[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49343-49344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18932]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1279]


Certain Flocked Swabs, Products Containing Flocked Swabs, and 
Methods of Using Same; Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 9, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Copan Italia S.p.A. 
of Brescia, Italy and Copan Industries, Inc. of Aguadilla, Puerto Rico. 
Supplements to the Complaint were filed on August 16, 2021, August 19, 
2021, and August 20, 2021. The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and 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 No. 9,011,358 (``the '358 Patent''); U.S. Patent 
No. 9,173,779 (``the '779 Patent''); and U.S. Patent No. 10,327,741 
(``the '741 Patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute. The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, 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#2d6869647e1e6548415d6d585e44594e034a425b"><span class="__cf_email__" data-cfemail="f3b6b7baa0c0bb969f83b386809a8790dd949c85">[email protected]</span></a>. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 27, 2021, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 6-9, 11-14, 16-19, and 21-22 of the '358 patent; claims 1, 4-
6, 8, 9, 11-13, 16-20, and 22-24 of the '779 patent; and claims 1, 3, 
5, 7-10, 18, and 20 of the '741 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``flocked swabs, such 
as nasopharyngeal swabs, and kits containing flocked swabs, that are 
used in the collection, sampling, or testing of and for infectious 
diseases such as influenza, SARS-CoV-2 (the coronavirus that causes 
COVID-19), and other diseases'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Copan Italia S.p.A., Via F. Perotti 10, 25125, Brescia, Italy
Copan Industries, Inc., 1068 Ave. General Ramey, #789 San Antonio, 
Puerto Rico 00690

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Han Chang Medic, 79-35 Jangsan 2-Gil, Susin-Myeon, Dongnam-Gu, Cheonan, 
Chungnam, 31252, Republic of Korea
Wuxi NEST Biotechnology Co., Ltd., No. 530, Xida Road, Meicun 
Industrial Park, Xinwu District, Wuxi, Jiangsu, 214112, China
NEST Scientific Inc., 1592 Hart St Unit 12, Rahway, NJ 07065-5519
NEST Scientific USA, 1592 Hart St Unit 12, Rahway, NJ 07065-5519
Miraclean Technology Co., Ltd., 301, Bldg. A, No. 18 Factory Building,

[[Page 49344]]

Rongshuxa Industrial Zone, Tongxin Community, Baolong Str., Longgang 
Dist., Shenzhen, Guangdong, 518116, China
Vectornate Korea Ltd., 56 Nanosandan 2-ro, Jinwon-myeon, Jangseong, 
Jeonnam, 57247, Republic of Korea
Vectornate USA, Inc., 10 Industrial Ave Ste 4, Mahwah, NJ 07430-2284
Innovative Product Brands, Inc., 7045 Palm Avenue, Highland, CA 92346-
3291
Thomas Scientific, Inc., 1654 High Hill Rd, Swedesboro, NJ 08085-1780
Thomas Scientific, LLC, 1654 High Hill Rd, Swedesboro, NJ 08085-1780
Stellar Scientific, LLC, 40 New Plant Ct, Owings Mills, MD 21117-4356
Cardinal Health, Inc., 7000 Cardinal Pl, Dublin, OH 43017-1091
Ksl Biomedical, Inc., 1000 Youngs Rd Ste 210, Williamsville, NY 14221-
2644
Ksl Diagnostics, Inc., 1000 Youngs Rd Ste 207, Williamsville, NY 14221-
2644
Jiangsu Changfeng Medical Industry Co., Ltd., Seat of Touqiao Town, 
Guangling District, Yangzhou, Jiangsu, 225108, China
No Borders Dental Resources, Inc., dba MediDent Supplies, 18716 E Old 
Beau Trl, Queen Creek, AZ 85142-3522
BioTeke Corporation (Wuxi) Co., Ltd., 4th Floor-A, D5, No. 1719, 
Huishan Avenue, Wuxi, Jiangsu, 214174, China
Fosun Pharma USA Inc., 104 Carnegie Ctr Ste 204, Princeton, NJ 08540-
6232
Hunan Runmei Gene Technology Co., Ltd., Room 401, Building No. 3 in 
ChangSha Medical and Health Industrial Park, No. 1048 Zhong Qing Road, 
Kai Fu District, Changsha, Hunan, 410153, China
VWR International, LLC, 100 W Matsonford Rd Ste 1, Radnor, PA 19087-
4565
Slmp, LLC dba StatLab Medical Products, 2090 Commerce Dr., McKinney, TX 
75069-8203

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: August 27, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18932 Filed 9-1-21; 8:45 am]
BILLING CODE 7020-02-P


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