Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 43241-43242 [2016-15702]
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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
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
43242
Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions must be filed no
later than by close of business, eight
calendar days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day 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 docket number (‘‘Docket No. 3159’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures 4). 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
4 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf.
VerDate Sep<11>2014
19:05 Jun 30, 2016
Jkt 238001
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.5
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
Issued: June 28, 2016.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–15702 Filed 6–30–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–929
(Enforcement Proceeding)]
Certain Beverage Brewing Capsules,
Components Thereof, and Products
Containing the Same; Notice of
Institution of Formal Enforcement
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has instituted a formal
enforcement proceeding relating to
March 17, 2016 limited exclusion order
and cease and desist order issued in the
above-referenced investigation.
FOR FURTHER INFORMATION CONTACT:
Robert J. Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3438. 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.
SUMMARY:
5 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
The
Commission instituted the original
investigation on September 9, 2014,
based on a complaint filed by Adrian
Rivera and Adrian Rivera Maynez
Enterprises, Inc. (collectively, ‘‘ARM’’).
79 FR 53445–46 (Mar. 24, 2016). The
complaint alleged violations of section
337 of the Tariff Act of 1930, as
amended, 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 beverage brewing capsules,
components thereof, and products
containing the same, by reason of
infringement of claims 5–8 and 18–20 of
U.S. Patent No. 8,720,320 (‘‘the ’320
patent’’). Id. The notice of institution of
the investigation named as respondents
Solofill, LLC (‘‘Solofill’’); DongGuan Hai
Rui Precision Mould Co., Ltd.
(‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko
Brands’’); Evermuch Technology Co.,
Ltd. and Ever Much Company Ltd.
(together, ‘‘Evermuch’’); and several
additional respondents who were
terminated by reason of consent order or
settlement. 79 FR 53445. The Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party to the
investigation. Id. The Commission
found Eko Brands and Evermuch in
default for failure to respond to the
complaint and notice of investigation.
Notice (May 18, 2015).
On March 17, 2016, the Commission
found no violation of section 337 by
Solofill and DongGuan because claims
5–7, 18, and 20 were invalid for a lack
of written description and claims 5 and
6 were invalid as anticipated. 81 FR
15742–43. The Commission, however,
presumed that the allegations were true
with respect to the remaining
allegations against the defaulted parties
Eko Brands and Evermuch, and thus
concluded that they violated section 337
with respect to claims 8 and 19. Id. at
15743. The Commission issued a
limited exclusion order prohibiting Eko
Brands and Evermuch from importing
certain beverage brewing capsules,
components thereof, and products
containing the same that infringed
claims 8 or 19 of the ’320 patent. Id. The
Commission also issued cease and
desist orders against Eko Brands and
Evermuch prohibiting the sale and
distribution within the United States of
articles that infringe claims 8 or 19. Id.
On June 1, 2016, ARM filed a
complaint requesting that the
Commission institute a formal
enforcement proceeding under
Commission Rule 210.75(b) to
investigate alleged violations of the
limited exclusion order and the cease
and desist order against Eko Brands by
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43241-43242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15702]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Complaint; Solicitation of Comments Relating
to the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: 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.
---------------------------------------------------------------------------
\1\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\2\ United States International Trade Commission (USITC): https://edis.usitc.gov.
\3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: 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. Sec. 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
[[Page 43242]]
United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the requested
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the requested remedial orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the United States
which could replace the subject articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or
third party suppliers have the capacity to replace the volume of
articles potentially subject to the requested exclusion order and/or a
cease and desist order within a commercially reasonable time; and
(v) explain how the requested remedial orders would impact United
States consumers.
Written submissions must be filed no later than by close of
business, eight calendar days after the date of publication of this
notice in the Federal Register. There will be further opportunities for
comment on the public interest after the issuance of any final initial
determination in this investigation.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
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 docket
number (``Docket No. 3159'') in a prominent place on the cover page
and/or the first page. (See Handbook for Electronic Filing Procedures,
Electronic Filing Procedures \4\). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------
\4\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
---------------------------------------------------------------------------
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. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary and on EDIS.\5\
---------------------------------------------------------------------------
\5\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10
and 210.8(c) of the Commission's Rules of Practice and Procedure (19
CFR 201.10, 210.8(c)).
Issued: June 28, 2016.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15702 Filed 6-30-16; 8:45 am]
BILLING CODE 7020-02-P
