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]

Download as PDF 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 PO 00000 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 Frm 00052 Fmt 4703 Sfmt 4703 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]]

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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