Certain Rolled-Edge Rigid Plastic Food Trays, Inv. 337-TA-1203

In the Matter of
CERTAIN ROLLED-EDGE RIGID PLASTIC
FOOD TRAYS
Investigation No. 337-TA-1203
Publication 5308 March 2022
U.S. International Trade Commission
Washington, DC 20436

U.S. International Trade Commission
COMMISSIONERS
Jason E. Kearns, Chair
Randolph J. Stayin, Vice Chair
David S. Johanson, Commissioner
Rhonda K. Schmidtlein, Commissioner
Amy A. Karpel, Commissioner
COMMISSIONERS ON RECISSION
Amy A. Karpel, Chair
David S. Johanson, Commissioner
Jason E. Kearns, Commissioner
Address all communications to
Secretary to the Commission
United States International Trade Commission
Washington, DC 20436

U.S. International Trade Commission
Washington, DC 20436
www.usitc.gov
In the Matter of
CERTAIN ROLLED-EDGE RIGID PLASTIC
FOOD TRAYS
Investigation No. 337-TA-1203
Publication 5308 March2022

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN ROLLED-EDGE RIGID
PLASTIC FOOD TRAYS
Inv. No. 337-TA-1203
(Rescission)
NOTICE OF COMMISSION DETERMINATION TO PERMANENTLY
RESCIND A LIMITED EXCLUSION ORDER;
TERMINATION OF THE RESCISSION PROCEEDING
AGENCY: 	U.S. International Trade Commission.
ACTION: 	Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
determined to permanently rescind a limited exclusion order (“LEO”) issued in the underlying
investigation. 	The rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: 	Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 708-5468. 	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 June 23, 2020, the Commission instituted this
investigation based on a complaint filed on behalf of Clearly Clean Products, LLC of South
Windsor, Connecticut, and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania
(together, “Complainants”). 	85 FR 37689-90 (Jun. 23, 2020). 	The complaint alleged violations
of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, and the sale within the United States
after importation of certain rolled-edge rigid plastic food trays that infringe claim 9 of U.S.
Patent No. 9,908,281 (“the ’281 patent”) and claims 1, 12, 20, and 21 of U.S. Patent No.
10,562,680 (“the ’680 patent”). 	Id. at 37689-90. 	The complaint also alleged that a domestic
industry exists. 	Id. at 37689. 	The Commission’s notice of investigation named as respondents
Eco Food Pak (USA), Inc. of Chino, California (“Eco Food Pak”), and Ningbo Linhua Plastic
Co., Ltd. of Xiwu, China (“Ningbo Linhua Plastic”). 	Id. at 37690. 	The Office of Unfair Import
Investigations participated in this investigation. 	Id.

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The investigation was terminated with respect to Eco Food Pak based on the entry of a
consent order. 	Order No. 6 (Oct. 1, 2020), unreviewed by Comm’n Notice (Oct. 20, 2020).
On October 6, 2020, the Commission found Ningbo Linhua Plastic in default for failing
to respond to the complaint, the notice of investigation, and an order to show cause why it should
not be found in default. 	Order No. 7 (Oct. 6, 2020), unreviewed by Comm’n Notice (Oct. 20,
2020). 	On February 25, 2021, the Commission issued a LEO against Ningbo Linhua Plastic
with respect to claim 9 of the ’281 patent and claims 1, 12, 20, and 21 of the ’680 patent, and
terminated the investigation.
On December 4, 2024, Ningbo Linhua Plastic filed a petition to rescind the LEO because
the subject patent claims were found unpatentable by the United States Patent and Trademark
Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB”). 	Ningbo Linhua Plastic provided
the PTAB’s final written decisions that found, inter alia, that claim 9 of the ’281 patent and
claims 1, 12, 20, and 21 of the ’680 patent are unpatentable, as well as the U.S. Court of Appeals
for the Federal Circuit’s affirmances of those final written decisions and denials of en banc
review. 	Ningbo Linhua Plastic asserted that the unpatentability of the patent claims in the
limited exclusion order was final and unappealable and constituted a changed circumstance that
warranted rescission of the limited exclusion order pursuant to 35 U.S.C. 1337(k)(1) and 19 CFR
210.76.
On December 13, 2024, Complainants filed a response opposing the rescission of the
LEO. 	Complainants argued that the patent claims are valid until the USPTO cancels the claims,
which cannot occur until after the time for filing a petition for writ of certiorari expires or the
completion of a U.S. Supreme Court appeal.
On January 3, 2025, the Commission instituted a rescission proceeding and temporarily
suspended enforcement of the LEO pending the outcome of Complainants’ appeal. 	On May 27,
2025, the U.S. Supreme Court denied Complainants’ petition for writ of certiorari. 	On June 26,
2025, the USPTO issued an Inter Partes Review Certificate canceling, inter alia, claims 1, 12,
20, and 21 of the ’680 patent. 	On July 8, 2025, the USPTO issued an Inter Partes Review
Certificate canceling, inter alia, claim 9 of the ’281 patent.
The Commission has determined to permanently rescind the LEO. 	Commission LEOs
continue until the conditions that led to the LEO no longer exist or the respondent is no longer in
violation of section 337. 	19 U.S.C. 1337(k)(1) and (2). 	Here, the Commission issued the LEO
based on the presumption that claim 9 of the ’281 patent and claims 1, 12, 20, and 21 of the ’680
patent were valid, but the USPTO’s cancellation of those claims demonstrates that the condition
of validity no longer exists and that Ningo Linhua Plastic no longer violates section 337. 	The
Commission also finds that the requirements of Commission Rule 210.76(a) (19 CFR 210.76(a))
are satisfied. 	The rescission proceeding is hereby terminated.
The Commission vote for this determination took place on September 26, 2025.
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

3
Practice and Procedure (19 CFR part 210).
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: September 26, 2025

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN ROLLED-EDGE RIGID PLASTIC
FOOD TRAYS
Investigation No. 337-TA-1203
(Rescission)
COMMISSION ORDER
On June 23, 2020, the Commission instituted this investigation based on a complaint, as
supplemented, filed on behalf of Clearly Clean Products, LLC of South Windsor, Connecticut,
and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania. 85 FR 37689-90 (Jun. 23,
2020). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. § 1337, based upon the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain rolled-edge rigid plastic food
trays that infringe claim 9 of U.S. Patent No. 9,908,281 (“the ’281 patent”) and claims 1, 12, 20,
and 21 of U.S. Patent No. 10,562,680 (“the ’680 patent”). Id. at 37689-90. The complaint also
alleged that a domestic industry exists. Id. at 37689. The Commission’s notice of investigation
names as respondents Eco Food Pak (USA), Inc. of Chino, California (“Eco Food Pak”), and
Ningbo Linhua Plastic Co., Ltd. of Xiwu, China (“Ningbo Linhua Plastic”). Id. at 37690. The
Office of Unfair Import Investigations participated in this investigation. Id.
The Commission terminated the investigation with respect to Eco Food Pak based on the
entry of a consent order and issued a limited exclusion order (“LEO”) against Ningbo Linhua
Plastic for failing to respond to an order to show cause why it should not be found in default for
failing to respond to the complaint and notice of investigation.
On December 4, 2024, Ningbo Linhua Plastic filed a petition to rescind the LEO based on

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the affirmance of U.S. Court of Appeals for the Federal Circuit of the United States Patent and
Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB”) determination that all
of the LEO’s subject patent claims are unpatentable. Ningbo Linhua Plastic provided the
PTAB’s final written decisions that, inter alia, claim 9 of the ’281 patent and claims 1, 12, 20,
and 21 of the ’680 patent are unpatentable, as well as the Federal Circuit’s affirmances of those
final written decisions and denials of en banc review. Ningbo Linhua Plastic asserted that the
unpatentability of the patent claims in the LEO was final and unappealable and constituted a
changed circumstance that warranted rescission of the limited exclusion order pursuant to 35
U.S.C. § 1337(k)(1) and 19 C.F.R. § 210.76.
On December 13, 2024, Complainants filed a response opposing the rescission of the
LEO. Complainants argued that the patent claims are valid until the USPTO cancels the claims,
which cannot occur until after the time for filing a petition for writ of certiorari expires or the
completion of a U.S. Supreme Court appeal.
On January 3, 2025, the Commission instituted a rescission proceeding and temporarily
suspended enforcement of the LEO pending the outcome of Complainants’ appeal. On May 27,
2025, the U.S. Supreme Court denied Complainants’ petition for writ of certiorari. On June 26,
2025, the USPTO issued an Inter Partes Review Certificate cancelling, inter alia, claims 1, 12,
20, and 21 of the ’680 patent. On July 8, 2025, the USPTO issued an Inter Partes Review
Certificate cancelling, inter alia, claim 9 of the ’281 patent.
Having reviewed the denial of writ of certiorari and cancellation of the LEO’s subject
patent claims, the Commission has determined to permanently rescind the LEO. The
Commission finds that the conditions which led to the LEO no longer exist under 19 U.S.C.
§ 1337(k)(1) and (2)(B). The Commission also finds that the requirements of Commission Rule
210.76(a) (19 C.F.R. § 210.76(a)) are satisfied. Accordingly, upon consideration of the record

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and the submissions in this matter, the Commission hereby ORDERS that:
(1) 	Pursuant to 19 U.S.C. § 1337(k)(1) and (k)(2)(B) and 19 C.F.R. § 210.76(a)(1), the
Commission has determined to permanently rescind the limited exclusion order
issued in this investigation.
(2) 	The Secretary shall serve a copy of this Order all parties of record and shall
publish notice thereof in the Federal Register.
By order of the Commission.
Issued: September 26, 2025
Lisa R. Barton
Secretary to the Commission

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN ROLLED-EDGE RIGID
PLASTIC FOOD TRAYS
Inv. No. 337-TA-1203
NOTICE OF A COMMISSION DETERMINATION TO ISSUE A LIMITED
EXCLUSION ORDER AGAINST THE DEFAULTING RESPONDENT; TERMINATION
OF THE INVESTIGATION
AGENCY: 	U.S. International Trade Commission.
ACTION: 	Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission
(“Commission”) has determined to issue a limited exclusion order against defaulted respondent
Ningbo Linhua Plastic Co., Ltd. (“Ningbo”), the last remaining respondent. 	The Commission
has also determined to impose a bond equal to one hundred percent (100%) of the entered value
of the infringing products imported during the period of Presidential review. The investigation is
hereby terminated.
FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
telephone (202) 205-2737. 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, telephone 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June
23, 2020, based on a complaint filed by Clearly Clean Products, LLC of South Windsor,
Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania (“Complainants”).
85 FR 37689-90 (June 23, 2020). The complaint alleges a violation of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), by reason of infringement of certain
claims of U.S. Patent Nos. 9,908,281 and 10,562,680. The notice of investigation named the
following respondents: Eco Food Pak (USA), Inc. of Chino, California (“Eco”) and Ningbo
Linhua Plastic Co., Ltd. of Fenghua, China (“Ningbo”). The Commission’s Office of Unfair
Import Investigations (“OUII”) also was named as a party.

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Eco was terminated from the investigation on October 20, 2020, on the basis of a consent
order and consent order stipulation. 	Comm’n Notice (Oct. 20, 2020).
Also on October 20, 2020, the Commission determined not to review an initial
determination (“ID”) (Order No. 7) granting Complainants’ unopposed motion to find
respondent Ningbo in default. Order No. 7 (Oct. 6, 2020), unreviewed, Comm’n Notice (Oct. 20,
2020). At that time, the Commission requested briefing on the issues of remedy, bonding, and
the public interest with respect to Ningbo. 85 FR 67566-67 (Oct. 23, 2020).
On November 3, 2020, Complainants and OUII filed responses to the Commission’s
request for briefing. Both parties also filed reply submissions on November 10, 2020. No other
submissions were received.
Upon review of the record, and in the absence of any response from Ningbo or from other
interested persons or government agencies, and having concluded that it would not be contrary to
the public interest to do so, the Commission has determined to issue a limited exclusion order
against Ningbo pursuant to Section 337(g)(1), 19 U.S.C. 1337(g)(1). However, the Commission
declines to issue the requested cease and desist order against Ningbo because Complainants have
not established that Ningbo maintains a commercially significant inventory in the U.S. or
engages in significant commercial business operations in the United States, taking the allegations
in the complaint as true, and as supported by the available circumstantial evidence. See Certain
Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor, Inv. 337-
TA-997, Comm’n Op. at 16, 17-20 (Apr. 28, 2017). Exhibits 19 and 20 to the Complaint reflect
shipments of “trays” to terminated Respondent Eco, which has entered into a consent order in
this investigation, and thus do not suggest ongoing commercial operations necessitating a CDO.
Even assuming the shipments to non-parties reflected in Exhibit 19 included infringing products,
the latest arrival of said shipments occurred in May 2018, and likewise do not support the
inference that Ningbo or its agents maintain any, much less commercially significant, inventory
in the U.S. See Compl., Ex. 19 at 9; cf. Certain Electric Skin Care Devices, Brushes and
Chargers Therefor, and Kits Containing the Same, Inv. No. 337-TA-959, Comm’n Op. at 32
(Feb. 13, 2017) (evidence of “short lead times between order placement and delivery” and low
shipping costs supported the inference that “U.S. purchases of the foreign respondents’
infringing products were made from U.S. inventories”). The Commission has determined to set
a bond in the amount of one hundred percent (100%) of the entered value of the covered
products.
Commissioner Karpel and Commissioner Schmidtlein would issue both an LEO and a
CDO directed to defaulting respondent Ningbo pursuant to Section 337(g)(1) because all
requirements of this provision are met. Ningbo was named in the complaint and was served with
the complaint and notice of investigation. See Order No. 7 (Oct. 6, 2020), unreviewed, Comm’n
Notice (Oct. 20, 2020). The ALJ issued a show cause order ordering Ningbo to show cause why
it should not be held in default for failing to respond to the complaint and notice of
investigation. See id. Ningbo did not file a response to the show cause order. Id. These
findings satisfy subsections 337(g)(1)(A)-(D). Complainants requested an LEO and a CDO
limited to Ningbo thus satisfying subsection 337(g)(1)(E). Given that subsections 337(g)(1)(A)-
(E) are satisfied and Complainants requested these remedies, the statute directs the Commission

3
to issue the requested LEO and CDO, subject to consideration of the public
interest. Commissioner Karpel and Commissioner Schmidtlein find that the public interest
factors set forth in Section 337(g)(1) do not support a finding that these remedies would be
contrary to the public interest.
The investigation is hereby terminated.
The Commission vote for this determination took place on February 25, 2021.
While temporary remote operating procedures are in place in response to COVID-19, the
Office of the Secretary is not able to serve parties that have not retained counsel or otherwise
provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules
201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the
Complainants complete service for any party/parties without a method of electronic service noted
on the attached Certificate of Service and shall file proof of service on the Electronic Document
Information System (EDIS).
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: 	February 25, 2021

CERTAIN ROLLED-EDGE RIGID PLASTIC FOOD TRAYS 	Inv. No. 337-TA-1203
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached ORDER, COMMISSION has been
served via EDIS upon the Commission Investigative Attorney, Claire Comfort, Esq., and the
following parties as indicated, on February 25, 2021.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainants Clearly Clean Products, LLC
and Converter Manufacturing, LLC:
Merritt R. Blakeslee, Esq.
THE BLAKESLEE LAW FIRM
1250 Connecticut Avenue, NW, Suite 700
Washington, DC 20036
Email: mrb@blakeslee-law.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
Respondent:
Ningbo Linhua Plastic Co., Ltd.
No. 13 Dongfan Road Xiwu,
Fenghua 315000 China
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainant

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC
In the Matter of
CERTAIN ROLLED-EDGE RIGID
PLASTIC FOOD TRAYS
Investigation No. 337-TA-1203
LIMITED EXCLUSION ORDER
The United States International Trade Commission (“Commission”) has found Ningbo
Linhua Plastic Co., Ltd. (“Respondent”) in default pursuant to 19 U.S.C. § 1337(g)(1) and 19
C.F.R. § 210.16 for failing to respond to a Notice of Investigation and a Complaint that alleged a
violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the unlawful
importation, sale for importation, or sale within the United States after importation of certain
rolled-edge rigid plastic food trays that infringe one or more of claim 9 of U.S. Patent No.
9,908,281 (“the ’281 patent”) and claims 1, 12, 20, and 21 of U.S. Patent No. 10,562,680 (“the
’680 patent”).
Having reviewed the record in this investigation, including the written submissions of the
parties, the Commission has made its determination on the issues of remedy, public interest, and
bonding. The Commission has determined that the appropriate form of relief is a limited
exclusion order prohibiting the unlicensed entry of rolled-edge rigid plastic food trays
manufactured abroad by or on behalf of, or imported by or on behalf of, Respondent or any of its
affiliated companies, parents, subsidiaries, or other related business entities, or their successors
or assigns.
The Commission has also determined that the public interest factors enumerated in 19
U.S.C. § 1337(g)(1) do not preclude the issuance of the limited exclusion order, and that the

2
bond during the period of Presidential review shall be in the amount of one hundred percent
(100%) of the entered value of the covered articles.
Accordingly, the Commission hereby ORDERS that:
1. 	Rolled-edge rigid plastic food trays (as defined in paragraph 2 below) that
infringe one or more of claim 9 of the ’281 patent and claims 1, 20, 20, and 21 of
the ’680 patent that are manufactured abroad by or on behalf of, or imported by or
on behalf of, Respondent, or its affiliated companies, parents, subsidiaries, or
other related business entities, or their successors or assigns, are excluded from
entry for consumption into the United States, entry for consumption from a
foreign trade zone, or withdrawal from a warehouse for consumption, for the
remaining terms of the patents, except under license of, or with the permission of,
the patent owner or as provided by law.
2. 	The rolled-edge rigid plastic food trays that are subject to this Order (“covered
articles”) are as follows: Open-topped food containers made of rigid plastic and
having a smooth outer periphery attributable to turning or rolling of the rigid
plastic at or near its peripheral edge.
3. 	Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry
into the United States for consumption, entry for consumption from a foreign-
trade zone, or withdrawal from a warehouse for consumption under bond in the
amount of one hundred percent (100%) of the entered value of the products,
pursuant to subsection (j) of section 337 (19 U.S.C. § 1337(j)) and the Presidential
Memorandum for the United States Trade Representative of July 21, 2005 (70
Fed. Reg. 43,251), from the day after this Order is received by the United States

3
Trade Representative until such time as the United States Trade Representative
notifies the Commission that this Order is approved or disapproved but, in any
event, not later than sixty (60) days after the date of receipt of this Order. All
entries of covered articles made pursuant to this paragraph are to be reported to
U.S. Customs and Border Protection (“CBP”), in advance of the date of the entry,
pursuant to procedures CBP establishes.
4. 	At the discretion of CBP and pursuant to the procedures it establishes, persons
seeking to import articles that are potentially subject to this Order may be
required to certify that they are familiar with the terms of this Order, that they
have made appropriate inquiry, and thereupon state that, to the best of their
knowledge and belief, the products being imported are not excluded from entry
under paragraph 1 of this Order. At its discretion, CBP may require persons who
have provided the certification described in this paragraph to furnish such records
or analyses to substantiate the certification.
5. 	In accordance with 19 U.S.C. § 1337(l), the provisions of this Order shall not
apply to covered articles that are imported by and for the use of the United States,
or imported for, and to be used for, the United States with the authorization or
consent of the Government.
6. 	The Commission may modify this Order in accordance with the procedures
described in section 210.76 of the Commission’s Rules of Practice and Procedure
(19 C.F.R. § 210.76).
7. 	The Secretary shall serve copies of this Order upon each party of record in this
investigation and upon CBP.

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8. 	Notice of this Order shall be published in the Federal Register.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: 	February 25, 2021

CERTAIN ROLLED-EDGE RIGID PLASTIC FOOD TRAYS 	Inv. No. 337-TA-1203
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached ORDER, COMMISSION has been
served via EDIS upon the Commission Investigative Attorney, Claire Comfort, Esq., and the
following parties as indicated, on February 25, 2021.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainants Clearly Clean Products, LLC
and Converter Manufacturing, LLC:
Merritt R. Blakeslee, Esq.
THE BLAKESLEE LAW FIRM
1250 Connecticut Avenue, NW, Suite 700
Washington, DC 20036
Email: mrb@blakeslee-law.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
Respondent:
Ningbo Linhua Plastic Co., Ltd.
No. 13 Dongfan Road Xiwu,
Fenghua 315000 China
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainant

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN ROLLED-EDGE RIGID
PLASTIC FOOD TRAYS
Inv. No. 337-TA-1203
NOTICE OF COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
DETERMINATION FINDING NINGBO LINHUA PLASTIC CO., LTD. IN DEFAULT;
REQUEST FOR WRITTEN SUBMISSIONS ON REMEDY, THE PUBLIC INTEREST,
AND BONDING
AGENCY: 	U.S. International Trade Commission.
ACTION: 	Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission
(“Commission”) has determined not to review an initial determination (“ID”) (Order No. 7)
finding Ningbo Linhua Plastic Co., Ltd. (“Ningbo”), the last remaining respondent, in default.
Accordingly, the Commission requests written submissions from the parties, interested
government agencies, and interested persons on the issues of remedy, the public interest, and
bonding, under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
telephone (202) 205-2737. 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, telephone 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June
23, 2020, based on a complaint filed by Clearly Clean Products, LLC of South Windsor,
Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania (“Complainants”).
85 FR 37689-90 (June 23, 2020). The complaint alleges a violation of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), by reason of infringement of certain
claims of U.S. Patent Nos. 9,908,281 and 10,562,680. The notice of investigation named the
following respondents: Eco Food Pak (USA), Inc. of Chino, California and Ningbo Linhua
Plastic Co., Ltd. of Fenghua, China (“Ningbo”). The Commission’s Office of Unfair Import
Investigations (“OUII”) also was named as a party.

2
The complaint and notice of investigation were served on Ningbo on July 7, 2020. On
August 20, 2020, Complainants filed a motion for an order to show cause why Ningbo should
not be found in default for failing to respond to the complaint and notice of investigation. On
September 8, 2020, the ALJ ordered Ningbo to show cause why it should not be found in default
and Ningbo did not file a response.
On October 6, 2020, the ALJ issued the subject ID (Order No. 7) finding Ningbo in
default. The ID notes that Ningbo is the last remaining respondent and the ID terminates the
investigation. No party petitioned for review of the ID.
The Commission has determined not to review the ID. Ningbo is in default.
Ningbo is the sole remaining respondent in this investigation. Section 337(g)(1) and
Commission Rule 210.16(c) authorize the Commission to order relief against a respondent found
in default, unless, after considering the public interest, it finds that such relief should not issue.
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) a cease and desist order that could result in
the respondent 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/or cease and desist orders 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: 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.

3
In their initial submissions, Complainants are also requested to identify the remedy
sought and Complainants and OUII are requested to submit proposed remedial orders for the
Commission’s consideration. Complainants are further requested to state the dates that the
Asserted Patents expire, 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. The initial written submissions and proposed remedial orders must
be filed no later than close of business on November 3, 2020. Reply submissions must be filed
no later than the close of business on November 10, 2020. Opening submissions are limited to
15 pages. Reply submissions 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. The Commission’s paper filing requirements in 19 CFR
210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1203) in a prominent place on the cover page and/or the
first page. (See Handbook for Electronic Filing Procedures,
https://www.usitc.gov/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. All such requests should be directed to the Secretary to the Commission
and must include a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission
is properly sought will be treated accordingly. A redacted non-confidential version of the
document must also be filed simultaneously with 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 October 20, 2020.
While temporary remote operating procedures are in place in response to COVID-19, the
Office of the Secretary is not able to serve parties that have not retained counsel or otherwise
provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules
201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the
Complainants complete service for any party/parties without a method of electronic service noted
on the attached Certificate of Service and shall file proof of service on the Electronic Document
Information System (EDIS).

4
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: 	October 20, 2020

CERTAIN ROLLED-EDGE RIGID PLASTIC FOOD TRAYS 	Inv. No. 337-TA-1203
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached NOTICE has been served via EDIS
upon the Commission Investigative Attorney, Claire Comfort, Esq., and the following parties
as indicated, on October 20, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainants Clearly Clean Products, LLC
and Converter Manufacturing, LLC:
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Merritt R. Blakeslee, Esq.
THE BLAKESLEE LAW FIRM
1250 Connecticut Avenue, NW, Suite 700
Washington, DC 20036
Email: mrb@blakeslee-law.com
Respondents:
Ningbo Linhua Plastic Co., Ltd.
No. 13 Dongfan Road
Xiwu, Fenghua 315000
China

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN ROLLED-EDGE RIGID
PLASTIC FOOD TRAYS
Inv. No. 337-TA-1203
ORDER NO. 7: 	INITIAL 	DETERMINATION 	FINDING 	RESPONDENT 	NINGBO
LINHUA PLASTIC CO., LTD. IN DEFAULT; AND TERMINATING
THE INVESTIGATION
(October 6, 2020)
On 	August 	20, 	2020, 	Complainants 	Clearly 	Clean 	Products, 	LLC 	and 	Converter
Manufacturing, LLC (collectively, “Complainants”) moved (1203-003) for an order directing
Respondent Ningbo Linhua Plastic Co., Ltd. (“NLPC”) to show cause why it should not be found
in default for failing to respond to the Complaint and Notice of Investigation (“NOI”). The
Commission Investigative Staff supported Complainants’ motion.
Pursuant to Rule 210.16 of the Commission’s Rules of Practice and Procedure, the
undersigned issued Order No. 5 whereby NLPC was ordered to show why it should not be found
in default for failure to respond to the Complaint and NOI by the close of business on September
30, 2020. See 19 C.F.R. § 210.16; Order No. 5 (Sept. 8, 2020). NLPC did not file a response.
Commission Rule 210.16 provides in pertinent part, as follows:
A party shall be found in default if it fails to respond to the complaint
and notice of investigation in the manner prescribed in § 210.13 or
§ 210.59(c), or otherwise fails to answer the complaint and notice,
and fails to show cause why it should not be found in default.
19 C.F.R. § 210.16(a)(1). The Commission’s Rules further provide that “[a] party found in default
shall be deemed to have waived its right to appear, to be served with documents, and to contest the
allegations at issue in the investigation.” 19 C.F.R. § 210.16(b)(4).

- 2 -
Accordingly, it is the initial determination of the undersigned that Respondent NLPC be
found in default. NLPC has therefore waived its right to appear, be served with documents, and to
contest the allegations at issue in this Investigation. Because NLPC is the last remaining
respondent, this initial determination terminates the Investigation.
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
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 contained
herein.
SO ORDERED.

CERTAIN ROLLED-EDGE RIGID PLASTIC FOOD TRAYS 	Inv. No. 337-TA-1203
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
upon the Commission Investigative Attorney, Claire Comfort, Esq., and the following parties as
indicated, on October 6, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainants Clearly Clean Products, LLC
and Converter Manufacturing, LLC:
Merritt R. Blakeslee, Esq.
THE BLAKESLEE LAW FIRM
1250 Connecticut Avenue, NW, Suite 850
Washington, DC 20036
Email: mrb@blakeslee-law.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
Respondents:
Eco Food Pak (USA), Inc.
8719 Enterprise Way
Chino, CA 91710
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Ningbo Linhua Plastic Co., Ltd.
No. 13 Dongfan Road
Xiwu, Fenghua 315000
China
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants