Crawfish Tail Meat From China; Institution of a Five-Year Review, 12289-12292 [2019-06190]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
the appendix should include a summary
with their written submission and
should include a statement that the
summary is included for this purpose.
The summary may not exceed 500
words, should be in MSWord format or
a format that can be easily converted to
MSWord, and should not include any
confidential business information. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. In the appendix the
Commission will identify the name of
the organization furnishing the
summary, and will include a link to the
Commission’s Electronic Document
Information System (EDIS) where the
full written submission can be found.
By order of the Commission.
Issued: March 26, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–06191 Filed 3–29–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1057;
(Enforcement Proceeding)]
Certain Robotic Vacuum Cleaning
Devices and Components Thereof
Such as Spare Parts; Notice of
Institution of Formal Enforcement
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has instituted a formal
enforcement proceeding related to cease
and desist orders issued in the abovecaptioned investigation.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, 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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
SUMMARY:
VerDate Sep<11>2014
17:22 Mar 29, 2019
Jkt 247001
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 an investigation
on May 23, 2017, based on a complaint
filed by iRobot Corporation of Bedford,
Massachusetts (‘‘iRobot’’). 82 FR 23593–
94. The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 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 robotic
vacuum cleaning devices and
components thereof such as spare parts
that infringe certain claims of, inter alia,
U.S. Patent No. 9,038,233 (‘‘the ’233
patent’’). Id. The Commission’s notice of
investigation named as a respondent,
inter alia, Shenzhen Silver Star
Intelligent Technology Co., Ltd., of
Shenzhen, China (‘‘Silver Star’’) and
bObsweep USA of Henderson, Nevada
and bObsweep, Inc. of Toronto, Canada
(together, ‘‘bObsweep’’). Id. at 23593.
The Office of Unfair Import
Investigations did not participate in the
investigation. Id.
On November 30, 2018, the
Commission found, inter alia, that
Silver Star and bObsweep violated
section 337 with respect to the ’233
patent, and issued a limited exclusion
order (‘‘LEO’’) against, inter alia, Silver
Star with respect to claims 1, 10, 11, and
14–16 of the ’233 patent. 83 FR 63186–
87. The Commission also issued cease
and desist orders (‘‘CDOs’’) against
Silver Star’s customer bObsweep
regarding those same claims. Id.
On January 30, 2019, Silver Star filed
a request for an advisory opinion that
eight of its products do not violate the
LEO and CDOs. On February 11, 2019,
iRobot opposed the advisory opinion
request on numerous grounds. On
March 15, 2019, the Commission
determined to institute an advisory
opinion proceeding and delegated the
proceeding to an administrative law
judge.
On February 21, 2019, iRobot filed a
complaint requesting that the
Commission institute a formal
enforcement proceeding under
Commission Rule 210.75(b) to
investigate alleged violations of the
CDOs by bObsweep. On March 5, 2019,
bObsweep filed a letter opposing the
institution of a formal enforcement
proceeding.
Having examined the enforcement
complaint and the supporting
documents, as well as the letter, the
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
12289
Commission has determined to institute
a formal enforcement proceeding to
determine whether bObsweep is in
violation of the CDOs issued in the
original investigation and what, if any,
enforcement measures are appropriate.
The following entities are named as
parties to the formal enforcement
proceeding: (1) Complainant iRobot; (2)
respondents bObsweep USA and
bObsweep, Inc.; and (3) the Office of
Unfair Import Investigations. The
Commission has further determined to
consolidate the enforcement proceeding
with the advisory opinion proceeding.
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: March 26, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–06194 Filed 3–29–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–752 (Fourth
Review)]
Crawfish Tail Meat From China;
Institution of a Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted a review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
duty order on crawfish tail meat from
China would be likely to lead to
continuation or recurrence of material
injury. Pursuant to the Act, interested
parties are requested to respond to this
notice by submitting the information
specified below to the Commission.
DATES: Instituted April 1, 2019. To be
assured of consideration, the deadline
for responses is May 1, 2019. Comments
on the adequacy of responses may be
filed with the Commission by June 13,
2019.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, 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–
SUMMARY:
E:\FR\FM\01APN1.SGM
01APN1
12290
Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
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 (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On September 15,
1997, the Department of Commerce
(‘‘Commerce’’) issued an antidumping
duty order on imports of crawfish tail
meat from China (62 FR 48218).
Following the first five-year reviews by
Commerce and the Commission,
effective August 13, 2003, Commerce
issued a continuation of the
antidumping duty order on imports of
crawfish tail meat from China (68 FR
48340). Following the second five-year
reviews by Commerce and the
Commission, effective December 11,
2008, Commerce issued a continuation
of the antidumping duty order on
imports of crawfish tail meat from China
(73 FR 75392). Following the third fiveyear reviews by Commerce and the
Commission, effective May 16, 2014,
Commerce issued a continuation of the
antidumping duty order on imports of
crawfish tail meat from China (79 FR
28483). The Commission is now
conducting a fourth review pursuant to
section 751(c) of the Act, as amended
(19 U.S.C. 1675(c)), to determine
whether revocation of the order would
be likely to lead to continuation or
recurrence of material injury to the
domestic industry within a reasonably
foreseeable time. Provisions concerning
the conduct of this proceeding may be
found in the Commission’s Rules of
Practice and Procedure at 19 CFR parts
201, subparts A and B and 19 CFR part
207, subparts A and F. The Commission
will assess the adequacy of interested
party responses to this notice of
institution to determine whether to
conduct a full review or an expedited
review. The Commission’s
determination in any expedited review
will be based on the facts available,
which may include information
provided in response to this notice.
Definitions.—The following
definitions apply to this review:
(1) Subject Merchandise is the class or
kind of merchandise that is within the
scope of the five-year review, as defined
by the Department of Commerce.
(2) The Subject Country in this review
is China.
(3) The Domestic Like Product is the
domestically produced product or
VerDate Sep<11>2014
17:22 Mar 29, 2019
Jkt 247001
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determination, full first five-year review
determination, and expedited second
and third five-year review
determinations, the Commission
defined the Domestic Like Product as
crawfish tail meat, coextensive with
Commerce’s scope.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determination,
full first five-year review determination,
and expedited second and third fiveyear review determinations, the
Commission defined the Domestic
Industry to encompass all domestic
producers of crawfish tail meat,
including processors but not the farmers
and fishermen who harvest live
crawfish.
(5) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the proceeding and
public service list.—Persons, including
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the proceeding as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11(b)(4) of the
Commission’s rules, no later than 21
days after publication of this notice in
the Federal Register. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the proceeding.
Former Commission employees who
are seeking to appear in Commission
five-year reviews are advised that they
may appear in a review even if they
participated personally and
substantially in the corresponding
underlying original investigation or an
earlier review of the same underlying
investigation. The Commission’s
designated agency ethics official has
advised that a five-year review is not the
same particular matter as the underlying
original investigation, and a five-year
review is not the same particular matter
as an earlier review of the same
underlying investigation for purposes of
18 U.S.C. 207, the post employment
statute for Federal employees, and
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
Commission rule 201.15(b) (19 CFR
201.15(b)), 79 FR 3246 (Jan. 17, 2014),
73 FR 24609 (May 5, 2008).
Consequently, former employees are not
required to seek Commission approval
to appear in a review under Commission
rule 19 CFR 201.15, even if the
corresponding underlying original
investigation or an earlier review of the
same underlying investigation was
pending when they were Commission
employees. For further ethics advice on
this matter, contact Charles Smith,
Office of the General Counsel, at 202–
205–3408.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and APO service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
submitted in this proceeding available
to authorized applicants under the APO
issued in the proceeding, provided that
the application is made no later than 21
days after publication of this notice in
the Federal Register. Authorized
applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9),
who are parties to the proceeding. A
separate service list will be maintained
by the Secretary for those parties
authorized to receive BPI under the
APO.
Certification.—Pursuant to section
207.3 of the Commission’s rules, any
person submitting information to the
Commission in connection with this
proceeding must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will acknowledge that information
submitted in response to this request for
information and throughout this
proceeding or other proceeding 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, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements.
Written submissions.—Pursuant to
section 207.61 of the Commission’s
rules, each interested party response to
this notice must provide the information
specified below. The deadline for filing
such responses is May 1, 2019. Pursuant
to section 207.62(b) of the Commission’s
rules, eligible parties (as specified in
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
Commission rule 207.62(b)(1)) may also
file comments concerning the adequacy
of responses to the notice of institution
and whether the Commission should
conduct an expedited or full review.
The deadline for filing such comments
is June 13, 2019. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
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 https://edis.usitc.gov,
elaborates upon the Commission’s rules
with respect to electronic filing. Also, in
accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
proceeding must be served on all other
parties to the proceeding (as identified
by either the public or APO service list
as appropriate), and a certificate of
service must accompany the document
(if you are not a party to the proceeding
you do not need to serve your response).
No response to this request for
information is required if a currently
valid Office of Management and Budget
(‘‘OMB’’) number is not displayed; the
OMB number is 3117 0016/USITC No.
19–5–427, expiration date June 30,
2020. Public reporting burden for the
request is estimated to average 15 hours
per response. Please send comments
regarding the accuracy of this burden
estimate to the Office of Investigations,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436.
Inability to provide requested
information.—Pursuant to section
207.61(c) of the Commission’s rules, any
interested party that cannot furnish the
information requested by this notice in
the requested form and manner shall
notify the Commission at the earliest
possible time, provide a full explanation
of why it cannot provide the requested
information, and indicate alternative
forms in which it can provide
equivalent information. If an interested
party does not provide this notification
(or the Commission finds the
explanation provided in the notification
inadequate) and fails to provide a
complete response to this notice, the
Commission may take an adverse
inference against the party pursuant to
section 776(b) of the Act (19 U.S.C.
1677e(b)) in making its determination in
the review.
Information To Be Provided in
Response to This Notice of Institution:
As used below, the term ‘‘firm’’ includes
any related firms.
VerDate Sep<11>2014
17:22 Mar 29, 2019
Jkt 247001
(1) The name and address of your firm
or entity (including World Wide Web
address) and name, telephone number,
fax number, and Email address of the
certifying official.
(2) A statement indicating whether
your firm/entity is an interested party
under 19 U.S.C. 1677(9) and if so, how,
including whether your firm/entity is a
U.S. producer of the Domestic Like
Product, a U.S. union or worker group,
a U.S. importer of the Subject
Merchandise, a foreign producer or
exporter of the Subject Merchandise, a
U.S. or foreign trade or business
association (a majority of whose
members are interested parties under
the statute), or another interested party
(including an explanation). If you are a
union/worker group or trade/business
association, identify the firms in which
your workers are employed or which are
members of your association.
(3) A statement indicating whether
your firm/entity is willing to participate
in this proceeding by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the antidumping duty
order on the Domestic Industry in
general and/or your firm/entity
specifically. In your response, please
discuss the various factors specified in
section 752(a) of the Act (19 U.S.C.
1675a(a)) including the likely volume of
subject imports, likely price effects of
subject imports, and likely impact of
imports of Subject Merchandise on the
Domestic Industry.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Product. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in the Subject
Country that currently export or have
exported Subject Merchandise to the
United States or other countries after
2012.
(7) A list of 3–5 leading purchasers in
the U.S. market for the Domestic Like
Product and the Subject Merchandise
(including street address, World Wide
Web address, and the name, telephone
number, fax number, and Email address
of a responsible official at each firm).
(8) A list of known sources of
information on national or regional
prices for the Domestic Like Product or
the Subject Merchandise in the U.S. or
other markets.
(9) If you are a U.S. producer of the
Domestic Like Product, provide the
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
12291
following information on your firm’s
operations on that product during
calendar year 2018, except as noted
(report quantity data in pounds and
value data in U.S. dollars, f.o.b. plant).
If you are a union/worker group or
trade/business association, provide the
information, on an aggregate basis, for
the firms in which your workers are
employed/which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Product accounted for by your
firm’s(s’) production;
(b) Capacity (quantity) of your firm to
produce the Domestic Like Product (that
is, the level of production that your
establishment(s) could reasonably have
expected to attain during the year,
assuming normal operating conditions
(using equipment and machinery in
place and ready to operate), normal
operating levels (hours per week/weeks
per year), time for downtime,
maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S.
commercial shipments of the Domestic
Like Product produced in your U.S.
plant(s);
(d) the quantity and value of U.S.
internal consumption/company
transfers of the Domestic Like Product
produced in your U.S. plant(s); and
(e) the value of (i) net sales, (ii) cost
of goods sold (COGS), (iii) gross profit,
(iv) selling, general and administrative
(SG&A) expenses, and (v) operating
income of the Domestic Like Product
produced in your U.S. plant(s) (include
both U.S. and export commercial sales,
internal consumption, and company
transfers) for your most recently
completed fiscal year (identify the date
on which your fiscal year ends).
(10) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from the Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2018 (report quantity data
in pounds and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping duties) of U.S. imports
and, if known, an estimate of the
percentage of total U.S. imports of
Subject Merchandise from the Subject
Country accounted for by your firm’s(s’)
imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
E:\FR\FM\01APN1.SGM
01APN1
12292
Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
U.S. commercial shipments of Subject
Merchandise imported from the Subject
Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. internal consumption/company
transfers of Subject Merchandise
imported from the Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2018
(report quantity data in pounds and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping duties). If you
are a trade/business association, provide
the information, on an aggregate basis,
for the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in the Subject Country accounted for by
your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
the Subject Country (that is, the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
the Subject Country after 2012, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
VerDate Sep<11>2014
17:22 Mar 29, 2019
Jkt 247001
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in the Subject
Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: March 26, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–06190 Filed 3–29–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1065]
Certain Mobile Electronic Devices and
Radio Frequency and Processing
Components Thereof; Notice of the
Commission’s Final Determination
Finding No Violation of Section 337;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined that no violation of Section
337 of the Tariff Act of 1930 (‘‘Section
337’’), has been proven in the abovecaptioned investigation and accordingly
no remedial orders shall be issued,
which renders moot any issues of
remedy, the public interest, or bonding.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. 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,
SUMMARY:
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
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 Information System
(‘‘EDIS’’) (https://edis.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On August
14, 2017, the Commission instituted this
investigation based on a Complaint and
amendment thereto filed by Qualcomm
Incorporated of San Diego, California
(‘‘Qualcomm’’). 82 FR 37899 (Aug. 14,
2017). The Complaint alleged that 19
U.S.C. 1337, as amended (‘‘Section
337’’), has been violated by way of
importation into the United States, sale
for importation, or sale within the
United States after importation of
certain mobile electronic devices and
radio frequency and processing
components thereof that infringe one or
more claims of U.S. Patent No.
9,535,490 (‘‘the ’490 patent’’), U.S.
Patent No. 8,698,558 (‘‘the ’558 patent’’),
U.S. Patent No. 8,633,936 (‘‘the ’936
patent’’), U.S. Patent No. 8,838,949 (‘‘the
’949 patent’’), U.S. Patent No. 9,608,675
(‘‘the ’675 patent’’), and U.S. Patent No.
8,487,658 (‘‘the ’658 patent’’). The
notice of investigation named Apple
Inc. of Cupertino, California (‘‘Apple’’)
as Respondent. The Commission also
named the Office of Unfair Import
Investigations (‘‘OUII’’) as a party.
The Commission, following
Qualcomm’s motions, partially
terminated the investigation with
respect to the following claims and
patents: All asserted claims of the ’658,
’949, and ’675 patents; claims 1, 20–24,
26, 38, 67, and 68 of the ’936 patent;
claims 1, 6, and 8–20 of the ’558 patent;
and claims 1–6, 8, 10, and 16–17 of the
’490 patent. Comm’n Notice (July 17,
2018) (aff’g Order No. 43); Comm’n
Notice (May 23, 2018) (aff’g Order No.
37); Comm’n Notice (May 9, 2018)
(amending notice of investigation);
Comm’n Notice (Apr. 6, 2018) (aff’g
Order No. 34); Comm’n Notice (Mar. 22,
2018) (aff’g Order No. 24); Comm’n
Notice (Sept. 20, 2017) (aff’g Order No.
6). The only claims that remain at issue
in this investigation are claim 31 of the
’490 patent, claim 7 of the ’558 patent,
and claims 19, 25, and 27 of the ’936
patent.
The ALJ held an evidentiary hearing
from June 19–27, 2018. On September
28, 2018, the ALJ issued a combined
initial determination (‘‘ID’’) on violation
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12289-12292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06190]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-752 (Fourth Review)]
Crawfish Tail Meat From China; Institution of a Five-Year Review
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to
determine whether revocation of the antidumping duty order on crawfish
tail meat from China would be likely to lead to continuation or
recurrence of material injury. Pursuant to the Act, interested parties
are requested to respond to this notice by submitting the information
specified below to the Commission.
DATES: Instituted April 1, 2019. To be assured of consideration, the
deadline for responses is May 1, 2019. Comments on the adequacy of
responses may be filed with the Commission by June 13, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-
[[Page 12290]]
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
(https://www.usitc.gov). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On September 15, 1997, the Department of Commerce
(``Commerce'') issued an antidumping duty order on imports of crawfish
tail meat from China (62 FR 48218). Following the first five-year
reviews by Commerce and the Commission, effective August 13, 2003,
Commerce issued a continuation of the antidumping duty order on imports
of crawfish tail meat from China (68 FR 48340). Following the second
five-year reviews by Commerce and the Commission, effective December
11, 2008, Commerce issued a continuation of the antidumping duty order
on imports of crawfish tail meat from China (73 FR 75392). Following
the third five-year reviews by Commerce and the Commission, effective
May 16, 2014, Commerce issued a continuation of the antidumping duty
order on imports of crawfish tail meat from China (79 FR 28483). The
Commission is now conducting a fourth review pursuant to section 751(c)
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether
revocation of the order would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time. Provisions concerning the conduct of this
proceeding may be found in the Commission's Rules of Practice and
Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207,
subparts A and F. The Commission will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct a full review or an expedited review. The Commission's
determination in any expedited review will be based on the facts
available, which may include information provided in response to this
notice.
Definitions.--The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination, full first five-year review determination, and expedited
second and third five-year review determinations, the Commission
defined the Domestic Like Product as crawfish tail meat, coextensive
with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination, full
first five-year review determination, and expedited second and third
five-year review determinations, the Commission defined the Domestic
Industry to encompass all domestic producers of crawfish tail meat,
including processors but not the farmers and fishermen who harvest live
crawfish.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with this proceeding must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will acknowledge that
information submitted in response to this request for information and
throughout this proceeding or other proceeding 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, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is May 1, 2019. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in
[[Page 12291]]
Commission rule 207.62(b)(1)) may also file comments concerning the
adequacy of responses to the notice of institution and whether the
Commission should conduct an expedited or full review. The deadline for
filing such comments is June 13, 2019. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with 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 https://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing. Also, in
accordance with sections 201.16(c) and 207.3 of the Commission's rules,
each document filed by a party to the proceeding must be served on all
other parties to the proceeding (as identified by either the public or
APO service list as appropriate), and a certificate of service must
accompany the document (if you are not a party to the proceeding you do
not need to serve your response).
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 19-5-427, expiration
date June 30, 2020. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436.
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determination in the review.
Information To Be Provided in Response to This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty order on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2012.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2018, except as noted (report quantity
data in pounds and value data in U.S. dollars, f.o.b. plant). If you
are a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2018 (report quantity data in pounds and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from the
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of
[[Page 12292]]
U.S. commercial shipments of Subject Merchandise imported from the
Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2018 (report quantity
data in pounds and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping duties). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country after 2012, and significant changes,
if any, that are likely to occur within a reasonably foreseeable time.
Supply conditions to consider include technology; production methods;
development efforts; ability to increase production (including the
shift of production facilities used for other products and the use,
cost, or availability of major inputs into production); and factors
related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in
market demand abroad). Demand conditions to consider include end uses
and applications; the existence and availability of substitute
products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the
Subject Country, and such merchandise from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
By order of the Commission.
Issued: March 26, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06190 Filed 3-29-19; 8:45 am]
BILLING CODE 7020-02-P
