UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`
`
`
`
`
`
`
`In the Matter of
`
`CERTAIN FLOCKED SWABS,
`PRODUCTS CONTAINING FLOCKED
`SWABS, AND METHODS OF USING
`SAME
`
`
`
`
`
`Investigation No. 337-TA-1279
`
`
`
`
`
`
`
`
`
`
`NOTICE OF COMMISSION DECISION NOT TO REVIEW AN INITIAL
`DETERMINATION GRANTING A JOINT MOTION TO TERMINATE THE
`INVESTIGATION AS TO RESPONDENTS KSL BASED ON A CONSENT ORDER
`STIPULATION AND CONSENT ORDER; ISSUANCE OF A CONSENT ORDER
`
`U.S. International Trade Commission.
`
`Notice.
`
`
`AGENCY:
`
`ACTION:
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review an initial determination (“ID”) (Order No. 20) of the presiding
`Administrative Law Judge (“ALJ”) terminating investigation as to respondents KSL Biomedical,
`Inc. of Williamsville, New York and KSL Diagnostics, Inc. of Williamsville, New York
`(collectively, “KSL”) based on a consent order stipulation and consent order. Respondents KSL
`are terminated from the investigation and a consent order is issued to KSL.
`
`FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street, SW, Washington, D.C.
`20436, telephone (202) 205-2392. 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 September 2, 2021, the Commission instituted
`this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
`(“section 337”), based on a complaint filed by Copan Italia S.p.A. and Copan Industries, Inc.
`(collectively, “Copan”). 86 FR 49343-44 (Sep. 2, 2021). The complaint alleges a violation 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 flocked swabs, products containing flocked swabs,
`and methods of using same by reason of infringement of certain claims of U.S. Patent Nos.
`
`

`

`9,011,358; 9,173,779; and 10,327,741. The complaint also alleges the existence of a domestic
`industry. The notice of investigation names KSL; Han Chang Medic of Chungnam, Republic of
`Korea; Wuxi NEST Biotechnology Co., Ltd. of Wuxi, Jiangsu, China; NEST Scientific Inc. of
`Rahway, New Jersey; NEST Scientific USA of Rahway, New Jersey; Miraclean Technology
`Co., Ltd. of Shenzhen, Guangdong, China; Vectornate Korea Ltd. of Jangseong, Republic of
`Korea; Vectornate USA, Inc. of Mahwah, New Jersey; Innovative Product Brands, Inc. of
`Highland, California; Thomas Scientific, Inc. of Swedesboro, New Jersey; Thomas Scientific,
`LLC of Owings Mills, Maryland; Cardinal Health, Inc. of Dublin, Ohio; Jiangsu Changfeng
`Medical Industry Co., Ltd. of Yangzhou, Jiangsu, China; No Borders Dental Resources, Inc., dba
`MediDent Supplies of Queen Creek, Arizona; BioTeke Corporation (Wuxi) Co., Ltd. of Wuxi,
`Jiangsu, China; Fosun Pharma USA Inc. of Princeton, New Jersey; Hunan Runmei Gene
`Technology Co., Ltd. Changsha, Hunan, China; VWR International, LLC of Radnor,
`Pennsylvania; and Slmp, LLC dba StatLab Medical Products of McKinney, Texas as
`respondents. Id. at 49343-44. The Commission’s Office of Unfair Import Investigations
`(“OUII”) is also named as a party in this investigation. Id. at 49344.
`
`
`On October 15, 2021, complainants Copan and respondents KSL filed a second
`corrected joint motion to terminate this investigation as to KSL based upon entry of a Consent
`Order (“Second Corrected Motion”). In support of the Second Corrected Motion, Copan and
`KSL submitted corrected versions of KSL’s Consent Order Stipulation and Proposed Consent
`Order. On October 15, 2021, OUII filed a response in support of the parties’ first corrected
`joint motion to terminate the investigation as to KSL. OUII’s support of the motion was
`contingent on Copan and KSL correcting the claims listed in the motion, Consent Order
`Stipulation, and Proposed Consent Order to conform with the claims identified in the notice
`of investigation. OUII’s Response at 2 n. 1. The Second Corrected Motion addresses
`OUII’s concerns. No other party filed a response to any version of Copan and KSL’s joint
`motion to terminate the investigation as to KSL.
`
`On November 15, 2021, the ALJ issued the subject ID granting the joint motion. The
`ID finds that the consent order stipulation submitted by the parties complies with the
`requirements of Commission Rule 210.21(c)(3), 19 CFR 210.21(c)(3). ID at 3. The ID also
`finds that the consent order submitted by the parties complies with the requirements of
`Commission Rule 210.21(c)(4), 19 CFR 210.21(c)(4). Id. at 4. The ID further finds that
`termination of this investigation as to KSL does not impose any undue burdens on the public
`health and welfare, competitive conditions in the United States economy, production of like
`or directly competitive articles in the United States, or United States consumers. Id. at 5.
`No party petitioned for review of the ID.
`
`The Commission has determined not to review the subject ID. The investigation is
`terminated as to respondents KSL, and the Commission has issued a consent order to KSL.
`
`The Commission has determined not to review the subject ID.
`
`
`
`
`
`
`
`
`2
`
`

`

`The Commission vote for this determination took place on December 6, 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 Part 210.
`
`By order of the Commission.
`
`
`
` Lisa R. Barton
`Secretary to the Commission
`
` Issued: December 6, 2021
`
`
`
`
`
`
`
`
`3
`
`