Certain Woven Textile Fabrics and Products Containing Same; Issuance of a General Exclusion Order; Termination of the Investigation, 15067-15068 [2017-05845]

Download as PDF 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: VerDate Sep<11>2014 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: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 VerDate Sep<11>2014 13:56 Mar 23, 2017 Jkt 241001 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 PO 00000 Frm 00049 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]


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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.

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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