Notice2026-19545
Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same; Notice of a Commission Determination to Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and 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 has determined to review in part a final initial determination ("final ID") issued by the presiding administrative law judge ("ALJ") on July 23, 2026, finding a violation of section 337 in the above referenced investigation. The Commission requests written submissions from the parties on certain issues under review, as indicated in this notice, and 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 60642-60644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19545]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1433]
Certain Glass Substrates for Liquid Crystal Displays, Products
Containing the Same, and Methods for Manufacturing the Same; Notice of
a Commission Determination to Review in Part a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions on the Issues Under Review and 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 to review in part a final initial
determination (``final ID'') issued by the presiding administrative law
judge (``ALJ'') on July 23, 2026, finding a violation of section 337 in
the above referenced investigation. The Commission requests written
submissions from the parties on certain issues under review, as
indicated in this notice, and 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: Lisa A. Murray, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2781. 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#5316171a00601b363f231326203a27307d343c25"><span class="__cf_email__" data-cfemail="fcb9b8b5afcfb499908cbc898f95889fd29b938a">[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: On January 24, 2025, the Commission
instituted this investigation based on a complaint, as supplemented,
filed by Corning Incorporated (``Corning'') of Corning, New York,
alleging violations of section 337 of Tariff Act of 1930, as amended,
19 U.S.C. 1337 (``section 337''), due to the importation into the
United States, sale for importation, or sale in the United States after
importation of certain glass substrates for liquid crystal displays,
products containing the same, and methods for manufacturing the same
that allegedly infringe certain claims of U.S. Patent Nos. 8,627,684;
9,512,025; and 7,851,394 (collectively, ``the Asserted Patents''). 90
FR 8140-41 (Jan. 24, 2025). The complaint, as supplemented, also
alleges violations of section 337 based upon the importation and sale
of certain glass substrates for liquid crystal displays, products
containing the same, and methods for manufacturing the same by reason
of misappropriation of certain trade secrets, the threat or effect of
which is to destroy or substantially injure a domestic industry. Id.
The complaint further alleges that a domestic industry exists. Id. The
notice of investigation names the following respondents: LG Electronics
U.S.A., Inc. of Englewood Cliffs, New Jersey (``LGE''); VIZIO, Inc. of
Irvine, California (``VIZIO''); HKC Corporation Ltd. of Shenzhen City,
Guangdong Province, China and HKC Overseas Ltd. of Hong Kong, China
(collectively, ``HKC''); Hisense USA Corporation of Suwanee, Georgia
(``Hisense''); Caihong Display Devices Co., Ltd. of Xianyang City,
China (``Caihong Display''); TCL China Star Optoelectronics, Technology
Co., Ltd. of Shenzhen City, China (``CSOT''); TTE Technology, Inc., d/
b/a TCL North America of Irvine, California (``TCL''); and Xianyang
Caihong Optoelectronics, Technology Co., Ltd. of Xianyang City, China
(``CHOT''). The Office of Unfair Import Investigations (``OUII'') is
also named as a party to this investigation.
The Commission previously terminated the investigation as to the
Asserted Patents due to withdrawal of the complaint with respect to
their asserted claims, pursuant to Commission Rule 210.21(a)(1), 19 CFR
210.21(a)(1). Order No. 7 (Feb. 17, 2025), unreviewed by Comm'n Notice
(Feb. 26, 2025); Order No. 38 (July 1, 2025), unreviewed by Comm'n
Notice (July 14, 2025); Order No. 51 (Aug. 26, 2025), unreviewed by
Comm'n Notice (Sept. 22, 2025); Order No. 54 (Nov. 18, 2025),
unreviewed by Comm'n Notice (Dec. 5, 2025); Order No. 55 (Nov. 20,
2025), unreviewed by Comm'n Notice (Dec. 15, 2025). The trade secrets
remain at issue.
The Commission also terminated the investigation with respect to
respondents HKC, VIZIO, and LGE, based on settlement agreements,
pursuant to Commission Rule 210.21(b), 19 CFR 210.21(b). Order No. 44
(July 21, 2025), unreviewed by Comm'n Notice (Aug. 14, 2025) (HKC);
Order No. 52 (Sept. 9, 2025), unreviewed by Comm'n Notice (Sept. 24,
2025) (VIZIO); Order No. 53 (Sept. 24, 2025), unreviewed by Comm'n
Notice (Dec. 15, 2025) (LGE).
On February 10, 2026, the Commission affirmed an ID (Order No. 64)
granting Corning's motion for summary determination that the remaining
respondents have satisfied the importation requirement of section
337(a)(1)(A), (B). Order No. 64 (Jan. 9, 2026), unreviewed by Comm'n
Notice (Feb. 10, 2026).
On April 20, 2026, the Commission affirmed an ID (Order No. 85)
granting a joint motion filed by Corning and Hisense to partially
terminate the investigation with respect to Hisense on the basis of a
settlement agreement, pursuant to Commission Rule 210.21(b), 19 CFR
210.21(b). Order No. 85 (Mar. 25, 2026), unreviewed by Comm'n Notice
(Apr. 20, 2026).
On July 23, 2026, the ALJ issued the subject ID, finding a
violation of section 337 by each of Respondents Caihong Display, CHOT,
CSOT, and TCL (``Respondents'') by reason of misappropriation of
certain trade secrets. On August 4, 2026, Respondents filed a petition
for review. On the same date, Complainant and OUII filed contingent
petitions for review. On August 12, 2026, each party filed responses to
the other parties' petitions.
On August 6, 2026, the ALJ issued a Recommended Determination on
remedy and bonding (``RD''). The RD recommends that, if the Commission
finds a violation, it should issue a limited exclusion order of
approximately 5 to 6 years. The RD also recommends that a cease and
desist order issue as to Respondent TCL. The RD further recommends a
bond rate of 9.8 percent, to be imposed during the period of
Presidential review on imported articles subject to the limited
exclusion order.
On September 8, 2026, Complainant submitted public interest
comments
[[Page 60643]]
pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). On the
same date, Coalition for a Prosperous America, New American Industrial
Alliance, and Respondents Caihong Display and CHOT filed comments in
response to the Commission's Federal Register notice seeking
submissions on the public interest. See 91 FR 51747-48 (Aug. 11, 2026).
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, and the responses
thereto, the Commission has determined to review the ID in part.\1\
Specifically, the Commission has determined to review: (1) the final
ID's determination that CHOT and CSOT are in violation of section 337;
(2) the final ID's determination that relief is not barred by any
statute of limitations; and (3) the final ID's statements and findings
that Corning did not take reasonable measures to maintain the secrecy
of its trade secrets during the years that elapsed before Corning
pursued any legal claim against Respondents.
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\1\ Chairman Doyle would not review the final ID and would only
request remedy, bonding, and PI briefing in the notice.
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In connection with its review, the Commission requests responses to
the following questions. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
1. Please discuss, with reference to the evidentiary record,
whether CHOT and/or CSOT can be characterized as affiliated companies,
parents, subsidiaries, agents, or other related business entities, or
successors or assigns, of any other Respondent in this proceeding.
2. Please explain, with reference to the evidentiary record, the
extent to which CHOT and CSOT have or have not had ``close working
relationships'' with Caihong Display, as referenced in footnote 113 on
page 205 of the FID, at any time between January 2007 and the present.
3. Please discuss whether their relationships with Caihong Display
are sufficient circumstantial evidence to conclude that CHOT and/or
CSOT knew or should have known of the content of any Corning trade
secrets used by Caihong Display, in addition to knowing of the trade
secrets' existence and Caihong Display's alleged misappropriation.
4. Please discuss, with reference to the evidentiary record, when
CHOT and CSOT each become aware of Caihong's alleged misappropriation
of the Corning trade secrets.
The parties are invited to brief only the discrete issues requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
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
a 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 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.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested 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 October 5, 2026. All reply submissions must be
filed no later than the close of business on October 13, 2026. Opening
submissions from the parties are limited to 35 pages. Reply submissions
from the parties are limited to 35 pages. All submissions 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-1433) 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 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
[[Page 60644]]
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. 2026-19545 Filed 9-23-26; 8:45 am]
BILLING CODE 7020-02-P
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