Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding; Temporary Rescission of the Remedial Orders; Termination of the Proceeding, 38178-38179 [2018-16611]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 38178 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or cease and desist orders within a commercially reasonable time; and (v) explain how the recommended exclusion order and/or cease and desist orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on September 6, 2018. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 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. 1063’’) 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 ((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, solely for cybersecurity purposes (all contract personnel will VerDate Sep<11>2014 18:26 Aug 02, 2018 Jkt 244001 sign appropriate nondisclosure agreements). All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of 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: July 31, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–16651 Filed 8–2–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–929 (Rescission Proceeding)] Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding; Temporary Rescission of the Remedial Orders; Termination of the Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding, to temporarily rescind a March 17, 2016 limited exclusion order and three cease-anddesist orders (‘‘the remedial orders’’), and to terminate the rescission proceeding. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. 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 (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 SUMMARY: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the original investigation on September 9, 2014, based on a complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, ‘‘ARM’’). 79 FR 53445–46. The complaint alleged that several respondents, including Eko Brands, LLC (‘‘Eko’’) Evermuch Technology Co., Ltd. and Ever Much Company Ltd. (together, ‘‘Evermuch’’), violated section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by infringing certain claims of U.S. Patent No. 8,720,320 (‘‘the ’320 patent’’). Id. Eko Brands and Evermuch did not respond to the complaint and notice of investigation, and were found in default. Notice (May 18, 2015). On March 17, 2016, the Commission issued a limited exclusion order prohibiting Eko and Evermuch from importing certain beverage brewing capsules, components thereof, and products containing same that infringed claims 8 or 19 of the ’320 patent, and also issued three cease-and-desist orders against Eko and the two Evermuch entities prohibiting the sale and distribution within the United States of articles that infringe claims 8 or 19. 81 FR 15742– 43. On April 2, 2015, Eko filed in district court for declaratory relief stating, inter alia, that Eko does not infringe certain claims of the ’320 patent and that certain claims of the ’320 patent are invalid. Eko Brands v. Adrian Rivera Maynez Enterprises Inc. et al., Case No. 2:15-cv-00522, Dkt. #1 (W.D. Wash.). On June 14, 2018, the district court issued an order finding that claims 5, 8, 18, and 19 of the ’320 patent are invalid as obvious. Id. at Dkt. #251. On June 28, 2018, Eko petitioned the Commission to rescind the March 17, 2016 remedial orders based on the district court’s invalidity judgment. On July 9, 2018, ARM filed a response that did not dispute Eko’s petition, but argued that any rescission be temporary pending the resolution of ARM’s appeal of the district court invalidity judgment. Having considered the petition and response, the Commission has determined to institute a rescission proceeding, and has determined that the circumstances warrant temporarily rescinding the remedial orders pending the appeal of the district court invalidity judgment. The rescission proceeding is hereby terminated. 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 E:\FR\FM\03AUN1.SGM 03AUN1 38179 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before October 2, 2018. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. DATES: By order of the Commission. Issued: July 30, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–16611 Filed 8–2–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration SUPPLEMENTARY INFORMATION: [Docket No. DEA–392] The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and Bulk Manufacturer of Controlled Substances Application: AMRI Rensselaer, Inc. ACTION: Notice of application. implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (‘‘Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on June 25, 2018, AMRI Rensselaer, Inc., 33 Riverside Avenue, Rensselaer, New York 12144 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances: Controlled substance Drug code Marihuana ........................................................................................................................................................................ Tetrahydrocannabinols .................................................................................................................................................... Amphetamine ................................................................................................................................................................... Lisdexamfetamine ............................................................................................................................................................ Pentobarbital .................................................................................................................................................................... 4-Anilino-N-phenethyl-4-piperidine (ANPP) ..................................................................................................................... Codeine ........................................................................................................................................................................... Oxycodone ....................................................................................................................................................................... Hydromorphone ............................................................................................................................................................... Hydrocodone ................................................................................................................................................................... Meperidine ....................................................................................................................................................................... Morphine .......................................................................................................................................................................... The company plans to manufacture bulk controlled substances for use in product development and for distribution to its customers. In reference to drug codes 7360 (marihuana) and 7370 (THC), the company plans to bulk manufacture these drugs as synthetics. No other activities for these drug codes are authorized for this registration. Dated: July 23, 2018. John J. Martin, Assistant Administrator. [FR Doc. 2018–16635 Filed 8–2–18; 8:45 am] BILLING CODE 4410–09–P amozie on DSK3GDR082PROD with NOTICES1 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act On July 30, 2018, the Department of Justice lodged a proposed consent decree with the United States District Court for the Central District of California in the lawsuit entitled United VerDate Sep<11>2014 18:26 Aug 02, 2018 Jkt 244001 States v. Honeywell International, Inc., Civil Action No. 2:18-cv-06556. The United States filed this lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the recovery of costs that the United States incurred responding to releases of hazardous substances at Installation Restoration Program (IRP) Site 50 at Vandenberg Air Force Base in Santa Barbara County, California. The consent decree requires the defendant Honeywell International, Inc. to pay $250,000 to the United States. In return, the United States agrees not to sue the defendant under sections 106 and 107 of CERCLA at IRP Site 50 at Vandenberg Air Force Base. The publication of this notice opens a period for public comment on the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Honeywell International, Inc., D.J. Ref. No. 90–11– 3–10477/5. All comments must be submitted no later than thirty (30) days after the publication date of this notice. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 7360 7370 1100 1205 2270 8333 9050 9143 9150 9193 9230 9300 Schedule I I II II II II II II II II II II Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the proposed consent decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $5.25 (25 cents per page E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38178-38179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16611]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929 (Rescission Proceeding)]


Certain Beverage Brewing Capsules, Components Thereof, and 
Products Containing the Same; Commission Determination To Institute a 
Rescission Proceeding; Temporary Rescission of the Remedial Orders; 
Termination of the Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a rescission proceeding, to 
temporarily rescind a March 17, 2016 limited exclusion order and three 
cease-and-desist orders (``the remedial orders''), and to terminate the 
rescission proceeding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 (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 the original 
investigation on September 9, 2014, based on a complaint filed by 
Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, 
``ARM''). 79 FR 53445-46. The complaint alleged that several 
respondents, including Eko Brands, LLC (``Eko'') Evermuch Technology 
Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''), violated 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
infringing certain claims of U.S. Patent No. 8,720,320 (``the '320 
patent''). Id. Eko Brands and Evermuch did not respond to the complaint 
and notice of investigation, and were found in default. Notice (May 18, 
2015). On March 17, 2016, the Commission issued a limited exclusion 
order prohibiting Eko and Evermuch from importing certain beverage 
brewing capsules, components thereof, and products containing same that 
infringed claims 8 or 19 of the '320 patent, and also issued three 
cease-and-desist orders against Eko and the two Evermuch entities 
prohibiting the sale and distribution within the United States of 
articles that infringe claims 8 or 19. 81 FR 15742-43.
    On April 2, 2015, Eko filed in district court for declaratory 
relief stating, inter alia, that Eko does not infringe certain claims 
of the '320 patent and that certain claims of the '320 patent are 
invalid. Eko Brands v. Adrian Rivera Maynez Enterprises Inc. et al., 
Case No. 2:15-cv-00522, Dkt. #1 (W.D. Wash.). On June 14, 2018, the 
district court issued an order finding that claims 5, 8, 18, and 19 of 
the '320 patent are invalid as obvious. Id. at Dkt. #251.
    On June 28, 2018, Eko petitioned the Commission to rescind the 
March 17, 2016 remedial orders based on the district court's invalidity 
judgment. On July 9, 2018, ARM filed a response that did not dispute 
Eko's petition, but argued that any rescission be temporary pending the 
resolution of ARM's appeal of the district court invalidity judgment.
    Having considered the petition and response, the Commission has 
determined to institute a rescission proceeding, and has determined 
that the circumstances warrant temporarily rescinding the remedial 
orders pending the appeal of the district court invalidity judgment. 
The rescission proceeding is hereby terminated.
    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

[[Page 38179]]

210 of the Commission's Rules of Practice and Procedure (19 CFR part 
210).

    By order of the Commission.

    Issued: July 30, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16611 Filed 8-2-18; 8:45 am]
 BILLING CODE 7020-02-P
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