`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`
`
`
` Inv. No. 337-TA-1279
`
`In the Matter of
`
`CERTAIN FLOCKED SWABS, PRODUCTS
`CONTAINIG FLOCKED SWABS, AND
`METHODS OF USING SAME
`
`
`
`
`
`
`
`INITIAL DETERMINATION TERMINATING INVESTIGATION
`AS TO THOMAS SCIENTIFIC, INC.
`
`ORDER NO. 25:
`
`(November 15, 2021)
`
`On October 14, 2021, Complainants Copan Italia S.p.A. and Copan Industries, Inc.
`
`(collectively, “Copan”) filed a motion (1279-019; EDIS Doc. ID 754187) to terminate
`
`Respondent Thomas Scientific, Inc. (“Thomas”) from this investigation based upon withdrawal
`
`of allegations in the Complaint directed to that entity. According to Copan, it “now understands
`
`that Thomas Scientific, Inc. is a relic of a corporate transaction that occurred in 2017 and no
`
`longer operates.” Motion at 1. On October 25, 2021, the Office of Unfair Import Investigation
`
`(“Staff”) filed a response (EDIS Doc. ID 755060) supporting the motion. No other party filed a
`
`response to Copan’s motion to terminate the investigation as to Thomas.
`
`Commission Rule 210.21(a)(1), 19 CFR § 210(a)(1), states, inter alia:
`
`Any party may move at any time prior to the issuance of an initial
`determination on violation of section 337 of the Tariff Act of 1930
`for an order to terminate an investigation in whole or in part as to
`any or all respondents, on the basis of withdrawal of the complaint
`or certain allegations contained therein . . . . A motion for
`termination of an investigation based on withdrawal of the
`complaint, or for good cause, shall contain a statement that there
`are no agreements, written or oral, express or implied between the
`parties concerning the subject matter of the investigation, or if
`there are any agreements concerning the subject matter of the
`investigation, all such agreements shall be identified, and if
`
`
`
`written, a copy shall be filed with the Commission along with the
`motion. . . .
`(emphasis added). Copan states that there are no agreements, written or oral, express or implied,
`
`with Thomas Scientific, Inc. concerning the subject matter of this Investigation (e.g., no
`
`settlement, licensing, or other such agreement).” Motion at 2.1
`
`The Commission has held that “in the absence of extraordinary circumstances,
`
`termination of an investigation will be readily granted to a complainant during the prehearing
`
`stage of an investigation.” Certain Ultrafiltration Membrane Systems, & Components Thereof,
`
`Including Ultrafiltration Membranes, Inv. No. 337-TA-107, Commission Action & Order at 2
`
`(Mar. 11, 1982). Neither Copan nor Staff contend that there any extraordinary circumstances
`
`that would warrant denying Copan’s motion. The undersigned finds no extraordinary
`
`circumstances that prevent terminating Thomas from this investigation. Further, the termination
`
`of the investigation as to Thomas is in the public interest, as public and private resources will be
`
`conserved. Certain Power Supplies, Inv. No. 337-TA-646, Order No. 18 (Jan. 5, 2009).
`
`Accordingly, it is the undersigned’s Initial Determination that Copan’s unopposed motion
`
`to terminate this investigation as to Thomas (1279-019) is hereby GRANTED. Respondent
`
`Thomas Scientific, Inc. is hereby terminated from this Investigation.
`
`This Initial Determination, along with supporting documentation, is hereby certified to
`
`the Commission. Pursuant to 19 C.F.R. § 210.42(h), this Initial Determination shall become the
`
`determination of the Commission unless a party files a petition for review of the Initial
`
`
`1 Copan entered a settlement agreement with an entity related to Thomas (Thomas Scientific, LLC).
`Copan’s settlement agreement with this Thomas entity is the subject of a separate motion to
`terminate (1279-020; EDIS Doc. ID 754195).
`
`- 2 -
`
`
`
`
`Determination pursuant to 19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R. §
`
`210.44, orders, on its own motion, a review of the Initial Determination or certain issues, herein.
`
`SO ORDERED.
`
`
`
`
`
`___________________________________
`Monica Bhattacharyya
`Administrative Law Judge
`
`- 3 -
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
