87 FR
29375-377 (May 13, 2022). Id. The Commission also asked the parties to
brief certain issues under review and requested the parties, interested
government agencies, and other interested persons to brief issues of
remedy, the public interest, and bonding. The parties filed timely
initial submissions and reply submissions. The Commission did not
receive comments from the public on any public interest issues raised
by the ALJ's recommended relief.
On October 3, 2022, the Commission issued a final determination
affirming with modifications the final ID's finding that all asserted
claims are patent ineligible under 35 U.S.C. 101, that the asserted
claims of the '565 patent are invalid as anticipated, and that
Respondents failed to prove the asserted claims were not enabled under
35 U.S.C. 112. Having affirmed the final ID's findings that the
asserted claims were patent ineligible and/or invalid, the Commission
took no position on the economic prong of the domestic industry
requirement. Accordingly, the Commission found no violation of section
337 as to the '565 and the '502 patents and terminated the
investigation.\1\
---------------------------------------------------------------------------
\1\ Commissioner Schmidtlein dissented from the Majority's
decision to affirm the final ID's section 101 findings.
---------------------------------------------------------------------------
USS timely appealed the Commission's patent ineligibility findings
with respect to the '502 patent, but did not appeal the '565 patent, to
the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit''
or ``Court''). Respondents Iljin, SF Diamond, New Asia, IDS,
Haimingrun, and Juxin (collectively, ``Intervenors'') intervened in the
appeal and argued in the alternative that the asserted claims of the
'502 patent are not enabled under section 112.
On February 13, 2025, the Federal Circuit reversed the Commission's
conclusion that the asserted claims of the '502 patent are patent
ineligible under section 101 and affirmed the Commission's enablement
conclusion. The Court remanded for further proceedings.
Intervenors filed a combined petition for panel rehearing and
rehearing en banc, which the Court denied on May 20, 2025. Intervenors
also filed a motion to stay the mandate, which was denied on May 29,
2025. The Court issued its formal mandate on May 29, 2025, returning
jurisdiction to the Commission for further proceedings.
On June 5, 2025, the Commission requested written submissions from
the parties to address the specific proceedings to be conducted on
remand. USS and Respondents filed timely initial and response
submissions.
On December 4, 2025, the Commission found Respondents Iljin, SF
Diamond, New Asia, IDS, Haimingrun, Juxin, CR Gems, Jingrui, and
Wanlong violated section 337 by importing into the United States,
selling for importation, or selling in the United States after
importation certain polycrystalline diamond compacts and articles
containing the same that
[[Page 8024]]
infringe one or more of the asserted claims 1, 2, 11, 15 and 21 of the
'502 patent. The Commission affirmed the final ID's finding that the
economic prong has been satisfied under prong (B) of section 337(a)(3)
and takes no position on prongs (A) and (C) of section 337(a)(3). The
Commission determined that the appropriate remedy was: (i) an LEO
prohibiting Respondents from importing certain polycrystalline diamond
compacts and articles containing the same that infringe one or more of
the asserted claims 1, 2, 11, 15, and 21 of the '502 patent; and (ii) a
cease and desist order against SF Diamond USA, Inc. The Commission also
determined that the public interest factors did not preclude issuance
of a remedy. The Commission further determined to set a bond in the
amount of zero percent (0%) of the entered value of the infringing
products imported during the period of Presidential review (19 U.S.C.
1337(j)).
On January 22, 2026, USS and Haimingrun \2\ (``Petitioners'')
jointly petitioned under 19 U.S.C. 1337(k) and 19 CFR 210.76(a)(1) to
rescind the LEO as to Haimingrun's infringing products. The joint
petition further requests that service of the unredacted version of the
settlement agreement between USS and Haimingrun be limited to USS and
Haimingrun. The joint petition states that the requested rescission of
the LEO as to Haimingrun is warranted because ``the Settlement
Agreement provides [Haimingrun] with a license to the patents
underlying the LEO, covering certain polycrystalline diamond compacts
and articles containing same,'' and thus the ``Settlement Agreement
fully resolves the disputes before the Commission and authorizes
conduct previously prohibited under the LEO.'' Jt. Pet. at 1. The joint
petition argues that the settlement agreement constitutes a changed
condition of fact and law justifying rescission of the LEO as to
Haimingrun. Id. at 2. In accordance with Commission Rule 210.76(a)(3),
the joint petition includes confidential and public versions of the
settlement agreement and states that ``[t]here are no other agreements,
written or oral, express or implied between US Synthetic and
[Haimingrun] concerning the subject matter of the Investigation.'' Id.
at 1; 19 CFR 210.76(a)(3).
---------------------------------------------------------------------------
\2\ In November 2022, respondent Shenzhen Haimingrun Superhard
Materials Co., Ltd. changed its English name to Haimingrun Co., Ltd.
Haimingrun Co., Ltd. jointly filed the petition and entered into the
settlement agreement with USS.
---------------------------------------------------------------------------
The Commission has determined that the joint petition satisfies the
requirements of Commission Rule 210.76(a)(3), 19 CFR 210.76(a)(3). The
Commission has further determined that the conditions justifying the
LEO against Haimingrun no longer exist, and, therefore, granting the
joint petition is warranted under section 337(k) (19 U.S.C. 1337(k)),
and Commission Rule 210.76(a)(3). The Commission has thus determined to
institute a modification proceeding and to modify the LEO to remove
Haimingrun based on the settlement agreement. The Commission also finds
that Petitioners have shown the requisite good cause under Commission
Rule 210.76(a)(3) to grant their motion for limited service of
confidential Exhibit A. The Commission issues a modified LEO and an
order herewith setting forth its determinations.
The modification proceeding is terminated.
The Commission vote for this determination took place on February
13, 2026.
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.
Issued: February 13, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-03229 Filed 2-18-26; 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 February 19, 2026.
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.