Enforcement and Rescission Proceeding; Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Rescission Proceeding, 85264-85265 [2016-28314]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 85264 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices Motor North America, Inc. of New York City, New York; Toyota Motor Sales, U.S.A., Inc. of Torrance, California; Toyota Motor Engineering & Manufacturing North America, Inc. of Erlanger, Kentucky; Toyota Motor Manufacturing, Indiana, Inc. of Princeton, Indiana; Toyota Motor Manufacturing, Kentucky, Inc. of Georgetown, Kentucky; and Toyota Motor Manufacturing, Mississippi, Inc. of Blue Springs, Mississippi. On October 19, 2016, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 56) terminating the investigation as to Volkswagen AG of Wolfsburg, Germany; Volkswagen Group of America, Inc. and Audi of America, LLC, both of Herndon, Virginia; Volkswagen Group of America Chattanooga Operations, LLC of Chattanooga, Tennessee; and Audi AG of Ingolstadt, Germany based on a settlement agreement. On August 24, 2016, the complainant and Fujitsu Ten jointly moved to terminate the investigation as to Fujitsu Ten based on a patent license agreement. On August 25, 2016, the complainant and Renesas jointly moved to terminate the investigation as to Renesas based on a patent license agreement. On the same date, the complainant and the Honda respondents jointly moved to terminate the investigation as to the Honda respondents based on a patent license agreement. OUII filed responses supporting each motion and no other responses were received. On October 24, 2016, the ALJ issued the subject IDs (Order Nos. 57–59) granting the joint motions for termination of the investigation as to Fujitsu Ten, Renesas, and the Honda respondents, and finding that the motions satisfy Commission Rules 210.21(a)(2), (b)(1) (19 CFR 210.21(a)(2), (b)(1)) and that each termination is in the public interest. No petitions for review were filed. The Commission has determined not to review the subject IDs and has terminated the investigation. 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: November 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–28358 Filed 11–23–16; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 18:57 Nov 23, 2016 Jkt 241001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–929] Enforcement and Rescission Proceeding; Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted a rescission proceeding relating to the March 17, 2016 limited exclusion order and cease and desist order issued in the abovereferenced 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. SUPPLEMENTARY INFORMATION: 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 (Sept. 9, 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. SUMMARY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 (‘‘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 (Mar. 24, 2016). 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 violations of the March 17, 2016, limited exclusion order and cease and desist order by Eko Brands and Espresso Supply, Inc. The Commission instituted a formal enforcement proceeding on July 1, 2016. 81 FR 43242–43. On September 12, 2016, Eko Brands petitioned the Commission to rescind its limited exclusion order and cease and desist orders, and to terminate the enforcement proceeding. Eko Brands contended that changed circumstances warranted such relief. On September 22, 2016, ARM opposed the petition. On September 22, 2016, OUII filed a response supporting the institution of a rescission proceeding but opposing the termination of the enforcement proceeding. On September 30, 2016, Eko Brands moved for leave to file a reply in support of its petition. ARM opposed the motion on October 6, 2016. E:\FR\FM\25NON1.SGM 25NON1 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices Having examined the petition and the supporting documents, the Commission has determined to institute a rescission proceeding to determine whether the March 17, 2016 limited exclusion order and cease and desist order should be rescinded. The Commission has further determined to delegate the rescission proceeding to the presiding ALJ and to consolidate that proceeding with the ongoing enforcement proceeding. Finally, the Commission has determined to delegate Eko Brands’s request to terminate the enforcement proceeding to the ALJ, and to deny Eko Brands’s motion for leave to file a reply. 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 section 210.76 of the Commission’s Rules of Practice and Procedure (19 CFR 210.76). By order of the Commission. Issued: November 18, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–28314 Filed 11–23–16; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Advisory Board on Toxic Substances and Worker Health: Subcommittee on Industrial Hygienists (IH) & Contract Medical Consultants (CMC) and Their Reports Office of Workers’ Compensation Programs. ACTION: Announcement of meeting of the subcommittee on IH & CMC and their reports of the Advisory Board on Toxic Substances and Worker Health (Advisory Board) for the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). AGENCY: The subcommittee will meet via teleconference on December 16, 2016, from 12:00 p.m. to 1:30 p.m. Eastern Time. For Press Inquiries Contact: For press inquiries: Ms. Amanda McClure, Office of Public Affairs, U.S. Department of Labor, Room S–1028, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–4672; email mcclure.amanda.c@dol.gov. SUPPLEMENTARY INFORMATION: The Advisory Board is mandated by Section 3687 of EEOICPA. The Secretary of Labor established the Board under this authority and Executive Order 13699 asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:57 Nov 23, 2016 Jkt 241001 (June 26, 2015). The purpose of the Advisory Board is to advise the Secretary with respect to: (1) The Site Exposure Matrices (SEM) of the Department of Labor; (2) medical guidance for claims examiners for claims with the EEOICPA program, with respect to the weighing of the medical evidence of claimants; (3) evidentiary requirements for claims under Part B of EEOICPA related to lung disease; and (4) the work of industrial hygienists and staff physicians and consulting physicians of the Department of Labor and reports of such hygienists and physicians to ensure quality, objectivity, and consistency. The Advisory Board sunsets on December 19, 2019. This subcommittee is being assembled to gather data and begin working on advice under Area #4, IH & CMC and Their Reports. The Advisory Board operates in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and its implementing regulations (41 CFR part 102–3). Agenda: The tentative agenda for the Subcommittee on IH & CMC and Their Reports meeting includes: Update on initial recommendations forwarded to the Secretary of Labor; discussion about follow-up from the public comments; review of status of board requests; discussion of committee members’ review of additional case files. OWCP transcribes Advisory Board subcommittee meetings. OWCP posts the transcripts on the Advisory Board Web page, http://www.dol.gov/owcp/ energy/regs/compliance/ AdvisoryBoard.htm, along with written comments and other materials submitted to the subcommittee or presented at subcommittee meetings. Public Participation, Submissions, and Access to the Public Record Subcommittee meeting: The subcommittee will meet via teleconference on Friday, December 16, 2016, from 12:00 p.m. to 1:30 p.m. Eastern Time. Advisory Board subcommittee meetings are open to the public. The teleconference number and other details for listening to the meeting will be posted on the Advisory Board’s Web site no later than 72 hours prior to the meeting. This information will be posted at http://www.dol.gov/owcp/ energy/regs/compliance/ AdvisoryBoard.htm. Requests for special accommodations: Please submit requests for special accommodations to participate in the subcommittee meeting by email, telephone, or hard copy to Ms. Carrie Rhoads, OWCP, Room S–3524, U.S. Department of Labor, 200 Constitution PO 00000 Frm 00062 Fmt 4703 Sfmt 9990 85265 Avenue NW., Washington, DC 20210; telephone (202) 343–5580; email EnergyAdvisoryBoard@dol.gov. Submission of written comments for the record: You may submit written comments, identified by the subcommittee name and the meeting date of December 16, 2016, by any of the following methods: • Electronically: Send to: EnergyAdvisoryBoard@dol.gov (specify in the email subject line, ‘‘Subcommittee on IH & CMC and Their Reports’’). • Mail, express delivery, hand delivery, messenger, or courier service: Submit one copy to the following address: U.S. Department of Labor, Office of Workers’ Compensation Programs, Advisory Board on Toxic Substances and Worker Health, Room S–3522, 200 Constitution Ave. NW., Washington, DC 20210. Due to securityrelated procedures, receipt of submissions by regular mail may experience significant delays. Comments must be received by December 9, 2016. OWCP will make available publically, without change, any written comments, including any personal information that you provide. Therefore, OWCP cautions interested parties against submitting personal information such as Social Security numbers and birthdates. Electronic copies of this Federal Register notice are available at http:// www.regulations.gov. This notice, as well as news releases and other relevant information, are also available on the Advisory Board’s Web page at http:// www.dol.gov/owcp/energy/regs/ compliance/AdvisoryBoard.htm. You may contact Antonio Rios, Designated Federal Officer, at rios.antonio@dol.gov, or Carrie Rhoads, Alternate Designated Federal Officer, at rhoads.carrie@ dol.gov, U.S. Department of Labor, 200 Constitution Avenue NW., Suite S– 3524, Washington, DC 20210, telephone (202) 343–5580. This is not a toll-free number. FOR FURTHER INFORMATION CONTACT: Leonard J. Howie III, Director, Office of Workers’ Compensation Programs. [FR Doc. 2016–28273 Filed 11–23–16; 8:45 am] BILLING CODE 4510–24–P E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Notices]
[Pages 85264-85265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28314]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929]


Enforcement and Rescission Proceeding; Certain Beverage Brewing 
Capsules, Components Thereof, and Products Containing the Same; Notice 
of Institution of Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a rescission proceeding relating to the 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.

SUPPLEMENTARY INFORMATION: 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 (Sept. 9, 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 (Mar. 24, 2016). 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 violations of the March 17, 2016, limited 
exclusion order and cease and desist order by Eko Brands and Espresso 
Supply, Inc. The Commission instituted a formal enforcement proceeding 
on July 1, 2016. 81 FR 43242-43.
    On September 12, 2016, Eko Brands petitioned the Commission to 
rescind its limited exclusion order and cease and desist orders, and to 
terminate the enforcement proceeding. Eko Brands contended that changed 
circumstances warranted such relief. On September 22, 2016, ARM opposed 
the petition. On September 22, 2016, OUII filed a response supporting 
the institution of a rescission proceeding but opposing the termination 
of the enforcement proceeding.
    On September 30, 2016, Eko Brands moved for leave to file a reply 
in support of its petition. ARM opposed the motion on October 6, 2016.

[[Page 85265]]

    Having examined the petition and the supporting documents, the 
Commission has determined to institute a rescission proceeding to 
determine whether the March 17, 2016 limited exclusion order and cease 
and desist order should be rescinded. The Commission has further 
determined to delegate the rescission proceeding to the presiding ALJ 
and to consolidate that proceeding with the ongoing enforcement 
proceeding. Finally, the Commission has determined to delegate Eko 
Brands's request to terminate the enforcement proceeding to the ALJ, 
and to deny Eko Brands's motion for leave to file a reply.
    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 section 210.76 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.76).

    By order of the Commission.

    Issued: November 18, 2016.
Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2016-28314 Filed 11-23-16; 8:45 am]
BILLING CODE 7020-02-P