[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1783-1784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00368]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1279]


Notice of a Commission Determination Not To Review an Initial 
Determination Granting HCY's Motion To Intervene; Certain Flocked 
Swabs, Products Containing Flocked Swabs, and Methods of Using Same

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. 30) of the presiding Administrative Law Judge 
(``ALJ'') granting non-parties Huanchenyang (Shenzhen) Technology Co., 
Ltd. and HCY USA LLC's (collectively ``HCY's'') motion to intervene as 
respondents in this investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 
<a href="/cdn-cgi/l/email-protection#b1f4f5f8e282f9d4ddc1f1c4c2d8c5d29fd6dec7"><span class="__cf_email__" data-cfemail="da9f9e9389e992bfb6aa9aafa9b3aeb9f4bdb5ac">[email protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov.

[[Page 1784]]

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 September 2, 2021, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, based on a complaint filed by Copan 
Italia S.p.A. and Copan Industries, Inc. (``Copan''). 86 FR 49343-44 
(Sept. 2, 2021). The complaint alleged a violation of section 337 in 
the importation into the United States, the sale for importation, or 
the sale within the United States after importation of certain flocked 
swabs, products containing flocked swabs, and methods of using same by 
reason of infringement of certain claims of U.S. Patent Nos. 9,011,358; 
9,173,779; and 10,327,741. The complaint also alleged the existence of 
a domestic industry. The notice of investigation named Han Chang Medic 
of Chungnam, Republic of Korea; Wuxi NEST Biotechnology Co., Ltd. of 
Wuxi, Jiangsu, China; NEST Scientific Inc. of Rahway, New Jersey; NEST 
Scientific USA of Rahway, New Jersey; Miraclean Technology Co., Ltd. of 
Shenzhen, Guangdong, China; Vectornate Korea Ltd. of Jangseong, 
Republic of Korea and Vectornate USA, Inc. of Mahwah, New Jersey 
(collectively, ``Vectorante''); Innovative Product Brands, Inc. of 
Highland, California (``IPB''); Thomas Scientific, Inc. of Swedesboro, 
New Jersey (``Thomas Inc.''); Thomas Scientific, LLC of Owings Mills, 
Maryland (``Thomas LLC''); Cardinal Health, Inc. of Dublin, Ohio 
(``Cardinal''); KSL Biomedical, Inc. of Williamsville, New York and KSL 
Diagnostics, Inc. of Williamsville, New York (collectively, ``KSL''); 
Jiangsu Changfeng Medical Industry Co., Ltd. of Yangzhou, Jiangsu, 
China; No Borders Dental Resources, Inc., dba MediDent Supplies of 
Queen Creek, Arizona; BioTeke Corporation (Wuxi) Co., Ltd. of Wuxi, 
Jiangsu, China; Fosun Pharma USA Inc. of Princeton, New Jersey; Hunan 
Runmei Gene Technology Co., Ltd. of Changsha, Hunan, China 
(``Runmei''); VWR International, LLC of Radnor, Pennsylvania (``VWR''); 
and Slmp, LLC dba StatLab Medical Products of McKinney, Texas as 
respondents. Id. at 49343-44. The Commission's Office of Unfair Import 
Investigations (``OUII'') is also named as a party in this 
investigation. Id. at 49344.
    Subsequently, the investigation was terminated as to the KSL 
respondents based on a consent order stipulation and consent order. 
Order No. 20 (Nov. 15, 2021), unreviewed by Notice (Dec. 6, 2021). 
Also, the investigation was terminated as to the following respondents: 
Thomas Inc.; Thomas LLC; Cardinal; VWR; Vectornate; and IPB. Orders 21-
25 (all issued on November 15, 2021), unreviewed by Notice (Dec. 6, 
2021). Furthermore, respondent Runmei was found in default. Order No. 
27 (Nov. 15, 2021), unreviewed by Notice (Dec. 6, 2021).
    On November 15, 2021, HCY moved to intervene as respondents in this 
investigation. On November 26, 2021, Copan filed an opposition to the 
motion and the Commission Investigative Staff filed a response in 
support of HCY's motion. On December 1, 2021, HCY filed a reply 
memorandum in support of the motion. No other responses were received.
    On December 7, 2021, the ALJ issued the subject ID granting HCY's 
motion. The ID noted that Fed. R. Civ. P. 24 ``provides some guidance 
in determining whether intervention in a particular matter is 
appropriate.'' ID at 6 (citing Certain Electronic Devices with Image 
Processing Systems, Components Thereof, and Associated Software, Inv. 
No. 337-TA-724, Comm'n Op. at 57 (Dec. 21, 2011) (EDIS Doc. ID 
467105)). The ID noted that ``[b]ased on the factors found in Federal 
Rule 24, a party's motion to intervene is most persuasive where (1) the 
motion is timely; (2) the movant has an interest relating to the 
property or transaction which is the subject of the action; (3) the 
movant is so situated that the disposition of the action may as a 
practical matter impair or impede the movant's ability to protect that 
interest; (4) the movant is not adequately represented by existing 
parties; and (5) the intervention will not unduly delay or prejudice 
the adjudication of the original parties' rights.'' Id. (citing 
Electronic Devices, Comm'n Op. at 57). The ID found that each of the 
factors identified in Certain Electronic Devices weighs in favor of 
permitting intervention. Id. at 7-9. No party petitioned for review of 
the ID.
    The Commission has determined not to review the subject ID. 
Huanchenyang (Shenzhen) Technology Co., Ltd. and HCY USA LLC are now 
respondents in this investigation.
    The Commission vote for this determination took place on January 6, 
2022.
    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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00368 Filed 1-11-22; 8:45 am]
BILLING CODE 7020-02-P


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