Certain Windshield Wipers and Components Thereof; Commission Determination To Grant the Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation, 43240-43241 [2016-15611]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 43240 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices (report quantity data in short tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from any Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2015 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 Merchandise imported from each Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in any Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2015 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country after 2010, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries. (13) (Optional) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: June 24, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–15369 Filed 6–30–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–928; Investigation No. 337–TA–937 (Consolidated)] Certain Windshield Wipers and Components Thereof; Commission Determination To Grant the Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion to terminate the abovereferenced investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General SUMMARY: E:\FR\FM\01JYN1.SGM 01JYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.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: The Commission instituted investigation No. 337–TA–928, Certain Windshield Wipers and Components Thereof, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), on September 2, 2014, based on a complaint filed by Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, ‘‘Valeo’’). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,891,044 (‘‘the ‘044 patent’’); 7,937,798 (‘‘the ‘798 patent’’); and 8,220,106 by Federal-Mogul Corp. of Southfield, Michigan, Federal-Mogul Vehicle Component Solutions, Inc. of Southfield, Michigan, and FederalMogul S.A. of Aubange, Belgium (collectively, ‘‘Federal-Mogul’’). 79 FR 52041–42 (Sep. 2, 2014). On October 15, 2014, Valeo filed another complaint, against Trico Products Corporation of Rochester Hills, Michigan; Trico Products of Brownsville, Texas; and Trico Componentes SA de CV of Tamaulipas, Mexico (collectively, ‘‘Trico,’’ Respondent, or Respondents), asserting a violation of section 337(a)(1)(B) by reason of infringement of one or more claims of the ’044 patent and the ’798 patent. On November 21, 2014, the Commission instituted Investigation No. 337–TA–937, Certain Windshield Wipers and Components Thereof, based on this complaint filed by Valeo against Trico. 79 FR 69525–26 (Nov. 21, 2014). Subsequently, the two investigations were consolidated. Order No. 8, Inv. No. 337–TA–928 (Dec. 9, 2014). The Office of Unfair Import Investigations (‘‘OUII’’) is not participating in this investigation. On May 19, 2015, Valeo and FederalMogul reached a settlement agreement and filed a joint motion to terminate the Federal-Mogul respondents from the consolidated investigation, which was granted on June 5, 2015. See ALJ Order No. 24, Inv. No. 337–TA–928 (June 5, 2015) (not reviewed June 29, 2015). On May 27, 2016, Valeo and Trico filed a joint motion to terminate the investigation on the basis of a settlement agreement. On June 10, 2016, the Commission extended the target date for VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 completion of this investigation to June 30, 2016. Having examined the joint motion, the settlement agreement, and the record of this investigation, the Commission has determined to grant the joint motion to terminate the investigation and finds the motion in compliance with Commission rule 210.21(b). The Commission finds, pursuant to Commission rule 210.50(b)(2), that this termination will not prejudice the public interest. 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: June 27, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–15611 Filed 6–30–16; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Hand Dryers and Housings for Hand Dryers, DN 3159; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing under section 210.8(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(b)). FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. SUMMARY: 1 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 43241 General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Excel Dryer, Inc. on June 24, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hand dryers and housings for hand dryers. The complaint names as respondents ACL Group (Intl.) Ltd. of the United Kingdom; Alpine Industries Inc. of Irvington, NJ; FactoryDirectSale of Ontario, CA; Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of China; Jinhua Kingwe Electrical Co. Ltd. (a/k/a Kingwe) of China; Penson & Co. of China; Taizhou Dihour Electrical Appliances Co. Ltd. (a/k/a Dihour) of China; TC Bunny Co., Ltd. of China; Toolsempire of Ontario, CA; US Air Hand Dryer of Sacremento, CA; Vinovo Sovereign Industrial Jiaxing Co. Ltd of China; and Zhejiang Aike Appliance Co., Ltd. of China. The complainant requests that the Commission issue a general exclusion order, a cease and desist order and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the SUPPLEMENTARY INFORMATION: 2 United States International Trade Commission (USITC): https://edis.usitc.gov. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43240-43241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15611]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-928; Investigation No. 337-TA-937 
(Consolidated)]


Certain Windshield Wipers and Components Thereof; Commission 
Determination To Grant the Joint Motion To Terminate the Investigation 
on the Basis of a Settlement Agreement; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant the joint motion to terminate the 
above-referenced investigation based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General

[[Page 43241]]

information concerning the Commission may also be obtained by accessing 
its Internet server at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.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: The Commission instituted investigation No. 
337-TA-928, Certain Windshield Wipers and Components Thereof, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), on September 2, 2014, based on a complaint filed by 
Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L. 
de C.V. of Mexico (collectively, ``Valeo''). The complaint alleges a 
violation of section 337 by reason of infringement of certain claims of 
U.S. Patent Nos. 7,891,044 (``the `044 patent''); 7,937,798 (``the `798 
patent''); and 8,220,106 by Federal-Mogul Corp. of Southfield, 
Michigan, Federal-Mogul Vehicle Component Solutions, Inc. of 
Southfield, Michigan, and Federal-Mogul S.A. of Aubange, Belgium 
(collectively, ``Federal-Mogul''). 79 FR 52041-42 (Sep. 2, 2014).
    On October 15, 2014, Valeo filed another complaint, against Trico 
Products Corporation of Rochester Hills, Michigan; Trico Products of 
Brownsville, Texas; and Trico Componentes SA de CV of Tamaulipas, 
Mexico (collectively, ``Trico,'' Respondent, or Respondents), asserting 
a violation of section 337(a)(1)(B) by reason of infringement of one or 
more claims of the '044 patent and the '798 patent. On November 21, 
2014, the Commission instituted Investigation No. 337-TA-937, Certain 
Windshield Wipers and Components Thereof, based on this complaint filed 
by Valeo against Trico. 79 FR 69525-26 (Nov. 21, 2014). Subsequently, 
the two investigations were consolidated. Order No. 8, Inv. No. 337-TA-
928 (Dec. 9, 2014). The Office of Unfair Import Investigations 
(``OUII'') is not participating in this investigation.
    On May 19, 2015, Valeo and Federal-Mogul reached a settlement 
agreement and filed a joint motion to terminate the Federal-Mogul 
respondents from the consolidated investigation, which was granted on 
June 5, 2015. See ALJ Order No. 24, Inv. No. 337-TA-928 (June 5, 2015) 
(not reviewed June 29, 2015).
    On May 27, 2016, Valeo and Trico filed a joint motion to terminate 
the investigation on the basis of a settlement agreement. On June 10, 
2016, the Commission extended the target date for completion of this 
investigation to June 30, 2016.
    Having examined the joint motion, the settlement agreement, and the 
record of this investigation, the Commission has determined to grant 
the joint motion to terminate the investigation and finds the motion in 
compliance with Commission rule 210.21(b). The Commission finds, 
pursuant to Commission rule 210.50(b)(2), that this termination will 
not prejudice the public interest.
    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: June 27, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15611 Filed 6-30-16; 8:45 am]
BILLING CODE P
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