Certain Archery Products and Related Marketing Materials; Commission Determination Not To Review an Initial Determination Finding Respondent Ningbo Topoint Outdoor Sports Co., Ltd., To Be in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 63165-63166 [2014-25051]

Download as PDF Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices Issued: October 16, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–25059 Filed 10–21–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–919] Certain Archery Products and Related Marketing Materials; Commission Determination Not To Review an Initial Determination Finding Respondent Ningbo Topoint Outdoor Sports Co., Ltd., To Be in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 11) issued by the presiding administrative law judge (‘‘ALJ’’) on September 16, 2014, finding the sole respondent, Ningbo Topoint Outdoor Sports Co., Ltd. (‘‘Ningbo’’), to be in default. Accordingly, the Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding. 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 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 information concerning the Commission may also be obtained by accessing its Internet server (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. 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 this investigation on June 16, 2014, based on a complaint filed by Bear Archery, Inc. and SOP Services, Inc. (‘‘Complainants’’). 79 FR 34356. The complaint alleges violations mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain archery products and related marketing materials by reason of infringement of certain claims of U.S. Patent No. RE38,096; U.S. Patent No. 6,978,775; U.S. Patent No. 7,226,375; U.S. Trademark Registration No. 2,501,255; and U.S. Trademark Registration No. 3,312,392. Id. The complaint further alleges the existence of a domestic industry. Id. The Commission’s notice of investigation named Ningbo as the respondent, and indicated that the Office of Unfair Import Investigations is participating in this investigation. Id. On June 11, 2014, the Commission attempted to serve Ningbo with the complaint and notice of investigation, but the notice was returned as undeliverable mail on July 23, 2014. On July 24, 2014, Complainants sought leave to attempt to effect personal service on Ningbo, and the leave was granted on July 30, 2014. On July 31, 2014, Complainants filed proof that they had served Ningbo with the complaint and notice of investigation. On August 19, 2014, Complainants moved for an order directing Ningbo to show cause why it should not be found in default for its failure to respond to the complaint and notice of investigation, and, upon failure to show cause, for the issuance of an initial determination finding Ningbo in default. On August 20, 2014, Complainants filed a letter indicating that they did not seek a general exclusion order in the event of a default. On August 21, 2014, the Commission Investigative Attorney (‘‘IA’’) filed a response supporting Complainants’ motion. On September 2, 2014, the ALJ granted the motion and ordered Ningbo to show cause why it should not be found in default. See Order No. 10. No response to Order No. 10 was filed. On September 16, 2014, the ALJ issued the subject ID finding Ningbo in default under Commission Rule 210.16(a)(1). See Order No. 11. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. Ningbo is the sole 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. Complainants indicated that they were not seeking a general exclusion order PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 63165 pursuant to Commission Rule 210.16(c)(2). In connection with the final disposition of this investigation, the Commission may: (1) issue an order that could result in the exclusion of articles manufactured or imported by the defaulting respondent; and/or (2) issue a cease and desist order that could result in the defaulting 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 (December 1994). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors that the Commission will consider include the effect that the exclusion order and/or cease and desists 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 or disapprove the Commission’s action. 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 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63166 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices submissions on the issues of remedy, the public interest, and bonding. Complainants and the IA are requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the HTSUS numbers under which the accused products are imported, and to state the dates that the patents expire. Written submissions and proposed remedial orders must be filed no later than the close of business on October 30, 2014. Reply submissions must be filed no later than the close of business on November 6, 2014. No further submissions on 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 deadline stated above and submit eight true paper copies to the Office of the Secretary pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337– TA–919’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.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 nonconfidential version of the document must also be filed simultaneously with any confidential filing. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on 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. VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 Issued: October 16, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–25051 Filed 10–21–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1190–0018] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection Civil Rights Division, Department of Justice. ACTION: 30-day Notice. AGENCY: The Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices, will be submitting the following information collection request to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register, Volume 79, Number 159, page 48765, on August 18, 2014, allowing for a 60-day comment period. DATES: The purpose of this notice is to allow for an additional 30 days for public comment until November 21, 2014. SUMMARY: FOR FURTHER INFORMATION CONTACT: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: DOJ Desk Officer, Fax: 202 395–5806, or emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number [1190–0018]. Also include the DOJ docket number found in brackets in the heading of this document. Written comments and/or suggestions are requested from the public and affected agencies concerning the proposed collection of information. Your comments should address one or more of the following four points: (1) Evaluate whether the collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). The information collection is listed below: (1) Type of information collection: Extension of Currently Approved Collection. (2) The title of the form/collection: Office of Special Counsel for Immigration-Related Unfair Employment Practices Charge Form [OSC Charge Form]. (3) The agency form number and applicable component of the Department sponsoring the collection. Form OSC–1. Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, U.S. Department of Justice. (4) Affected public who will be asked to respond, as well as a brief abstract: Primary: The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1324b. Individuals alleging discrimination by public and private entities based on (1) citizenship or immigration status discrimination in hiring, firing, or recruitment or referral for a fee, (2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, (3) unfair documentary practices during the employment eligibility verification (Form I–9 and E-Verify) process, and (4) retaliation or intimidation for asserting rights covered by the statute. The Department’s Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), investigates and, where reasonable cause is found, litigates charges alleging discrimination. OSC also initiates independent investigations, at times based on information developed during individual charge investigations. Independent investigations normally involve alleged discriminatory policies that potentially affect many employees or applicants. These investigations may result in complaints alleging a pattern or practice of discriminatory activity. If the Department lacks jurisdiction over a particular charge but believes another agency has jurisdiction over the claim, the charge is forwarded to the E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63165-63166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25051]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-919]


Certain Archery Products and Related Marketing Materials; 
Commission Determination Not To Review an Initial Determination Finding 
Respondent Ningbo Topoint Outdoor Sports Co., Ltd., To Be 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 has determined not to review an initial determination 
(``ID'') (Order No. 11) issued by the presiding administrative law 
judge (``ALJ'') on September 16, 2014, finding the sole respondent, 
Ningbo Topoint Outdoor Sports Co., Ltd. (``Ningbo''), to be in default. 
Accordingly, the Commission requests written submissions, under the 
schedule set forth below, on remedy, public interest, and bonding.

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 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 information concerning the Commission 
may also be obtained by accessing its Internet server (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. 
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 this investigation 
on June 16, 2014, based on a complaint filed by Bear Archery, Inc. and 
SOP Services, Inc. (``Complainants''). 79 FR 34356. The complaint 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain archery products and related 
marketing materials by reason of infringement of certain claims of U.S. 
Patent No. RE38,096; U.S. Patent No. 6,978,775; U.S. Patent No. 
7,226,375; U.S. Trademark Registration No. 2,501,255; and U.S. 
Trademark Registration No. 3,312,392. Id. The complaint further alleges 
the existence of a domestic industry. Id. The Commission's notice of 
investigation named Ningbo as the respondent, and indicated that the 
Office of Unfair Import Investigations is participating in this 
investigation. Id.
    On June 11, 2014, the Commission attempted to serve Ningbo with the 
complaint and notice of investigation, but the notice was returned as 
undeliverable mail on July 23, 2014. On July 24, 2014, Complainants 
sought leave to attempt to effect personal service on Ningbo, and the 
leave was granted on July 30, 2014. On July 31, 2014, Complainants 
filed proof that they had served Ningbo with the complaint and notice 
of investigation.
    On August 19, 2014, Complainants moved for an order directing 
Ningbo to show cause why it should not be found in default for its 
failure to respond to the complaint and notice of investigation, and, 
upon failure to show cause, for the issuance of an initial 
determination finding Ningbo in default. On August 20, 2014, 
Complainants filed a letter indicating that they did not seek a general 
exclusion order in the event of a default. On August 21, 2014, the 
Commission Investigative Attorney (``IA'') filed a response supporting 
Complainants' motion.
    On September 2, 2014, the ALJ granted the motion and ordered Ningbo 
to show cause why it should not be found in default. See Order No. 10. 
No response to Order No. 10 was filed.
    On September 16, 2014, the ALJ issued the subject ID finding Ningbo 
in default under Commission Rule 210.16(a)(1). See Order No. 11. No 
petitions for review of the ID were filed. The Commission has 
determined not to review the subject ID.
    Ningbo is the sole 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. Complainants indicated that they were not seeking a general 
exclusion order pursuant to Commission Rule 210.16(c)(2).
    In connection with the final disposition of this investigation, the 
Commission may: (1) issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondent; and/
or (2) issue a cease and desist order that could result in the 
defaulting 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 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists 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 
or disapprove the Commission's action. 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

[[Page 63166]]

submissions on the issues of remedy, the public interest, and bonding. 
Complainants and the IA are requested to submit proposed remedial 
orders for the Commission's consideration. Complainants are also 
requested to state the HTSUS numbers under which the accused products 
are imported, and to state the dates that the patents expire.
    Written submissions and proposed remedial orders must be filed no 
later than the close of business on October 30, 2014. Reply submissions 
must be filed no later than the close of business on November 6, 2014. 
No further submissions on 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 deadline stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-919'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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 nonconfidential version of the document must also be filed 
simultaneously with any confidential filing. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on 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.

    Issued: October 16, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-25051 Filed 10-21-14; 8:45 am]
BILLING CODE 7020-02-P