Certain Pumping Bras Commission Determination To Review In-Part an Initial Determination Granting Complainant's Motion for Summary Determination of Section 337 Violation by Defaulted Respondents, 92852-92853 [2016-30580]

Download as PDF 92852 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–457–A–D (Fourth Review)] Heavy Forged Hand Tools From China Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty orders on heavy forged hand tools from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)), instituted these reviews on July 1, 2016 (81 FR 43235) and determined on October 4, 2016, that it would conduct expedited reviews (81 FR 73417, October 25, 2016). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on December 15, 2016. The views of the Commission are contained in USITC Publication 4654 (December 2016), entitled Heavy Forged Hand Tools from China: Investigation Nos. 731–TA–457–A–D (Fourth Review). By order of the Commission. Issued: December 15, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–30636 Filed 12–19–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–988] Certain Pumping Bras Commission Determination To Review In-Part an Initial Determination Granting Complainant’s Motion for Summary Determination of Section 337 Violation by Defaulted Respondents U.S. International Trade Commission. ACTION: Notice. mstockstill on DSK3G9T082PROD with NOTICES AGENCY: Notice is hereby given that the U.S. International Trade SUMMARY: 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 Commission has determined to review in-part an initial determination (‘‘ID’’) (Order No. 11) of the presiding administrative law judge (‘‘ALJ’’) granting Complainant’s motion for summary determination of section 337 violation by Respondents found in default. On review, the Commission has determined to modify the ID to set aside the expenses relating to Complainant’s patent and trademark prosecution and maintenance in the ID’s domestic industry analysis. The Commission has determined not to review the remainder of the ID. The Commission’s determination results in a determination of a violation of section 337. Accordingly, the Commission requests written submissions, under the schedule set forth below, on remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–4716. 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 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–988 on March 14, 2016, based on a complaint filed by Complainant Simple Wishes, LLC (‘‘Simple Wishes’’) of Sacramento, California. See 81 FR 13419–20 (Mar. 14, 2016). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain pumping bras by reason of infringement of certain claims of U.S. Patent No. 8,323,070 (‘‘the ’070 patent’’) and U.S. Patent No. 8,192,247 (‘‘the ’247 patent’’). Id. The notice of investigation identified TANZKY of Luohugu, China; BabyPreg of Shenzhen Guangdong, China; Deal Perfect of Shenzhen Guangdong, China; and PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Buywish of Nanjing Jiangsu, China, as respondents in this investigation. Id. The Office of Unfair Import Investigations is also a party to this investigation. Id. Respondent Buywish was subsequently terminated from the investigation. See Certain Pumping Bras, USITC Inv. No. 337–TA–988, Comm’n Notice (Aug. 9, 2016). As a result, the ’247 patent which was asserted against Respondent Buywish only, is no longer at issue in this investigation. See ID at 4 n.1. On May 12, 2016, Complainant Simple Wishes filed a motion for an order to show cause and for entry of default against Respondents TANZKY, BabyPreg, and Deal Perfect (collectively, ‘‘the Defaulting Respondents’’) for failure to respond to the complaint and notice of investigation. On May 19, 2016, the Commission Investigative Attorney (‘‘IA’’) filed a response in support of Complainant’s motion. On June 22, 2016, the ALJ issued an initial determination granting Complainant’s motion and finding TANZKY, BabyPreg, and Deal Perfect in default (Order No. 8). On July 8, 2016, the Commission determined not to review Order No. 8. See Certain Pumping Bras, USITC Inv. No. 337–TA–988, Comm’n Notice (July 8, 2016). On August 30, 2016, Complainant Simple Wishes filed a motion for summary determination on domestic industry and violation of section 337 by the Defaulting Respondents. In addition, Complainant Simple Wishes requested a recommended determination for the Commission to issue a general exclusion order and to set a bond at 100 percent. On September 9, 2016, the IA filed a response in support of Complainant’s motion and requested remedy. On October 31, 2016, the ALJ issued the subject ID (Order No. 11) granting Complainant’s motion for summary determination on domestic industry and violation of section 337 by the Defaulting Respondents and recommending that the Commission issue a general exclusion order and set a bond at 100 percent. See Certain Pumping Bras, USITC Inv. No. 337–TA– 988, Order No. 11 (Oct. 31, 2016). On November 7, 2016, the IA filed a petition for a limited review of the ID with respect to the ID’s consideration of Complainant’s expenses relating to patent and trademark prosecution and maintenance in its domestic industry analysis under 19 U.S.C. 1337(a)(3)(C). Complainant did not file a response to the IA’s petition. The Commission has determined to review the ID and on review, to modify the ID in-part to set aside the expenses relating to Complainant’s patent and E:\FR\FM\20DEN1.SGM 20DEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices trademark prosecution and maintenance in the domestic industry analysis. As recognized in Certain Video Game Systems and Controllers, patent prosecution activities rarely qualify as investments under section 337(a)(3)(C). See Certain Video Game Systems and Controllers, Inv. No. 337–TA–743, Comm’n Op., 2011 WL 1523774, *5 (Apr. 14, 2011). Rather, such activities are typically a step towards patent ownership and are insufficient to constitute exploitation of the patent under section 337(a)(3)(C). See id.; 19 U.S.C. 1337(a)(3)(C). Complainant made no showing that its patent and trademark prosecution and maintenance expenses are related to engineering, research and development, or licensing, or that such expenses otherwise qualify under 19 U.S.C. 1337(a)(3)(C). The Commission has determined not to review the remainder of the ID. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent(s) 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 (Dec. 1994) (Comm’n Op.). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist 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. VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 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 submissions on the issues of remedy, the public interest, and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the HTSUS numbers under which the accused products are imported and the expiration date of the ’070 patent. The Complainant is also requested to supply the names of all known importers of the products at issue in this investigation. Written submissions must be filed no later than close of business on January 4, 2017. Reply submissions must be filed no later than the close of business on January 11, 2017. Such submissions should address the ALJ’s recommended determinations on remedy and bonding which were made in Order No. 11. No further submissions on any of 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 deadlines stated above and submit eight (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 investigation number (‘‘Inv. No. 337–TA–988’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 92853 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 information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,1 solely for cybersecurity purposes. 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: December 14, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–30580 Filed 12–19–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–318 and 731– TA–538 and 561 (Fourth Review)] Sulfanilic Acid From China and India; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing duty order on sulfanilic acid from India and antidumping orders on sulfanilic acid from China and India would be likely to lead to continuation or recurrence of SUMMARY: 1 All contract personnel will sign appropriate nondisclosure agreements. E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92852-92853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30580]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-988]


Certain Pumping Bras Commission Determination To Review In-Part 
an Initial Determination Granting Complainant's Motion for Summary 
Determination of Section 337 Violation by Defaulted Respondents

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in-part an initial determination 
(``ID'') (Order No. 11) of the presiding administrative law judge 
(``ALJ'') granting Complainant's motion for summary determination of 
section 337 violation by Respondents found in default. On review, the 
Commission has determined to modify the ID to set aside the expenses 
relating to Complainant's patent and trademark prosecution and 
maintenance in the ID's domestic industry analysis. The Commission has 
determined not to review the remainder of the ID. The Commission's 
determination results in a determination of a violation of section 337. 
Accordingly, the Commission requests written submissions, under the 
schedule set forth below, on remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-4716. 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 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-988 on March 14, 2016, based on a complaint filed by Complainant 
Simple Wishes, LLC (``Simple Wishes'') of Sacramento, California. See 
81 FR 13419-20 (Mar. 14, 2016). The complaint alleges violations of 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), 
based upon the importation into the United States, the sale for 
importation, and/or the sale within the United States after importation 
of certain pumping bras by reason of infringement of certain claims of 
U.S. Patent No. 8,323,070 (``the '070 patent'') and U.S. Patent No. 
8,192,247 (``the '247 patent''). Id. The notice of investigation 
identified TANZKY of Luohugu, China; BabyPreg of Shenzhen Guangdong, 
China; Deal Perfect of Shenzhen Guangdong, China; and Buywish of 
Nanjing Jiangsu, China, as respondents in this investigation. Id. The 
Office of Unfair Import Investigations is also a party to this 
investigation. Id. Respondent Buywish was subsequently terminated from 
the investigation. See Certain Pumping Bras, USITC Inv. No. 337-TA-988, 
Comm'n Notice (Aug. 9, 2016). As a result, the '247 patent which was 
asserted against Respondent Buywish only, is no longer at issue in this 
investigation. See ID at 4 n.1.
    On May 12, 2016, Complainant Simple Wishes filed a motion for an 
order to show cause and for entry of default against Respondents 
TANZKY, BabyPreg, and Deal Perfect (collectively, ``the Defaulting 
Respondents'') for failure to respond to the complaint and notice of 
investigation. On May 19, 2016, the Commission Investigative Attorney 
(``IA'') filed a response in support of Complainant's motion. On June 
22, 2016, the ALJ issued an initial determination granting 
Complainant's motion and finding TANZKY, BabyPreg, and Deal Perfect in 
default (Order No. 8). On July 8, 2016, the Commission determined not 
to review Order No. 8. See Certain Pumping Bras, USITC Inv. No. 337-TA-
988, Comm'n Notice (July 8, 2016).
    On August 30, 2016, Complainant Simple Wishes filed a motion for 
summary determination on domestic industry and violation of section 337 
by the Defaulting Respondents. In addition, Complainant Simple Wishes 
requested a recommended determination for the Commission to issue a 
general exclusion order and to set a bond at 100 percent. On September 
9, 2016, the IA filed a response in support of Complainant's motion and 
requested remedy.
    On October 31, 2016, the ALJ issued the subject ID (Order No. 11) 
granting Complainant's motion for summary determination on domestic 
industry and violation of section 337 by the Defaulting Respondents and 
recommending that the Commission issue a general exclusion order and 
set a bond at 100 percent. See Certain Pumping Bras, USITC Inv. No. 
337-TA-988, Order No. 11 (Oct. 31, 2016).
    On November 7, 2016, the IA filed a petition for a limited review 
of the ID with respect to the ID's consideration of Complainant's 
expenses relating to patent and trademark prosecution and maintenance 
in its domestic industry analysis under 19 U.S.C. 1337(a)(3)(C). 
Complainant did not file a response to the IA's petition.
    The Commission has determined to review the ID and on review, to 
modify the ID in-part to set aside the expenses relating to 
Complainant's patent and

[[Page 92853]]

trademark prosecution and maintenance in the domestic industry 
analysis. As recognized in Certain Video Game Systems and Controllers, 
patent prosecution activities rarely qualify as investments under 
section 337(a)(3)(C). See Certain Video Game Systems and Controllers, 
Inv. No. 337-TA-743, Comm'n Op., 2011 WL 1523774, *5 (Apr. 14, 2011). 
Rather, such activities are typically a step towards patent ownership 
and are insufficient to constitute exploitation of the patent under 
section 337(a)(3)(C). See id.; 19 U.S.C. 1337(a)(3)(C). Complainant 
made no showing that its patent and trademark prosecution and 
maintenance expenses are related to engineering, research and 
development, or licensing, or that such expenses otherwise qualify 
under 19 U.S.C. 1337(a)(3)(C).
    The Commission has determined not to review the remainder of the 
ID.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) 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 (Dec. 1994) 
(Comm'n Op.).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist 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 submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the Commission investigative attorney are 
also requested to submit proposed remedial orders for the Commission's 
consideration. Complainant is also requested to state the HTSUS numbers 
under which the accused products are imported and the expiration date 
of the '070 patent. The Complainant is also requested to supply the 
names of all known importers of the products at issue in this 
investigation.
    Written submissions must be filed no later than close of business 
on January 4, 2017. Reply submissions must be filed no later than the 
close of business on January 11, 2017. Such submissions should address 
the ALJ's recommended determinations on remedy and bonding which were 
made in Order No. 11. No further submissions on any of 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 deadlines stated above and submit eight 
(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 
investigation number (``Inv. No. 337-TA-988'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://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. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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: December 14, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-30580 Filed 12-19-16; 8:45 am]
 BILLING CODE 7020-02-P