Notice2026-11686
Certain Glass Substrate for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing II; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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Published
June 11, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part a final initial determination ("FID") of the presiding administrative law judge ("ALJ"), finding a violation of section 337 of the Tariff Act of 1930, as amended. The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Full Text
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Notices]
[Pages 35555-35557]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11686]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1441]
Certain Glass Substrate for Liquid Crystal Displays, Products
Containing the Same, and Methods for Manufacturing II; Notice of a
Commission Determination To Review in Part a Final Initial
Determination Finding a Violation of Section 337; 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 (``Commission'') has determined to review in part a final
initial determination (``FID'') of the presiding administrative law
judge (``ALJ''), finding a violation of section 337 of the Tariff Act
of 1930, as amended. The Commission requests written submissions from
the parties, interested government agencies, and other interested
persons on the issues of remedy, the public interest, and bonding,
under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: B. Rashmi Borah, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2518. 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#7d3839342e4e3518110d3d080e14091e531a120b"><span class="__cf_email__" data-cfemail="87c2c3ced4b4cfe2ebf7c7f2f4eef3e4a9e0e8f1">[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 March 7, 2025, based on a complaint filed by Corning Incorporated of
Corning, New York (``Complainant''). 90 FR 11549-50 (Mar. 7, 2025). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
glass substrates for liquid crystal displays, products containing the
same, and methods for manufacturing the same by reason of the
infringement of certain claims of U.S. Patent No. 8,642,491 (``the '491
patent''), U.S. Patent No. 8,640,498 (``the '498 patent'') (together,
``the Asserted Patents''), and U.S. Patent No. 7,851,394 (``the '394
patent''). Id. at 11549. The complaint further alleges that a domestic
industry (``DI'') exists. Id. The notice of investigation names nine
respondents: (1) Caihong Display Devices Co., Ltd., d/b/a Irico Display
Devices Co., Ltd. of Xianyang City, Shaanxi Province, China
(``Caihong''); (2) Hisense USA Corporation of Suwanee, Georgia; (3) HKC
Corporation Ltd. of Shenzhen City, Guangdong Province, China; (4) HKC
Overseas Ltd. of Hong Kong; (5) LG Electronics U.S.A., Inc. of
Englewood Cliffs, New Jersey; (6) TCL China Star Optoelectronics
Technology Co., Ltd. of Shenzhen City, Guangdong Province, China
(``CSOT''); (7) TTE Technology, Inc., d/b/a TCL North America of
Irvine, California (``TCL''); (8) VIZIO, Inc. of Irvine, California;
and (9) Xianyang CaiHong Optoelectronics Technology Co., Ltd. of
Xianyang City, Shaanxi Province, China (``CHOT''). Id. The Office of
Unfair Import Investigations is not named as a party to this
investigation. Id.
The Commission previously terminated several respondents from the
investigation based on settlement agreements. Order No. 24 (July 15,
2025), unreviewed by Comm'n Notice (Aug. 6, 2025) (HKC Corporation Ltd.
and HKC Overseas Ltd.); Order No. 28 (Sept. 10, 2025), unreviewed by
Comm'n Notice (Sept. 30, 2025) (VIZIO, Inc.); Order No. 29 (Sept. 30,
2025), unreviewed by Comm'n Notice (Dec. 8, 2025) (LG Electronics
U.S.A., Inc.); Order No. 57 (Mar. 24, 2026), unreviewed by Comm'n
Notice (Apr. 20, 2026) (Hisense USA Corporation). Accordingly, four
respondents remain in the investigation: Caihong, CSOT, CHOT, and TCL
(collectively, ``Respondents'').
On December 22, 2025, the Commission terminated the investigation
as to the '394 patent and claim 2 of the '491 patent. Order No. 35
[[Page 35556]]
(Dec. 2, 2025), unreviewed by Comm'n Notice (Dec. 22, 2025).
The ALJ held an evidentiary hearing from January 6 through January
8, 2026. As of the evidentiary hearing, claims 3, 6, 8, and 12 of the
'491 patent and claims 2, 3, 5, 6, and 9 of the '498 patent were still
at issue.
On April 7, 2026, the ALJ issued the FID, finding a violation of
section 337 with respect to each of the remaining asserted claims of
the Asserted Patents. Specifically, the FID finds that the ``615
Accused Products'' infringe all of the remaining asserted claims, but
that the ``616 Accused Products'' do not infringe any of the remaining
asserted claims. The FID further finds that the remaining asserted
claims are not invalid for indefiniteness, lack of written description,
or lack of enablement under 35 U.S.C. 112. The FID also finds that the
remaining asserted claims are not invalid under 35 U.S.C. 103 for
obviousness. The FID further finds that the remaining asserted claims
of the '498 patent are not invalid for obviousness-type double
patenting. The FID also finds that the Asserted Patents are not
unenforceable for inequitable conduct or patent misuse. Finally, the
FID finds that Complainant has satisfied both the technical prong and
the economic prong of the DI requirement under subsection 337(a)(3)(B).
The FID also includes the ALJ's Recommended Determination (``RD'')
on remedy and bond, should the Commission find a violation of section
337. The RD recommends issuing a limited exclusion order barring entry
of infringing products and also recommends including a standard
certification provision. The RD also notes that Complainant requests a
cease and desist order against TCL only, but recommends not issuing a
cease and desist order against TCL or any other of Respondents.
Finally, the RD recommends that the Commission set of a bond rate of
zero percent (0%) of the value of infringing articles imported during
the period of Presidential review.
On April 20, 2026, Respondents petitioned for review of certain of
the FID's findings that the asserted claims of the Asserted Patents are
not invalid for indefiniteness and or lack of written description, as
well as the FID's finding that the '498 patent is not invalid for
obviousness-type double patenting. On April 28, 2026, Complainant
submitted a response to Respondents' petition.
On May 7, 2026, Complainant filed a public interest statement
pursuant to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). On May
8, 2026, Respondents submitted their public interest statement pursuant
to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). No submissions
were filed in response to the post-RD Federal Register notice. See 91
Fed Reg 18478-79 (Apr. 10, 2026).
Having reviewed the record of the investigation, including the FID,
the parties' submissions to the ALJ, and the petition for review and
response thereto, the Commission has determined to review the FID in
part. Specifically, the Commission has determined to review the FID's
findings that: (1) the claim term ``mole percent on an oxide basis'' is
not indefinite and (2) Complainant has satisfied the economic prong of
the domestic industry requirement under section 337(a)(3)(B).
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents 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 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders 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 determination. 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: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Complainant is 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. All initial written
submissions, from the parties and/or third parties/interested
government agencies, and proposed remedial orders from the parties must
be filed no later than close of business on June 22, 2026. All reply
submissions must be filed no later than the close of business on June
29, 2026. Opening submissions from the parties are limited to 25 pages.
Reply submissions from the parties are limited to 10 pages. All
submission from third parties and/or interested government agencies are
limited to 10 pages. 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-1441) in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/secretary/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
[[Page 35557]]
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 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 vote for this determination took place on June 8,
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).
By order of the Commission.
Issued: June 8, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-11686 Filed 6-10-26; 8:45 am]
BILLING CODE 7020-02-P
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