Certain Polyvinylidene Fluoride Resins, 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

Issuing agencies

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"). The Commission requests written submissions from the parties on the issues under review 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 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Notices]
[Pages 67852-67854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21942]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1439]


Certain Polyvinylidene Fluoride Resins, 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 (``Commission'') has determined to review in part a final 
initial determination (``FID'') of the presiding administrative law 
judge (``ALJ''). The Commission requests written submissions from the 
parties on the issues under review 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: Noah Priluck, Esq., Office of the 
General

[[Page 67853]]

Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3107. 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#4c0908051f7f0429203c0c393f25382f622b233a"><span class="__cf_email__" data-cfemail="3570717c66067d5059457540465c41561b525a43">[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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 21, 2025, based on a complaint filed by Syensqo SA of 
Brussels, Belgium; Solvay Specialty Polymers, USA LLC of Alpharetta, 
Georgia; and Solvay Specialty Polymers Italy S.P.A. of Bollate, Italy 
(collectively, ``Complainants''). 90 FR 10082-83 (Feb. 21, 2025). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, or the sale within the 
United States after importation of certain polyvinylidene fluoride 
resins by reason of infringement of claims 1-7, 10, and 12 of U.S. 
Patent No. 8,337,725 (``the '725 patent''). Id. The complaint further 
alleges that a domestic industry exists or is in the process of being 
established. Id. The Commission's notice of investigation named as 
respondents: (1) Inner Mongolia 3F Wanhao Fluorochemical Industry Co. 
Ltd. of Fengzhen, China (``3F''); (2) Zhejiang Juhua Co., Ltd. of 
Quzhou City, China (``Juhua''); (3) Zhejiang Fluorine Chemical New 
Material Co. Ltd. of Shaoxing, China; and Hubei Fluorine New Materials 
Co., Ltd. of Dongtan Village, China (collectively, ``Fluorine''); and 
(4) Sinochem Lantian Co., Ltd. (``Sinochem'') of Hangzhou, China. Id. 
The Office of Unfair Import Investigations is not participating in the 
investigation. Id.
    On July 14, 2025, the Commission amended the complaint and notice 
of investigation to include allegations asserting infringement of 
claims 8 and 9 of the '725 patent. Order No. 9 (June 23, 2025), 
unreviewed by Comm'n Notice (July 14, 2025), 90 FR 33394-95 (July 17, 
2025). The Commission also amended the complaint and notice of 
investigation to change the name of two complainants from Solvay 
Specialty Polymers, USA LLC to Syensqo Specialty Polymers, USA LLC, and 
Solvay Specialty Polymers Italy S.P.A. to Syensqo Specialty Polymers 
Italy S.P.A. to reflect corporate name changes. Order No. 19 (Nov. 19, 
2025), unreviewed by Comm'n Notice (Dec. 9, 2025), 90 FR 57485 (Dec. 
11, 2025).
    The Commission previously terminated the investigation with respect 
to 3F. Order No. 8 (Mar. 28, 2025), unreviewed by Comm'n Notice (Apr. 
21, 2025). The Commission also previously terminated the investigation 
with respect to claim 7 of the '725 patent. Order No. 24 (Dec. 4, 
2024), unreviewed by Comm'n Notice (Jan. 5, 2026).
    On September 29, 2025, the ALJ granted Respondents' motion for 
summary determination of no importation or sale for importation as to 
Juhua, but not as to Fluorine or Sinochem. Order No. 16 (Sept. 29, 
2025). On November 24, 2025, the ALJ granted Juhua's motion to 
terminate itself from the investigation based on Order No. 16. Order 
No. 20 (Nov. 24, 2025).
    From December 8-12, 2025, the ALJ held an evidentiary hearing 
involving Complainants and Respondents Fluorine and Sinochem.
    On February 11, 2026, the Commission determined to review and, on 
review, reverse Order Nos. 16 and 20, thus reinstating Juhua as a 
party. Comm'n Notice (Feb. 11, 2026).
    The ALJ held a supplementary evidentiary hearing on May 6, 2026.
    On August 7, 2026, the ALJ issued the FID finding a violation of 
section 337 based on: (1) Complainants proving infringement of claims 
1, 3, 6, 8, and 9 of the '725 patent with respect to all of the accused 
products; (2) Complainants proving importation of one accused product 
by respondent Fluorine but no importation of any other accused product; 
\1\ (3) Respondents failing to prove any asserted claims invalid; (4) 
Complainants satisfying the technical prong of the domestic industry 
requirement with respect to claims 1, 3, and 6 of the '725 patent; and 
(5) Complainants proving that an economic domestic industry is in the 
process of being established as required by section 337(a)(2). The FID 
also includes the ALJ's Recommended Determination should the Commission 
find a violation, recommending issuance of a limited exclusion order 
with a standard certification provision. The ALJ also recommended that 
the Commission set a bond of 4.5 percent bond of the value of 
infringing imports during the period of Presidential review.
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    \1\ Although the FID does not state so specifically, because the 
FID does not find importation by Juhua or Sinochem, the FID does not 
find a violation with respect to those respondents.
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    On August 21, 2026, Complainants and the named respondents filed 
petitions for review of the FID, with responses filed on August 31, 
2026.
    On September 8, 2026, Complainants filed a public interest 
submission pursuant to Commission Rule 210.50(a)(4)(i), 19 CFR 
210.50(a)(4)(i). No submissions were filed in response to the 
Commission notice published in the Federal Register requesting 
submissions on the public interest from the public should the 
Commission find a section 337 violation. 91 FR 52711-12 (Aug. 14, 
2026).
    Having reviewed the record of the investigation, including the FID 
and the parties' submissions to the ALJ and to the Commission, the 
Commission has determined to review the FID in part. Specifically, the 
Commission has determined to review the FID's finding that the asserted 
claims of the '725 patent are not invalid for indefiniteness and for 
failure to satisfy the written description requirement. The Commission 
has also determined to review the FID's findings as to whether 
Complainants have established importation or sale for importation with 
respect to Juhua, Sinochem, and Fluorine. The Commission has determined 
not to review the remainder of the FID's findings.
    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. Explain whether the term ``sale for importation'' requires 
knowledge (actual or constructive) of the importation. Did Congress 
intend to prevent the Commission from excluding infringing imports in 
the absence of such knowledge? Provide support with reference to the 
statute (including the provisions regarding violation and remedy 
establishing the Commission's statutory authority over the imported 
articles), the legislative history, and/or applicable precedent. If 
some kind of knowledge is required, what evidence should be considered 
in determining whether the sale for importation is satisfied?
    2. Address whether the asserted claims of the '725 patent are 
invalid for indefiniteness under 35 U.S.C. 112 taking into account the 
parties' electrode-based and acetone-based arguments, and, in 
particular whether the FID correctly focuses on the global maximum rate 
of change, rather than the

[[Page 67854]]

local maximum rates of change in analyzing the relevant titrations.
    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 
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, Complainants are also requested to 
identify the remedy sought and to submit proposed remedial orders for 
the Commission's consideration. Complainants are 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 the close of business on November 6, 2026. All 
reply submissions must be filed no later than the close of business on 
November 13, 2026. Opening submissions from the parties are limited to 
25 pages. Reply submissions from the parties are limited to 15 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-1439) 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 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 
23, 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 23, 2026.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2026-21942 Filed 10-27-26; 8:45 am]
BILLING CODE 7020-02-P


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