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]

Download as PDF 43616 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] jspears on DSK3GMQ082PROD with NOTICES BILLING CODE 7020–02–P 1 Commissioner Schmidtlein voted to conduct an expedited review. VerDate Sep<11>2014 18:13 Aug 20, 2019 Jkt 247001 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: PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 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. E:\FR\FM\21AUN1.SGM 21AUN1 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 VerDate Sep<11>2014 18:13 Aug 20, 2019 Jkt 247001 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: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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 E:\FR\FM\21AUN1.SGM 21AUN1

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]


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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

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