Notice2026-19544
Certain Flash-Spun Nonwoven Materials and Products Containing Same; Notice of 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
September 24, 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 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Notices]
[Pages 60647-60649]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19544]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1424]
Certain Flash-Spun Nonwoven Materials and Products Containing
Same; Notice of 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: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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#4306070a10700b262f330336302a37206d242c35"><span class="__cf_email__" data-cfemail="f9bcbdb0aacab19c9589b98c8a908d9ad79e968f">[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: The Commission instituted this investigation
on November 21, 2024, based on a complaint filed by DuPont de Nemours,
Inc., DuPont Safety & Construction, Inc., and DuPont Specialty Products
USA, LLC, all of Wilmington, Delaware (collectively, ``DuPont''). 89 FR
92159-60 (Nov. 21, 2024). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, based on the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain flash-spun nonwoven materials and products
containing same by reason of (i) misappropriation of trade secrets and
wrongful use and exploitation of stolen confidential and proprietary
information, the threat or effect of which is to destroy or
substantially injure an industry in the United States, and (ii)
infringement of U.S. Trademark Registration Nos. 817,194, 818,688, and
818,737 (collectively, the ``TYVEK Word Marks''); and 7,370,316 (the
``Blue Octagon Mark''). Id. at 92159. The complaint further alleges
that a domestic industry exists. Id.
The notice of investigation (``NOI'') names the following
respondents: (1) Dawnsens New-Materials (Xiamen) Co. Ltd. (formerly
known as Xiamen Dangs New-Materials Co., Ltd.) of Xiamen, Fujian,
China; Beijing Dangsheng Technology Co., Ltd. of Beijing, Beijing,
China; and Xiamen Dangsheng Technology Co., Ltd. of Xiamen, Fujian,
China (collectively, ``Xiamen Dangs''); (2) Kingwills New Material
Technology Co., Ltd. of Nantong, Jiangsu, China; Zhejiang Qingyun New
Material Co., Ltd. of Jiaxing, Zhejiang, China; Jiangsu Qingyun New
Materials Co., Ltd. AKA Jiangsu Kingwills New Materials Co., Ltd. of
Nantong, Jiangsu, China; Shanghai Qingyun New Material Technology Co.,
Ltd. of Shanghai, Shanghai, China; and Kingwills International Ltd. of
Kowloon, Hong Kong, China (collectively, ``Kingwills''); (3)
Harbourpoint Innovations Inc. (``Harbourpoint'') of Raleigh, North
Carolina; (4) Shenzhen Zhengming Science and Technology Co., Ltd.
(``Shenzhen Zhengming'') of Huizhou, Guangdong, China; (5) Emedia
Group. Inc. (``Emedia'') of Greenville, South Carolina; (6) endur-tec,
LLC (``endur-tec'') of Anderson, South Carolina; (7) Zhenping County
Weihe Commerce and Trade Co., Ltd. (``County Weihe'') of Zhenping,
Nanyang, China; (8) Impak Corporation (``Impak'') of Los Angeles,
California; (9) Weifang Konzer Safety Protective Equipment Co., Ltd.
(``Weifang Konzer'') of Anqiu, Shandong, China; (10) Hangzhou Several
Sets of Electronic Commerce Co., Ltd. (``JGT Live'') of Yuhang,
Hangzhou, China; (11) Hangzhou Qiao Shell Digital Technology Co., Ltd.
(``Quoko'') of Yuhang, Hangzhou, China; and (12) Jiangsu Tubo New
Material Co., Ltd. (``Jiangsu Tubo'') of Kunshan, Jiangsu, China. Id.
at 92159-60. The Office of Unfair Import Investigations is also named
as a party to this investigation. Id. at 92160.
On February 21, 2025, the Commission terminated the investigation
as to respondents Harbourpoint, Shenzhen Zhengming, Emedia, and endur-
tec based on consent orders. Order No. 10 (Jan. 22, 2025) (as to
Harbourpoint), Order No. 11 (Jan. 22, 2025) (as to Shenzhen Zhengming),
and Order No. 12 (Jan. 22, 2025) (as to Emedia and endur-tec), all
unreviewed by Comm'n Notice (Feb. 21, 2025).
On May 13, 2025, the Commission terminated the investigation as to
respondent County Weihe based on withdrawal of the complaint. Order No.
24 (Apr. 22, 2025), unreviewed by Comm'n Notice (May 14, 2025).
On May 13, 2025, the Commission amended the complaint and NOI to
(i) add allegations of trade secret misappropriation and wrongful use
and exploitation of proprietary information against respondents Impak
and Jiangsu Tubo, (ii) add TOBO Group d/b/a Jiangsu Tubo (``TOBO
Group'') of Shanghai, China as a new respondent (collectively, along
with Impak, Jiangsu Tubo, Weifang Konzer, JGT Live, and Quoko, the
``Downstream Respondents''), (iii) update the addresses for respondents
Jiangsu Tubo
[[Page 60648]]
and JGT Live to reflect where service was effected, and (iv) make
certain non-substantive amendments to the complaint. Order No. 25 (Apr.
22, 2025), unreviewed by Comm'n Notice (May 14, 2025).
On August 28, 2025, the Commission terminated the investigation as
to respondents Xiamen Dangs based on consent orders. Order No. 36 (July
30, 2025), unreviewed by Comm'n Notice (Aug. 28, 2025).
On December 3, 2025, the Commission found respondents Weifang
Konzer, JGT Live, Quoko, Jiangsu Tubo, and TOBO Group in default in
this investigation. Order No. 46 (Sept. 29, 2025), unreviewed by Comm'n
Notice (Dec. 3, 2025).
On March 24, 2026, the Commission found respondent Impak in default
in this investigation. Order No. 71 (Mar. 4, 2026), aff'd with suppl.
findings by Comm'n Notice (Mar. 24, 2026).
On July 1, 2026, the ALJ issued a combined FID and recommended
determination (``RD'') on remedy and bonding. The FID finds violations
of section 337 as to (i) Kingwills based on the misappropriation of
DuPont trade secrets TS-15 and TS-18 and the conversion of certain
confidential DuPont documents, and (ii) certain Downstream
Respondents--Jiangsu Tubo/TOBO Group, JGT Live, and Quoko--based on
infringement of the TYVEK Word Marks. The FID does not find a violation
as to Kingwills based on the misappropriation of DuPont trade secrets
TS-11, TS-17, TS-19, TS-22, or TS-25. As to the Downstream Respondents,
the FID does not find a violation (i) as to Impak and Jiangsu Tubo/TOBO
Group based on trade secret misappropriation, (ii) as to Impak, Weifang
Konzer based on infringement of the TYVEK Word Marks, and (iii) as to
any of the Downstream Respondents based on infringement of the Blue
Octagon Mark. The FID also finds that DuPont has satisfied (i) the DI
requirement of 19 U.S.C. 1337(a)(1)(A), i.e., DuPont has a DI and
Kingwills presents a substantial threat to that industry, and (ii) the
technical and economic prongs of the DI requirement as to the TYVEK
Word Marks under 19 U.S.C. 1337(a)(3)(A) and (B). The RD recommends
that, if the Commission determines that a violation of section 337 has
occurred, the Commission should: (i) issue a general exclusion order
(``GEO'') directed to certain flash-spun nonwoven materials and
products containing same imported, sold for importation, and/or sold
after importation into the United States; (ii) issue, in the
alternative to a GEO, a limited exclusion order against the infringing
flash-spun nonwoven materials and products containing same imported,
sold for importation, and/or sold after importation by Kingwills and
the Downstream Respondents; (iii) issue a cease and desist order
directed to Impak; and (iv) impose a one hundred percent (100%) bond
for importations of infringing products during the period of
Presidential review.
On July 13, 2026, Kingwills filed a petition seeking review of
certain of the FID's trade secret misappropriation and conversion
findings. That same day, DuPont filed a petition seeking review of
certain of the FID's trade secret misappropriation findings. On August
11, 2026, DuPont and Kingwills each filed a response opposing the
other's petition. That same day, OUII filed a response to each
petition.
On July 31, 2026, DuPont filed a submission on the public interest
pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). The
Commission did not receive a submission from Kingwills. The Commission
also received four public interest submissions in response to the
Commission's post-RD Federal Register notice from Senator Christopher
Coons, from Senator Tim Kaine, Senator Mark Warren, and Representative
Jennifer McClelland, from Representative Robert Wittman, and from James
Pooley. See 91 FR 41661-63 (July 7, 2026).
Having reviewed the record of this investigation, including the
FID, the parties' submissions to the ALJ, and the parties' petitions
for Commission review of the FID and responses thereto, the Commission
has determined to review the FID in part. Specifically, the Commission
has determined to review (i) the FID's finding that DuPont failed to
show that Kingwills misappropriated trade secret TS-17, (ii) the FID's
finding that DuPont failed to show a nexus between Kingwills'
misappropriation of trade secret TS-22 and a threatened injury to
DuPont's DI, and (iii) the FID's finding that a nexus exists between
Kingwills' conversion of certain DuPont confidential documents and the
threatened injury to DuPont's DI. The Commission has determined not to
review the remaining findings in the FID.
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: 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 written submission, DuPont is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. DuPont is further requested to provide
the HTSUS subheadings under which the accused products are imported,
and to supply the identification information for all
[[Page 60649]]
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
DuPont must be filed no later than close of business on October 5,
2026. All reply submissions must be filed no later than the close of
business on October 12, 2026. Opening submissions from the parties are
limited to 25 pages. Reply submissions from the parties are limited to
15 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-1424) 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/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
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 September
21, 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: September 21, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-19544 Filed 9-23-26; 8:45 am]
BILLING CODE 7020-02-P
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