Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Institution of Investigation, 64356-64357 [2018-27071]

Download as PDF 64356 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices Lease Sale EIS or the submission of comments, please contact Sharon Randall, Chief of Environmental Analysis Section, BOEM, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503, (907) 334– 5200. Authority: This notice of intent is published pursuant to the regulations at 40 CFR 1501.7 implementing the provisions of NEPA. Dated: December 11, 2018. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management. [FR Doc. 2018–27176 Filed 12–13–18; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1140] Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 8, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ingevity Corp. of North Charleston, South Carolina and Ingevity South Carolina, LLC of North Charleston, South Carolina. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain multi-stage fuel vapor canister systems and activated carbon components thereof by reason of infringement of certain claims of U.S. Patent No. RE38,844 (‘‘the ’844 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 7, 2018, Ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1–5, 8, 11, 13, 15, 18, 19, 21, 24, 28, 31, 33, 36, 38, 40, 43, 45, 48, 50, and 52 of the ’844 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘multi-stage fuel vapor canister systems manufactured by the MAHLE Respondents that include lowincremental adsorption capacity (‘IAC’) activated carbon components and the low-IAC activated carbon components thereof, such as MPAC–1.’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 (a) The complainants are: Ingevity Corp., 5255 Virginia Avenue, North Charleston, SC 29406. Ingevity South Carolina, LLC, 5255 Virginia Avenue, North Charleston, SC 29406. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: MAHLE Filter Systems North America, Inc., 906 Butler Drive, Murfreesboro, TN 37127. MAHLE Filter Systems Japan Corp., 591 Shimo-akasaka, Kawagoe, Saitama 350–1155, Japan. MAHLE Sistemas de Filtracio´n de Me´xico S.A. de C.V., Libramiento Arco Vial Poniente km. 4,2, 66350 Monterrey, Nuevo Leon, Mexico. MAHLE Filter Systems Canada, ULC, 16 Industrial Park Road, Tilbury, ON N0P 2L0, Canada. Kuraray Co., Ltd., Ote Center Building, 1–1–3, Otemachi, Chiyoda-ku, Tokyo 100–8115, Japan. Kuraray America, Inc., 2625 Bay Area Boulevard, Suite 600, Houston, TX 77058. Nagamine Manufacturing Co., Ltd., 1725–26, Kishinoue, Manno-town, Nakatado-Gun, Kagawa-pref., 766–0026, Japan. The Office of Unfair Import Investigations will not be named as a party to this investigation. (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 10, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27071 Filed 12–13–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1279 (Final) (Second Remand)] Hydrofluorocarbon Blends and Components From China United States International Trade Commission. ACTION: Notice of remand proceedings. AGENCY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its final determination in the antidumping duty investigation of hydrofluorocarbon blends and components (‘‘HFC’’) from China. For further information concerning the conduct of these remand proceedings and rules of general application, consult the Commission’s Rules of Practice and Procedure. DATES: December 6, 2018. FOR FURTHER INFORMATION CONTACT: Joanna Lo (202–205–1888), Office of Investigations, or P.V. Gallagher (202– 205–3152), Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record of Investigation No. 731–TA–1279 (Final) may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: SUPPLEMENTARY INFORMATION: Background.—On November 5, 2018, the U.S. Court of International Trade, per Judge Leo M. Gordon, issued a second opinion in Arkema, Inc. v. United States, Court No. 16–00179. In VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 this second opinion, the CIT remanded to the agency two issues concerning the Commission’s like product determination in Hydrofluorocarbon (‘‘HFC’’) Blends and Components from China, Inv. No. 731–TA–1279 (Final), USITC Pub. 4629 (Aug. 2016). In the investigation, the Commission applied its five-factor finished/semi-finished product analysis and determined that there were two domestic like products, one comprised of HFC components and one comprised of HFC blends. The Commission then determined that the domestic industry producing HFC blends was materially injured by reason of subject imports of HFC blends, whereas the domestic industry producing HFC components was not materially injured or threatened with material injury by reason of subject imports of HFC components. Petitioners appealed the decisions to the CIT, challenging the Commission’s determination that there were two domestic like products consisting of HFC blends and HFC components. In its first opinion, the CIT remanded two issues to the Commission and affirmed all other aspects of the Commission’s domestic like product determination. See Arkema, Inc. v. United States, Court No. 16–00179, 42 CIT ll, 290 F.Supp.3d 1363 (2018). The Commission filed its remand with the Court on May 5, 2018. In its second opinion, the CIT held that the Commission’s domestic like product determination remained deficient regarding the same two issues and again remanded these two issues to the Commission for reconsideration and explanation. Arkema, Inc. v. United States, Court No. 16–00179, Slip. Op. 18–153 (Ct. Int’l Trade November 5, 2018). Participation in the proceeding.— Only those persons who were interested parties that participated in the investigations (i.e., persons listed on the Commission Secretary’s service list) and also parties to the appeal may participate in the remand proceedings. Such persons need not make any additional notice of appearances or applications with the Commission to participate in the remand proceedings, unless they are adding new individuals to the list of persons entitled to receive business proprietary information (‘‘BPI’’) under administrative protective order. BPI referred to during the remand proceedings will be governed, as appropriate, by the administrative protective order issued in the investigation. The Secretary will maintain a service list containing the names and addresses of all persons or PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 64357 their representatives who are parties to the remand proceedings, and the Secretary will maintain a separate list of those authorized to receive BPI under the administrative protective order during the remand proceedings. Written Submissions.—The Commission is reopening the record in these proceedings for the limited purpose of issuing a short supplemental questionnaire to U.S. producers and blenders. The Commission is not otherwise reopening the record for the collection of new factual information. The Commission will make available any new factual information obtained during the remand proceedings not already served to parties in the investigations (as identified by the public or BPI service list). The Commission will permit the parties to file written comments on any new factual information obtained during the remand proceedings and on how the Commission could best comply with the CIT’s remand instructions. The comments must be based only on the information in the Commission’s record, including any new information collected in these remand proceedings. The Commission will reject submissions containing additional factual information or arguments pertaining to issues other than those on which the CIT has remanded this matter. The deadline for filing comments is January 7, 2019. Comments shall be limited to no more than ten (10) double-spaced and single-sided pages of textual material. Parties are advised to consult with the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207) for provisions of general applicability concerning written submissions to the Commission. All written submissions must conform to the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform to the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s website at http:// edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, will not be accepted unless good cause is shown for accepting such submissions or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64356-64357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27071]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1140]


Certain Multi-Stage Fuel Vapor Canister Systems and Activated 
Carbon Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 8, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ingevity Corp. 
of North Charleston, South Carolina and Ingevity South Carolina, LLC of 
North Charleston, South Carolina. The complaint alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain multi-stage fuel vapor canister systems and 
activated carbon components thereof by reason of infringement of 
certain claims of U.S. Patent No. RE38,844 (``the '844 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 7, 2018, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-5, 8, 11, 13, 15, 18, 19, 21, 24, 28, 31, 33, 36, 38, 40, 43, 
45, 48, 50, and 52 of the '844 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``multi-stage fuel 
vapor canister systems manufactured by the MAHLE Respondents that 
include low-incremental adsorption capacity (`IAC') activated carbon 
components and the low-IAC activated carbon components thereof, such as 
MPAC-1.'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are: Ingevity Corp., 5255 Virginia Avenue, 
North Charleston, SC 29406.
    Ingevity South Carolina, LLC, 5255 Virginia Avenue, North 
Charleston, SC 29406.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    MAHLE Filter Systems North America, Inc., 906 Butler Drive, 
Murfreesboro, TN 37127.
    MAHLE Filter Systems Japan Corp., 591 Shimo-akasaka, Kawagoe, 
Saitama 350-1155, Japan.
    MAHLE Sistemas de Filtraci[oacute]n de M[eacute]xico S.A. de C.V., 
Libramiento Arco Vial Poniente km. 4,2, 66350 Monterrey, Nuevo Leon, 
Mexico.
    MAHLE Filter Systems Canada, ULC, 16 Industrial Park Road, Tilbury, 
ON N0P 2L0, Canada.
    Kuraray Co., Ltd., Ote Center Building, 1-1-3, Otemachi, Chiyoda-
ku, Tokyo 100-8115, Japan.
    Kuraray America, Inc., 2625 Bay Area Boulevard, Suite 600, Houston, 
TX 77058.
    Nagamine Manufacturing Co., Ltd., 1725-26, Kishinoue, Manno-town, 
Nakatado-Gun, Kagawa-pref., 766-0026, Japan.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination

[[Page 64357]]

and a final determination containing such findings, and may result in 
the issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: December 10, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27071 Filed 12-13-18; 8:45 am]
 BILLING CODE 7020-02-P