7020-02
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1279]
Notice of a Commission Determination Not to Review an Initial Determination Granting
HCY’s Motion to Intervene; Certain Flocked Swabs, Products Containing Flocked Swabs,
and Methods of Using Same
AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
determined not to review an initial determination (“ID”) (Order No. 30) of the presiding
Administrative Law Judge (“ALJ”) granting non-parties Huanchenyang (Shenzhen) Technology
Co., Ltd. and HCY USA LLC’s (collectively “HCY’s”) motion to intervene as respondents in
this investigation.
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,
based on a complaint filed by Copan Italia S.p.A. and Copan Industries, Inc. (“Copan”). 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 certain claims of U.S. Patent Nos. 9,011,358; 9,173,779; and
10,327,741. The complaint also alleged the existence of a domestic industry. The notice of
investigation named 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 and Vectornate
USA, Inc. of Mahwah, New Jersey (collectively, “Vectorante”); Innovative Product Brands, Inc.
of Highland, California (“IPB”); Thomas Scientific, Inc. of Swedesboro, New Jersey (“Thomas
Inc.”); Thomas Scientific, LLC of Owings Mills, Maryland (“Thomas LLC”); Cardinal Health,
Inc. of Dublin, Ohio (“Cardinal”); KSL Biomedical, Inc. of Williamsville, New York and KSL
Diagnostics, Inc. 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; BioTeke Corporation (Wuxi) Co., Ltd. of Wuxi,
Jiangsu, China; Fosun Pharma USA Inc. 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 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.
Subsequently, the investigation was terminated as to the KSL respondents based on a
consent order stipulation and consent order. Order No. 20 (Nov. 15, 2021), unreviewed by
Notice (Dec. 6, 2021). Also, the investigation was terminated as to the following respondents:
Thomas Inc.; Thomas LLC; Cardinal; VWR; Vectornate; and IPB. Orders 21-25 (all issued on
November 15, 2021), unreviewed by Notice (Dec. 6, 2021). Furthermore, respondent Runmei
was found in default. Order No. 27 (Nov. 15, 2021), unreviewed by Notice (Dec. 6, 2021).
On November 15, 2021, HCY moved to intervene as respondents in this investigation.

On November 26, 2021, Copan filed an opposition to the motion and the Commission
Investigative Staff filed a response in support of HCY’s motion. On December 1, 2021,
HCY filed a reply memorandum in support of the motion. No other responses were
received.
On December 7, 2021, the ALJ issued the subject ID granting HCY’s motion. The
ID noted that Fed. R. Civ. P. 24 “provides some guidance in determining whether
intervention in a particular matter is appropriate.” ID at 6 (citing Certain Electronic Devices
with Image Processing Systems, Components Thereof, and Associated Software, Inv. No.
337-TA-724, Comm’n Op. at 57 (Dec. 21, 2011) (EDIS Doc. ID 467105)). The ID noted that
“[b]ased on the factors found in Federal Rule 24, a party’s motion to intervene is most
persuasive where (1) the motion is timely; (2) the movant has an interest relating to the
property or transaction which is the subject of the action; (3) the movant is so situated that the
disposition of the action may as a practical matter impair or impede the movant’s ability to
protect that interest; (4) the movant is not adequately represented by existing parties; and (5)
the intervention will not unduly delay or prejudice the adjudication of the original parties’
rights.” Id. (citing Electronic Devices, Comm’n Op. at 57). The ID found that each of the
factors identified in Certain Electronic Devices weighs in favor of permitting intervention.
Id. at 7-9. No party petitioned for review of the ID.
The Commission has determined not to review the subject ID. Huanchenyang (Shenzhen)
Technology Co., Ltd. and HCY USA LLC are now respondents in this investigation.
The Commission vote for this determination took place on January 6, 2022.
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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00368 Filed: 1/11/2022 8:45 am; Publication Date: 1/12/2022]