Certain Insulated Beverage Containers, Components, Labels, and Packaging Material Thereof; Notice of Issuance of a Limited Exclusion Order Against Two Respondents Found in Default; Termination of Investigation, 65179-65180 [2018-27413]
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Notices
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FR 61885 (October 17, 2008).
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2018–27390 Filed 12–18–18; 8:45 am]
BILLING CODE 9110–9B–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1084]
Certain Insulated Beverage Containers,
Components, Labels, and Packaging
Material Thereof; Notice of Issuance of
a Limited Exclusion Order Against Two
Respondents Found in Default;
Termination of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued a limited
exclusion order (‘‘LEO’’) against certain
insulated beverage containers,
components thereof, labels, and
packaging material thereof, that are
manufactured or imported by defaulted
respondents. The investigation is
terminated.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Esq., 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
E:\FR\FM\19DEN1.SGM
19DEN1
amozie on DSK3GDR082PROD with NOTICES1
65180
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Notices
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 November 24, 2017, based on a
complaint and supplement, filed on
behalf of Yeti Coolers, LLC of Austin,
Texas (‘‘Yeti’’). 82 FR 55860–61 (Nov.
24, 2017). The amended complaint, as
supplemented, 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 insulated beverage containers,
components, labels, and packaging
materials thereof by reason of
infringement of U.S. Trademark
Registration Nos. 5,233,441 and
4,883,074; U.S. Copyright Registration
Nos. VA 1–974–722, VA 1–974–732, VA
1–974–735; and U.S. Design Patent Nos.
D752,397, D780,533, D781,146, and
D784,775. The complaint further alleges
that an industry in the United States
exists as required by section 337. The
notice of investigation named thirteen
respondents, including Huizhou Dashu
Trading Co., Ltd. of Huizou City, China
(‘‘Huizhou Dashu’’) and Huagong
Trading Co., Ltd. of Wangshizhuang,
China (‘‘Huagong’’). The Office of Unfair
Import Investigations (‘‘OUII’’) was also
named as a party.
The Commission terminated eleven of
those respondents based on settlement
agreements and partial withdrawals of
the complaint. See Order No. 11 (Mar.
8, 2018), not reviewed Notice (Mar. 26,
2018); Order Nos. 19, 20, and 21 (Apr.
17, 2018), not reviewed Notice (May 11,
2018); Order No. 27 (Jun. 8, 2018), not
reviewed Notice (Jun. 29, 2018); Order
No. 29 (Sept. 27, 2018), not reviewed
Notice (Oct. 22, 2018).
The Commission found the remaining
two respondents, Huizhou Dashu and
Huagong, in default for failing to
respond to the complaint and notice of
investigation. Order No. 29 (Sept. 27,
2018), not reviewed Notice (Oct. 22,
2018). The Commission also sought
briefing on remedy, the public interest,
and bonding, and received main and
reply submissions from Yeti and OUII.
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17:59 Dec 18, 2018
Jkt 247001
In response, both Yeti and OUII
requested that the Commission issue an
LEO against Huizhou Dashu and
Huagong. The Commission received no
responses from the public.
The Commission has determined that
the appropriate form of relief in this
investigation is an LEO prohibiting the
unlicensed entry of insulated beverage
containers, components thereof, labels,
and packaging material thereof that
infringe one or more of U.S. Trademark
Registration Nos. 5,233,441 and
4,883,074; U.S. Copyright Registration
Nos. VA 1–974–722, VA 1–974–732, VA
1–974–735; and U.S. Design Patent Nos.
D752,397 and D780,533, and that are
manufactured abroad by or on behalf of,
or imported by or on behalf of, Huizhou
Dashu and Huagong. The Commission
has further determined that the LEO
should also prohibit the unlicensed
entry of insulated beverage containers,
components thereof, labels, and
packaging material thereof that infringe
one or more of U.S. Design Patent Nos.
D781,146 and D784,775, and that are
manufactured abroad by or on behalf of,
or imported by or on behalf of, Huagong.
The Commission has additionally
determined that the public interest
factors enumerated in Section 337(g)(l)
(19 U.S.C. 1337(g)(l)) do not preclude
issuance of the LEO. The Commission
has determined that the bond for
importation during the period of
Presidential review shall be in the
amount of one hundred (100) percent of
the entered value of the imported
subject articles of Respondent. The
Commission’s order was delivered to
the President and the United States
Trade Representative on the day of its
issuance.
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 13, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–27413 Filed 12–18–18; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1101]
Certain Fuel Pump Assemblies Having
Vapor Separators and Components
Thereof; Notice of Issuance of a
Limited Exclusion Order Against a
Respondent Found in Default;
Termination of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued a limited
exclusion order against certain fuelpump assemblies with vapor separators
and components thereof of respondent
Wenzhou Jushang (JS) Performance
Parts Co. Ltd. of Wenzhou, China
(‘‘JSP,’’ or ‘‘Respondent’’). The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Esq., 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 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
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), on March 2, 2018,
based on a complaint filed by Carter
Fuel Systems, LLC of Logansport, IN
(‘‘Complainant’’). 83 FR 9027 (Mar. 2,
2018). The complaint alleges a violation
of section 337 by reason of infringement
of certain claims of U.S. Patent No.
6,257,208 (‘‘the ’208 patent’’). The
notice of investigation named JSP as a
sole respondent. Id. The Office of Unfair
Import Investigations is not a party in
this investigation.
On August 20, 2018, the Commission
determined not to review an initial
SUMMARY:
E:\FR\FM\19DEN1.SGM
19DEN1
Agencies
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Notices]
[Pages 65179-65180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27413]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1084]
Certain Insulated Beverage Containers, Components, Labels, and
Packaging Material Thereof; Notice of Issuance of a Limited Exclusion
Order Against Two Respondents Found in Default; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a limited exclusion order (``LEO'') against
certain insulated beverage containers, components thereof, labels, and
packaging material thereof, that are manufactured or imported by
defaulted respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., 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
[[Page 65180]]
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 November 24, 2017, based on a complaint and supplement, filed on
behalf of Yeti Coolers, LLC of Austin, Texas (``Yeti''). 82 FR 55860-61
(Nov. 24, 2017). The amended complaint, as supplemented, 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 insulated beverage containers, components,
labels, and packaging materials thereof by reason of infringement of
U.S. Trademark Registration Nos. 5,233,441 and 4,883,074; U.S.
Copyright Registration Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735;
and U.S. Design Patent Nos. D752,397, D780,533, D781,146, and D784,775.
The complaint further alleges that an industry in the United States
exists as required by section 337. The notice of investigation named
thirteen respondents, including Huizhou Dashu Trading Co., Ltd. of
Huizou City, China (``Huizhou Dashu'') and Huagong Trading Co., Ltd. of
Wangshizhuang, China (``Huagong''). The Office of Unfair Import
Investigations (``OUII'') was also named as a party.
The Commission terminated eleven of those respondents based on
settlement agreements and partial withdrawals of the complaint. See
Order No. 11 (Mar. 8, 2018), not reviewed Notice (Mar. 26, 2018); Order
Nos. 19, 20, and 21 (Apr. 17, 2018), not reviewed Notice (May 11,
2018); Order No. 27 (Jun. 8, 2018), not reviewed Notice (Jun. 29,
2018); Order No. 29 (Sept. 27, 2018), not reviewed Notice (Oct. 22,
2018).
The Commission found the remaining two respondents, Huizhou Dashu
and Huagong, in default for failing to respond to the complaint and
notice of investigation. Order No. 29 (Sept. 27, 2018), not reviewed
Notice (Oct. 22, 2018). The Commission also sought briefing on remedy,
the public interest, and bonding, and received main and reply
submissions from Yeti and OUII. In response, both Yeti and OUII
requested that the Commission issue an LEO against Huizhou Dashu and
Huagong. The Commission received no responses from the public.
The Commission has determined that the appropriate form of relief
in this investigation is an LEO prohibiting the unlicensed entry of
insulated beverage containers, components thereof, labels, and
packaging material thereof that infringe one or more of U.S. Trademark
Registration Nos. 5,233,441 and 4,883,074; U.S. Copyright Registration
Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735; and U.S. Design Patent
Nos. D752,397 and D780,533, and that are manufactured abroad by or on
behalf of, or imported by or on behalf of, Huizhou Dashu and Huagong.
The Commission has further determined that the LEO should also prohibit
the unlicensed entry of insulated beverage containers, components
thereof, labels, and packaging material thereof that infringe one or
more of U.S. Design Patent Nos. D781,146 and D784,775, and that are
manufactured abroad by or on behalf of, or imported by or on behalf of,
Huagong. The Commission has additionally determined that the public
interest factors enumerated in Section 337(g)(l) (19 U.S.C. 1337(g)(l))
do not preclude issuance of the LEO. The Commission has determined that
the bond for importation during the period of Presidential review shall
be in the amount of one hundred (100) percent of the entered value of
the imported subject articles of Respondent. The Commission's order was
delivered to the President and the United States Trade Representative
on the day of its issuance.
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 13, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27413 Filed 12-18-18; 8:45 am]
BILLING CODE 7020-02-P