UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN FLOCKED SWABS,
`PRODUCTS CONTAINING FLOCKED
`SWABS, AND METHODS OF USING
`SAME
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`Investigation No. 337-TA-1279
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`NOTICE OF A COMMISSION DETERMINATION EXTENDING THE DATE FOR
`THE COMMISSION’S DECISION ON WHETHER TO REVIEW A FINAL INITIAL
`DETERMINATION AND THE TARGET DATE
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`U.S. International Trade Commission.
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`Notice.
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`AGENCY:
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined to extend the date for the Commission’s decision on whether to review a final initial
`determination (“ID”) finding no violation of section 337 to March 17, 2023, and the target date
`to May 17, 2023, in the above-captioned investigation.
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`FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., 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.
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`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,
`based on a complaint filed by Copan Italia S.p.A. and Copan Industries, Inc. (“Copan,” or
`“Complainants”). 86 FR 49343-44 (Sept. 2, 2021). The complaint alleged 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 claims 1, 6-9, 11-14, 16-19, and 21-22
`of U.S. Patent No. 9,011,358 (“the ’358 patent”); claims 1, 4-6, 8, 9, 11-13, 16-20, and 22-24 of
`U.S. Patent No. 9,173,779 (“the ’779 patent”); and claims 1, 3, 5, 7-10, 18, and 20 of U.S. Patent
`No. 10,327,741 (“the ’741 patent”). The complaint also alleged the existence of a domestic
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`industry.
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`The notice of investigation named as respondents Han Chang Medic of Chungnam,
`Republic of Korea (“HCM”); Wuxi NEST Biotechnology Co., Ltd. of Wuxi, Jiangsu, China;
`NEST Scientific Inc. and NEST Scientific USA, both of Rahway, New Jersey; Miraclean
`Technology Co., Ltd. of Shenzhen, Guangdong, China; Vectornate Korea Ltd. of Jangseong,
`Republic of Korea and Vectornate USA, Inc. of Mahwah, New Jersey (collectively,
`“Vectornate”); Innovative Product Brands, Inc. of Highland, California (“IPB”); Thomas
`Scientific, Inc. of Swedesboro, New Jersey (“Thomas Inc.”); Thomas Scientific, LLC (“Thomas
`LLC”) and Stellar Scientific, LLC (“Stellar”), both of Owings Mills, Maryland; Cardinal Health,
`Inc. of Dublin, Ohio (“Cardinal”); KSL Biomedical, Inc. and KSL Diagnostics, Inc., both of
`Williamsville, New York (collectively, “KSL”); Jiangsu Changfeng Medical Industry Co., Ltd.
`of Yangzhou, Jiangsu, China; No Borders Dental Resources, Inc., dba MediDent Supplies of
`Queen Creek, Arizona (“MediDent”); BioTeke Corporation (Wuxi) Co., Ltd. of Wuxi, Jiangsu,
`China; Fosun Pharma USA Inc. (“Fosun”) of Princeton, New Jersey; Hunan Runmei Gene
`Technology Co., Ltd. of Changsha, Hunan, China (“Runmei”); VWR International, LLC of
`Radnor, Pennsylvania (“VWR”); and Slmp, LLC dba StatLab Medical Products of McKinney,
`Texas (StatLab). 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. Huanchenyang
`(Shenzhen) Technology Co., Ltd. (“HCY”) and HCY USA, LLC were allowed to intervene as
`respondents in this investigation. Order No. 30 (Dec. 7, 2021), unreviewed by Notice (Jan. 6,
`2021).
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`Subsequently, the investigation was terminated as to the KSL respondents, Thomas Inc.,
`Thomas LLC, Cardinal, VWR, Vectornate, IPB, Stellar, HCY, StatLab, and Fosun. Order No.
`20 (Nov. 15, 2021), unreviewed by Comm’n Notice (Dec. 6, 2021); Order Nos. 21-25 (all issued
`on Nov. 15, 2021), unreviewed by Comm’n Notice (Dec. 6, 2021); Order No. 33, unreviewed by
`Comm’n Notice (Jan. 10, 2022); Order No. 35 (Jan. 24, 2022), unreviewed by Comm’n Notice
`(Feb. 16, 2022); Order No. 46 (May 3, 2022), unreviewed by Comm’n Notice (May 27, 2022);
`Order No. 47 (May 4, 2022), unreviewed by Comm’n Notice (May 27, 2022). Furthermore,
`respondents Runmei; HCM; and MediDent were found in default. Order No. 27 (Nov. 15,
`2021), unreviewed by Comm’n Notice (Dec. 6, 2021); Order No. 31, unreviewed by Comm’n
`Notice (Jan. 10, 2022).
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`The Commission also subsequently terminated the investigation as to claim 7 of the ’358
`patent, claims 5 and 19 of the ’779 patent, and claim 8 of the ’741 patent. Order No. 32 (Dec.
`15, 2021), unreviewed by Comm’n Notice (Jan. 10, 2022). The Commission also terminated the
`investigation as to claims 9 and 21 of the ’358 patent and claim 11 of the ’779 patent. Order
`No. 37 (Jan. 28, 2022), unreviewed by Comm’n Notice (Feb. 16, 2022). The Commission
`likewise subsequently terminated the investigation as to claim 11 of the ’358 patent and claim 7
`of the ’741 patent. Order No. 68 (Jul. 11, 2022), unreviewed by Comm’n Notice (Aug. 1, 2022).
`The administrative law judge (“ALJ”) extended the target date for completion of this
`investigation to February 21, 2023, see Order No. 73 (Sep. 30, 2022), unreviewed by Comm’n
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`Notice (Oct. 21, 2022) and, subsequently, to February 28, 2023, see Order No. 77 (Oct. 20,
`2022), unreviewed by Comm’n Notice (November 10, 2022).
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`On October 28, 2022, the ALJ issued a final ID finding no violation of section 337 in
`this investigation. On November 14, 2022, the ALJ issued a recommended determination on
`remedy and bond. On the same day, Complainants filed a petition for review of the final ID.
`Also, on the same day, respondents Wuxi NEST Biotechnology Co., Ltd., NEST Scientific
`Inc., NEST Scientific USA, Jiangsu Changfeng Medical Industry Co., Ltd., BioTeke
`Corporation (Wuxi) Co., Ltd., Huachenyang (Shenzhen) Technology Co., Ltd., and Miraclean
`Technology Co., Ltd. filed a contingent petition for review of the final ID. Likewise, on the
`same day, OUII filed a petition for review of the final ID.
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`On November 22, 2022, Copan filed a response to Respondents’ and OUII’s petitions.
`On the same day, Respondents filed their response to Copan’s and OUII’s petitions for
`review. Likewise on the same date, OUII filed its combined response to Complainants’ and
`Respondents’ petitions for review.
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`The Commission has determined to extend the date for determining whether to review
`the final ID to March 17, 2023, and the target date to May 17, 2023.
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`The Commission vote for this determination took place on February 3, 2023.
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`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.
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`By order of the Commission.
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` Issued: February 3, 2023
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`Katherine M. Hiner
`Acting Secretary to the Commission
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