Heavy Forged Hand Tools From China, 92852 [2016-30636]
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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.
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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)).
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19:36 Dec 19, 2016
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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
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Agencies
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Page 92852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30636]
[[Page 92852]]
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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.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
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