SUPPLEMENTARY INFORMATION:

On January 24, 2025, the Commission instituted this investigation based on a complaint, as supplemented, filed by Corning Incorporated (“Corning”) of Corning, New York, alleging violations of section 337 of Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), due to the importation into the United States, sale for importation, or sale in the United States after importation of certain glass substrates for liquid crystal displays, products containing the same, and methods for manufacturing the same that allegedly infringe certain claims of U.S. Patent Nos. 8,627,684; 9,512,025; and 7,851,394 (collectively, “the Asserted Patents”). 90 FR 8140-41 (Jan. 24, 2025). The complaint, as supplemented, also alleges violations of section 337 based upon the importation and sale of certain glass substrates for liquid crystal displays, products containing the same, and methods for manufacturing the same by reason of misappropriation of certain trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation names the following respondents: LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey (“LGE”); VIZIO, Inc. of Irvine, California (“VIZIO”); HKC Corporation Ltd. of Shenzhen City, Guangdong Province, China and HKC Overseas Ltd. of Hong Kong, China (collectively, “HKC”); Hisense USA Corporation of Suwanee, Georgia (“Hisense”); Caihong Display Devices Co., Ltd. of Xianyang City, China (“Caihong Display”); TCL China Star Optoelectronics, Technology Co., Ltd. of Shenzhen City, China (“CSOT”); TTE Technology, Inc., d/b/a TCL North America of Irvine, California (“TCL”); and Xianyang Caihong Optoelectronics, Technology Co., Ltd. of Xianyang City, China (“CHOT”). The Office of Unfair Import Investigations (“OUII”) is also named as a party to this investigation.

The Commission previously terminated the investigation as to the Asserted Patents due to withdrawal of the complaint with respect to their asserted claims, pursuant to Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1). Order No. 7 (Feb. 17, 2025), unreviewed by Comm'n Notice (Feb. 26, 2025); Order No. 38 (July 1, 2025), unreviewed by Comm'n Notice (July 14, 2025); Order No. 51 (Aug. 26, 2025), unreviewed by Comm'n Notice (Sept. 22, 2025); Order No. 54 (Nov. 18, 2025), unreviewed by Comm'n Notice (Dec. 5, 2025); Order No. 55 (Nov. 20, 2025), unreviewed by Comm'n Notice (Dec. 15, 2025). The trade secrets remain at issue.

The Commission also terminated the investigation with respect to respondents HKC, VIZIO, and LGE, based on settlement agreements, pursuant to Commission Rule 210.21(b), 19 CFR 210.21(b). Order No. 44 (July 21, 2025), unreviewed by Comm'n Notice (Aug. 14, 2025) (HKC); Order No. 52 (Sept. 9, 2025), unreviewed by Comm'n Notice (Sept. 24, 2025) (VIZIO); Order No. 53 (Sept. 24, 2025), unreviewed by Comm'n Notice (Dec. 15, 2025) (LGE).

On February 10, 2026, the Commission affirmed an ID (Order No. 64) granting Corning's motion for summary determination that the remaining respondents have satisfied the importation requirement of section 337(a)(1)(A), (B). Order No. 64 (Jan. 9, 2026), unreviewed by Comm'n Notice (Feb. 10, 2026).

On April 20, 2026, the Commission affirmed an ID (Order No. 85) granting a joint motion filed by Corning and Hisense to partially terminate the investigation with respect to Hisense on the basis of a settlement agreement, pursuant to Commission Rule 210.21(b), 19 CFR 210.21(b). Order No. 85 (Mar. 25, 2026), unreviewed by Comm'n Notice (Apr. 20, 2026).

On July 23, 2026, the ALJ issued the subject ID, finding a violation of section 337 by each of Respondents Caihong Display, CHOT, CSOT, and TCL (“Respondents”) by reason of misappropriation of certain trade secrets. On August 4, 2026, Respondents filed a petition for review. On the same date, Complainant and OUII filed contingent petitions for review. On August 12, 2026, each party filed responses to the other parties' petitions.

On August 6, 2026, the ALJ issued a Recommended Determination on remedy and bonding (“RD”). The RD recommends that, if the Commission finds a violation, it should issue a limited exclusion order of approximately 5 to 6 years. The RD also recommends that a cease and desist order issue as to Respondent TCL. The RD further recommends a bond rate of 9.8 percent, to be imposed during the period of Presidential review on imported articles subject to the limited exclusion order.

On September 8, 2026, Complainant submitted public interest comments ( printed page 60643) pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). On the same date, Coalition for a Prosperous America, New American Industrial Alliance, and Respondents Caihong Display and CHOT filed comments in response to the Commission's Federal Register notice seeking submissions on the public interest. See91 FR 51747-48 (Aug. 11, 2026).

Having reviewed the record of the investigation, including the final ID, the parties' submissions to the ALJ, and the responses thereto, the Commission has determined to review the ID in part.^[1] Specifically, the Commission has determined to review: (1) the final ID's determination that CHOT and CSOT are in violation of section 337; (2) the final ID's determination that relief is not barred by any statute of limitations; and (3) the final ID's statements and findings that Corning did not take reasonable measures to maintain the secrecy of its trade secrets during the years that elapsed before Corning pursued any legal claim against Respondents.

In connection with its review, the Commission requests responses to the following questions. The parties are requested to brief their positions with reference to the applicable law and the existing evidentiary record.

1. Please discuss, with reference to the evidentiary record, whether CHOT and/or CSOT can be characterized as affiliated companies, parents, subsidiaries, agents, or other related business entities, or successors or assigns, of any other Respondent in this proceeding.

2. Please explain, with reference to the evidentiary record, the extent to which CHOT and CSOT have or have not had “close working relationships” with Caihong Display, as referenced in footnote 113 on page 205 of the FID, at any time between January 2007 and the present.

3. Please discuss whether their relationships with Caihong Display are sufficient circumstantial evidence to conclude that CHOT and/or CSOT knew or should have known of the content of any Corning trade secrets used by Caihong Display, in addition to knowing of the trade secrets' existence and Caihong Display's alleged misappropriation.

4. Please discuss, with reference to the evidentiary record, when CHOT and CSOT each become aware of Caihong's alleged misappropriation of the Corning trade secrets.

The parties are invited to brief only the discrete issues requested above. The parties are not to brief other issues on review, which are adequately presented in the parties' existing filings.

In connection with the final disposition of this investigation, the statute authorizes issuance of, inter alia, (1) an exclusion order that could result in the exclusion of the subject articles from entry into the United States; and/or (2) cease and desist orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).

The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order and a cease and desist order would have on: (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation.

If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action on the Commission's determination. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered.

Written submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding.

In its initial submission, Complainant is also requested to identify the remedy sought and Complainant and OUII are requested to submit proposed remedial orders for the Commission's consideration. Complainant is further requested to provide the HTSUS subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. All initial written submissions, from the parties and/or third parties/interested government agencies, and proposed remedial orders from the parties must be filed no later than close of business on October 5, 2026. All reply submissions must be filed no later than the close of business on October 13, 2026. Opening submissions from the parties are limited to 35 pages. Reply submissions from the parties are limited to 35 pages. All submissions from third parties and/or interested government agencies are limited to 10 pages. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission.

Persons filing written submissions must file the original document electronically on or before the deadlines stated above pursuant to 19 CFR 210.4(f). Submissions should refer to the investigation number (Inv. No. 337-TA-1433) in a prominent place on the cover page and/or the first page. ( See Handbook for Electronic Filing Procedures, www.usitc.gov/​secretary/​documents/​handbook_​on_​filing_​procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205-2000.

Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A ( printed page 60644) redacted non-confidential version of the document must also be filed with the Commission and served on any parties to the investigation within two business days of any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS.

The Commission vote for this determination took place on September 21, 2026.

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).

91 FR 60642