[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Notices]
[Pages 8272-8273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03324]
[[Page 8272]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1434]
Certain Composite Intermediate Bulk Containers; Notice of
Commission Determination on Remedy, the Public Interest, and Bonding
for a Defaulting Respondent; Termination 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 to issue a limited exclusion order and impose
a bond of 100 percent (100%) against a defaulting respondent, Hebei
Shijiheng Plastics, Co., Ltd., of Zhongjie Huanghua City, China
(``Hebei Shijiheng''). The Commission has determined that the remedy
will not adversely impact the public interest. This investigation is
hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 27, 2025, the Commission
instituted this investigation based on a complaint filed by Sch[uuml]tz
Container Systems, Inc. of North Branch, New Jersey and Protechna S.A.
of Fribourg, Switzerland (collectively, ``Complainants''). 90 FR 8222-
23 (Jan. 27, 2025). The complaint, as supplemented, alleges violations
of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), by reason of the infringement of certain claims of
U.S. Patent Nos. 9,004,310 (``the '310 patent''); 9,718,581; 8,708,150;
8,919,562; 8,567,626; and 8,276,299. Id. The Commission's notice of
investigation named the following respondents: Hebei Shijiheng;
Shanghai Sakura Plastic Products Co., Ltd. (d/b/a Shanghai Yinghua
Plastic Products Co., Ltd.) of Shanghai, China (``Sakura''); Shandong
Jinshan Jieyuan Container Co., Ltd. of Zhengjiang City, China
(``Jinshan''); and Zibo Jielin Plastic Pipe Manufacture Co. Ltd. of
Zibo City, China (``Jielin''). Id. The Office of Unfair Import
Investigations (``OUII'') is also a party in the investigation. Id.
On April 22, 2025, the Commission terminated the investigation as
to certain patent claims based on withdrawal of the complaint. See
Order No. 9 (Apr. 2, 2025), unreviewed by Notice (Apr. 22, 2025).
On May 28, 2025, the Commission amended the complaint and notice of
investigation to change the address of Hebei Shijiheng to the address
where Hebei Shijiheng had been served with the complaint and notice of
investigation. Order No. 10 (May 9, 2025), unreviewed by Notice (May
28, 2025).
On July 7, 2025, the Commission amended the complaint and notice of
investigation to assert claims 1-3 and 5 of the '150 patent against
respondents Jinshan and Sakura. Order No. 12 (June 13, 2025),
unreviewed by 90 FR 30680-81 (July 10, 2025). The Commission found that
good cause exists for the amendments because ``Complainants learned of
additional infringing product models manufactured by Jinshan and Sakura
after filing of the complaint.'' Order No. 12 at 3.
Also on July 7, 2025, the Commission found respondent Hebei
Shijiheng in default for failure to respond to the complaint and notice
of investigation or an order to show cause (Order No. 11) issued on
June 2, 2025. Order No. 13 (June 17, 2025), unreviewed by Comm'n Notice
(July 7, 2025).
On September 11, 2025, Complainants filed a declaration pursuant to
section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c)
(19 CFR 210.16(c)) seeking immediate entry of relief against the
defaulting respondent, Hebei Shijiheng. Specifically, Complainants
request a limited exclusion order prohibiting entry into the United
States of Hebei Shijiheng's infringing articles. Complainants also
request that the Commission set a bond of 100 percent (100%) of the
entered value of the infringing articles during the period of
Presidential review.
On December 22, 2025, the Commission determined to adopt three
initial determinations (Order Nos. 20, 21, and 22) granting
Complainants' unopposed motions to terminate Sakura, Jinshan, and
Jielin, respectively, from this investigation due to consent orders,
pursuant to Commission Rule 210.21(a)(2), 19 CFR 210.21(a)(2). See
Order No. 20 (Dec. 8, 2025) (terminating Sakura); Order No. 21 (Dec. 8,
2025) (terminating Jinshan); Order No. 22 (Dec. 8, 2025) (terminating
Jielin), unreviewed by 90 FR 61164-65 (Dec. 30, 2025).
In that same notice, the Commission requested written submissions
on the issues of remedy, the public interest, and bonding with respect
to the defaulting respondent, Hebei Shijiheng. 90 FR at 61164-65.
Complainants and OUII filed their initial responses on January 9, 2026.
Complainants request entry of a limited exclusion order directed to
Hebei Shijiheng. Complainants do not request the issuance of a cease
and desist order. OUII filed a reply to the Complainants' response on
January 16, 2026. Complainants did not file a reply. No respondent,
including Hebei Shijiheng, or any third party or interested government
agency filed a response to the Commission's request or opposed the
relief requested by Complainants and OUII.
When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C.
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission,
upon request, to issue a limited exclusion order or a cease and desist
order or both against a respondent found in default, based on the
allegations regarding a violation of section 337 in the complaint,
which are presumed to be true, unless after consideration of the public
interest factors in section 337(g)(1), it finds that such relief should
not issue.
Having reviewed the parties' submissions, the Commission has
determined to issue a limited exclusion order against Hebei Shijiheng
to exclude covered products that infringe claims 1-5 and 8 of the '310
patent, pursuant to 19 U.S.C. 1337(g)(1) and Commission Rule
210.16(c)(1), 19 CFR 210.16(c)(1). The Commission has determined that
excluding the intermediate bulk containers at issue will not have an
adverse effect on the public interest. The Commission has also
determined to impose a bond in the amount of 100 percent (100%) of the
entered value of articles covered articles imported during the period
of Presidential review, pursuant to 19 U.S.C. 1337(j)(3) and Commission
Rule 210.50(a)(3), 19 CFR 210.50(a)(3).
This investigation is hereby terminated.
The Commission's vote for this determination took place on February
17, 2026.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as
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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: February 17, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-03324 Filed 2-19-26; 8:45 am]
BILLING CODE 7020-02-P