46882 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 2 86 FR 35263–35265, 35267–35276, July 2, 2021. 

investigation Nos. 701–TA–668–669 and 

antidumping duty investigation Nos. 

731–TA–1565–1566 (Preliminary). 

Notice of the institution of the 

Commission’s investigations and of a 

public conference to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register on July 8, 2021 (86 FR 

36158). In light of the restrictions on 

access to the Commission building due 

to the COVID–19 pandemic, the 

Commission conducted its conference 

through written testimony and video 

conference on July 21, 2021. All persons 

who requested the opportunity were 

permitted to participate. 

The Commission made these 

determinations pursuant to §§ 703(a) 

and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)). It completed 

and filed its determinations in these 

investigations on August 16, 2021. The 

views of the Commission are contained 

in USITC Publication 5226 (August 

2021), entitled Urea Ammonium Nitrate 

Solutions from Russia and Trinidad and 

Tobago: Investigation Nos. 701–TA– 

668–669 and 731–TA–1565–1566 

(Preliminary). 

By order of the Commission. 

Issued: August 16, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–17833 Filed 8–19–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–654–655 and 

731–TA–1530–1532 (Final)] 

Seamless Carbon and Alloy Steel 

Standard, Line, and Pressure Pipe 

From Korea, Russia, and Ukraine 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that an industry in the United States is 

materially injured by reason of imports 

of seamless carbon and alloy steel 

standard, line, and pressure pipe 

(‘‘SSLP pipe’’) from Korea, Russia, and 

Ukraine, provided for in subheadings 

7304.19.10, 7304.19.50, 7304.31.60, 

7304.39.00, 7304.51.50, 7304.59.60, and 

7304.59.80 of the Harmonized Tariff 

Schedule of the United States, that have 

been found by the U.S. Department of 

Commerce (‘‘Commerce’’) to be sold in 

the United States at less than fair value 

(‘‘LTFV’’) and to be subsidized by the 

governments of Korea and Russia.2

Background 

The Commission instituted the 

antidumping and countervailing duty 

investigations effective July 8, 2020, 

following receipt of petitions filed with 

the Commission and Commerce by 

Vallourec Star, LP, Houston, Texas. The 

Commission established a general 

schedule for the conduct of the final 

phase of its investigations on SSLP pipe 

from the Czech Republic (‘‘Czechia’’), 

Korea, Russia, and Ukraine following 

notification of preliminary 

determinations by Commerce that 

imports of SSLP pipe from Korea and 

Russia were subsidized within the 

meaning of section 703(b) of the Act (19 

U.S.C. 1671b(b)) and imports of SSLP 

pipe from Czechia were sold at LTFV 

within the meaning of 733(b) of the Act 

(19 U.S.C. 1673b(b)). Notice of the 

scheduling of the final phase of the 

Commission’s investigations and of a 

public hearing to be held in connection 

therewith was given by posting copies 

of the notice in the Office of the 

Secretary, U.S. International Trade 

Commission, Washington, DC, and by 

publishing the notice in the Federal 

Register on December 31, 2020 (85 FR 

86946). In light of the restrictions on 

access to the Commission building due 

to the COVID–19 pandemic, the 

Commission conducted its hearing 

through written testimony and video 

conference on March 4, 2021. All 

persons who requested the opportunity 

were permitted to participate. 

The investigation schedules became 

staggered when Commerce did not 

postpone its preliminary determination 

in the antidumping duty investigation 

with respect to Czechia (85 FR 83059, 

December 21, 2020). On April 19, 2021, 

the Commission issued a final 

affirmative determination in its 

antidumping duty investigation of SSLP 

pipe from Czechia (86 FR 21763). 

Following notification of final 

determinations by Commerce that 

imports of SSLP pipe from Korea, 

Russia, and Ukraine were being sold at 

LTFV within the meaning of section 

735(a) of the Act (19 U.S.C. 1673d(a)), 

and subsidized by the governments of 

Korea and Russia within the meaning of 

section 705(a) of the Act (19 U.S.C. 

1671d(a)), notice of the supplemental 

scheduling of the final phase of the 

Commission’s antidumping and 

countervailing duty investigations was 

given by posting copies of the notice in 

the Office of the Secretary, U.S. 

International Trade Commission, 

Washington, DC, and by publishing the 

notice in the Federal Register of July 13, 

2021 (86 FR 36772). 

The Commission made these 

determinations pursuant to §§ 705(b) 

and 735(b) of the Act (19 U.S.C. 

1671d(b) and 19 U.S.C. 1673d(b)). It 

completed and filed its determinations 

in these investigations on August 16, 

2021. The views of the Commission are 

contained in USITC Publication 5222 

(August 2021), entitled Seamless 

Carbon and Alloy Steel Standard, Line, 

And Pressure Pipe from Korea, Russia, 

and Ukraine: Investigation Nos. 701– 

TA–654–655 and 731–TA–1530–1532 

(Final). 

By order of the Commission. 

Issued: August 16, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–17845 Filed 8–19–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1178] 

Certain Laparoscopic Surgical 

Staplers, Reload Cartridges, and 

Components Thereof; Commission 

Determination To Review in Part a 

Final Initial Determination Finding a 

Violation of Section 337; Schedule for 

Filing Written Submissions on the 

Issues Under Review and on Remedy, 

Public Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part the Administrative Law Judge’s 

(‘‘ALJ’’) final initial determination 

(‘‘ID’’), issued on June 8, 2021, finding 

a violation of section 337 in the abovereferenced investigation as to two of the 

four asserted patents. The Commission 

requests briefing from the parties on 

certain issues under review, as 

indicated in this notice. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin S. Richards, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–5453. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices 46883 

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: The 

Commission instituted this investigation 

on July 5, 2019, based on a complaint 

filed by Ethicon LLC of Guaynabo, PR; 

Ethicon Endo-surgery, Inc. of 

Cincinnati, OH; and Ethicon US, LLC of 

Cincinnati, OH (collectively, 

‘‘Ethicon’’). 84 FR 32220 (July 5, 2019); 

see also 84 FR 65174 (Nov. 26, 2019) 

(amending the caption). The complaint 

alleged violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337, based on the importation 

into the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain laparoscopic surgical staplers, 

reload cartridges, and components 

thereof by reason of infringement of one 

or more claims of U.S. Patent Nos. 

9,844,379 (‘‘the ’379 patent’’) ; 9,844,369 

(‘‘the ’369 patent’’); 7,490,749 (‘‘the ’749 

patent’’); 8,479,969 (‘‘the ’969 patent’’); 

and 9,113,874 (‘‘the ’874 patent’’). 84 FR 

at 32220. The Commission’s notice of 

investigation named the following as 

respondents: Intuitive Surgical Inc., of 

Sunnyvale, CA; Intuitive Surgical 

Operations, Inc., of Sunnyvale, CA; 

Intuitive Surgical Holdings, LLC, of 

Sunnyvale, CA; and Intuitive Surgical S. 

De R.L. De C.V. of Mexicali, Mexico 

(collectively, ‘‘Intuitive’’). Id. The Office 

of Unfair Import Investigations is not 

participating in this investigation. Id. 

On October 23, 2020, the ALJ granted 

Ethicon’s motion for leave to amend the 

complaint, case caption, and Notice of 

Investigation to reinstate the original 

plain English statement of the category 

of accused products, as well as the 

original case caption, and to 

reincorporate Intuitive’s laparoscopic 

surgical staplers and components 

thereof as articles to be excluded. Order 

No. 14, unreviewed by Comm’n Notice 

(Nov. 21, 2019). As initially instituted, 

the investigation covered reload 

cartridges for those staplers, but not the 

actual staplers themselves. See id. 

On October 29, 2019, the ALJ 

conducted a Markman hearing. 

Thereafter, on January 7, 2020, the ALJ 

issued Order No. 15, which construed 

various terms in the asserted patents. 

On March 5, 2020, the ALJ granted 

Ethicon’s motion to terminate claim 1 of 

the ’379 patent and all claims of the ’749 

patent from the investigation. See Order 

No. 21, unreviewed by Comm’n Notice 

(Mar. 25, 2020). 

On April 21, 2020, Ethicon moved for 

leave to file a second amended 

complaint to include the Certificate of 

Correction for the ’379 patent. The ALJ 

granted Ethicon’s motion on May 6, 

2020, and Ethicon filed its second 

amended complaint on May 7, 2020. See 

Order No. 36; Doc. ID 709878. 

On June 8, 2021, the ALJ issued the 

subject ID on violation, which found a 

violation of section 337 based on 

infringement of the ’369 and ’379 

patents by Intuitive. The ID found no 

violation based on the ’969 and 874 

patents. Also, on June 8, 2021, the ALJ 

issued his recommended determination 

on remedy and bonding. The ALJ 

recommended, upon a finding of 

violation, that the Commission issue a 

limited exclusion order, issue a cease 

and desist order, and impose a bond in 

the amount of zero percent of the 

entered value of any covered products 

imported during the period of 

Presidential review. 

On June 21, 2021, Ethicon and 

Intuitive submitted petitions seeking 

review of the subject ID. On June 29, 

2021, Ethicon and Intuitive submitted 

responses to the others’ petitions. 

Having examined the record of this 

investigation, including the ID, the 

petitions for review, and the responses 

thereto, the Commission has determined 

to review the ID with respect to (1) the 

ID’s findings on claim construction, 

infringement, anticipation, obviousness, 

and enforceability for the ’969 patent; 

and (2) the ID’s findings on claim 

construction, infringement, and 

obviousness for the ’369 patent. The 

Commission has determined not to 

review the remainder of the ID. 

In connection with its review, 

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. Claim 24 of the ’969 patent 

includes the terms ‘‘elongated shaft 

assembly’’ and ‘‘transmission 

assembly.’’ Concerning these terms, 

identify where in the record, if 

anywhere: 

a. The parties proposed constructions 

for these terms; 

b. The parties argued in support of 

any constructions proposed; and 

c. The ALJ construed these terms. 

2. Concerning the terms ‘‘elongated 

shaft assembly’’ and ‘‘transmission 

assembly,’’ indicate whether these terms 

should be construed according to their 

plain and ordinary meaning. If these 

terms should be construed according to 

their plain and ordinary meaning, what 

is the plain and ordinary meaning of 

each term? If these terms should be 

construed otherwise, identify the correct 

mode of construction and the 

corresponding construction for each 

term. Identify with specificity the 

evidence of record that supports your 

contentions with particular emphasis on 

evidence intrinsic to the ’969 patent. 

a. Explain whether the SureForm 

products meet these limitations under 

the parties’ proposed constructions. 

3. Does the evidence of record support 

the conclusion that persons of ordinary 

skill in the art with respect to the ’969 

patent were responsible for the decision 

to create a joint venture between PMI 

and Intuitive for the purpose of 

modifying the PMI i60 stapler to work 

with the da Vinci Si surgical system? 

Provide any citations to the record that 

support your contention. 

4. Does the record indicate whether 

the Si EndoWrist 45 stapler is the 

subject of one or more patents? Identify 

any such patents. 

5. Claim 22 of the ’369 patent 

includes the term ‘‘elongate channel.’’ 

Concerning that term, identify where in 

the record, if anywhere: 

a. The parties proposed constructions 

for that term; 

b. The parties argued in support of 

any constructions proposed; and 

c. The ALJ construed that term. 

6. Concerning the term ‘‘elongate 

channel,’’ indicate whether these terms 

should be construed according to its 

plain and ordinary meaning? If this term 

should be construed according to its 

plain and ordinary meaning, what is the 

plain and ordinary meaning of the term? 

If the term should be construed 

otherwise, identify the correct mode of 

construction and the corresponding 

construction. Identify with specificity 

the evidence of record that supports 

your contentions with particular 

emphasis on evidence intrinsic to the 

’369 patent. 

a. Explain whether the SureForm 

products meet this limitation under the 

parties’ proposed constructions. 

7. Claim 22 of the ’369 patent 

includes the limitation: ‘‘means for 

guiding the at least one lower foot on 

the firing element out of the proximal 

channel opening into the internal 

passage upon initial application of a 

firing motion to the firing element.’’ If 

the Commission determines that the 

corresponding structure for that 

limitation is limited to flat, as opposed 

to curved, chamfers and slopes, would 


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46884 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

the accused products practice this 

limitation? 

8. Concerning claims 22 and 23 of the 

’369 patent, Intuitive states in its 

petition for review that its proposed 

obviousness combination ‘‘includes 

each limitation of the asserted claims 

under Ethicon’s theory of 

infringement.’’ Identify what aspect of 

Intuitive’s obviousness theory is 

dependent on Ethicon’s theory of 

infringement and explain how it is 

dependent. 

9. If the Commission finds that 

Intuitive does not infringe claims 22 and 

23 of the ’369 patent, explain whether 

Intuitive’s obviousness theories 

necessarily fail by virtue of their 

dependence on Ethicon’s infringement 

theory. 

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). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders 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, Complainant 

is also requested to identify the remedy 

sought and to submit proposed remedial 

orders for the Commission’s 

consideration. Complainant is further 

requested to state the dates that the 

Asserted Patents expire, 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. The initial 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on August 23, 

2021. Reply submissions must be filed 

no later than the close of business on 

August 30, 2021. Opening submissions 

are limited to 100 pages. Reply 

submissions are limited to 75 pages. No 

further submissions on 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. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 

(March 19, 2020). Submissions should 

refer to the investigation number (Inv. 

No. 337–TA–1167) in a prominent place 

on the cover page and/or the first page. 

(See Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

documents/handbook_on_filing_

procedures.pdf). 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. A redacted nonconfidential version of the document 

must also be filed simultaneously with 

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 August 16, 

2021. 

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 210). 

By order of the Commission. 

Issued: August 16, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–17843 Filed 8–19–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Investigation Nos. 701–TA–468 and 

731–TA–1166–1167 (Second Review); 

Certain Magnesia Carbon Bricks From 

China and Mexico 

Determination 

On the basis of the record 1 developed 

in the subject five-year reviews, the 


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