Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 2023 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1203 

(Rescission)] 

Certain Rolled-Edge Rigid Plastic Food 

Trays; Notice of Commission 

Determination to Institute a Rescission 

Proceeding and to Temporarily 

Suspend a Limited Exclusion Order 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

a rescission proceeding and to 

temporarily suspend enforcement of a 

limited exclusion order (‘‘LEO’’) issued 

in the underlying investigation. 

FOR FURTHER INFORMATION CONTACT: 

Robert Needham, 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 

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 

EDIS3Help@usitc.gov. 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: On June 

23, 2020, the Commission instituted this 

investigation based on a complaint filed 

on behalf of Clearly Clean Products, LLC 

of South Windsor, Connecticut, and 

Converter Manufacturing, LLC of 

Orwigsburg, Pennsylvania (together, 

‘‘Complainants’’). 85 FR 37689–90 (Jun. 

23, 2020). The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, based upon the importation into 

the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain rolled-edge rigid plastic food 

trays that infringe claim 9 of U.S. Patent 

No. 9,908,281 (‘‘the ’281 patent’’) and 

claims 1, 12, 20, and 21 of U.S. Patent 

No. 10,562,680 (‘‘the ’680 patent’’). Id. at 

37689–90. The complaint also alleged 

that a domestic industry exists. Id. at 

37689. The Commission’s notice of 

investigation names as respondents Eco 

Food Pak (USA), Inc. of Chino, 

California (‘‘Eco Food Pak’’), and 

Ningbo Linhua Plastic Co., Ltd. of Xiwu, 

China (‘‘Ningbo Linhua Plastic’’). Id. at 

37690. The Office of Unfair Import 

Investigations participated in this 

investigation. Id. 

The investigation was terminated 

with respect to Eco Food Pak based on 

the entry of a consent order. Order No. 

6 (Oct. 1, 2020), unreviewed by Comm’n 

Notice (Oct. 20, 2020). 

On October 6, 2020, the Commission 

found Ningbo Linhua Plastic in default 

for failing to respond to the complaint, 

the notice of investigation, and an order 

to show cause why it should not be 

found in default. Order No. 7 (Oct. 6, 

2020), unreviewed by Comm’n Notice 

(Oct. 20, 2020). On February 25, 2021, 

the Commission issued a LEO against 

Ningbo Linhua Plastic with respect to 

claims claim 9 of the ’281 patent and 

claims 1, 12, 20, and 21 of the ’680 

patent, and terminated the investigation. 

On December 4, 2024, Ningbo Linhua 

Plastic filed a petition to rescind the 

LEO because the subject patent claims 

were found unpatentable by the United 

States Patent and Trademark Office’s 

(‘‘USPTO’’) Patent Trial and Appeal 

Board (‘‘PTAB’’). Ningbo Linhua Plastic 

provided the PTAB’s final written 

decisions that found, inter alia, that 

claim 9 of the ’281 patent and claims 1, 

12, 20, and 21 of the ’680 patent are 

unpatentable, as well as the U.S. Court 

of Appeals for the Federal Circuit’s 

affirmances of those final written 

decisions and denials of en banc review. 

Ningbo Linhua Plastic asserts that the 

unpatentability of the patent claims in 

the limited exclusion order is now final 

and unappealable, and constitutes a 

changed circumstance that warrants 

recission of the limited exclusion order 

pursuant to 35 U.S.C. 1337(k)(1) and 19 

CFR 210.76. 

On December 13, 2024, Complainants 

filed a response opposing the rescission 

of the LEO. Complainants argue that 

patent claims are valid until the USPTO 

cancels the claims, which cannot occur 

until after the time of filing for a writ 

of certiorari expires or the completion of 

a U.S. Supreme Court appeal. 

Complainants state that Converter 

Manufacturing LLC intends to seek a 

writ of certiorari for U.S. Supreme Court 

review of the appeal prior to the 

February 10, 2025 deadline. 

Having reviewed Ningbo Linhua 

Plastic’s petition seeking to rescind the 

LEO and Complainants’ response, the 

Commission has determined to institute 

a recission proceeding. Based on the 

Federal Circuit’s summary affirmance of 

the PTAB’s final written decisions 

regarding the invalidity of the LEO’s 

subject claims and its denial of 

Complainant’s petition for rehearing en 

banc, the Commission finds that the 

conditions which led to the LEO no 

longer exist, and are unlikely to be 

reinstated, under 19 U.S.C. 1337(k)(1) 

and (2)(B). The Commission also finds 

that the requirements of Commission 

Rule 210.76(a) (19 CFR 210.76(a)) are 

satisfied. Because the LEO’s patent 

claims are still subject to U.S. Supreme 

Court appeal, the Commission has 

determined to grant partial relief and to 

temporarily suspend enforcement of the 

LEO pending the cancellation of its 

subject patent claims or the reversal or 

vacatur of the Federal Circuit’s 

decisions. The Commission Order 

issued concurrently herewith 

temporarily suspends enforcement of 

the LEO. 

The Commission has determined that 

no other actions are necessary at this 

time, so the rescission proceeding 

remains pending, and the parties are 

instructed to keep the Commission 

apprised of any significant 

developments on appeal or at the 

USPTO. 

The Commission vote for this 

determination took place on January 3, 

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: January 3, 2025. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2025–00322 Filed 1–8–25; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–722–725 and 

731–TA–1690–1693 (Final)] 

Crystalline Silicon Photovoltaic 

Products (Solar Panels) From 

Cambodia, Malaysia, Thailand, and 

Vietnam; Corrected Notice of 

Scheduling of the Final Phase of 

Countervailing Duty and Antidumping 

Duty Investigations 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping and 

countervailing duty investigation Nos. 

701–TA–722–725 and 731–TA–1690– 

1693 (Final) pursuant to the Tariff Act 


khammond on DSK9W7S144PROD with NOTICES