Certain Archery Products and Related Marketing Materials; Issuance of a Limited Exclusion Order Against the Respondent Found in Default; Termination of the Investigation, 73101-73102 [2014-28765]
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Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
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[FR Doc. 2014–28787 Filed 12–8–14; 8:45 am]
BILLING CODE 4310–6W–P
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ACTION: Notice of public meeting
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AGENCY:
In accordance with the
Federal Land Policy and Management
SUMMARY:
VerDate Sep<11>2014
14:48 Dec 08, 2014
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Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), notice
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of the Interior, Bureau of Land
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December 12, 2014, has been
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73101
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Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2014–28797 Filed 12–8–14; 8:45 am]
BILLING CODE 4310–JB–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–919]
Certain Archery Products and Related
Marketing Materials; Issuance of a
Limited Exclusion Order Against the
Respondent Found in Default;
Termination of the Investigation
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued a limited
exclusion order against certain archery
products and related marketing
materials of Ningbo Topoint Outdoor
Sports Co., Ltd. (‘‘Ningbo Topoint’’).
The investigation 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 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 (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 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
SUMMARY:
E:\FR\FM\09DEN1.SGM
09DEN1
rljohnson on DSK3VPTVN1PROD with NOTICES
73102
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
products and related marketing
materials by reason of infringement of
certain claims of U.S. Patent No.
RE38,096 (‘‘the ’096 patent’’); U.S.
Patent No. 6,978,775 (‘‘the ’775 patent’’);
U.S. Trademark Registration No.
2,501,255 (‘‘the ’255 mark’’); and U.S.
Trademark Registration No. 3,312,392
(‘‘the ’392 mark’’). Id. The complaint
further alleges the existence of a
domestic industry. Id. The
Commission’s notice of investigation
named Ningbo Topoint as the only
respondent, and indicated that the
Office of Unfair Import Investigations is
participating in this investigation. Id.
On September 2, 2014, the ALJ
ordered Ningbo Topoint 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 an initial
determination finding Ningbo Topoint
in default under Commission Rule
210.16(a)(1) (19 CFR 210.16(a)(1)). See
Order No. 11. On October 16, 2014, the
Commission determined not to review
the initial determination.
The Commission requested briefing
from the parties and the public on the
issues of remedy, the public interest,
and bonding. The Commission received
responsive submissions from
Complainants and the Commission
Investigative Attorney (‘‘IA’’) on October
30, 2014, and a reply submission from
the IA on November 6, 2014. The
submissions agreed that the appropriate
remedy is the entry of a limited
exclusion order against Ningbo Topoint,
that the public interest factors do not
weigh against granting such a limited
exclusion order, and that bonding
should be set at 100 percent of the
entered value of the infringing products.
The Commission finds that the
statutory requirements of section
337(g)(1) (19 U.S.C. 1337(g)(1)) and
Commission Rule 210.16(a)(1) (19 CFR
210.16(a)(1)) are met with respect to
Ningbo Topoint. Accordingly, pursuant
to section 337(g)(1) (19 U.S.C.
1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 210.16(c)), the
Commission presumes the facts alleged
in the complaint to be true and finds
that Ningbo Topoint is in violation of
section 337.
The Commission has determined that
the appropriate form of relief in this
investigation is a limited exclusion
order prohibiting the unlicensed entry
of archery products and related
marketing materials that are
manufactured abroad by or on behalf of,
or imported by or on behalf of, Ningbo
Topoint that infringe one or more of
claims 1–3, 6–12, and 15–38 of the ’096
patent and claims 1–3, 16–22, 24–26,
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14:48 Dec 08, 2014
Jkt 235001
29, 31, and 32 of the ’775 patent, or
infringe the ’255 or ’392 marks. The
Commission has further determined that
the public interest factors enumerated in
section 337(g)(1) (19 U.S.C. 1337(g)(1))
do not preclude the issuance of the
limited exclusion order. Finally, the
Commission has determined that the
bond for importation during the period
of Presidential review shall be in the
amount of 100 percent of the entered
value of the imported subject articles of
Ningbo Topoint. The Commission’s
order was delivered to the President and
the United States Trade Representative
on the day of its issuance.
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.
Dated: December 3, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–28765 Filed 12–8–14; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–509 and 731–
TA–1244 (Final)]
1,1,1,2-Tetrafluoroethane From China
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to sections 705(b) and 735(b) of the
Tariff Act of 1930 (19 U.S.C. 1671d(b))
and (19 U.S.C. 1673d(b)) (‘‘the Act’’),
that an industry in the United States is
not materially injured or threatened
with material injury, and the
establishment of an industry in the
United States is not materially retarded,
by reason of imports of 1,1,1,2Tetrafluoroethane from China, provided
for in subheading 2903.39.20 of the
Harmonized Tariff Schedule of the
United States, that have been found by
the Department of Commerce
(‘‘Commerce’’) to be sold in the United
States at less than fair value (‘‘LTFV’’)
and subsidized by the government of
China.2
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioners Irving A. Williamson and
Rhonda K. Schmidtlein dissenting.
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Background
The Commission instituted these
investigations effective October 22,
2013, following receipt of a petition
filed with the Commission and
Commerce by Mexichem Fluor Inc., St.
Gabriel, LA. The final phase of the
investigations was scheduled by the
Commission following notification of
preliminary determinations by
Commerce that imports of 1,1,1,2Tetrafluoroethane from China were
subsidized within the meaning of
section 703(b) of the Act (19 U.S.C.
1671b(b)) and sold at LTFV within the
meaning of 733(b) of the Act (19 U.S.C.
1673b(b)). Notice of the scheduling of
the final phase of the Commission’s
investigations and of a public hearing to
be held in connection therewith was
given by posting copies of the notice in
the Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register on June
24, 2014 (79 FR 35795). The hearing was
held in Washington, DC on October 15,
2014, and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these investigations to
the Secretary of Commerce on December
3, 2014. The views of the Commission
are contained in USITC Publication
4503 (December 2014), entitled 1,1,1,2Tetrafluoroethane from China:
Investigation Nos. 701–TA–509 and
731–TA–1244 (Final).
By order of the Commission.
Issued: December 4, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–28790 Filed 12–8–14; 8:45 am]
BILLING CODE 7020–02–P
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Agency Information Collection
Activities; Proposed eCollection
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With Change, of a Previously
Approved Collection FD–1000
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SUMMARY:
E:\FR\FM\09DEN1.SGM
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[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73101-73102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28765]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-919]
Certain Archery Products and Related Marketing Materials;
Issuance of a Limited Exclusion Order Against the Respondent Found in
Default; Termination of the Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a limited exclusion order against certain archery
products and related marketing materials of Ningbo Topoint Outdoor
Sports Co., Ltd. (``Ningbo Topoint''). The investigation 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 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 (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 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
[[Page 73102]]
products and related marketing materials by reason of infringement of
certain claims of U.S. Patent No. RE38,096 (``the '096 patent''); U.S.
Patent No. 6,978,775 (``the '775 patent''); U.S. Trademark Registration
No. 2,501,255 (``the '255 mark''); and U.S. Trademark Registration No.
3,312,392 (``the '392 mark''). Id. The complaint further alleges the
existence of a domestic industry. Id. The Commission's notice of
investigation named Ningbo Topoint as the only respondent, and
indicated that the Office of Unfair Import Investigations is
participating in this investigation. Id.
On September 2, 2014, the ALJ ordered Ningbo Topoint 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 an
initial determination finding Ningbo Topoint in default under
Commission Rule 210.16(a)(1) (19 CFR 210.16(a)(1)). See Order No. 11.
On October 16, 2014, the Commission determined not to review the
initial determination.
The Commission requested briefing from the parties and the public
on the issues of remedy, the public interest, and bonding. The
Commission received responsive submissions from Complainants and the
Commission Investigative Attorney (``IA'') on October 30, 2014, and a
reply submission from the IA on November 6, 2014. The submissions
agreed that the appropriate remedy is the entry of a limited exclusion
order against Ningbo Topoint, that the public interest factors do not
weigh against granting such a limited exclusion order, and that bonding
should be set at 100 percent of the entered value of the infringing
products.
The Commission finds that the statutory requirements of section
337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(a)(1) (19
CFR 210.16(a)(1)) are met with respect to Ningbo Topoint. Accordingly,
pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission
Rule 210.16(c) (19 CFR 210.16(c)), the Commission presumes the facts
alleged in the complaint to be true and finds that Ningbo Topoint is in
violation of section 337.
The Commission has determined that the appropriate form of relief
in this investigation is a limited exclusion order prohibiting the
unlicensed entry of archery products and related marketing materials
that are manufactured abroad by or on behalf of, or imported by or on
behalf of, Ningbo Topoint that infringe one or more of claims 1-3, 6-
12, and 15-38 of the '096 patent and claims 1-3, 16-22, 24-26, 29, 31,
and 32 of the '775 patent, or infringe the '255 or '392 marks. The
Commission has further determined that the public interest factors
enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude
the issuance of the limited exclusion order. Finally, the Commission
has determined that the bond for importation during the period of
Presidential review shall be in the amount of 100 percent of the
entered value of the imported subject articles of Ningbo Topoint. The
Commission's order was delivered to the President and the United States
Trade Representative on the day of its issuance.
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.
Dated: December 3, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-28765 Filed 12-8-14; 8:45 am]
BILLING CODE 7020-02-P