Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 45677-45678 [2018-19500]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 18); Notice (May 31, 2017) (see Order No. 28). The remaining claims of the ’336 patent were found to be not infringed. 83 FR 13517, 13519 (March 29, 2018). The Commission’s Notice of Investigation named Techtronic Industries Co., Techtronic Industries North America, Inc., One World Technologies, Inc., and OWT Industries, Inc., and ET Technology (Wuxi) Co. (collectively ‘‘Respondents’’ or ‘‘Techtronic’’) among the Respondents. Ryobi Technologies, Inc. was initially named as a Respondent, but was later terminated from this investigation on an unopposed motion. Notice (Nov. 7, 2016) (see Order No. 6). The Office of Unfair Import Investigations is not a party to the investigation. On July 12–13, 2017, the ALJ held an evidentiary hearing on infringement, invalidity, domestic industry, and remedy with respect to the remaining ’319 patent. On October 23, 2017, the ALJ issued his final initial determination (‘‘ID’’), in which he found the ’319 patent claims were not obvious and were infringed by Respondents’ accused GDOs. 83 FR at 13518 (discussing ID at 130–41, 144, 151–212). The Commission determined not to review the ALJ’s infringement determination but limited its review to obviousness. 82 FR 61792 (Dec. 29, 2017). The Commission ultimately affirmed the ALJ’s findings that the ’319 patent claims were not obvious and Respondents were violating Section 337 by way of infringement, and entered limited exclusion order (‘‘LEO’’) and cease-and-desist orders (‘‘CDOs’’) with certification provisions. 83 FR at 13517, 13519; Commission Opinion at 1–2, 13– 31, 35–36 (Mar. 23, 2018). The President did not disapprove of the Commission’s remedial orders. The Commission’s final determination is presently on appeal to the Federal Circuit. On August 2, 2018, Respondents filed a petition with the Commission to institute a modification proceeding to determine whether their allegedly redesigned garage door opener products infringe the ’319 patent that is the subject of the remedial orders issued in this investigation and for modification of those remedial orders to specify the status of those redesigned products. On August 13, 2018, Complainant filed its opposition to this Petition. On August 22, 2018, Respondents filed a reply in support of their petition with an accompanying motion for leave to file a reply. On August 30, 2018, Respondents filed a motion for leave to file a second supplement to their petition for a modification proceeding. VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 The Commission has determined that Respondents’ petition complies with the requirements for institution of a modification proceeding pursuant to Commission Rule 210.76. Accordingly, the Commission has determined to institute a modification proceeding and has delegated the proceeding to the Chief Administrative Law Judge to designate a presiding Administrative Law Judge. The presiding ALJ shall submit a recommended determination within six (6) months after publication of notice of this Order in the Federal Register. Chamberlain and Techtronic are named as parties to this proceeding. The Commission has further determined to deny Respondents’ motion for leave to file a reply and Respondents’ motion for leave to file a second supplement to their original petition. 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: September 4, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–19498 Filed 9–7–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–18–042] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: September 18, 2018 at 9:30 a.m. PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote on Inv. Nos. 701–TA–586 and 731–TA–1384 (Final)(Stainless Steel Flanges from India). The Commission is currently scheduled to complete and file its determinations and views of the Commission by September 28, 2018. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, AGENCY HOLDING THE MEETING: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 45677 may be carried over to the agenda of the following meeting. By order of the Commission. Issued: September 5, 2018. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018–19704 Filed 9–6–18; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Strength-Training Systems and Components Thereof, DN 3338; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. SUMMARY: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Hoist FOR FURTHER INFORMATION CONTACT: E:\FR\FM\10SEN1.SGM 10SEN1 daltland on DSKBBV9HB2PROD with NOTICES 45678 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices Fitness Systems, Inc. on September 4, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain strength-training systems and components thereof. The complaint names as respondents: TuffStuff Fitness International, Inc., of Chino, CA; and Shandong Relax Health Industry Co. Ltd. of China. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond during the 60-day review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (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 requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 issuance of any final initial determination in this investigation. Any written submissions on other issues should be filed no later than by close of business nine calendar days after the date of publication of this notice in the Federal Register. Complainant may file a reply to any written submission no later than the date on which complainant’s reply would be due under § 210.8(c)(2) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(c)(2)). 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 § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3338) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 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 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: September 4, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–19500 Filed 9–7–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION The Appointment of the Commission’s Administrative Law Judges for Section 337 Investigations U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission’s administrative law judges (‘‘ALJs’’) have been appointed in conformance with the Appointments Clause of the U.S. Constitution and with the Tariff Act. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), provides for certain determinations to be ‘‘made on the record after notice and opportunity for a hearing in conformity with the provisions of subchapter II of chapter 5 of title 5.’’ 19 U.S.C. 1337(c). Pursuant to subchapter II of chapter 5 of title 5, the Commission employs ALJs to conduct formal adjudications and to make initial and recommended determinations. 5 U.S.C. 556–557; 19 CFR 210.3 (‘‘administrative law judge’’). SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45677-45678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19500]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Strength-Training 
Systems and Components Thereof, DN 3338; the Commission is soliciting 
comments on any public interest issues raised by the complaint or 
complainant's filing pursuant to the Commission's Rules of Practice and 
Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Hoist

[[Page 45678]]

Fitness Systems, Inc. on September 4, 2018. The complaint alleges 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain 
strength-training systems and components thereof. The complaint names 
as respondents: TuffStuff Fitness International, Inc., of Chino, CA; 
and Shandong Relax Health Industry Co. Ltd. of China. The complainant 
requests that the Commission issue a limited exclusion order, cease and 
desist orders and impose a bond during the 60-day review period 
pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or Sec.  210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (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 requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues should be filed no later than by 
close of business nine calendar days after the date of publication of 
this notice in the Federal Register. Complainant may file a reply to 
any written submission no later than the date on which complainant's 
reply would be due under Sec.  210.8(c)(2) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.8(c)(2)).
    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 Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3338) in a prominent place on the cover page and/
or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures).\1\ Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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 
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,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: September 4, 2018.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-19500 Filed 9-7-18; 8:45 am]
 BILLING CODE 7020-02-P