Certain Water Filters and Components Thereof; Notice of a Commission Determination To Review-in-Part an Initial Determination Granting Complainants' Motion for Summary Determination of Violation of Section 337 by the Defaulting Respondents, and, on Review, To Modify Certain Portions of the Initial Determination; Request for Written Submissions on Remedy, Bonding, and the Public Interest, 45170-45171 [2019-18561]
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45170
Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1126]
Certain Water Filters and Components
Thereof; Notice of a Commission
Determination To Review-in-Part an
Initial Determination Granting
Complainants’ Motion for Summary
Determination of Violation of Section
337 by the Defaulting Respondents,
and, on Review, To Modify Certain
Portions of the Initial Determination;
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 to reviewin-part an initial determination (‘‘ID’’)
(Order No. 17) of the presiding
administrative law judge (‘‘ALJ’’)
granting summary determination of
violation of section 337 by certain
defaulting respondents. The limited
purpose of the review is to correct an
error in a citation on page 44 and two
typos on page 31 of the ID. The
Commission requests written
submissions on remedy, bonding, and
the public interest.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone 202–
205–3228. 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 August 1, 2018, based on a
complaint, as amended, filed on behalf
of Electrolux Home Products, Inc. of
Charlotte, North Carolina, and KX
Technologies, LLC of West Haven,
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:14 Aug 27, 2019
Jkt 247001
Connecticut (collectively,
‘‘Complainants’’). 83 FR 37514 (Aug. 1,
2018). The complaint alleges violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’) based on the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain water filters
and components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 8,673,146 (‘‘the ’146
patent’’), 8,137,551 (‘‘the ’551 patent’’),
9,233,322 (‘‘the ’322 patent’’), and
9,901,852 (‘‘the ’852 patent’’)
(collectively, the ‘‘Asserted Patents’’).
Id. The Commission’s notice of
investigation names eight respondents.
Id. The Office of Unfair Import
Investigations (‘‘OUII’’) is also a party to
the investigation.
On October 3, 2018, the ALJ issued an
initial determination finding certain
respondents in default, specifically,
Shenzen Calux Purification Technology
Co., Limited (‘‘Calux’’); JiangSu Angkua
Environmental Technical Co., Ltd.
(‘‘Angkua Environmental’’); and
Shenzhen Dakon Purification Tech Co.,
Ltd. (collectively, ‘‘the Defaulting
Respondents’’). See Order No. 9 (Oct. 3,
2018), not reviewed, Notice (Oct. 25,
2018). The remaining respondents,
specifically, Ningbo Pureza Limited;
HongKong Ecoaqua Co., Limited; Ecolife
Technologies, Inc.; Ecopure Filter Co.,
Ltd.; and Crystala Filters LLC (‘‘Settled
Respondents’’), were terminated from
the investigation due to settlement. See
Order Nos. 14, 15, 16, not reviewed,
Notice (April 1, 2019).
On February 12, 2019, Complainants
filed a motion for summary
determination of violation of section
337 by the Defaulting Respondents.
Complainants requested a general
exclusion order (‘‘GEO’’) and cease and
desist orders (‘‘CDOs’’) against all three
Defaulting Respondents. On March 8,
2019, OUII filed a response supporting
a finding of a violation as well as the
requested remedies of a GEO and CDOs
for two of the Defaulting Respondents
(Calux and Angkua Environmental).
The ALJ issued the subject ID on July
11, 2019, granting the motion for
summary determination and finding a
violation of section 337 by the
Defaulting Respondents. Specifically,
the ID finds that Complainants
established infringement of claims 1–3,
6, 7, and 15 of the ’146 patent, claim 49
of the ’551 patent, claims 1–3, 7–9, and
12–15 of the ’322 patent, and claims 1,
4–6, 9–11, 14–18, and 21–31 of the ’852
patent with respect to each Defaulting
Respondents’ accused product(s) by
substantial, reliable, and probative
evidence. The ALJ recommended that
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Frm 00051
Fmt 4703
Sfmt 4703
the Commission issue a GEO and CDOs
against Calux and Angkua
Environmental. The ALJ also
recommended setting a bond during
Presidential review of 100 percent. Id.
No party petitioned for review of the
subject ID.
The Commission has determined to
review the subject ID in part for the
limited purpose of correcting an error in
a citation on page 44 and two typos on
page 31 of the ID. See ID at 44, 31. The
ID’s findings of section 337 violations as
to the Defaulting Respondents are based
on substantial, reliable, and probative
evidence, and they do not require
further substantive review. See 19
U.S.C. 1337(d)(2). The Commission has
determined not to review the remainder
of the ID.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) being
required to cease and desist from
engaging in unfair acts in the
importation and sale of such articles.
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
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). In addition, if
Complainants seek a cease and desist
order against a respondent, the written
submissions should respond to the
following requests:
1. Please identify with citations to the
record any information regarding
commercially significant inventory in
the United States as to each respondent
against whom a cease and desist order
is sought. If Complainants also rely on
other significant domestic operations
that could undercut the remedy
provided by an exclusion order, please
identify with citations to the record
such information as to each respondent
against whom a cease and desist order
is sought.
2. In relation to the infringing
products, please identify any
information in the record, including
allegations in the pleadings, that
E:\FR\FM\28AUN1.SGM
28AUN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices
addresses the existence of any domestic
inventory, any domestic operations, or
any sales-related activity directed at the
United States for each respondent
against whom a cease and desist order
is sought.
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
Asserted Patents expire, to provide the
HTSUS subheadings under which the
accused products are imported, and to
supply identification information for all
known importers of the products at
issue in this investigation.
Written submissions and proposed
remedial orders must be filed no later
than close of business on September 6,
2019. Reply submissions must be filed
no later than the close of business on
September 13, 2019. Such submissions
should address the ALJ’s recommended
determinations on remedy and bonding
made in Order No. 17. No further
VerDate Sep<11>2014
20:14 Aug 27, 2019
Jkt 247001
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–1126’’) 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 (all contract personnel will
sign appropriate nondisclosure
agreements), 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.
PO 00000
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Fmt 4703
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45171
Issued: August 23, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–18561 Filed 8–27–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–627–629 and
731–TA–1458–1461 (Preliminary)]
Utility Scale Wind Towers From
Canada, Indonesia, Korea, and
Vietnam
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 utility scale wind towers (‘‘wind
towers’’) from Canada, Indonesia, Korea,
and Vietnam, provided for in
subheadings 7308.20.00 and 8502.31.00
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 governments of Canada, Indonesia,
and Vietnam.2 3
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.
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
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
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 Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 84 FR 37992 (August 5, 2019).
See also Utility Scale Wind Towers from Canada,
Indonesia, and the Socialist Republic of Vietnam:
Initiation of Countervailing Duty Investigations, 84
FR 38216 (August 6, 2019).
3 Commissioners Broadbent and Williamson are
not participating in these investigations.
E:\FR\FM\28AUN1.SGM
28AUN1
]]>Agencies
[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45170-45171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18561]
[[Page 45170]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1126]
Certain Water Filters and Components Thereof; Notice of a
Commission Determination To Review-in-Part an Initial Determination
Granting Complainants' Motion for Summary Determination of Violation of
Section 337 by the Defaulting Respondents, and, on Review, To Modify
Certain Portions of the Initial Determination; 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 to review-in-part an initial determination
(``ID'') (Order No. 17) of the presiding administrative law judge
(``ALJ'') granting summary determination of violation of section 337 by
certain defaulting respondents. The limited purpose of the review is to
correct an error in a citation on page 44 and two typos on page 31 of
the ID. The Commission requests written submissions on remedy, bonding,
and the public interest.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3228. 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 August 1, 2018, based on a complaint, as amended, filed on behalf of
Electrolux Home Products, Inc. of Charlotte, North Carolina, and KX
Technologies, LLC of West Haven, Connecticut (collectively,
``Complainants''). 83 FR 37514 (Aug. 1, 2018). The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337'') based on the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain water filters and components thereof by
reason of infringement of certain claims of U.S. Patent Nos. 8,673,146
(``the '146 patent''), 8,137,551 (``the '551 patent''), 9,233,322
(``the '322 patent''), and 9,901,852 (``the '852 patent'')
(collectively, the ``Asserted Patents''). Id. The Commission's notice
of investigation names eight respondents. Id. The Office of Unfair
Import Investigations (``OUII'') is also a party to the investigation.
On October 3, 2018, the ALJ issued an initial determination finding
certain respondents in default, specifically, Shenzen Calux
Purification Technology Co., Limited (``Calux''); JiangSu Angkua
Environmental Technical Co., Ltd. (``Angkua Environmental''); and
Shenzhen Dakon Purification Tech Co., Ltd. (collectively, ``the
Defaulting Respondents''). See Order No. 9 (Oct. 3, 2018), not
reviewed, Notice (Oct. 25, 2018). The remaining respondents,
specifically, Ningbo Pureza Limited; HongKong Ecoaqua Co., Limited;
Ecolife Technologies, Inc.; Ecopure Filter Co., Ltd.; and Crystala
Filters LLC (``Settled Respondents''), were terminated from the
investigation due to settlement. See Order Nos. 14, 15, 16, not
reviewed, Notice (April 1, 2019).
On February 12, 2019, Complainants filed a motion for summary
determination of violation of section 337 by the Defaulting
Respondents. Complainants requested a general exclusion order (``GEO'')
and cease and desist orders (``CDOs'') against all three Defaulting
Respondents. On March 8, 2019, OUII filed a response supporting a
finding of a violation as well as the requested remedies of a GEO and
CDOs for two of the Defaulting Respondents (Calux and Angkua
Environmental).
The ALJ issued the subject ID on July 11, 2019, granting the motion
for summary determination and finding a violation of section 337 by the
Defaulting Respondents. Specifically, the ID finds that Complainants
established infringement of claims 1-3, 6, 7, and 15 of the '146
patent, claim 49 of the '551 patent, claims 1-3, 7-9, and 12-15 of the
'322 patent, and claims 1, 4-6, 9-11, 14-18, and 21-31 of the '852
patent with respect to each Defaulting Respondents' accused product(s)
by substantial, reliable, and probative evidence. The ALJ recommended
that the Commission issue a GEO and CDOs against Calux and Angkua
Environmental. The ALJ also recommended setting a bond during
Presidential review of 100 percent. Id. No party petitioned for review
of the subject ID.
The Commission has determined to review the subject ID in part for
the limited purpose of correcting an error in a citation on page 44 and
two typos on page 31 of the ID. See ID at 44, 31. The ID's findings of
section 337 violations as to the Defaulting Respondents are based on
substantial, reliable, and probative evidence, and they do not require
further substantive review. See 19 U.S.C. 1337(d)(2). The Commission
has determined not to review the remainder of the ID.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. 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 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). In addition, if Complainants seek a cease and
desist order against a respondent, the written submissions should
respond to the following requests:
1. Please identify with citations to the record any information
regarding commercially significant inventory in the United States as to
each respondent against whom a cease and desist order is sought. If
Complainants also rely on other significant domestic operations that
could undercut the remedy provided by an exclusion order, please
identify with citations to the record such information as to each
respondent against whom a cease and desist order is sought.
2. In relation to the infringing products, please identify any
information in the record, including allegations in the pleadings, that
[[Page 45171]]
addresses the existence of any domestic inventory, any domestic
operations, or any sales-related activity directed at the United States
for each respondent against whom a cease and desist order is sought.
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 Asserted Patents expire, to
provide the HTSUS subheadings under which the accused products are
imported, and to supply identification information for all known
importers of the products at issue in this investigation.
Written submissions and proposed remedial orders must be filed no
later than close of business on September 6, 2019. Reply submissions
must be filed no later than the close of business on September 13,
2019. Such submissions should address the ALJ's recommended
determinations on remedy and bonding made in Order No. 17. 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-1126'') 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 (all contract personnel
will sign appropriate nondisclosure agreements), 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.
Issued: August 23, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-18561 Filed 8-27-19; 8:45 am]
BILLING CODE 7020-02-P
