Certain Woven Textile Fabrics and Products Containing Same; Issuance of a General Exclusion Order; Termination of the Investigation, 15067-15068 [2017-05845]
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Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices
near-you-oregon-washington-southeastoregon-rac prior to April 3, 2017.
Agenda items for the meeting include:
Discussion and impressions from the
field trip; an update and possible
recommendations from the Lands with
Wilderness Characteristics
subcommittee; an update from the TriState Fuels Break subcommittee; and an
update on the Sage Grouse Causal
Factors Analysis process. Any other
matters that may reasonably come
before the Southeast Oregon RAC may
also be addressed.
A public comment period will be
available from 11 a.m. to 11:30 a.m.
during the April 11, 2017, meeting.
Unless otherwise approved by the
Southeast Oregon RAC Chair, the public
comment period will last no longer than
30 minutes, and each speaker may
address the Southeast Oregon RAC for a
maximum of 5 minutes. Meeting times
and the duration of the public comment
periods may be extended or altered
when the authorized representative
considers it necessary to accommodate
necessary business and all who seek to
be heard regarding matters before the
Southeast Oregon RAC.
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, please be aware that your
entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 43 CFR 1784.4–2.
Donald Gonzalez,
Vale District Manager.
[FR Doc. 2017–05869 Filed 3–23–17; 8:45 am]
BILLING CODE 4310–33–P
INTERNATIONAL TRADE
COMMISSION
Petitions for Duty Suspensions and
Reductions: Notice That Comments
Received on Previously Filed Petitions
Are Available for Viewing on the
Commission’s Web Site
United States International
Trade Commission.
ACTION: Notice that the Commission has
published on its Web site comments
received from the public on previously
submitted petitions for duty
suspensions and reductions.
jstallworth on DSK7TPTVN1PROD with NOTICES
AGENCY:
As required by the American
Manufacturing Competitiveness Act of
SUMMARY:
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13:56 Mar 23, 2017
Jkt 241001
2016, the Commission is publishing
notice that comments received from the
public on previously submitted
petitions for duty suspensions and
reductions are now available for public
viewing on the Commission’s Web site.
All Commission offices are
located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. The public file for this proceeding
may be viewed on the Commission’s
MTBPS at https://www.usitc.gov/mtbps.
ADDRESSES:
For
general inquiries, contact Jennifer
Rohrbach at mtbinfo@usitc.gov. For
filing inquiries, contact the Office of
Secretary, Docket Services division, U.S.
International Trade Commission,
telephone (202) 205–3238. The media
should contact Peg O’Laughlin, Public
Affairs Officer (202–205–1819 or
margaret.olaughlin@usitc.gov). General
information concerning the Commission
may be obtained by accessing its
internet server (https://www.usitc.gov).
Background: The American
Manufacturing Competitiveness Act of
2016 (the Act), Public Law 114–159,
May 20, 2016, 19 U.S.C. 1332 note,
established a new process for the
submission and consideration of
requests for temporary duty suspensions
and reductions. Section 3(b)(1) of the
Act requires that the Commission
initiate the process by publishing a
notice requesting members of the public
who can demonstrate that they are
likely beneficiaries of duty suspensions
or reductions to submit petitions and
Commission disclosure forms to the
Commission. The Commission
published this notice in the Federal
Register on October 14, 2016 (81 FR
71114). The notice required that
petitions be submitted no later than the
close of business on December 12, 2016.
Section 3(b)(3)(A) of the Act requires
that the Commission, no later than 30
days after the expiration of the period
for filing petitions, publish on its Web
site the petitions received that contain
the information required by the Act;
section 3(b)(3)(B) of the Act requires
that the Commission, at the same time,
publish a notice in the Federal Register
requesting members of the public to
submit comments to the Commission on
the petitions published on the
Commission’s Web site. The
Commission published the petitions
received on its Web site effective
January 11, 2017, and published a
notice in the Federal Register on
January 11, 2017 (82 FR 3357)
requesting members of the public to
submit comments on those petitions no
FOR FURTHER INFORMATION CONTACT:
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15067
later than the close of business on
February 24, 2017.
Section 3(b)(3)(B)(ii) of the Act
requires that the Commission publish
notice in the Federal Register directing
members of the public to a publicly
available Commission Web site to view
the comments received. This notice
complies with that requirement.
Members of the public may view those
comments on the Commission’s Web
site at https://mtbps.usitc.gov.
The Commission is now in the
process of preparing the reports it is
required to submit, under sections
3(b)(3)(C) and (E) of the Act, to the
House Committee on Ways and Means
and the Senate Committee on Finance
(Committees) on the petitions for duty
suspensions and reductions submitted.
The Commission will submit its
preliminary report to the Committees in
June 2017 and its final report in August
2017. In preparing its reports the
Commission will consider the petitions
and comments submitted, the report
that the U.S. Department of Commerce
(Commerce) submits under section 3(c)
of the Act (in consultation with U.S.
Customs and Border Protection (CBP)
and other relevant Federal agencies),
and any other information it considers
appropriate.
By order of the Commission.
Issued: March 21, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–05875 Filed 3–23–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–976]
Certain Woven Textile Fabrics and
Products Containing Same; Issuance
of a General Exclusion Order;
Termination of the Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued a general
exclusion order barring entry of certain
woven textile fabrics and products
containing same. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2532. Copies of non-confidential
documents filed in connection with this
SUMMARY:
E:\FR\FM\24MRN1.SGM
24MRN1
jstallworth on DSK7TPTVN1PROD with NOTICES
15068
Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices
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 this investigation
on December 18, 2015, based on a
supplemented and twice-amended
complaint filed by AAVN, Inc. of
Richardson, Texas (‘‘AAVN’’). 80 FR
79094 (Dec. 18, 2015). 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,
or the sale within the United States after
importation of certain woven textile
fabrics and products containing same,
by reason of infringement of claims 1–
7 of U.S. Patent No. 9,131,790 (‘‘the ’790
patent’’) and/or by reason of false
advertising. The notice of investigation
named fifteen respondents: AQ Textiles,
LLC of Greensboro, North Carolina;
Creative Textile Mills Pvt. Ltd. of
Mumbai, India and Indo Count
Industries Ltd., both of Mumbai, India;
Indo Count Global, Inc. of New York,
New York; GHCL Limited of Uttar
Pradesh, India; Grace Home Fashions
LLC of New York, New York; E & E
Company, Ltd. of Maharashtra, India;
E&E Company, Ltd. d/b/a JLA Home of
Fremont, California; Welspun Global
Brands Ltd. of Gujarat, India; Welspun
USA Inc. of New York, New York; Elite
Home Products, Inc. of Saddle Brook,
New Jersey; Pacific Coast Textiles, Inc.
and Amrapur Overseas, Inc., both of
Garden Grove, California; Westport
Linens, Inc. of New York, New York;
and Pradip Overseas Ltd. of
Ahmedabad, India (‘‘Pradip’’). In the
course of the investigation, fourteen of
the respondents were terminated from
the investigation based upon settlement
agreement or consent order. See Order
No. 21 at 2–3 (Nov. 10, 2016)
(summarizing the procedural history of
the investigation). The last remaining
respondent was Pradip.
AAVN accused Pradip of false
advertising, specifically alleging that
Pradip misrepresented the thread count
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13:56 Mar 23, 2017
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of sheets manufactured in India,
imported into the United Sates, and sold
in United States department stores.
Second Am. Compl. ¶¶ 39–41, 80 (Nov.
12, 2015); id. at Ex. 46 (‘‘800 Thread
Count’’ sheets measured at 252.7
threads). Although Pradip responded to
the complaint, Pradip later terminated
its relationship with its attorneys and
represented that it would not participate
in the remainder of the investigation.
See Order No. 14 at 1 (Apr. 19, 2016);
see also 19 CFR 210.17 (failures to act).
On September 2, 2016, AAVN moved
for leave to file a motion for summary
determination of violation. The
summary determination motion that
was appended argued, inter alia, that
Pradip had violated section 337 by
falsely advertising the thread count of
its imported sheets, that the false
advertising was deceptive, material, and
injurious to AAVN. AAVN sought a
general exclusion order and 100 percent
bond during the Presidential review
period. See 19 U.S.C. 1337(d)(2), (j)(3).
On September 15, 2016, the
Commission investigative attorney
(‘‘IA’’) responded in support of the
motion for leave and the accompanying
summary determination motion
including its proposed relief. Pradip did
not respond. See 19 CFR 210.17(c).
On November 10, 2016, the ALJ
granted the motion for summary
determination as an initial
determination (Order No. 21). The ID
found that AAVN had shown a violation
of section 337 by reason of false
advertising under section 43 of the
Lanham Act, 15 U.S.C. 1125(a)(1)(B).
Order No. 21 at 7–9, 13–15. As to
remedy, citing 19 U.S.C. 1337(d)(2),
which sets forth the test for issuance of
a general exclusion order, id. at 16, the
ALJ found that ‘‘the evidence shows a
widespread pattern of violation of
Section 337,’’ id. at 17. The ALJ also
found that ‘‘the evidence shows that it
is difficult to identify the source and
manufacturers of the falsely advertised
products,’’ because ‘‘U.S. retailers fail to
identify the manufacturer, importer or
seller of the textile products at the point
of sale.’’ Id. at 18. Nor do import records
‘‘reveal the names of the original
manufacturers of the materials used to
construct the imported products.’’ Id.
Accordingly, the ALJ found ‘‘that the
evidence shows that it is difficult, if not
impossible, to identify the sources of the
falsely advertised goods.’’ Id. Based on
these findings the ALJ recommended
the issuance of a general exclusion
order. Id. In the alternative, the ALJ
recommended the issuance of a limited
exclusion order. Id. at 19. The ALJ
recommended that bond be set at 100
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Fmt 4703
Sfmt 9990
percent of the entered value of the
falsely advertised products. Id.
On December 20, 2016, the
Commission determined not to review
Order No. 21, resulting in a finding of
a violation of section 337. 81 FR 95195
(Dec. 27, 2016). The Commission
requested written submissions on
remedy, the public interest, and
bonding. Id. at 95196. On January 6,
2017, AAVN and the IA filed
submissions on these issues. On January
13, 2017, the IA filed a reply to AAVN’s
submission. No other submissions were
received.
The Commission finds that the
statutory requirements for relief under
19 U.S.C. 1337(d)(2) are met. In
addition, the Commission finds that the
public interest factors enumerated in 19
U.S.C. 1337(d)(1) do not preclude
issuance of the statutory relief.
The Commission has determined that
the appropriate remedy in this
investigation is a general exclusion
order prohibiting the entry of certain
woven textile fabrics and products
containing same that are falsely
advertised through a misrepresentation
of thread count. The Commission has
also determined that the bond during
the period of Presidential review
pursuant to 19 U.S.C. 1337(j) shall be in
the amount of 100 percent of the entered
value of the imported articles that are
subject to the general exclusion order.
The Commission’s order was delivered
to the President and to the United States
Trade Representative on the day of its
issuance.
The authority for the Commission’s
determinations 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: March 20, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–05845 Filed 3–23–17; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\24MRN1.SGM
24MRN1
Agencies
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Pages 15067-15068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05845]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-976]
Certain Woven Textile Fabrics and Products Containing Same;
Issuance of a General Exclusion Order; Termination of the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a general exclusion order barring entry of
certain woven textile fabrics and products containing same. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this
[[Page 15068]]
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 this investigation
on December 18, 2015, based on a supplemented and twice-amended
complaint filed by AAVN, Inc. of Richardson, Texas (``AAVN''). 80 FR
79094 (Dec. 18, 2015). 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, or the
sale within the United States after importation of certain woven
textile fabrics and products containing same, by reason of infringement
of claims 1-7 of U.S. Patent No. 9,131,790 (``the '790 patent'') and/or
by reason of false advertising. The notice of investigation named
fifteen respondents: AQ Textiles, LLC of Greensboro, North Carolina;
Creative Textile Mills Pvt. Ltd. of Mumbai, India and Indo Count
Industries Ltd., both of Mumbai, India; Indo Count Global, Inc. of New
York, New York; GHCL Limited of Uttar Pradesh, India; Grace Home
Fashions LLC of New York, New York; E & E Company, Ltd. of Maharashtra,
India; E&E Company, Ltd. d/b/a JLA Home of Fremont, California; Welspun
Global Brands Ltd. of Gujarat, India; Welspun USA Inc. of New York, New
York; Elite Home Products, Inc. of Saddle Brook, New Jersey; Pacific
Coast Textiles, Inc. and Amrapur Overseas, Inc., both of Garden Grove,
California; Westport Linens, Inc. of New York, New York; and Pradip
Overseas Ltd. of Ahmedabad, India (``Pradip''). In the course of the
investigation, fourteen of the respondents were terminated from the
investigation based upon settlement agreement or consent order. See
Order No. 21 at 2-3 (Nov. 10, 2016) (summarizing the procedural history
of the investigation). The last remaining respondent was Pradip.
AAVN accused Pradip of false advertising, specifically alleging
that Pradip misrepresented the thread count of sheets manufactured in
India, imported into the United Sates, and sold in United States
department stores. Second Am. Compl. ]] 39-41, 80 (Nov. 12, 2015); id.
at Ex. 46 (``800 Thread Count'' sheets measured at 252.7 threads).
Although Pradip responded to the complaint, Pradip later terminated its
relationship with its attorneys and represented that it would not
participate in the remainder of the investigation. See Order No. 14 at
1 (Apr. 19, 2016); see also 19 CFR 210.17 (failures to act).
On September 2, 2016, AAVN moved for leave to file a motion for
summary determination of violation. The summary determination motion
that was appended argued, inter alia, that Pradip had violated section
337 by falsely advertising the thread count of its imported sheets,
that the false advertising was deceptive, material, and injurious to
AAVN. AAVN sought a general exclusion order and 100 percent bond during
the Presidential review period. See 19 U.S.C. 1337(d)(2), (j)(3). On
September 15, 2016, the Commission investigative attorney (``IA'')
responded in support of the motion for leave and the accompanying
summary determination motion including its proposed relief. Pradip did
not respond. See 19 CFR 210.17(c).
On November 10, 2016, the ALJ granted the motion for summary
determination as an initial determination (Order No. 21). The ID found
that AAVN had shown a violation of section 337 by reason of false
advertising under section 43 of the Lanham Act, 15 U.S.C.
1125(a)(1)(B). Order No. 21 at 7-9, 13-15. As to remedy, citing 19
U.S.C. 1337(d)(2), which sets forth the test for issuance of a general
exclusion order, id. at 16, the ALJ found that ``the evidence shows a
widespread pattern of violation of Section 337,'' id. at 17. The ALJ
also found that ``the evidence shows that it is difficult to identify
the source and manufacturers of the falsely advertised products,''
because ``U.S. retailers fail to identify the manufacturer, importer or
seller of the textile products at the point of sale.'' Id. at 18. Nor
do import records ``reveal the names of the original manufacturers of
the materials used to construct the imported products.'' Id.
Accordingly, the ALJ found ``that the evidence shows that it is
difficult, if not impossible, to identify the sources of the falsely
advertised goods.'' Id. Based on these findings the ALJ recommended the
issuance of a general exclusion order. Id. In the alternative, the ALJ
recommended the issuance of a limited exclusion order. Id. at 19. The
ALJ recommended that bond be set at 100 percent of the entered value of
the falsely advertised products. Id.
On December 20, 2016, the Commission determined not to review Order
No. 21, resulting in a finding of a violation of section 337. 81 FR
95195 (Dec. 27, 2016). The Commission requested written submissions on
remedy, the public interest, and bonding. Id. at 95196. On January 6,
2017, AAVN and the IA filed submissions on these issues. On January 13,
2017, the IA filed a reply to AAVN's submission. No other submissions
were received.
The Commission finds that the statutory requirements for relief
under 19 U.S.C. 1337(d)(2) are met. In addition, the Commission finds
that the public interest factors enumerated in 19 U.S.C. 1337(d)(1) do
not preclude issuance of the statutory relief.
The Commission has determined that the appropriate remedy in this
investigation is a general exclusion order prohibiting the entry of
certain woven textile fabrics and products containing same that are
falsely advertised through a misrepresentation of thread count. The
Commission has also determined that the bond during the period of
Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the
amount of 100 percent of the entered value of the imported articles
that are subject to the general exclusion order. The Commission's order
was delivered to the President and to the United States Trade
Representative on the day of its issuance.
The authority for the Commission's determinations 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: March 20, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-05845 Filed 3-23-17; 8:45 am]
BILLING CODE 7020-02-P