Certain Child Resistant Closures With Slider Devices Having a User Actuated Insertable Torpedo for Selectively Opening the Closures and Slider Devices Therefor; Institution of Investigation, 43616-43617 [2019-18023]
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Notices
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 (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
For further information concerning
the conduct of this review and rules of
general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
On August
5, 2019, the Commission determined
that it should proceed to a full review
in the subject five-year review pursuant
to section 751(c) of the Tariff Act of
1930 (19 U.S.C. 1675(c)). The
Commission found that the domestic
interested party’s response to its notice
of institution (84 FR 18580, May 1,
2019) was adequate. The Commission
found that the respondent interested
party’s response to its notice of
institution were inadequate. The
Commission also found that other
circumstances warranted conducting a
full review.1 A record of the
Commissioners’ votes, the
Commission’s statement on adequacy,
and any individual Commissioner’s
statements will be available from the
Office of the Secretary and at the
Commission’s website.
SUPPLEMENTARY INFORMATION:
Authority: This review is being conducted
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.62 of the Commission’s rules.
By order of the Commission.
Issued: August 16, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–18010 Filed 8–20–19; 8:45 am]
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1 Commissioner Schmidtlein voted to conduct an
expedited review.
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1171]
Certain Child Resistant Closures With
Slider Devices Having a User Actuated
Insertable Torpedo for Selectively
Opening the Closures and Slider
Devices Therefor; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on July
22, 2019, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Reynolds Presto Products Inc. of Lake
Forest, Illinois. Supplements to the
complaint were filed on August 8, 2019,
and August 9, 2019. 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 child resistant
closures with slider devices having a
user actuated insertable torpedo for
selectively opening the closures and
slider devices therefor by reason of
infringement of certain claims of U.S.
Patent No. 9,505,531 (‘‘the ’531 patent’’);
U.S. Patent No. 9,554,628 (‘‘the ’628
patent’’); and U.S. Patent no. 10,273,058
(‘‘the ’058 patent’’). 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
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
SUMMARY:
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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 (2018).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 15, 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 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,
3, and 5–10 of the ’531 patent; claims
1, 4, 6–8, 11, 12, 15, and 19 of the ’628
patent; and claims 1, 3, and 5–8 of the
’058 patent; 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 ‘‘recloseable zippers
and slider devices for packages,
including bags and pouches, that are
resistant to opening by young children;’’
(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: Reynolds
Presto Products Inc., 1900 West Field
Court, Lake Forest, IL 60045.
(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:
Dalian Takebishi Packing Industry Co.,
Ltd., Room 101, Unit 2, No. 125
ChangChun Road, XiGang District,
Dalian, China 116011.
Dalian Altma Industry Co., Ltd., No. 36,
North FuQuan Road, Economic and
Technological Development Zone,
Dalian, Liaoning, China.
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Notices
Japan Takebishi Co., Ltd., Amai Bld 8F,
1–3–9 Shintomi, Chuoh-ku, Tokyo,
Japan.
Takebishi Co., Ltd., 2418, Shigarakicho
Miyamachi, Koka-Shi, Shiga, Japan.
Shanghai Takebishi Packing Material
Co., Ltd., No. 368, Ext. 5, Rongxing
Road, Songjiang District, Shanghai,
China.
Qingdao Takebishi Packing Industry
Co., Ltd., No. 411, Third Songshan
Road, Jimo City, Qingdao, China.
jspears on DSK3GMQ082PROD with NOTICES
(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: August 16, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–18023 Filed 8–20–19; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Rotating 3–D LiDar
Devices and Products Containing the
Same (Including Autonomous Vehicles,
Unmanned Aerial Vehicles, Industrial
Machines, and Robotics), and
Components Thereof, DN 3403; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov,
and 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 United
States International Trade Commission
(USITC) at https://www.usitc.gov . The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (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 has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
Velodyne Lidar, Inc. on August 15,
2019. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain rotating 3–D LiDar devices and
products containing the same (including
SUMMARY:
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43617
autonomous vehicles, unmanned aerial
vehicles, industrial machines, and
robotics), and components thereof. The
complaint names as respondents: Hesai
Photonics Technology Co., Ltd. of
China; and Suteng Innovation
Technology Co., Ltd. (a.k.a. RoboSense)
of China. The complainant requests that
the Commission issue a limited
exclusion order, cease and desist orders
and impose a bond upon respondents’
alleged infringing articles during the 60day Presidential review period pursuant
to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, and members of the
public are invited to file comments on
any public interest issues raised by the
complaint or § 210.8(b) filing.
Comments should address whether
issuance of the relief specifically
requested by the complainant in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions on the public
interest must be filed no later than by
close of business, eight calendar days
after the date of publication of this
notice in the Federal Register. There
will be further opportunities for
comment on the public interest after the
issuance of any final initial
determination in this investigation. Any
written submissions on other issues
must also be filed by no later than the
close of business, eight calendar days
after publication of this notice in the
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Agencies
[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43616-43617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18023]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1171]
Certain Child Resistant Closures With Slider Devices Having a
User Actuated Insertable Torpedo for Selectively Opening the Closures
and Slider Devices Therefor; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 22, 2019, under section 337
of the Tariff Act of 1930, as amended, on behalf of Reynolds Presto
Products Inc. of Lake Forest, Illinois. Supplements to the complaint
were filed on August 8, 2019, and August 9, 2019. 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 child resistant closures with slider
devices having a user actuated insertable torpedo for selectively
opening the closures and slider devices therefor by reason of
infringement of certain claims of U.S. Patent No. 9,505,531 (``the '531
patent''); U.S. Patent No. 9,554,628 (``the '628 patent''); and U.S.
Patent no. 10,273,058 (``the '058 patent''). 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 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 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 15, 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 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, 3, and 5-10 of the '531 patent; claims 1, 4, 6-8, 11, 12, 15,
and 19 of the '628 patent; and claims 1, 3, and 5-8 of the '058 patent;
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 ``recloseable zippers
and slider devices for packages, including bags and pouches, that are
resistant to opening by young children;''
(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: Reynolds Presto Products Inc., 1900 West
Field Court, Lake Forest, IL 60045.
(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:
Dalian Takebishi Packing Industry Co., Ltd., Room 101, Unit 2, No. 125
ChangChun Road, XiGang District, Dalian, China 116011.
Dalian Altma Industry Co., Ltd., No. 36, North FuQuan Road, Economic
and Technological Development Zone, Dalian, Liaoning, China.
[[Page 43617]]
Japan Takebishi Co., Ltd., Amai Bld 8F, 1-3-9 Shintomi, Chuoh-ku,
Tokyo, Japan.
Takebishi Co., Ltd., 2418, Shigarakicho Miyamachi, Koka-Shi, Shiga,
Japan.
Shanghai Takebishi Packing Material Co., Ltd., No. 368, Ext. 5,
Rongxing Road, Songjiang District, Shanghai, China.
Qingdao Takebishi Packing Industry Co., Ltd., No. 411, Third Songshan
Road, Jimo City, Qingdao, China.
(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: August 16, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18023 Filed 8-20-19; 8:45 am]
BILLING CODE 7020-02-P