1,1,1,2-Tetrafluoroethane From China, 73102 [2014-28790]

Download as PDF 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, VerDate Sep<11>2014 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. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 DEPARTMENT OF JUSTICE [OMB Number 1110–0045] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With Change, of a Previously Approved Collection FD–1000 Customer Satisfaction Assessment Bureau of Investigation, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice (DOJ), FBI Laboratory, Federal Bureau of Investigation, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in SUMMARY: E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Page 73102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28790]


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

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 1,1,1,2-Tetrafluoroethane 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.
---------------------------------------------------------------------------

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 
1,1,1,2-Tetrafluoroethane 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 1,1,1,2-Tetrafluoroethane 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