Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 14971-14972 [2019-07254]

Download as PDF Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Notices Background INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–618–619 and 731–TA–1441–1444 (Preliminary)] Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand, provided for in subheading 7318.15.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the governments of China and India.2 jbell on DSK30RV082PROD with NOTICES Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. On February 21, 2019, Vulcan Threaded Products Inc., Pelham, Alabama, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of carbon and alloy steel threaded rod from China and India and LTFV imports of carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand. Accordingly, effective February 21, 2019, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation Nos. 701–TA–618–619 and antidumping duty investigation Nos. 731–TA–1441–1444 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of February 28, 2019 (84 FR 6817). The conference was held in Washington, DC, on March 14, 2019, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on April 8, 2019. The views of the Commission are contained in USITC Publication 4885 (April 2019), entitled Carbon and Alloy Steel Threaded Rod from China, India, Taiwan, and Thailand: Investigation Nos. 701–TA–618–619 and 731–TA– 1441–1444 (Preliminary). By order of the Commission. Issued: April 8, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–07246 Filed 4–11–19; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 84 FR 10034 and 84 FR 10040 (March 19, 2019). VerDate Sep<11>2014 18:18 Apr 11, 2019 Jkt 247001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 14971 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1074] Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order (‘‘GEO’’) denying entry of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe complainant’s asserted trademarks. The Commission has also issued a cease and desist order (‘‘CDO’’) directed to respondent Fractioni (Hongkong) Ltd. (‘‘Fractioni’’). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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 October 16, 2017, based on a complaint filed by Complainant Rockwell Automation, Inc. of Milwaukee, Wisconsin (‘‘Complainant’’ or ‘‘Rockwell’’). See 82 FR 48113–15 (Oct. 16, 2017). The complaint, as SUMMARY: E:\FR\FM\12APN1.SGM 12APN1 jbell on DSK30RV082PROD with NOTICES 14972 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Notices supplemented, alleges violations of section 337 based on the infringement of certain registered trademarks and copyrights and on unfair methods of competition and unfair acts in the importation or sale of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies, the threat or effect of which is to destroy or substantially injure an industry in the United States. See id. The notice of investigation identifies fifteen respondents: Can Electric Limited of Guangzhou, China (‘‘Can Electric’’); Capnil (HK) Company Limited of Hong Kong (‘‘Capnil’’); Fractioni of Shanghai, China; Fujian Dahong Trade Co. of Fujian, China (‘‘Dahong’’); GreySolution Limited d/b/ a Fibica of Hong Kong (‘‘GreySolution’’); Huang Wei Feng d/b/a A–O–M Industry of Shenzhen, China (‘‘Huang’’); KBS Electronics Suzhou Co, Ltd. of Shanghai, China (‘‘KBS’’); PLC–VIP Shop d/b/a VIP Tech Limited of Hong Kong (‘‘PLC–VIP’’); Radwell International, Inc. d/b/a PLC Center of Willingboro, New Jersey (‘‘Radwell’’); Shanghai EuoSource Electronic Co., Ltd of Shanghai, China (‘‘EuoSource’’); ShenZhen T-Tide Trading co., Ltd. of Shenzhen, China (‘‘T-Tide’’); SoBuy Commercial (HK) Co. Limited of Hong Kong (‘‘SoBuy’’); Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics Co. LTD. of Jiangsu, China (‘‘Suzhou’’); Wenzhou Sparker Group Co. Ltd., d/b/a Sparker Instruments of Wenzhou, China (‘‘Sparker’’); and Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China (‘‘Yaspro’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party in this investigation. See id. Nine respondents were found in default, namely, Fractioni, GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can Electric (collectively, ‘‘the Defaulted Respondents’’). See Order No. 17 (Feb. 1, 2018), unreviewed, Comm’n Notice (Feb. 26, 2018); Order No. 32 (June 28, 2018), unreviewed, Comm’n Notice (July 24, 2018). In addition, five unserved respondents (Capnil, Dahong, Huang, PLC–VIP, and Sparker) were terminated from the investigation and one respondent (Radwell) was terminated based on the entry of a consent order. See Order No. 41 (July 17, 2018), unreviewed, Comm’n Notice (Aug. 13, 2018); Order No. 42 (July 20, 2018), unreviewed, Comm’n Notice (Aug. 15, 2018). VerDate Sep<11>2014 18:18 Apr 11, 2019 Jkt 247001 On October 23, 2018, the ALJ issued a final initial determination (‘‘FID’’) finding a violation of section 337 by the Defaulted Respondents based on the infringement of Complainant’s asserted trademarks, namely, U.S. Trademark Reg. Nos. 1172995, 696401, 693780, 1172994, 712800, 712836, 2510226, 2671196, 2701786, and 2412742. The ALJ also recommended that the Commission: (1) Issue a GEO; (2) issue a CDO against defaulted respondent Fractioni; and (3) set a bond at 100% of the entered value of the infringing products during the period of Presidential review. No petitions for review of the subject FID were filed. On December 20, 2018, the Commission issued a notice determining not to review the FID. See 83 FR 67346–48 (Dec. 28, 2018). The Commission’s determination resulted in a finding of a section 337 violation. See id. The Commission’s notice also requested written submissions on remedy, the public interest, and bonding. On February 15, 2019, Complainant and OUII submitted written submissions and on February 22, 2019, OUII submitted a reply submission in response to the Commission’s notice. As explained in the Commission’s Opinion issued concurrently herewith, the Commission has determined that the appropriate remedy in this investigation is: (1) A GEO prohibiting the unlicensed entry of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe Complainant’s asserted trademarks, pursuant to 19 U.S.C. 1337(d)(2), and (2) a CDO directed to defaulted respondent Fractioni, pursuant to 19 U.S.C. 1337(f)(1). The Commission has also determined that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the GEO. The Commission has further determined that the public interest factors enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of the GEO and CDO. Commissioner Schmidtlein disagrees with the Commission’s decision not to issue cease and desist orders against all of the defaulting respondents under section 337(g)(1), and her views have been filed on EDIS. The Commission’s opinion and orders were delivered to the President and to PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 the United States Trade Representative on the day of 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: April 8, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–07254 Filed 4–11–19; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Openjs Foundation (Formerly Node.js Foundation) Notice is hereby given that, on April 1, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Node.js Foundation has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Node.js Foundation, has changed its name to OpenJS Foundation. Specifically, Sauce Labs, San Francisco, CA; RisingStack, Budapest, HUNGARY; Yahoo Inc., Sunnyvale, CA; Dynatrace LLC, Waltham, MA; BitRock, Inc. d/b/a Bitnami, San Francisco, CA; Chef Software, Inc., Seattle, WA; and Keymetrics Inc., Paris, FRANCE, have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and OpenJS Foundation intends to file additional written notifications disclosing all changes in membership. On August 17, 2015, Node.js Foundation filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on September 28, 2015 (80 FR 58297). The last notification was filed with the Department on October 5, 2018. A notice was published in the Federal E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 14971-14972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07254]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1074]


Certain Industrial Automation Systems and Components Thereof 
Including Control Systems, Controllers, Visualization Hardware, Motion 
and Motor Control Systems, Networking Equipment, Safety Devices, and 
Power Supplies; Issuance of a General Exclusion Order and a Cease and 
Desist Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a general exclusion order (``GEO'') denying entry 
of certain industrial automation systems and components thereof 
including control systems, controllers, visualization hardware, motion 
and motor control systems, networking equipment, safety devices, and 
power supplies that infringe complainant's asserted trademarks. The 
Commission has also issued a cease and desist order (``CDO'') directed 
to respondent Fractioni (Hongkong) Ltd. (``Fractioni''). The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 October 16, 2017, based on a complaint filed by Complainant Rockwell 
Automation, Inc. of Milwaukee, Wisconsin (``Complainant'' or 
``Rockwell''). See 82 FR 48113-15 (Oct. 16, 2017). The complaint, as

[[Page 14972]]

supplemented, alleges violations of section 337 based on the 
infringement of certain registered trademarks and copyrights and on 
unfair methods of competition and unfair acts in the importation or 
sale of certain industrial automation systems and components thereof 
including control systems, controllers, visualization hardware, motion 
and motor control systems, networking equipment, safety devices, and 
power supplies, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. See id. The 
notice of investigation identifies fifteen respondents: Can Electric 
Limited of Guangzhou, China (``Can Electric''); Capnil (HK) Company 
Limited of Hong Kong (``Capnil''); Fractioni of Shanghai, China; Fujian 
Dahong Trade Co. of Fujian, China (``Dahong''); GreySolution Limited d/
b/a Fibica of Hong Kong (``GreySolution''); Huang Wei Feng d/b/a A-O-M 
Industry of Shenzhen, China (``Huang''); KBS Electronics Suzhou Co, 
Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop d/b/a VIP Tech Limited 
of Hong Kong (``PLC-VIP''); Radwell International, Inc. d/b/a PLC 
Center of Willingboro, New Jersey (``Radwell''); Shanghai EuoSource 
Electronic Co., Ltd of Shanghai, China (``EuoSource''); ShenZhen T-Tide 
Trading co., Ltd. of Shenzhen, China (``T-Tide''); SoBuy Commercial 
(HK) Co. Limited of Hong Kong (``SoBuy''); Suzhou Yi Micro Optical Co., 
Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics 
Co. LTD. of Jiangsu, China (``Suzhou''); Wenzhou Sparker Group Co. 
Ltd., d/b/a Sparker Instruments of Wenzhou, China (``Sparker''); and 
Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China 
(``Yaspro''). See id. The Office of Unfair Import Investigations 
(``OUII'') is also a party in this investigation. See id.
    Nine respondents were found in default, namely, Fractioni, 
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can 
Electric (collectively, ``the Defaulted Respondents''). See Order No. 
17 (Feb. 1, 2018), unreviewed, Comm'n Notice (Feb. 26, 2018); Order No. 
32 (June 28, 2018), unreviewed, Comm'n Notice (July 24, 2018). In 
addition, five unserved respondents (Capnil, Dahong, Huang, PLC-VIP, 
and Sparker) were terminated from the investigation and one respondent 
(Radwell) was terminated based on the entry of a consent order. See 
Order No. 41 (July 17, 2018), unreviewed, Comm'n Notice (Aug. 13, 
2018); Order No. 42 (July 20, 2018), unreviewed, Comm'n Notice (Aug. 
15, 2018).
    On October 23, 2018, the ALJ issued a final initial determination 
(``FID'') finding a violation of section 337 by the Defaulted 
Respondents based on the infringement of Complainant's asserted 
trademarks, namely, U.S. Trademark Reg. Nos. 1172995, 696401, 693780, 
1172994, 712800, 712836, 2510226, 2671196, 2701786, and 2412742. The 
ALJ also recommended that the Commission: (1) Issue a GEO; (2) issue a 
CDO against defaulted respondent Fractioni; and (3) set a bond at 100% 
of the entered value of the infringing products during the period of 
Presidential review. No petitions for review of the subject FID were 
filed.
    On December 20, 2018, the Commission issued a notice determining 
not to review the FID. See 83 FR 67346-48 (Dec. 28, 2018). The 
Commission's determination resulted in a finding of a section 337 
violation. See id. The Commission's notice also requested written 
submissions on remedy, the public interest, and bonding. On February 
15, 2019, Complainant and OUII submitted written submissions and on 
February 22, 2019, OUII submitted a reply submission in response to the 
Commission's notice.
    As explained in the Commission's Opinion issued concurrently 
herewith, the Commission has determined that the appropriate remedy in 
this investigation is: (1) A GEO prohibiting the unlicensed entry of 
certain industrial automation systems and components thereof including 
control systems, controllers, visualization hardware, motion and motor 
control systems, networking equipment, safety devices, and power 
supplies that infringe Complainant's asserted trademarks, pursuant to 
19 U.S.C. 1337(d)(2), and (2) a CDO directed to defaulted respondent 
Fractioni, pursuant to 19 U.S.C. 1337(f)(1). The Commission has also 
determined that the bond during the period of Presidential review 
pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of 
the entered value of the imported articles that are subject to the GEO. 
The Commission has further determined that the public interest factors 
enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), 
(f)(1)) do not preclude the issuance of the GEO and CDO.
    Commissioner Schmidtlein disagrees with the Commission's decision 
not to issue cease and desist orders against all of the defaulting 
respondents under section 337(g)(1), and her views have been filed on 
EDIS.
    The Commission's opinion and orders were delivered to the President 
and to the United States Trade Representative on the day of 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: April 8, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-07254 Filed 4-11-19; 8:45 am]
BILLING CODE P