Certain Fish-Handling Pliers and Packaging Thereof Institution of Investigation, 36620-36621 [2019-16025]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36620-36621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16025]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1169]


Certain Fish-Handling Pliers and Packaging Thereof Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 21, 2019, under section 337 
of the Tariff Act of 1930, as amended, on behalf of United Plastic 
Molders, Inc. of Jackson, Mississippi. Supplements to the complaint 
were filed on June 28, 2019, and July 19, 2019. The complaint, as 
supplemented, 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 fish-
handling pliers and packaging thereof by reason of infringement of 
certain claims of U.S. Patent No. 6,256,923 (``the '923 patent''); and 
infringement of U.S. Trademark Registration No. 4,980,923 (the '923 
mark'') and U.S. Trademark Registration No. 5,435,944 (``the '944 
mark''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the

[[Page 36621]]

alternative a limited exclusion order, and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 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 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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 23, 2019, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain products identified in paragraph (2) by reason of infringement 
of one or more of claims 1-11 of the '923 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(C) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain products identified in paragraph (2) by reason of infringement 
of one or more of the '923 mark and the '944 mark, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``pliers that aid in 
the landing, weighing, and handling of fish by securely gripping the 
lip of a fish while the hook is removed.'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: United Plastic Molders, Inc., 105 East 
Rankin Street, Jackson, MS 39201.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Yixing Five Union Industry & Trade Co., Ltd., Building A1, Innovation 
Park of Yixing City, Jiangsu Province, China 214213.
NOEBY Fishing Tackle Co., Ltd., No. 81 Bohai Road, Eco-zone, Weihai, 
Shandong, China 264200.
Weihai iLure Fishing Tackle Co., Ltd., No. 01 ZhouNing Road, LinGang 
District, Weihai, Shandong, China 264200.
SamsFX, No. 11, Shikefa Road, Yangzhou City, 225000 Jiangsu Province, 
China 225000.
Weihai Lotus Outdoor Co., Ltd., Zhang CunTown, Weihai City, Shandong 
Pro, China 264203.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: July 24, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-16025 Filed 7-26-19; 8:45 am]
 BILLING CODE 7020-02-P