Certain Jump Rope Systems; Commission Determination Not To Review an Initial Determination Finding Sole Respondent in Default; Request for Written Submissions on Remedy, Bonding, and the Public Interest, 39460-39461 [2018-17070]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 39460 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices Department of the Interior, state geological surveys, and academic institutions. To submit a proposal, respondents must complete a project narrative and submit the application via www.grants.gov. Grant recipients must complete a final technical report at the end of the project period. Narrative and report guidance is available at https:// datapreservation.usgs.gov and www.grants.gov. Annual data preservation priorities are provided in the Program Announcement as guidance for applicants to consider when submitting proposals. Since its inception in 2007, NGGDPP has awarded 46 states with $7,043,000, which, when matched or exceeded by the states, amounts to over $14 million invested in the rescue and preservation efforts. This notice concerns the collection of information that is sufficient and relevant to evaluate and select proposals for funding. We will protect information from respondents considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and implementing regulations (43 CFR part 2), and under regulations at 30 CFR 250.197, ‘‘Data and information to be made available to the public or for limited inspection.’’ Responses are voluntary. No questions of a ‘‘sensitive’’ nature are asked. We intend to release the project abstracts and identify states for awarded/funded projects only. Title of Collection: National Geological and Geophysical Data Preservation Program (NGGDPP). OMB Control Number: 1028–0087. Form Number: NA. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: All state geological surveys may apply for NGGDPP grants. Total Estimated Number of Annual Respondents: 35. Total Estimated Number of Annual Responses: 70 (35 applications, 35 final technical report submissions). Estimated Completion Time per Response: Grant application time estimate is 80 hours; final technical report completion time estimate is 10 hours. Total Estimated Number of Annual Burden Hours: 3,150. Respondent’s Obligation: Required to Obtain a Benefit. Frequency of Collection: Annually. Total Estimated Annual Non-hour Burden Cost: None. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. VerDate Sep<11>2014 18:11 Aug 08, 2018 Jkt 244001 The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). Dated: August 6, 2018. Lindsay Powers, NGGDPP Coordinator. [FR Doc. 2018–17073 Filed 8–8–18; 8:45 am] BILLING CODE 4338–11–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1108] Certain Jump Rope Systems; Commission Determination Not To Review an Initial Determination Finding Sole Respondent in Default; Request for Written Submissions on Remedy, Bonding, and the Public Interest 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 (Order No. 6), finding the sole respondent, Suzhou Everise Fitness Co., Ltd. of Jiangsu, China, in default. The Commission requests written submissions, under the schedule set forth below, on remedy, bonding, and the public interest. FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–3438. 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 this investigation on April 18, 2018, based on a complaint filed by Jump Rope Systems, LLC of Louisville, Colorado (‘‘Complainant’’). 83 FR 17190 (Apr. 18, 2018). The SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 complaint, as supplemented, 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 the sale within the United States after importation of certain jump rope systems by reason of infringement of certain claims of U.S. Patent Nos. 7,789,809 and 8,136,208. The notice of investigation named one respondent: Suzhou Everise Fitness Co., Ltd. of Jiangsu, China (‘‘Respondent’’). The Office of Unfair Import Investigations (‘‘OUII’’) also was named as a party to the investigation. The complaint and notice of investigation were served on Respondent on April 13, 2018. However, Respondent did not respond to the complaint or notice of investigation. On May 31, 2018, Complainant filed an amended motion for an order to show cause directing Respondent to demonstrate why it should not be found in default for failing to respond to the complaint and notice of investigation, or otherwise participate in the investigation. On June 6, 2018, OUII filed a response, supporting the motion. No other responses were filed. On June 12, 2018, the presiding administrative law judge (‘‘ALJ’’) issued Order No. 5, ordering Respondent to show why it should not be found in default. No response was filed. On July 10, 2018, the ALJ issued the subject ID (Order No. 6), finding Respondent in default under Commission Rule 210.16 (19 CFR 210.16) and terminating the proceedings before the ALJ in their entirety. No petitions for review were filed. The Commission has determined not to review the subject ID. Section 337(g)(1) (35 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) (19 CFR 210.16(c)) authorize the Commission to order relief against a respondent found in default, unless, after considering the public interest, it finds that such relief should not issue. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue a cease and desist order that could result in Respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. 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 E:\FR\FM\09AUN1.SGM 09AUN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 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 (Dec. 1994), Comm’n Op. at 7–10. 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 order 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, including OUII, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Complainant and OUII are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to state the date that the asserted patents expire and the HTSUS numbers under which the accused products are imported, and provide identification information for all known importers of the subject articles. The written submissions and proposed remedial orders must be filed no later than close of business on August 20, 2018. Reply submissions must be filed no later than the close of business on August 27, 2018. No further submissions on these issues will be VerDate Sep<11>2014 18:11 Aug 08, 2018 Jkt 244001 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 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. 337–TA–1108’’) in a prominent place on the cover page and/or the first page. See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.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. 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,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. 1 All contract personnel will sign appropriate nondisclosure agreements. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 39461 Issued: August 6, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–17070 Filed 8–8–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1378–1379 (Final)] Low Melt Polyester Staple Fiber From Korea and Taiwan 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 low melt polyester staple fiber (PSF) from Korea and Taiwan that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’).2 3 Background The Commission instituted these investigations effective June 27, 2017, following receipt of a petition filed with the Commission and Commerce by Nan Ya Plastics Corporation, America, Livingston, New Jersey. The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of low melt PSF from Korea and Taiwan were being sold at LTFV within the meaning of section 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 of February 26, 2018 (83 FR 8295). A revised schedule was 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 Low Melt Polyester Staple Fiber From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 83 FR 29094 (June 22, 2018); Low Melt Polyester Staple Fiber From Taiwan: Final Determination of Sales at Less Than Fair Value, 83 FR 29099 (June 22, 2018). 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the antidumping duty order on Korea. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39460-39461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17070]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1108]


Certain Jump Rope Systems; Commission Determination Not To Review 
an Initial Determination Finding Sole Respondent in Default; Request 
for Written Submissions on Remedy, Bonding, and the Public Interest

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 (Order 
No. 6), finding the sole respondent, Suzhou Everise Fitness Co., Ltd. 
of Jiangsu, China, in default. The Commission requests written 
submissions, under the schedule set forth below, on remedy, bonding, 
and the public interest.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. 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 this investigation 
on April 18, 2018, based on a complaint filed by Jump Rope Systems, LLC 
of Louisville, Colorado (``Complainant''). 83 FR 17190 (Apr. 18, 2018). 
The complaint, as supplemented, 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 the 
sale within the United States after importation of certain jump rope 
systems by reason of infringement of certain claims of U.S. Patent Nos. 
7,789,809 and 8,136,208. The notice of investigation named one 
respondent: Suzhou Everise Fitness Co., Ltd. of Jiangsu, China 
(``Respondent''). The Office of Unfair Import Investigations (``OUII'') 
also was named as a party to the investigation.
    The complaint and notice of investigation were served on Respondent 
on April 13, 2018. However, Respondent did not respond to the complaint 
or notice of investigation.
    On May 31, 2018, Complainant filed an amended motion for an order 
to show cause directing Respondent to demonstrate why it should not be 
found in default for failing to respond to the complaint and notice of 
investigation, or otherwise participate in the investigation. On June 
6, 2018, OUII filed a response, supporting the motion. No other 
responses were filed.
    On June 12, 2018, the presiding administrative law judge (``ALJ'') 
issued Order No. 5, ordering Respondent to show why it should not be 
found in default. No response was filed.
    On July 10, 2018, the ALJ issued the subject ID (Order No. 6), 
finding Respondent in default under Commission Rule 210.16 (19 CFR 
210.16) and terminating the proceedings before the ALJ in their 
entirety. No petitions for review were filed.
    The Commission has determined not to review the subject ID. Section 
337(g)(1) (35 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) (19 CFR 
210.16(c)) authorize the Commission to order relief against a 
respondent found in default, unless, after considering the public 
interest, it finds that such relief should not issue.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in Respondent being 
required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. 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

[[Page 39461]]

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 (Dec. 1994), 
Comm'n Op. at 7-10.
    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 order 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, including OUII, 
interested government agencies, and any other interested parties are 
encouraged to file written submissions on the issues of remedy, the 
public interest, and bonding. Complainant and OUII are also requested 
to submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to state the date that the asserted 
patents expire and the HTSUS numbers under which the accused products 
are imported, and provide identification information for all known 
importers of the subject articles. The written submissions and proposed 
remedial orders must be filed no later than close of business on August 
20, 2018. Reply submissions must be filed no later than the close of 
business on August 27, 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 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. 337-TA-1108'') in a prominent place on 
the cover page and/or the first page. See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. 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,\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: August 6, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-17070 Filed 8-8-18; 8:45 am]
BILLING CODE 7020-02-P
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