Certain Self-Anchoring Beverage Containers; Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation, 65744-65746 [2018-27712]

Download as PDF 65744 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices Huron Potawatomi, Inc.); and the Pokagon Band of Potawatomi Indians, Michigan and Indiana. • Other authoritative governmental sources identify the location where the human remains were removed as the aboriginal land of Citizen Potawatomi Nation, Oklahoma; Delaware Nation, Oklahoma; Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Match-ebe-nash-she-wish Band of Pottawatomi Indians of Michigan; Miami Tribe of Oklahoma; Nottawaseppi Huron Band of the Potawatomi, Michigan (previously listed as the Huron Potawatomi, Inc.); and the Pokagon Band of Potawatomi Indians, Michigan and Indiana. • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to The Tribes. Additional Requestors and Disposition Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Michele Greenan, Indiana State Museum and Historic Sites, 650 West Washington Street, Indianapolis, IN 46214, telephone (317) 473–0836, email mgreenan@indianamuseum.org, by January 22, 2019. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Tribes may proceed. The ISMHS is responsible for notifying The Tribes that this notice has been published. Dated: November 19, 2018. Melanie O’Brien, Manager, National NAGPRA Program. [FR Doc. 2018–27706 Filed 12–20–18; 8:45 am] BILLING CODE 4312–52–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR01115000, 19XR0680A1, RX.R0336900.0019100] Public Meeting of the Yakima River Basin Conservation Advisory Group Bureau of Reclamation, Interior. ACTION: Notice of public meeting. amozie on DSK3GDR082PROD with NOTICES1 AGENCY: The Bureau of Reclamation (Reclamation) is publishing this notice to announce that a Federal Advisory Committee meeting of the Yakima River Basin Conservation Advisory Group (CAG) will take place. SUMMARY: VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 The meeting will be held on Monday, February 25, 2019, from 9 a.m. to approximately 12 p.m. (PT). ADDRESSES: The meeting will be held at the Bureau of Reclamation, ColumbiaCascades Area Office Conference Room, 1917 Marsh Road, Yakima, Washington 98901. FOR FURTHER INFORMATION CONTACT: Gwendolyn Christensen, Bureau of Reclamation, telephone (509) 575–5848 x203; email at gchristensen@usbr.gov; facsimile (509) 454–5611. SUPPLEMENTARY INFORMATION: This meeting is being held under the provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix 2, as amended. Purpose of the Meeting: The CAG is a Federal advisory committee that provides technical advice and counsel to the Secretary of the Interior and Washington State on the structure, implementation, and oversight of the Yakima River Basin Water Conservation Program, consistent with Title XII Public Law 103–434, October 31, 1994; Yakima River Basin Water Enhancement Project (YRBWEP) as amended by Public Law 105–62, October 13, 1997, and Public Law 106–372, October 27, 2000. Additionally, under Title XII the CAG is tasked to provide recommendations on rules, regulations, and administration to facilitate the voluntary sale and lease of water. The CAG provides oversight to the Yakima River Basin Conservation Plan and provides an annual review of the implementation of the Water Conservation Program, including the applicable water conservation guidelines of the Secretary used by participating entities in preparing their individual water conservation plan. The primary purpose of the meeting is to update CAG members of the status of ongoing and future projects being funded with YRBWEP funds. Agenda: The CAG will meet to review completed water projects, consideration of projects proposed for the future, and projects currently under construction. The members will receive updates on: (1) Current basin hydrology and operations; (2) native fish issues; (3) Riverware modeling updates, and (4) Department of Ecology projects and funding. Meeting Accessibility/Special Accommodations: The meeting is open to the public and seating is on a firstcome basis. The meeting facility is physically accessible to people with disabilities. If you have special needs or require an accommodation to participate in this meeting, please direct your requests to Gwendolyn Christensen at DATES: PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 (509) 573–8050, or via email at gchristensen@usbr.gov, by November 21, 2018, so appropriate arrangements can be made. Public Disclosure of Comments: Time will be allowed at the meeting for any individual or organization wishing to make oral comments. To allow for full consideration of information by the CAG members, written comments must be provided to Ms. Gwendolyn Christensen, Bureau of Reclamation, Columbia-Cascades Area Office, 1917 Marsh Road, Yakima, Washington 98901; email at gchristensen@usbr.gov; or facsimile (509) 454–5611, at least five (5) business days prior to the meeting. Any written comments received will be provided to the CAG members. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: December 14, 2018. Dawn Wiedmeier, Area Manager, Columbia-Cascades Area Office. [FR Doc. 2018–27664 Filed 12–20–18; 8:45 am] BILLING CODE 4332–90–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1092] Certain Self-Anchoring Beverage Containers; Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended, in the abovecaptioned investigation. The Commission has issued a general exclusion order (‘‘GEO’’) barring entry of certain self-anchoring beverage containers that infringe the patent asserted in this investigation. The Commission has terminated this investigation. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General SUMMARY: E:\FR\FM\21DEN1.SGM 21DEN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices 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 on January 8, 2018, based on a complaint, as amended, filed by Complainants Alfay Designs, Inc., of Rahway, New Jersey; Mighty Mug, Inc., of Rahway, New Jersey; and Harry Zimmerman of Los Angeles, California (collectively, ‘‘Complainants’’). 83 FR 835–36 (Jan. 8, 2018). The amended complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain selfanchoring beverage containers by reason of infringement of certain claims of U.S. Patent Nos. 8,028,850 (‘‘the ‘850 patent’’) and 8,757,418 (‘‘the ’418 patent’’), as well as U.S. Trademark Registration No. 4,191,803 (‘‘the ’803 trademark’’). Id. The amended complaint further alleged that a domestic industry in the United States exists or is in the process of being established. The notice of investigation named eight respondents: Telebrands, Corp. of Fairfield, New Jersey (‘‘Telebrands’’); HIRALIY of Guangzhou, Chin; Chekue, Shenzen Chekue Trading Co. Ltd. of Shenzhen, China; Tapcet, Guangzhou Tinghui Trade Co., Ltd. of Guangzhou, China; OTELAS, MB of Klaipeda, Lithuania; and Artiart Limited of Taipei, Taiwan (collectively, the ‘‘Unserved Respondents’’); and OUOH, Zhejiang OUOH Houseware Co., Ltd., of Wenzhou, China (‘‘OUOH’’), and DevBattles of Ternopil, Ukraine (‘‘DevBattles’’). Id. The notice of investigation also named the Office of Unfair Import Investigations (‘‘OUII’’) as VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 a party to the investigation. Id. The Commission subsequently terminated the investigation with respect to Telebrands and the Unserved Respondents. See Order No. 8 (Feb. 16, 2018) (unreviewed Notice (Mar. 15, 2018)); Order No. 10 (Apr. 10, 2018) (unreviewed Notice (May 8, 2018)). On May 3, 2018, the ALJ issued an initial determination (‘‘ID’’) (Order No. 11) finding in default the last two remaining respondents, OUOH and DevBattles (collectively, ‘‘the defaulting respondents’’). The Commission determined not to review the ID. Comm’n Notice (June 1, 2018). On May 25, 2018, Complainants filed a motion for summary determination that the defaulting respondents have sold for importation into the United States, imported into the United States, or sold after importation certain selfanchoring beverage containers that infringe certain claims of the ‘850 patent in violation of section 337. The motion also requested a recommendation for entry of a GEO; but the motion did not request cease and desist orders directed against either defaulting respondent. On June 6, 2018, the ALJ issued an ID (Order No. 12), granting Complainants’ motion to withdraw all allegations based on the ’803 trademark and the ’418 patent. The Commission determined not to review the ID. Comm’n Notice (June 25, 2018). On June 14, 2018, Complainants filed a supplement to their May 25, 2018, motion for summary determination. On the same day, OUII filed a response in support of Complainants’ motion. On August 27, 2018, the ALJ issued an ID (Order No. 15) granting Complainants’ motion for summary determination. The ALJ found that the importation requirement is satisfied as to each defaulting respondent, that the accused products of each defaulting respondent infringe claim 1 of the ‘850 patent, and that Complainants satisfied the domestic industry requirement. No petitions for review of the ID were filed. The ALJ recommended issuance of a GEO and the imposition of a bond in the amount of 100 percent of the entered value of subject products during the period of Presidential review. On October 5, 2018, the Commission determined to review in part the ID granting summary determination of a section 337 violation. 83 FR 51703 (Oct. 12, 2018) (‘‘Notice’’). Specifically, the Commission determined to review: (1) The ID’s findings on infringement to correct typographical errors, namely to modify a cross-reference ‘‘[f]or the foregoing reasons’’ at page 11 of the ID to ‘‘[f]or the following reasons’’ and to modify a citation to ‘‘Mot. Ex. 3 at PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 65745 Attachments 1 (OUOH) and 6 (DevBattles)’’ at page 11 of the ID to ‘‘Mot. Ex. 3 at Attachments 3 (OUOH) and 6 (DevBattles)’’, and to strike the sentence at page 11 of the ID that refers to claim charts attached to the Amended Complaint (‘‘Complainants also attached claim charts to the Amended Complaint . . . of the patent. (Compl Exh. 38 at 13–15 (OUOH), 16–18 (DevBattles).)’’); (2) the ID’s findings on importation, and on review, (a) affirm the ID’s finding on importation as to defaulting respondent OUOH on the modified ground that Complainants have established by substantial, reliable, and probative evidence that the importation requirement of section 337 is satisfied with respect to defaulting respondent OUOH and (b) take no position on whether Complainants have established by substantial, reliable, and probative evidence the importation requirement as to defaulting respondent DevBattles; and (3) the ID’s findings on the economic prong of the domestic industry, and on review, affirm the ID’s finding of the existence of a domestic industry under subsection 337(a)(3)(B), and to take no position on whether a domestic industry exists under subsections 337(a)(3)(A) or (C). Accordingly, the Commission found a violation of section 337 as to defaulting respondent OUOH by substantial, reliable, and probative evidence. In its Notice, the Commission requested written submissions on the issues of remedy, the public interest, and bonding. 83 FR 51703 (Oct. 12, 2018). Complainants and OUII timely filed initial written submissions, and OUII also filed a reply to Complainants’ submission. No other submissions were filed in response to the Commission Notice. Having reviewed the submissions filed in response to the Commission Notice and the evidentiary record, the Commission has determined that the appropriate form of relief in this investigation is a GEO prohibiting the unlicensed importation of certain selfanchoring beverage containers that infringe claim 1 of the asserted patent. The Commission has further determined that the public interest factors enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude issuance of the GEO. Finally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The investigation is terminated. The Commission’s order and opinion were delivered to the President and to E:\FR\FM\21DEN1.SGM 21DEN1 65746 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury and Customs and Border Protection of the order. 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 18, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27712 Filed 12–20–18; 8:45 am] BILLING CODE 7020–02–P methodologies. BJS envisions using a variety of techniques, including but not limited to tests of different types of survey and data collection operations, focus groups, cognitive testing, pilot testing, exploratory interviews, experiments with questionnaire design, and usability testing of electronic data collection instruments. Following standard Office of Management and Budget (OMB) requirements, BJS will submit a change request to OMB individually for every group of data collection activities undertaken under this generic clearance. BJS will provide OMB with a copy of the individual instruments or questionnaires (if one is used), as well as other materials describing the project. Comments are encouraged and will be accepted for 60 days until February 19, 2019. DATES: DEPARTMENT OF JUSTICE [OMB Number 1121–0339] If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Devon Adams, Bureau of Justice Statistics, 810 Seventh Street NW, Washington, DC 20531 (email: Devon.Adams@usdoj.gov; telephone: 202–307–0765). FOR FURTHER INFORMATION CONTACT: Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection; Comments Requested: Generic Clearance for Cognitive, Pilot and Field Studies for Bureau of Justice Statistics Data Collection Activities Bureau of Justice Statistics, Department of Justice. ACTION: 60-day notice. AGENCY: The Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Statistics (BJS) intends to request approval from the Office of Management and Budget (OMB) for a generic information collection clearance that will allow BJS to conduct a variety of cognitive, pilot, and field test studies. BJS will submit the request for review and approval in accordance with the Paperwork Reduction Act of 1995. Over the next three years, BJS anticipates undertaking a variety of new surveys and data collections, as well as reassessing ongoing statistical projects, across a number of areas of criminal justice, including law enforcement, courts, corrections, and victimization. This work will entail development of new survey instruments, redesigning and/or modifying existing surveys, procuring administrative data from state and local government entities, and creating or modifying establishment surveys. In order to inform BJS data collection protocols, to develop accurate estimates of respondent burden, and to minimize respondent burden associated with each new or modified data collection, BJS will engage in cognitive, pilot and field test activities to refine instrumentation and data collection amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: SUPPLEMENTARY INFORMATION: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) The Title of the Form/Collection: Generic Clearance for cognitive, pilot and field studies for Bureau of Justice Statistics data collection Activities. (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form numbers not available for generic clearance. The applicable component within the Department of Justice is the Bureau of Justice Statistics, in the Office of Justice Programs. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Administrators or staff of state and local agencies or programs in the relevant fields; administrators or staff of non-government agencies or programs in the relevant fields; individuals; policymakers at various levels of government. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: We estimate that approximately 30,000 respondents will be involved in exploratory, field test, pilot, cognitive, and focus group work conducted under this clearance over the requested 3-year clearance period. The average response time per respondent will be specific to each project covered under the clearance. Specific estimates of the number of respondents and the average response time are not known for each pilot study or development project covered under a generic clearance at this time. Project specific estimates will be submitted to OMB separately for each project conducted under this clearance. An estimate of the overall number of burden hours for activities under this generic (6) An estimate of the total public burden (in hours) associated with the collection: The total respondent burden for identified and future projects covered under this generic clearance over the 3-year clearance period is approximately 20,000 hours. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65744-65746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27712]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1092]


Certain Self-Anchoring Beverage Containers; Commission Final 
Determination of Violation of Section 337; Issuance of a General 
Exclusion Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that there is a violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The Commission has issued a general exclusion order 
(``GEO'') barring entry of certain self-anchoring beverage containers 
that infringe the patent asserted in this investigation. The Commission 
has terminated this investigation.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General

[[Page 65745]]

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 
on January 8, 2018, based on a complaint, as amended, filed by 
Complainants Alfay Designs, Inc., of Rahway, New Jersey; Mighty Mug, 
Inc., of Rahway, New Jersey; and Harry Zimmerman of Los Angeles, 
California (collectively, ``Complainants''). 83 FR 835-36 (Jan. 8, 
2018). The amended complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain self-
anchoring beverage containers by reason of infringement of certain 
claims of U.S. Patent Nos. 8,028,850 (``the `850 patent'') and 
8,757,418 (``the '418 patent''), as well as U.S. Trademark Registration 
No. 4,191,803 (``the '803 trademark''). Id. The amended complaint 
further alleged that a domestic industry in the United States exists or 
is in the process of being established.
    The notice of investigation named eight respondents: Telebrands, 
Corp. of Fairfield, New Jersey (``Telebrands''); HIRALIY of Guangzhou, 
Chin; Chekue, Shenzen Chekue Trading Co. Ltd. of Shenzhen, China; 
Tapcet, Guangzhou Tinghui Trade Co., Ltd. of Guangzhou, China; OTELAS, 
MB of Klaipeda, Lithuania; and Artiart Limited of Taipei, Taiwan 
(collectively, the ``Unserved Respondents''); and OUOH, Zhejiang OUOH 
Houseware Co., Ltd., of Wenzhou, China (``OUOH''), and DevBattles of 
Ternopil, Ukraine (``DevBattles''). Id. The notice of investigation 
also named the Office of Unfair Import Investigations (``OUII'') as a 
party to the investigation. Id. The Commission subsequently terminated 
the investigation with respect to Telebrands and the Unserved 
Respondents. See Order No. 8 (Feb. 16, 2018) (unreviewed Notice (Mar. 
15, 2018)); Order No. 10 (Apr. 10, 2018) (unreviewed Notice (May 8, 
2018)).
    On May 3, 2018, the ALJ issued an initial determination (``ID'') 
(Order No. 11) finding in default the last two remaining respondents, 
OUOH and DevBattles (collectively, ``the defaulting respondents''). The 
Commission determined not to review the ID. Comm'n Notice (June 1, 
2018).
    On May 25, 2018, Complainants filed a motion for summary 
determination that the defaulting respondents have sold for importation 
into the United States, imported into the United States, or sold after 
importation certain self-anchoring beverage containers that infringe 
certain claims of the `850 patent in violation of section 337. The 
motion also requested a recommendation for entry of a GEO; but the 
motion did not request cease and desist orders directed against either 
defaulting respondent.
    On June 6, 2018, the ALJ issued an ID (Order No. 12), granting 
Complainants' motion to withdraw all allegations based on the '803 
trademark and the '418 patent. The Commission determined not to review 
the ID. Comm'n Notice (June 25, 2018).
    On June 14, 2018, Complainants filed a supplement to their May 25, 
2018, motion for summary determination. On the same day, OUII filed a 
response in support of Complainants' motion.
    On August 27, 2018, the ALJ issued an ID (Order No. 15) granting 
Complainants' motion for summary determination. The ALJ found that the 
importation requirement is satisfied as to each defaulting respondent, 
that the accused products of each defaulting respondent infringe claim 
1 of the `850 patent, and that Complainants satisfied the domestic 
industry requirement. No petitions for review of the ID were filed. The 
ALJ recommended issuance of a GEO and the imposition of a bond in the 
amount of 100 percent of the entered value of subject products during 
the period of Presidential review.
    On October 5, 2018, the Commission determined to review in part the 
ID granting summary determination of a section 337 violation. 83 FR 
51703 (Oct. 12, 2018) (``Notice''). Specifically, the Commission 
determined to review: (1) The ID's findings on infringement to correct 
typographical errors, namely to modify a cross-reference ``[f]or the 
foregoing reasons'' at page 11 of the ID to ``[f]or the following 
reasons'' and to modify a citation to ``Mot. Ex. 3 at Attachments 1 
(OUOH) and 6 (DevBattles)'' at page 11 of the ID to ``Mot. Ex. 3 at 
Attachments 3 (OUOH) and 6 (DevBattles)'', and to strike the sentence 
at page 11 of the ID that refers to claim charts attached to the 
Amended Complaint (``Complainants also attached claim charts to the 
Amended Complaint . . . of the patent. (Compl Exh. 38 at 13-15 (OUOH), 
16-18 (DevBattles).)''); (2) the ID's findings on importation, and on 
review, (a) affirm the ID's finding on importation as to defaulting 
respondent OUOH on the modified ground that Complainants have 
established by substantial, reliable, and probative evidence that the 
importation requirement of section 337 is satisfied with respect to 
defaulting respondent OUOH and (b) take no position on whether 
Complainants have established by substantial, reliable, and probative 
evidence the importation requirement as to defaulting respondent 
DevBattles; and (3) the ID's findings on the economic prong of the 
domestic industry, and on review, affirm the ID's finding of the 
existence of a domestic industry under subsection 337(a)(3)(B), and to 
take no position on whether a domestic industry exists under 
subsections 337(a)(3)(A) or (C). Accordingly, the Commission found a 
violation of section 337 as to defaulting respondent OUOH by 
substantial, reliable, and probative evidence.
    In its Notice, the Commission requested written submissions on the 
issues of remedy, the public interest, and bonding. 83 FR 51703 (Oct. 
12, 2018). Complainants and OUII timely filed initial written 
submissions, and OUII also filed a reply to Complainants' submission. 
No other submissions were filed in response to the Commission Notice.
    Having reviewed the submissions filed in response to the Commission 
Notice and the evidentiary record, the Commission has determined that 
the appropriate form of relief in this investigation is a GEO 
prohibiting the unlicensed importation of certain self-anchoring 
beverage containers that infringe claim 1 of the asserted patent. The 
Commission has further determined that the public interest factors 
enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude 
issuance of the GEO. Finally, the Commission has determined that a bond 
in the amount of one hundred (100) percent of the entered value is 
required to permit temporary importation of the articles in question 
during the period of Presidential review (19 U.S.C. 1337(j)). The 
investigation is terminated.
    The Commission's order and opinion were delivered to the President 
and to

[[Page 65746]]

the United States Trade Representative on the day of their issuance. 
The Commission has also notified the Secretary of the Treasury and 
Customs and Border Protection of the order.
    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 18, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27712 Filed 12-20-18; 8:45 am]
 BILLING CODE 7020-02-P

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