Certain Multiple Mode Outdoor Grills and Parts Thererof; Institution of Investigation, 59372-59373 [2013-23413]

Download as PDF 59372 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On September 6, 2013, the Commission determined that the domestic interested party group response to its notice of institution (78 FR 33108, June 3, 2013) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Act. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on October 2, 2013, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before October 7, 2013, and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by October 7, 2013. However, should the Department of Commerce extend the 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any statement by an individual Commissioner, will be available from the Office of the Secretary and at the Commission’s Web site. 2 The Commission has found the responses submitted by Allied Tube and Conduit, EXLTUBE, JMC Steel Group, Maruichi American Corporation, TMK–IPSCO, United States Steel Corporation, and Western Tube & Conduit Corporation to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Mar<15>2010 18:19 Sep 25, 2013 Jkt 229001 time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: September 23, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–23468 Filed 9–25–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–895] Certain Multiple Mode Outdoor Grills and Parts Thererof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 21, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of A&J Manufacturing, LLC of St. Simons, Georgia and A&J Manufacturing, Inc. of Green Cove Springs, Florida. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain multiple mode outdoor grills and parts thereof by reason of infringement of certain claims of U.S. Patent No. 8,381,712 (‘‘the ’712 patent’’), U.S. Patent No. D660,646 (‘‘the ’D646 patent’’), and U.S. Patent No. SUMMARY: PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 D662,773 (‘‘the ’D773 patent’’), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2013). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 20, 2013, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) 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 multiple mode outdoor grills and parts thereof that infringe one or more of claims 1–20 of the ’712 patent, the claim of the ’D646 patent, and the claim of the ’D773 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purposes of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: E:\FR\FM\26SEN1.SGM 26SEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Notices (a) The complainants are: A&J Manufacturing, LLC, 2465 Demere Road, St. Simons, GA 31522 A&J Manufacturing, Inc., 903 Lake Asbury Drive, Green Cove Springs, FL 32043 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: The Brinkmann Corporation, 4215 McEwen Road, Dallas, TX 75244 W.C. Bradley Company, 1017 Front Avenue, Columbus, GA 31902 GHP Group, Incorporated, 8280 N. Austin Avenue, Morton Grove, IL 60053 Kamado Joe Company, 2865 N. Berkeley Lake Road, NW., Suite 6, Duluth, GA 30096 Outdoor Leisure Products, Incorporated, 5400 Doniphan Drive, Neosho, MO 64850 Rankam Group, 1618 W. Rosecrans Avenue, Gardena, CA 90249 Academy Ltd., d/b/a/Academy Sports + Outdoors, 1800 North Mason Road, Katy, TX 77449 HEB Grocery Company, LP, d/b/a H–E– B, 646 South Main Avenue, San Antonio, TX 78204 Kmart Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179 Sears Brands Management Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179 Sears Holdings Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179 Sears, Roebuck & Company, 3333 Beverly Road, Hoffman Estates, IL 60179 Tractor Supply Company, 200 Powell Place, Brentwood, TN 37027 Guangdong Canbo Electrical Co., Ltd., No. 268 Qixin Road, Xingtan, Shunde District, Foshan City, Guangdong Province, CHINA Chant Kitchen Equipment (HK), Ltd., Suite 706, 7/F Rightful Centre 11–12, Tak Hing Street, Jordan, Kowloon, Hong Kong, CHINA Dongguan Kingsun Enterprises Co., Ltd., Zone 2 Xicheng Industrial District, Shiyong Village, Hengli Town, Dongguan City, CHINA Zhejiang Fudeer Electric Appliance Co., Ltd., No. 286, Kaifa Avenue, Taizhou Economic Development Zone, Zhejiang Province, CHINA Ningbo Huige Outdoor Products Co., Ltd., Room 1406 Building #15, Huaxin International Business Center, Fenghua City, Zhejiang Province, CHINA Keesung Manufacturing Co., Ltd., No. 88 Yu Wo Tou Road, Dong Chong Town, Panyu, Guangzhou 511475, CHINA VerDate Mar<15>2010 18:19 Sep 25, 2013 Jkt 229001 Ningbo Spring Communication Technologies Co. Ltd., No. 88 Qiming Road, Yingzhou Industrial Zone, Ningbo Zhejiang 315104, CHINA Wuxi Joyray International Corporation, No. 12F, Chongan Building, 369 Jiefang We Road, Wuxi, Jiangsu, CHINA (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR. 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: September 20, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–23413 Filed 9–25–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Amendment To Consent Decree Under the Clean Air Act On September 20, 2013, the Department of Justice lodged a proposed Amendment to Consent Decree with the United States District Court for the PO 00000 Frm 00039 Fmt 4703 Sfmt 9990 59373 Eastern District of Texas in the lawsuit entitled United States v. Total Petrochemicals USA, Inc., Civil Action No. 07–cv–00248–MAC. The United States filed this lawsuit, along with a Consent Decree resolving the claims in the complaint, in 2007. The United States’ complaint sought injunctive relief and civil penalties for violations of the Clean Air Act at the defendant’s petroleum refinery in Port Arthur, Texas. The consent decree required the defendant to perform injunctive relief and pay a civil penalty. The Amendment to Consent Decree resolves various violations of the 2007 Consent Decree. The Amendment, along with a Stipulation and Order filed therewith, requires the defendant to perform additional injunctive relief and pay a $8,750,000 stipulated penalty. The publication of this notice opens a period for public comment on the Amendment to Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Total Petrochemicals USA, Inc., D.J. Ref. No. 90–5–2–1–08283/3. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Amendment to Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/Consent_ Decrees.html. We will provide a paper copy of the Amendment to Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $4.75 (25 cents per page reproduction cost) payable to the United States Treasury. Thomas P. Carroll, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–23396 Filed 9–25–13; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Notices]
[Pages 59372-59373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23413]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-895]


Certain Multiple Mode Outdoor Grills and Parts Thererof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 21, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
A&J Manufacturing, LLC of St. Simons, Georgia and A&J Manufacturing, 
Inc. of Green Cove Springs, Florida. The complaint alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain multiple mode outdoor grills and parts thereof 
by reason of infringement of certain claims of U.S. Patent No. 
8,381,712 (``the '712 patent''), U.S. Patent No. D660,646 (``the 'D646 
patent''), and U.S. Patent No. D662,773 (``the 'D773 patent''), and 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 20, 2013, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 multiple 
mode outdoor grills and parts thereof that infringe one or more of 
claims 1-20 of the '712 patent, the claim of the 'D646 patent, and the 
claim of the 'D773 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purposes of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

[[Page 59373]]

    (a) The complainants are:

A&J Manufacturing, LLC, 2465 Demere Road, St. Simons, GA 31522
A&J Manufacturing, Inc., 903 Lake Asbury Drive, Green Cove Springs, FL 
32043
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

The Brinkmann Corporation, 4215 McEwen Road, Dallas, TX 75244
W.C. Bradley Company, 1017 Front Avenue, Columbus, GA 31902
GHP Group, Incorporated, 8280 N. Austin Avenue, Morton Grove, IL 60053
Kamado Joe Company, 2865 N. Berkeley Lake Road, NW., Suite 6, Duluth, 
GA 30096
Outdoor Leisure Products, Incorporated, 5400 Doniphan Drive, Neosho, MO 
64850
Rankam Group, 1618 W. Rosecrans Avenue, Gardena, CA 90249
Academy Ltd., d/b/a/Academy Sports + Outdoors, 1800 North Mason Road, 
Katy, TX 77449
HEB Grocery Company, LP, d/b/a H-E-B, 646 South Main Avenue, San 
Antonio, TX 78204
Kmart Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179
Sears Brands Management Corporation, 3333 Beverly Road, Hoffman 
Estates, IL 60179
Sears Holdings Corporation, 3333 Beverly Road, Hoffman Estates, IL 
60179
Sears, Roebuck & Company, 3333 Beverly Road, Hoffman Estates, IL 60179
Tractor Supply Company, 200 Powell Place, Brentwood, TN 37027
Guangdong Canbo Electrical Co., Ltd., No. 268 Qixin Road, Xingtan, 
Shunde District, Foshan City, Guangdong Province, CHINA
Chant Kitchen Equipment (HK), Ltd., Suite 706, 7/F Rightful Centre 11-
12, Tak Hing Street, Jordan, Kowloon, Hong Kong, CHINA
Dongguan Kingsun Enterprises Co., Ltd., Zone 2 Xicheng Industrial 
District, Shiyong Village, Hengli Town, Dongguan City, CHINA
Zhejiang Fudeer Electric Appliance Co., Ltd., No. 286, Kaifa Avenue, 
Taizhou Economic Development Zone, Zhejiang Province, CHINA
Ningbo Huige Outdoor Products Co., Ltd., Room 1406 Building 
15, Huaxin International Business Center, Fenghua City, 
Zhejiang Province, CHINA
Keesung Manufacturing Co., Ltd., No. 88 Yu Wo Tou Road, Dong Chong 
Town, Panyu, Guangzhou 511475, CHINA
Ningbo Spring Communication Technologies Co. Ltd., No. 88 Qiming Road, 
Yingzhou Industrial Zone, Ningbo Zhejiang 315104, CHINA
Wuxi Joyray International Corporation, No. 12F, Chongan Building, 369 
Jiefang We Road, Wuxi, Jiangsu, CHINA

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR. 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: September 20, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-23413 Filed 9-25-13; 8:45 am]
BILLING CODE 7020-02-P