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]
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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
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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).
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18:18 Apr 11, 2019
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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:
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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).
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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
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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
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[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]
-----------------------------------------------------------------------
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
