Certain Arrowheads With Arcuate Blades and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of a Violation of Section 337; Request for Submissions, 61587-61588 [2017-27956]
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Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: December 21, 2017.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2017–27979 Filed 12–27–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–566 and 731–
TA–1342 (Final)]
Softwood Lumber Products From
Canada; Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of imports
of softwood lumber products from
Canada, provided for in subheadings
4407.10.01, 4409.10.05, 4409.10.10,
4409.10.20, 4409.10.90, 4418.90.10 of
the Harmonized Tariff Schedule of the
United States, that have been found by
the Department of Commerce
(‘‘Commerce’’) to be subsidized by the
government of Canada and sold in the
United States at less than fair value
(‘‘LTFV’’).2
Background
The Commission, pursuant to sections
705(b) and 735(b) of the Act (19 U.S.C.
1671d(b) and 19 U.S.C. 1673d(b)),
instituted these investigations effective
November 25, 2016, following receipt of
a petition filed with the Commission
and Commerce by the Committee
Overseeing Action for Lumber
International Trade Investigations or
Negotiations (‘‘COALITION’’).3 The
final phase of the investigations was
scheduled by the Commission following
notification of preliminary
determinations by Commerce that
imports of certain softwood lumber from
sradovich on DSK3GMQ082PROD with NOTICES
1 The
record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 The Commission made a negative finding
concerning critical circumstances with regard to
LTFV imports of this product.
3 The COALITION is an ad hoc association whose
members are: U.S. Lumber Coalition, Inc., Collum’s
Lumber Products, L.L.C., Hankins, Inc., Potlach
Corp., Rex Lumber Company, Seneca Sawmill
Company, Sierra Pacific Industries, Stimson
Lumber Company, Swanson Group, Weyerhaeuser
Company, Carpenters Industrial Council, Giustina
Land and Timber Company, Sullivan Forestry
Consultants, Inc. COALITION is ‘‘an association, a
majority of whose members is composed of
interested parties’’ described in Section 771(9)(C) of
the Act, 19 U.S.C. 1677(9)(C).
VerDate Sep<11>2014
18:14 Dec 27, 2017
Jkt 244001
Canada were subsidized within the
meaning of section 703(b) of the Act (19
U.S.C. 1671b(b)) and sold at LTFV
within the meaning of 733(b) of the Act
(19 U.S.C. 1673b(b)). Notice of the
scheduling of the final phase of the
Commission’s investigations and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register on July 13, 2017 (82 FR 32376).
The hearing was held in Washington,
DC, on September 12, 2017, and all
persons who requested the opportunity
were permitted to appear in person or
by counsel.
The Commission made these
determinations pursuant to sections
705(b) and 735(b) of the Act (19 U.S.C.
1671d(b) and 19 U.S.C. 1673d(b)). It
completed and filed its determinations
in these investigations on December 22,
2017. The views of the Commission are
contained in USITC Publication 4749
(December 2017), entitled Softwood
Lumber Products from Canada:
Investigation Nos. 701–TA–566 and
731–TA–1342 (Final)).
By order of the Commission.
Issued: December 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–28074 Filed 12–27–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1033]
Certain Arrowheads With Arcuate
Blades and Components Thereof;
Notice of Commission Decision Not To
Review an Initial Determination
Granting Complainant’s Motion for
Summary Determination of a Violation
of Section 337; Request for
Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 9) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion for
summary determination of a violation of
section 337. The Commission also
requests written submissions regarding
remedy, bonding, and the public
interest.
SUMMARY:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
61587
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2310. 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.
The
Commission instituted this investigation
on January 6, 2017, based on a
complaint filed on behalf of Flying
Arrow Archery, LLC of Belgrade,
Montana. 82 FR 1760–61. The
complaint, as supplemented, alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, by reason of infringement of
certain claims of U.S. Patent Nos.
8,920,269; D713,919; and D729,336. The
complaint further alleges that a
domestic industry exists. The
Commission’s notice of investigation
named the following respondents:
Arthur Sifuentes of Spring, Texas; Liu
Mengbao and Zhou Yang, both of
Guangdong, China; Jiangfeng Mao of
Jiangsu, China; Sandum Precision
Industry (China) Co., Ltd. (In-Sail) of
Guangdong Province, China
(collectively, ‘‘the remaining
respondents’’); Wei Ran, Dongguan
Hongsong, and Wanyuxue, all of
Guangdong, China; and Yandong of
Henan, China (collectively, ‘‘the
terminated respondents’’). The Office of
Unfair Import Investigations (‘‘OUII’’) is
also a party to the investigation.
On April 28, 2017, the Commission
issued notice of its determination not to
review the ALJ’s ID (Order No. 7)
terminating the investigation as to the
terminated respondents based on
withdrawal of the infringement
allegations in the complaint. In the same
notice, the Commission issued notice of
its determination not to review the ALJ’s
ID (Order No. 6) finding the remaining
respondents in default (‘‘the defaulting
respondents’’).
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28DEN1.SGM
28DEN1
sradovich on DSK3GMQ082PROD with NOTICES
61588
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
Because a general exclusion order is
sought, complainant is required to
establish that a violation of section 337
has occurred by substantial, reliable,
and probative evidence pursuant to
Commission Rule 210.16(c)(2). On
August 15, 2017, complainant filed a
motion for summary determination of a
violation of section 337 pursuant to
Commission Rule 210.16(c)(2) to
support its request for entry of a general
exclusion order with respect to all
asserted patents. OUII filed a response
in support of the motion.
The ALJ issued the subject ID on
November 8, 2017, granting
complainant’s motion for summary
determination. The ALJ found that all
defaulting respondents met the
importation requirement and that
complainants satisfied the domestic
industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a
violation of section 337 has occurred
based on its finding that each of the
defaulting respondents’ accused
products infringe one or more of the
asserted claims of the patents at issue as
established by substantial, reliable, and
probative evidence in accordance with
Commission Rule 210.16(c)(2). No
petitions for review were filed.
The ID also contains the ALJ’s
recommended determination on remedy
and bonding. The ALJ recommended a
general exclusion order with respect to
the asserted patents if the Commission
finds a violation of section 337.
Having examined the record of this
investigation, the Commission has
determined not to review the subject ID.
As noted above, five respondents
were found in default. Section 337(g)
and Commission Rule 210.16(c)
authorize the Commission to order relief
against respondents found in default
unless, after considering the public
interest, it finds that such relief should
not issue. Before the ALJ, complainant
sought a general exclusion order under
section 337(g)(2).
In connection with the final
disposition of this investigation, the
Commission may issue an order that
could result in the exclusion of the
subject articles from entry into the
United States. 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
VerDate Sep<11>2014
18:14 Dec 27, 2017
Jkt 244001
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994).
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. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding.
Complainants and OUII are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is also
requested to state the dates that the
patents expire, the HTSUS numbers
under which the accused products are
imported, and to supply the names of
known importers of the products at
issue in this investigation. The written
submissions and proposed remedial
orders must be filed no later than close
of business on January 4, 2018. Reply
submissions must be filed no later than
the close of business on January 11,
2018. No further submissions on 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 true paper
PO 00000
Frm 00056
Fmt 4703
Sfmt 9990
copies to the Office of the Secretary
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–1033’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/documents/handbook_on_
filing_procedures.pdf). Persons with
questions regarding filing should
contact the Secretary at (202) 205–2000.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment unless the information has
already been granted such treatment
during the proceedings. All such
requests should be directed to the
Secretary of the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the
Commission is sought will be treated
accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. 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 non-confidential 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 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017–27956 Filed 12–27–17; 8:45 am]
BILLING CODE 7020–02–P
1 All contract personnel will sign appropriate
nondisclosure agreements.
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61587-61588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27956]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1033]
Certain Arrowheads With Arcuate Blades and Components Thereof;
Notice of Commission Decision Not To Review an Initial Determination
Granting Complainant's Motion for Summary Determination of a Violation
of Section 337; Request for Submissions
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 9) of the presiding administrative law judge
(``ALJ'') granting complainant's motion for summary determination of a
violation of section 337. The Commission also requests written
submissions regarding remedy, bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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 this investigation
on January 6, 2017, based on a complaint filed on behalf of Flying
Arrow Archery, LLC of Belgrade, Montana. 82 FR 1760-61. The complaint,
as supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain
claims of U.S. Patent Nos. 8,920,269; D713,919; and D729,336. The
complaint further alleges that a domestic industry exists. The
Commission's notice of investigation named the following respondents:
Arthur Sifuentes of Spring, Texas; Liu Mengbao and Zhou Yang, both of
Guangdong, China; Jiangfeng Mao of Jiangsu, China; Sandum Precision
Industry (China) Co., Ltd. (In-Sail) of Guangdong Province, China
(collectively, ``the remaining respondents''); Wei Ran, Dongguan
Hongsong, and Wanyuxue, all of Guangdong, China; and Yandong of Henan,
China (collectively, ``the terminated respondents''). The Office of
Unfair Import Investigations (``OUII'') is also a party to the
investigation.
On April 28, 2017, the Commission issued notice of its
determination not to review the ALJ's ID (Order No. 7) terminating the
investigation as to the terminated respondents based on withdrawal of
the infringement allegations in the complaint. In the same notice, the
Commission issued notice of its determination not to review the ALJ's
ID (Order No. 6) finding the remaining respondents in default (``the
defaulting respondents'').
[[Page 61588]]
Because a general exclusion order is sought, complainant is
required to establish that a violation of section 337 has occurred by
substantial, reliable, and probative evidence pursuant to Commission
Rule 210.16(c)(2). On August 15, 2017, complainant filed a motion for
summary determination of a violation of section 337 pursuant to
Commission Rule 210.16(c)(2) to support its request for entry of a
general exclusion order with respect to all asserted patents. OUII
filed a response in support of the motion.
The ALJ issued the subject ID on November 8, 2017, granting
complainant's motion for summary determination. The ALJ found that all
defaulting respondents met the importation requirement and that
complainants satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has
occurred based on its finding that each of the defaulting respondents'
accused products infringe one or more of the asserted claims of the
patents at issue as established by substantial, reliable, and probative
evidence in accordance with Commission Rule 210.16(c)(2). No petitions
for review were filed.
The ID also contains the ALJ's recommended determination on remedy
and bonding. The ALJ recommended a general exclusion order with respect
to the asserted patents if the Commission finds a violation of section
337.
Having examined the record of this investigation, the Commission
has determined not to review the subject ID.
As noted above, five respondents were found in default. Section
337(g) and Commission Rule 210.16(c) authorize the Commission to order
relief against respondents found in default unless, after considering
the public interest, it finds that such relief should not issue. Before
the ALJ, complainant sought a general exclusion order under section
337(g)(2).
In connection with the final disposition of this investigation, the
Commission may issue an order that could result in the exclusion of the
subject articles from entry into the United States. 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, Comm'n Op. at 7-10
(December 1994).
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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
Complainants and OUII are also requested to submit proposed
remedial orders for the Commission's consideration. Complainant is also
requested to state the dates that the patents expire, the HTSUS numbers
under which the accused products are imported, and to supply the names
of known importers of the products at issue in this investigation. The
written submissions and proposed remedial orders must be filed no later
than close of business on January 4, 2018. Reply submissions must be
filed no later than the close of business on January 11, 2018. No
further submissions on 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
true paper copies to the Office of the Secretary 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-1033'') in a prominent place on the cover page and/or the
first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf).
Persons with questions regarding filing should contact the Secretary at
(202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment unless the information
has already been granted such treatment during the proceedings. All
such requests should be directed to the Secretary of the Commission and
must include a full statement of the reasons why the Commission should
grant such treatment. See 19 CFR 210.6. Documents for which
confidential treatment by the Commission is sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. 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 non-confidential 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 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-27956 Filed 12-27-17; 8:45 am]
BILLING CODE 7020-02-P