Certain Full-Capture Arrow Rests and Components Thereof; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 by the Defaulting Respondents; Request for Written Submissions on Remedy, Bonding, and the Public Interest, 20163-20164 [2019-09396]

Download as PDF 20163 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices a published major portion price, you must submit to ONRR, by the due date, an amended form ONRR–2014, Report of Sales and Royalty Remittance. If you do not pay the additional royalties by the due date, ONRR will bill you late associated with an index zone. The due date is the end of the month, following 60 days after the publication date of this notice in the Federal Register. payment interest under 30 CFR 1218.54. The interest will accrue from the due date until ONRR receives your payment and an amended form ONRR–2014. The table below lists the major portion prices for all designated areas not GAS MAJOR PORTION PRICES ($/MMBtu) FOR DESIGNATED AREAS NOT ASSOCIATED WITH AN INDEX ZONE Jan 2017 ONRR-designated areas Blackfeet Reservation ............................................................... Fort Belknap Reservation ......................................................... Fort Berthold Reservation ......................................................... Fort Peck Reservation .............................................................. Navajo Allotted Leases in the Navajo Reservation .................. Turtle Mountain Reservation ..................................................... For information on how to report additional royalties due to major portion prices, please refer to our Dear Payor letter dated December 1, 1999, on the ONRR website at http://www.onrr.gov/ ReportPay/PDFDocs/991201.pdf. Authorities: Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq.; Indian Mineral Development Act of 1920, 30 U.S.C. 2103 et seq.; Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1701 et seq. Gregory J. Gould, Director for Office of Natural Resources Revenue. [FR Doc. 2019–09404 Filed 5–7–19; 8:45 am] BILLING CODE 4335–30–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1117] Certain Full-Capture Arrow Rests and Components Thereof; Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion for Summary Determination of Violation of Section 337 by the Defaulting Respondents; Request for Written Submissions on Remedy, Bonding, and the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 13) of the presiding administrative law judge (‘‘ALJ’’), granting complainant’s motion for summary determination of violation of section 337 of the Tariff Act of 1930, by the defaulting respondents. The Commission is requesting written submissions on remedy, bonding, and the public interest. khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 2.66 3.61 3.62 3.55 3.40 3.68 Feb 2017 Mar 2017 2.31 2.95 2.77 3.19 3.06 2.81 2.35 2.11 2.25 2.53 2.36 2.06 Apr 2017 2.61 2.42 2.54 2.94 2.63 2.38 May 2017 Jun 2017 2.73 2.40 2.54 2.79 2.63 2.34 2.36 2.55 2.49 2.48 2.72 2.49 FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. 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. The Commission instituted this investigation on June 11, 2018, based on a complaint filed on behalf of Bear Archery, Inc. (‘‘Bear Archery’’) of Evansville, Indiana. 83 FR 27021–22 (June 11, 2018). The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain full-capture arrow rests and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,978,775 (‘‘the ’775 patent’’). The Commission’s notice of investigation named as respondents 2BULBS Technology Co. Ltd. of Jiangsu, China; Ningbo Linkboy Outdoor Sports Co., Ltd. of Zhejiang, China; Shenzhen Keepmyway Tech. Co., Ltd., Wenqing Zhang, Tingting Ye, and Tao Li, all of Guangdong, China; Zhengzhou IRQ Outdoor Sports Co., Ltd. of Henan, China; and Sean Yuan of Shandong, China. The Office of Unfair Import SUPPLEMENTARY INFORMATION: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Jul 2017 1.61 2.38 2.38 2.78 2.65 2.49 Aug 2017 1.73 2.36 2.54 2.86 2.61 2.60 Sept 2017 0.99 2.36 2.55 3.11 2.55 2.60 Oct 2017 0.70 2.26 2.49 3.76 2.41 2.56 Nov 2017 2.22 2.35 2.67 3.52 2.46 3.16 Dec 2017 1.94 2.54 3.67 3.55 2.61 2.83 Investigations (‘‘OUII’’) is also a party to the investigation. All respondents in the investigation have been found in default. See Order No. 9 (Oct. 29, 2018), unreviewed by Comm’n Notice (Nov. 26, 2018). On October 26, 2018, Bear Archery moved for summary determination of violation of section 337 by the defaulting respondents and requested a general exclusion order (‘‘GEO’’). On November 21, OUII filed a response supporting the motion. The ALJ issued the subject ID on March 19, 2019, granting the motion for summary determination and finding a violation of section 337 for the ’775 patent. Specifically, the ALJ found that Bear Archery established infringement of claims 1–2 and 32 of the ’775 patent with respect to each defaulting respondent’s accused product by substantial, reliable, and probative evidence. The ALJ recommended that the Commission issue a GEO if it finds a violation of section 337. No party petitioned for review of the subject ID. Having examined the record of this investigation, the Commission has determined not to review the subject ID. As noted above, all eight respondents were found in default. Section 337(g) and Commission Rule 210.16(c) authorize the Commission to issue relief against respondents found in default unless, after considering the public interest, it finds that such relief should not issue. Before the ALJ, Bear Archery sought a GEO under section 337(g)(2). In connection with the final disposition of this investigation, the Commission may issue an order that could result in the exclusion of the subject articles from entry into the United States. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for E:\FR\FM\08MYN1.SGM 08MYN1 khammond on DSKBBV9HB2PROD with NOTICES 20164 Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (December 1994). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. Complainant and OUII are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the date that the patent expires, the HTSUS numbers under which the accused products are imported, and to supply the names of known importers of the products at issue in this investigation. The written submissions and proposed remedial orders must be filed no later than close of business on [two weeks from the date of this notice], 2019. Reply submissions must be filed no later than the close of business on [one week later], 2019. No VerDate Sep<11>2014 16:57 May 07, 2019 Jkt 247001 further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit eight true paper copies to the Office of the Secretary pursuant to Section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337– TA–1117’’) in a prominent place on the cover page and/or the first page. (See Handbook on Filing Procedures, https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary at (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation 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,1 solely for cybersecurity purposes. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 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. 1 All contract personnel will sign appropriate nondisclosure agreements. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 Issued: May 2, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–09396 Filed 5–7–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 701–TA–486 and 731–TA– 1195–1196 (Review)] Utility Scale Wind Towers From China and Vietnam; Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the countervailing duty order on utility scale wind towers from China and the antidumping duty orders on utility scale wind towers from China and Vietnam would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.2 Background The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)), instituted these reviews on January 2, 2018 (83 FR 142) and determined on April 9, 2018 that it would conduct full reviews (83 FR 17446, April 19, 2018). Notice of the scheduling of the Commission’s reviews and of a public hearing 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 on September 13, 2018 (83 FR 46516). Effective February 4, 2019, the Commission revised its schedule due to the lapse in appropriations and ensuing cessation of Commission operations (84 FR 2926, February 8, 2019). The Commission cancelled the hearing scheduled on February 28, 2019 following a request by the sole party to the proceeding (84 FR 7934, March 5, 2019). In lieu of a hearing, the domestic producers responded to written questions submitted by the Commission as part of their posthearing brief. The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It 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 Chairman David S. Johanson dissenting with respect to the antidumping duty order on utility scale wind towers from Vietnam. Commissioner Meredith M. Broadbent not participating. E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20163-20164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09396]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1117]


Certain Full-Capture Arrow Rests and Components Thereof; 
Commission Determination Not To Review an Initial Determination 
Granting Complainant's Motion for Summary Determination of Violation of 
Section 337 by the Defaulting Respondents; Request for Written 
Submissions on Remedy, Bonding, and the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 13) of the presiding administrative law judge 
(``ALJ''), granting complainant's motion for summary determination of 
violation of section 337 of the Tariff Act of 1930, by the defaulting 
respondents. The Commission is requesting written submissions on 
remedy, bonding, and the public interest.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 June 11, 2018, based on a complaint filed on behalf of Bear Archery, 
Inc. (``Bear Archery'') of Evansville, Indiana. 83 FR 27021-22 (June 
11, 2018). The complaint alleges violations of section 337 based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain full-
capture arrow rests and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 6,978,775 (``the '775 patent''). The 
Commission's notice of investigation named as respondents 2BULBS 
Technology Co. Ltd. of Jiangsu, China; Ningbo Linkboy Outdoor Sports 
Co., Ltd. of Zhejiang, China; Shenzhen Keepmyway Tech. Co., Ltd., 
Wenqing Zhang, Tingting Ye, and Tao Li, all of Guangdong, China; 
Zhengzhou IRQ Outdoor Sports Co., Ltd. of Henan, China; and Sean Yuan 
of Shandong, China. The Office of Unfair Import Investigations 
(``OUII'') is also a party to the investigation. All respondents in the 
investigation have been found in default. See Order No. 9 (Oct. 29, 
2018), unreviewed by Comm'n Notice (Nov. 26, 2018).
    On October 26, 2018, Bear Archery moved for summary determination 
of violation of section 337 by the defaulting respondents and requested 
a general exclusion order (``GEO''). On November 21, OUII filed a 
response supporting the motion.
    The ALJ issued the subject ID on March 19, 2019, granting the 
motion for summary determination and finding a violation of section 337 
for the '775 patent. Specifically, the ALJ found that Bear Archery 
established infringement of claims 1-2 and 32 of the '775 patent with 
respect to each defaulting respondent's accused product by substantial, 
reliable, and probative evidence. The ALJ recommended that the 
Commission issue a GEO if it finds a violation of section 337. No party 
petitioned for review of the subject ID.
    Having examined the record of this investigation, the Commission 
has determined not to review the subject ID.
    As noted above, all eight respondents were found in default. 
Section 337(g) and Commission Rule 210.16(c) authorize the Commission 
to issue relief against respondents found in default unless, after 
considering the public interest, it finds that such relief should not 
issue. Before the ALJ, Bear Archery sought a GEO under section 
337(g)(2).
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for

[[Page 20164]]

consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or likely to do so. For background, see Certain 
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainant and OUII are also requested to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the date that the patent expires, the HTSUS numbers 
under which the accused products are imported, and to supply the names 
of known importers of the products at issue in this investigation. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on [two weeks from the date of this notice], 
2019. Reply submissions must be filed no later than the close of 
business on [one week later], 2019. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to Section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-1117'') in a prominent place on the cover page and/or the 
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation 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,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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: May 2, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-09396 Filed 5-7-19; 8:45 am]
 BILLING CODE 7020-02-P