Certain Systems, Devices, Software, Compositions, Chemicals, and Laboratory Supplies for Studying Proteins; Notice of Commission Determination Not To Review an Initial Determination Finding the Sole Respondent in This Investigation in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 7) of the presiding administrative law judge ("ALJ") finding the sole respondent in this investigation--Nanomics Biotechnology Co., Ltd. ("Nanomics") of Hangzhou, Zhejiang, China--in default based on Nanomics's filing of a notice of intent to default. 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.

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Notices]
[Pages 65596-65598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21100]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1508]


Certain Systems, Devices, Software, Compositions, Chemicals, and 
Laboratory Supplies for Studying Proteins; Notice of Commission 
Determination Not To Review an Initial Determination Finding the Sole 
Respondent in This Investigation in Default; 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 an initial determination 
(``ID'') (Order No. 7) of the presiding administrative law judge 
(``ALJ'') finding the sole respondent in this investigation--Nanomics 
Biotechnology Co., Ltd. (``Nanomics'') of Hangzhou, Zhejiang, China--in 
default based on Nanomics's filing of a notice of intent to default. 
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#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="10555459432358757c605065637964733e777f66">[email&#160;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 July 2, 2026, based on a complaint filed by Seer, Inc. of Redwood 
City, California and The Brigham and

[[Page 65597]]

Women's Hospital of Boston, Massachusetts (collectively, 
``Complainants''). 91 FR 40589-90 (July 2, 2026). 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 systems, devices, software, 
compositions, chemicals, and laboratory supplies for studying proteins 
by reason of the infringement of certain claims of U.S. Patent Nos. 
11,435,360; 11,630,112; 12,050,222; 12,228,566; and 12,590,948 
(collectively, the ``Asserted Patents''). Id. at 40589. The complaint 
further alleges that a domestic industry exists. Id. The notice of 
investigation names only Nanomics as a respondent. Id. The Office of 
Unfair Import Investigations (``OUII'') is also named as a party. Id.
    On September 14, 2026, Nanomics filed a notice of intent to default 
(``Notice'') pursuant to Commission Rule 210.16(b)(3)(i) (19 CFR 
210.16(b)(3)(i)). Nanomics states that it submits its Notice after 
``having considered the cost and burden of continued participation in 
this investigation,'' and without conceding ``infringement, validity or 
[sic] any Asserted Patent, or truth of any allegation in the 
Complaint.'' Notice at 1. Nanomics also states that it ``will raise no 
further defenses and will not make any further submissions or otherwise 
participate in this investigation.'' Id.
    On September 16, 2026, the presiding ALJ issued the subject ID 
(Order No. 7) finding Nanomics in default. The ID notes that, pursuant 
to Commission Rule 210.16(b)(3)(ii) (19 CFR 210.16(b)(3)(ii)), ``[u]pon 
the filing of a notice of intent to default'' the presiding ALJ ``shall 
issue an [ID] finding the respondent in default without first issuing 
the show-cause order of paragraph (b)(1)(i) of this section'' and that 
``[s]uch default will be treated in the same manner as any other 
default under this section.'' ID at 1. The ALJ also stayed all 
procedural deadlines in the investigation given that Nanomics is the 
sole respondent. Id. at 2. The ALJ further denied as moot Complainants' 
pending motion to find Nanomics in default and to stay all procedural 
deadlines. Id. No petitions for review of the subject ID were filed.
    Having reviewed the record of this investigation, including the 
subject ID and the parties' submissions to the ALJ, the Commission has 
determined not to review the subject ID. Respondent Nanomics is hereby 
in default in this investigation pursuant to Commission Rule 
210.16(b)(3).
    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 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 (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 
any 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: 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 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. 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 the close of 
business on October 30, 2026. All reply submissions must be filed no 
later than the close of business on November 6, 2026. Initial 
submissions from the parties are limited to 15 pages. Reply submissions 
from the parties are limited to 10 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-1508) 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 redacted non-
confidential version of the document must also be filed with the 
Commission and served on any parties

[[Page 65598]]

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 October 
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).

    By order of the Commission.

    Issued: October 13, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-21100 Filed 10-14-26; 8:45 am]
BILLING CODE 7020-02-P


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