[Federal Register Volume 90, Number 135 (Thursday, July 17, 2025)]
[Notices]
[Pages 33394-33395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13429]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1439]
Certain Polyvinylidene Fluoride Resins; Notice of Commission
Determination Not To Review an Initial Determination Granting a Motion
To Amend the Complaint and Notice of Investigation
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. 9) granting a motion to amend the complaint and
notice of investigation.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential
[[Page 33395]]
documents filed in connection with this investigation may be viewed on
the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email [email protected]. General
information concerning the Commission may also be obtained by accessing
its internet server at https://www.usitc.gov. 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 Synesqo SA of
Brussels, Belgium; Solvay Specialty Polymers, USA LLC of Alpharetta,
Georgia; and Solvay Specialty Polymers Italy S.P.A. of Bollate, Italy
(together, ``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 Inner Mongolia 3F Wanhao Fluorochemical Industry Co. Ltd.
of Fengzhen, China (``3F''); Zhejiang Juhua Co., Ltd. of Quzhou City,
China; Zhejiang Fluorine Chemical New Material Co., Ltd. of Shaoxing,
China (``Zhejiang Fluorine''); Hubei Fluorine New Materials Co., Ltd.
of Dongtan Village, China (``Hubei Fluorine''); and Sinochem Lantian
Co., Ltd. of Hangzhou, China. Id. The Office of Unfair Import
Investigations is not participating in the investigation. Id.
On April 21, 2025, the Commission terminated the investigation with
respect to 3F based on settlement. Order No. 8 (Mar. 28, 2025),
unreviewed by Comm'n Notice (Apr. 21, 2025).
On June 6, 2025, Complainants moved to amend the complaint and
notice of investigation to add allegations that Zhejiang Fluorine and
Hubei Fluorine infringe claims 8 and 9 of the '725 patent, and attached
a proposed First Amended Complaint. Complainants asserted that the
allegations are based on discovery produced in this investigation, and
that the amendment does not unduly prejudice Zhejiang Fluorine and
Hubei Fluorine. On June 16, 2025, Zhejiang Fluorine and Hubei Fluorine
opposed the motion, arguing that Complainants delayed four weeks in
filing their motion and that the amendment causes prejudice considering
the June 30, 2025 invalidity contentions deadline and the July 21, 2025
discovery deadline.
On June 23, 2025, the ALJ issued the subject ID granting the motion
pursuant to 19 CFR 210.14(b). The ALJ found that Complainants had only
learned of the relevant subject matter two weeks prior to filing their
motion, and that any prejudice would be mitigated by Complainants'
representation that they would not object to an invalidity contentions
supplementation on claims 8 and 9 within a reasonable timeframe. No
party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. The
Commission hereby considers Complainants' First Amended Complaint to be
the operative complaint in this investigation and amends the notice of
investigation to include allegations asserting infringement of claims 8
and 9 of the '725 patent as consistent with the First Amended
Complaint.
The Commission vote for this determination took place on July 14,
2025.
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: July 15, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-13429 Filed 7-16-25; 8:45 am]
BILLING CODE 7020-02-P