Certain Composite Intermediate Bulk Containers; Notice of Commission Decision Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation

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U.S. International Trade Commission.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 10) of the presiding Chief Administrative Law Judge (“Chief ALJ”) granting an unopposed motion to amend the complaint and notice of investigation to change the address of one of the respondents.

On January 27, 2025, the Commission instituted this investigation based on a complaint filed by Schütz 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, alleged 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. 9,718,581; 8,708,150; 8,919,562; 8,567,626; 9,004,310; and 8,276,299. Id. The Commission's notice of investigation named the following respondents: Shandong Jinshan Jieyuan Container Co., Ltd. of Zhengjiang City, China; Zibo Jielin Plastic Pipe Manufacture Co. Ltd. of Zibo City, China; Shanghai Sakura Plastic Products Co., Ltd. (d/b/a Shanghai Yinghua Plastic Products Co., LTD) of Shanghai, China; and Hebei Shijiheng Plastics, Co., Ltd. of Zhongjie Huanghua City, China (“Hebei Shijiheng Plastics”). Id. The Office of Unfair Import Investigations was also named as a party in the investigation. Id.

The Commission previously terminated the investigation as to certain patent claims from the investigation based on withdrawal of the complaint. See Order No. 9 (Apr. 2, 2025), unreviewed by Notice (Apr. 22, 2025).

On April 10, 2025, Complainants moved to amend the complaint and notice of investigation to change the address of Hebei Shijiheng Plastics. No responses to the motion were filed.

On May 9, 2025, the Chief ALJ issued the subject ID (Order No. 10) pursuant to Commission Rule 210.14 (19 CFR 210.14), granting the motion. The ID finds that good cause exists to grant the motion, because Complainants were able to serve Hebei Shijiheng Plastics at an address different from that listed in the original complaint. ID at 2-3.

No petitions for review of the subject ID were filed. ( printed page 23568)

The Commission has determined not to review the subject ID.

The Commission's vote for this determination took place on May 28, 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: May 28, 2025.

Lisa Barton,

Secretary to the Commission.

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