Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Issuance of a Limited Exclusion Order Against Respondents Found in Default; Issuance of a Cease and Desist Order; Termination of the Investigation, 35883-35884 [2019-15801]
Download as PDF
Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1008 (Remand)]
Certain Carbon Spine Board, Cervical
Collar, CPR Masks and Various
Medical Training Manikin Devices, and
Trademarks, Copyrights of Product
Catalogues, Product Inserts and
Components Thereof; Issuance of a
Limited Exclusion Order Against
Respondents Found in Default;
Issuance of 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 limited
exclusion order (‘‘LEO’’) against certain
products of eleven respondents found in
default. The Commission has also
issued a cease and desist order (‘‘CDO’’)
against respondent Basic Medical
Supply, LLC. The investigation is
terminated.
SUMMARY:
jspears on DSK30JT082PROD with NOTICES
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://
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 24, 2016, based on an amended
complaint, as supplemented, filed by
Laerdal Medical Corp. of Wappingers
Falls, New York, and Laerdal Medical
AS of Stavanger, Norway (together,
‘‘Laerdal’’). 81 FR 41349–50. The
investigation was instituted to
determine whether there is a violation
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’), in the importation into the
United States, the sale for importation,
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16:56 Jul 24, 2019
Jkt 247001
and the sale within the United States
after importation of certain carbon spine
board, cervical collar, CPR masks,
various medical training manikin
devices, trademarks, copyrights of
product catalogues and product inserts,
and components thereof by reason of
infringement of one or more of U.S.
Patent No. 6,090,058 (‘‘the ’058 patent’’),
U.S. Trademark Registration No.
3,476,656 (‘‘the ’656 trademark’’), U.S.
Copyright Registration Nos. VA 1–879–
023 and VA 1–879–026, or by reason of
trade dress misappropriation and
infringement. Id. at 41349. The
Commission’s notice of investigation
named as respondents Shanghai Evenk
International Trading Co., Ltd.,
Shanghai Honglian Medical Instrument
Development Co., Ltd., and Shanghai
Jolly Medical Education Co., Ltd., all of
Shanghai, China; Zhangjiagang Xiehe
Medical Apparatus & Instruments Co.,
Ltd., Zhangjiagang New Fellow Med
Co., Ltd., Jiangsu Yongxin Medical
Equipment Co., Ltd., and Jiangsu
Yongxin Medical-Use Facilities Making,
Co., Ltd, all of Zhangjiagang City, China;
Jiangyin Everise Medical Devices Co.,
Ltd., of Jiangyin City, China; Medsource
International Co., Ltd. and Medsource
Factory, Inc. of PuDong, China; and
Basic Medical Supply, LLC of
Richmond, Texas (collectively,
‘‘Respondents’’). Id. at 41350. The Office
of Unfair Import Investigations was also
named as a party. Id.
On November 21, 2016, the ALJ
issued an initial determination finding
all of the Respondents in default for
failing to respond to the complaint and
notice of investigation, Order No. 6
(Nov. 21, 2016). The Commission
declined to review that determination,
Notice (Dec. 20, 2016). The Commission
determined to issue an LEO and a CDO
with respect to the ’058 patent and the
’656 trademark, but declined to issue
any relief with respect to Laerdal’s trade
dress or copyright claims. Comm’n Op.
(Jun. 14, 2017). The Commission found
that, even when the facts in Laerdal’s
complaint were taken as true, Laerdal’s
trade dress allegations were inadequate
because Laerdal failed to specify its
trade dresses, failed to show that its
trade dress was nonfunctional, and
failed to allege an adequate injury. Id. at
8–11. The Commission also found that
Laerdal’s copyright allegations were
legally erroneous. Id. at 5–8.
Laerdal appealed the Commission’s
denial of trade dress relief. On
December 7, 2018, the Federal Circuit
held that the Commission erred by
refusing to issue trade dress relief based
on the allegations in the amended
complaint, and remanded the
proceeding to the Commission for a
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Frm 00035
Fmt 4703
Sfmt 4703
35883
determination on the proper trade dress
remedy and the public interest. Laerdal
Med. Corp. v. Int’l Trade Comm’n, 910
F.3d 1207, 1210, 1216 (Fed. Cir. 2018).
The Court’s mandate issued on January
29, 2019.
On March 26, 2019, the Commission
ordered Laerdal and OUII to: (1) Define
each trade dress at issue; (2) explain
what remedy is appropriate for each
trade dress; (3) explain the effect of each
remedy on the public interest; and (4)
provide proposed remedial orders.
Order (Mar. 26, 2019). Laerdal and OUII
each provided responses on April 15,
2019, and reply submissions on April
29, 2019. On April 30, 2019, Laerdal
provided corrected versions of its
proposed LEO and CDO. The
submissions agreed that the appropriate
remedy is the entry of an LEO against
Respondents and the entry of a CDO
against Basic Medical Supply, LLC
(‘‘Basic Medical’’), that the public
interest factors do not weigh against
granting these remedial orders, and that
bonding should be set at 100 percent of
the entered value of the infringing
products.
The Commission has determined that
the appropriate form of relief in this
investigation is: (a) An LEO against
Respondents prohibiting the unlicensed
entry of products that infringe Laerdal’s
trade dresses; and (b) an order that Basic
Medical cease and desist from
importing, selling, offering for sale,
marketing, advertising, distributing,
offering for sale, transferring (except for
exportation), or soliciting U.S. agents or
distributors of imported cervical collars
that infringe Laerdal’s trade dresses. The
Commission has further determined that
the public interest factors enumerated in
section 337(g)(1) (19 U.S.C. 1337(g)(1))
do not preclude the issuance of the LEO
and CDO. Finally, the Commission has
determined that the bond for
importation during the period of
Presidential review shall be in the
amount of 100 percent of the entered
value of the imported subject articles of
the respondents. The investigation is
terminated.
The Commission’s orders and opinion
were delivered to the President and the
United States Trade Representative on
the day of their 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.
E:\FR\FM\25JYN1.SGM
25JYN1
35884
Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Notices
Issued: July 22, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–15801 Filed 7–24–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–626 and 731–
TA–1452–1454 (Preliminary)]
Certain Collated Steel Staples From
China, Korea, and Taiwan;
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 certain collated steel staples (‘‘CCS
staples’’) from China, provided for in
subheading 8305.20.00 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 government of China.2 3 The
Commission further determines that
imports of CCS staples from Korea and
Taiwan that are alleged to be sold in the
United States at LTFV are negligible
pursuant to section 771(24) of the Act,
and its antidumping duty investigations
with regard to CCS staples from Korea
and Taiwan are thereby terminated
pursuant to section 703(a)(1) of the Act.
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
with respect to imports of CCS staples
from China. 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
jspears on DSK30JT082PROD with NOTICES
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 Certain Collated Steel Staples From the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 84 FR 31840, July 3, 2019. Certain
Collated Steel Staples From the People’s Republic
of China, the Republic of Korea, and Taiwan:
Initiation of Less-Than-Fair-Value Investigations, 84
FR 31833, July 3, 2019.
3 Commissioner Jason E. Kearns did not
participate in these investigations.
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16:56 Jul 24, 2019
Jkt 247001
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. Any 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.
Background
On June 6, 2019, Kyocera Senco
Industrial Tools, Inc. (‘‘Senco’’),
Cincinnati, Ohio, 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 CCS
staples from China and LTFV imports of
CCS staples from China, Korea, and
Taiwan. Accordingly, effective June 6,
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 No.
701–TA–626 and antidumping duty
investigation Nos. 731–TA–1452–1454
(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 June 14, 2019 (84 FR
27803). The conference was held in
Washington, DC, on June 27, 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 July 22, 2019. The
views of the Commission are contained
in USITC Publication 4939 (July 2019),
entitled Certain Collated Steel Staples
from China, Korea, and Taiwan:
Investigation Nos. 701–TA–626 and
731–TA–1452–1454 (Preliminary).
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By order of the Commission.
Frm 00036
Fmt 4703
Sfmt 4703
Issued: July 22, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–15830 Filed 7–24–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–19–028]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: July 30, 2019 at 9:30 a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436. Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701–TA–405–406
and 408 and 731–TA–899–901 and 906–
908 (Third Review) (Hot-Rolled Carbon
Steel Flat Products from China, India,
Indonesia, Taiwan, Thailand, and
Ukraine). The Commission is currently
scheduled to complete and file its
determinations and views of the
Commission by August 13, 2019.
5. Outstanding action jackets: None.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
AGENCY HOLDING THE MEETING:
By order of the Commission.
Issued: July 22, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–15881 Filed 7–23–19; 11:15 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1153]
Certain Bone Cements, Components
Thereof and Products Containing the
Same; Commission Determination Not
To Review an Initial Determination
Granting Complainants’ Renewed
Motion for Leave To Amend the First
Amended Complaint and Notice of
Investigation
U.S. International Trade
Commission.
AGENCY:
E:\FR\FM\25JYN1.SGM
25JYN1
Agencies
[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35883-35884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15801]
[[Page 35883]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1008 (Remand)]
Certain Carbon Spine Board, Cervical Collar, CPR Masks and
Various Medical Training Manikin Devices, and Trademarks, Copyrights of
Product Catalogues, Product Inserts and Components Thereof; Issuance of
a Limited Exclusion Order Against Respondents Found in Default;
Issuance of 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 limited exclusion order (``LEO'') against
certain products of eleven respondents found in default. The Commission
has also issued a cease and desist order (``CDO'') against respondent
Basic Medical Supply, LLC. The investigation is terminated.
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://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 24, 2016, based on an amended complaint, as supplemented, filed
by Laerdal Medical Corp. of Wappingers Falls, New York, and Laerdal
Medical AS of Stavanger, Norway (together, ``Laerdal''). 81 FR 41349-
50. The investigation was instituted to determine whether there is a
violation of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain carbon spine board, cervical collar, CPR
masks, various medical training manikin devices, trademarks, copyrights
of product catalogues and product inserts, and components thereof by
reason of infringement of one or more of U.S. Patent No. 6,090,058
(``the '058 patent''), U.S. Trademark Registration No. 3,476,656 (``the
'656 trademark''), U.S. Copyright Registration Nos. VA 1-879-023 and VA
1-879-026, or by reason of trade dress misappropriation and
infringement. Id. at 41349. The Commission's notice of investigation
named as respondents Shanghai Evenk International Trading Co., Ltd.,
Shanghai Honglian Medical Instrument Development Co., Ltd., and
Shanghai Jolly Medical Education Co., Ltd., all of Shanghai, China;
Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd.,
Zhangjiagang New Fellow Med Co., Ltd., Jiangsu Yongxin Medical
Equipment Co., Ltd., and Jiangsu Yongxin Medical-Use Facilities Making,
Co., Ltd, all of Zhangjiagang City, China; Jiangyin Everise Medical
Devices Co., Ltd., of Jiangyin City, China; Medsource International
Co., Ltd. and Medsource Factory, Inc. of PuDong, China; and Basic
Medical Supply, LLC of Richmond, Texas (collectively, ``Respondents'').
Id. at 41350. The Office of Unfair Import Investigations was also named
as a party. Id.
On November 21, 2016, the ALJ issued an initial determination
finding all of the Respondents in default for failing to respond to the
complaint and notice of investigation, Order No. 6 (Nov. 21, 2016). The
Commission declined to review that determination, Notice (Dec. 20,
2016). The Commission determined to issue an LEO and a CDO with respect
to the '058 patent and the '656 trademark, but declined to issue any
relief with respect to Laerdal's trade dress or copyright claims.
Comm'n Op. (Jun. 14, 2017). The Commission found that, even when the
facts in Laerdal's complaint were taken as true, Laerdal's trade dress
allegations were inadequate because Laerdal failed to specify its trade
dresses, failed to show that its trade dress was nonfunctional, and
failed to allege an adequate injury. Id. at 8-11. The Commission also
found that Laerdal's copyright allegations were legally erroneous. Id.
at 5-8.
Laerdal appealed the Commission's denial of trade dress relief. On
December 7, 2018, the Federal Circuit held that the Commission erred by
refusing to issue trade dress relief based on the allegations in the
amended complaint, and remanded the proceeding to the Commission for a
determination on the proper trade dress remedy and the public interest.
Laerdal Med. Corp. v. Int'l Trade Comm'n, 910 F.3d 1207, 1210, 1216
(Fed. Cir. 2018). The Court's mandate issued on January 29, 2019.
On March 26, 2019, the Commission ordered Laerdal and OUII to: (1)
Define each trade dress at issue; (2) explain what remedy is
appropriate for each trade dress; (3) explain the effect of each remedy
on the public interest; and (4) provide proposed remedial orders. Order
(Mar. 26, 2019). Laerdal and OUII each provided responses on April 15,
2019, and reply submissions on April 29, 2019. On April 30, 2019,
Laerdal provided corrected versions of its proposed LEO and CDO. The
submissions agreed that the appropriate remedy is the entry of an LEO
against Respondents and the entry of a CDO against Basic Medical
Supply, LLC (``Basic Medical''), that the public interest factors do
not weigh against granting these remedial orders, and that bonding
should be set at 100 percent of the entered value of the infringing
products.
The Commission has determined that the appropriate form of relief
in this investigation is: (a) An LEO against Respondents prohibiting
the unlicensed entry of products that infringe Laerdal's trade dresses;
and (b) an order that Basic Medical cease and desist from importing,
selling, offering for sale, marketing, advertising, distributing,
offering for sale, transferring (except for exportation), or soliciting
U.S. agents or distributors of imported cervical collars that infringe
Laerdal's trade dresses. The Commission has further determined that the
public interest factors enumerated in section 337(g)(1) (19 U.S.C.
1337(g)(1)) do not preclude the issuance of the LEO and CDO. Finally,
the Commission has determined that the bond for importation during the
period of Presidential review shall be in the amount of 100 percent of
the entered value of the imported subject articles of the respondents.
The investigation is terminated.
The Commission's orders and opinion were delivered to the President
and the United States Trade Representative on the day of their
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.
[[Page 35884]]
Issued: July 22, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-15801 Filed 7-24-19; 8:45 am]
BILLING CODE 7020-02-P