Certain Beverage Dispensing Systems and Components Thereof; Commission Decision Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation, 15223-15224 [2020-05396]

Download as PDF Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices comment period. USCIS did receive six comment(s) in connection with the 60day notice. You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS–2008–0027 in the search box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. khammond on DSKJM1Z7X2PROD with NOTICES Overview of This Information Collection (1) Type of Information Collection Request: Revision of a Currently Approved Collection. (2) Title of the Form/Collection: Notice of Appeal or Motion. (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I–290B; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I–290B standardizes requests for appeals and motions and ensures that the basic information required to adjudicate appeals and motions is provided by applicants and petitioners, or their attorneys or representatives. USCIS uses the data collected on Form I–290B to determine whether an applicant or petitioner is eligible to file an appeal or motion, whether the requirements of an appeal or motion have been met, and whether the applicant or petitioner is eligible for the requested immigration benefit. Form I–290B can also be filed with ICE by schools appealing decisions on Form I– 17 filings for certification to ICE’s VerDate Sep<11>2014 17:32 Mar 16, 2020 Jkt 250001 Student and Exchange Visitor Program (SEVP). (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection I–290B is 28,000 and the estimated hour burden per response is 1.5 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 42,000 hours. (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $8,652,000. Dated: March 11, 2020. Samantha L. Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2020–05384 Filed 3–16–20; 8:45 am] BILLING CODE 9111–97–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1130] Certain Beverage Dispensing Systems and Components Thereof; Commission Decision Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation and has issued a limited exclusion order and a cease and desist order prohibiting importation of infringing beverage dispensing systems and components thereof. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. The public version of the complaint can be accessed on the Commission’s electronic docket (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. SUMMARY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 15223 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 (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 September 5, 2018, based on a complaint filed by Heineken International B.V. and Heineken Supply Chain B.V., both of Amsterdam, The Netherlands; and Heineken USA Inc. of White Plains, New York (collectively, ‘‘Heineken’’). 83 FR 45141, 45141–42 (Sept. 5, 2019). The complaint alleges a violation section 337 of the Tariff Act 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’) in the importation into the United States, sale for importation, or sale in the United States after importation of certain beverage dispensing systems and components thereof that allegedly infringe claims 1– 11 of the ’751 patent. Id. The notice of investigation names as respondents Anheuser-Busch InBev SA, and InBev Belgium NV, both of Leuven, Belgium; and Anheuser-Busch, LLC of St. Louis, Missouri (collectively, ‘‘ABI’’). Id. The Office of Unfair Import Investigations was not named as a party to this investigation. Id. On February 6, 2019, the presiding administrative law judge (‘‘ALJ’’) granted Heineken’s motion to partially terminate the investigation as to claims 2, 4–6, 8–9, and 11 of the ’751 patent. Order No. 6 (Feb. 6, 2019), not reviewed, Notice (Mar. 7, 2019). Remaining within the investigation are claims 1, 3, 7, and 10 of the ’751 patent. On March 26, 2019, the ALJ issued Order No. 14, the Markman Order, construing certain claim terms. The ALJ conducted the evidentiary hearing from April 16–18 and 23, 2019. On September 5, 2019, the ALJ issued a final initial determination (‘‘ID’’), finding claims 1, 3, 7, and 10 infringed and not invalid, and thereby finding a violation of section 337 with respect to those claims. On September 19, 2019, the ALJ issued a Recommended Determination on Remedy and Bond (‘‘RD’’). The RD recommends that should the Commission find a violation of section 337, that the Commission issue a limited exclusion order, a cease and desist order, and impose a bond rate E:\FR\FM\17MRN1.SGM 17MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15224 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices during the period of Presidential review in the amount of five percent of the entered value of infringing articles. On September 18, 2019, ABI filed a petition for Commission review of aspects of the ID. That same day, Heineken filed a contingent petition for review. On September 26, 2019, the parties responded to each other’s petitions. On November 4, 2019, the Commission determined to review the ID in its entirety. Notice at 2 (Nov. 4, 2019) (‘‘Notice of Review’’), published at 84 FR 60452 (Nov. 8, 2019). The Commission solicited briefing on remedy, the public interest, and bonding, as well on specific issues concerning claim construction, infringement, invalidity, and the domestic industry requirement. On November 18, 2019, the parties filed opening briefs in response to the Notice of Review. On November 26, 2019, the parties filed replies to each other’s brief. Having reviewed the record of the investigation, including the Markman Order, the final ID, and the parties’ submissions to the ALJ and to the Commission, the Commission has found a violation of section 337. Specifically, the Commission finds that Heineken has demonstrated the existence of a domestic industry and that asserted claims 1, 3, 7, and 10 of the ’751 patent are infringed and are not invalid. The Commission has further determined that the appropriate remedy is: (1) A limited exclusion order prohibiting the entry of infringing beverage dispensing systems and components thereof; and (2) a cease and desist order directed to respondent Anheuser-Busch LLC. The Commission has determined that the public interest factors enumerated in section 337(d) and (f), 19 U.S.C. 1337(d), (f), do not preclude the issuance of the limited exclusion order or the cease and desist order. The Commission has determined that a bond in the amount of five (5) percent of the entered value of the imported beverage containers is required during the period of Presidential review. 19 U.S.C. 1337(j)(3). Notwithstanding the foregoing, the exclusion order and the cease and desist order permit ABI to import beverage containers that are used as part of ABI’s PureDraught system. The investigation is terminated. The Commission’s reasoning in support of its determinations is set forth more fully in its opinion. The Commission’s orders and opinion were delivered to the President and the United States Trade Representative on the day of their issuance. VerDate Sep<11>2014 17:32 Mar 16, 2020 Jkt 250001 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: March 11, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–05396 Filed 3–16–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–20–011] Sunshine Act Meetings; Cancellation of Sunshine Act Meeting Agency Holding the Meeting: United States International Trade Commission. ORIGINAL TIME AND DATE: March 17, 2020 at 11:00 a.m. CONTACT PERSON FOR MORE INFORMATION: William Bishop, Supervisory Hearings and Information Officer, 202–205–2595. ACTION: In accordance with 19 CFR 201.37(a), the Commission has unanimously determined to cancel the meeting of March 17, 2020 at 11:00 a.m. which was scheduled under the Government in the Sunshine Act, 5 U.S.C. 552(b). Earlier notification of this cancellation was not possible. By order of the Commission. Issued: March 12, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–05591 Filed 3–13–20; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–513 and 731– TA–1249 (Review)] Sugar From Mexico; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether termination of the suspension investigation on sugar from Mexico would be likely to lead to continuation or recurrence of material injury. DATES: March 3, 2020. SUMMARY: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Charles Cummings ((202) 708–1666)), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On March 3, 2020, the Commission determined that the domestic interested party group response to its notice of institution (84 FR 65841, November 29, 2019) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on March 17, 2020, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party 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. 2 The Commission has found the responses submitted by American Sugar Coalition and its members (the members of the American Sugar Coalition are as follows: American Sugar Cane E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15223-15224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05396]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1130]


Certain Beverage Dispensing Systems and Components Thereof; 
Commission Decision Finding a Violation of Section 337; Issuance of a 
Limited Exclusion Order and Cease and Desist Order; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930, as amended, in this investigation and has issued a limited 
exclusion order and a cease and desist order prohibiting importation of 
infringing beverage dispensing systems and components thereof.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. The public version 
of the complaint can be accessed on the Commission's electronic docket 
(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 (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 September 5, 2018, based on a complaint filed by Heineken 
International B.V. and Heineken Supply Chain B.V., both of Amsterdam, 
The Netherlands; and Heineken USA Inc. of White Plains, New York 
(collectively, ``Heineken''). 83 FR 45141, 45141-42 (Sept. 5, 2019). 
The complaint alleges a violation section 337 of the Tariff Act 1930, 
as amended, 19 U.S.C. 1337 (``section 337'') in the importation into 
the United States, sale for importation, or sale in the United States 
after importation of certain beverage dispensing systems and components 
thereof that allegedly infringe claims 1-11 of the '751 patent. Id. The 
notice of investigation names as respondents Anheuser-Busch InBev SA, 
and InBev Belgium NV, both of Leuven, Belgium; and Anheuser-Busch, LLC 
of St. Louis, Missouri (collectively, ``ABI''). Id. The Office of 
Unfair Import Investigations was not named as a party to this 
investigation. Id.
    On February 6, 2019, the presiding administrative law judge 
(``ALJ'') granted Heineken's motion to partially terminate the 
investigation as to claims 2, 4-6, 8-9, and 11 of the '751 patent. 
Order No. 6 (Feb. 6, 2019), not reviewed, Notice (Mar. 7, 2019). 
Remaining within the investigation are claims 1, 3, 7, and 10 of the 
'751 patent. On March 26, 2019, the ALJ issued Order No. 14, the 
Markman Order, construing certain claim terms. The ALJ conducted the 
evidentiary hearing from April 16-18 and 23, 2019.
    On September 5, 2019, the ALJ issued a final initial determination 
(``ID''), finding claims 1, 3, 7, and 10 infringed and not invalid, and 
thereby finding a violation of section 337 with respect to those 
claims. On September 19, 2019, the ALJ issued a Recommended 
Determination on Remedy and Bond (``RD''). The RD recommends that 
should the Commission find a violation of section 337, that the 
Commission issue a limited exclusion order, a cease and desist order, 
and impose a bond rate

[[Page 15224]]

during the period of Presidential review in the amount of five percent 
of the entered value of infringing articles.
    On September 18, 2019, ABI filed a petition for Commission review 
of aspects of the ID. That same day, Heineken filed a contingent 
petition for review. On September 26, 2019, the parties responded to 
each other's petitions.
    On November 4, 2019, the Commission determined to review the ID in 
its entirety. Notice at 2 (Nov. 4, 2019) (``Notice of Review''), 
published at 84 FR 60452 (Nov. 8, 2019). The Commission solicited 
briefing on remedy, the public interest, and bonding, as well on 
specific issues concerning claim construction, infringement, 
invalidity, and the domestic industry requirement.
    On November 18, 2019, the parties filed opening briefs in response 
to the Notice of Review. On November 26, 2019, the parties filed 
replies to each other's brief.
    Having reviewed the record of the investigation, including the 
Markman Order, the final ID, and the parties' submissions to the ALJ 
and to the Commission, the Commission has found a violation of section 
337. Specifically, the Commission finds that Heineken has demonstrated 
the existence of a domestic industry and that asserted claims 1, 3, 7, 
and 10 of the '751 patent are infringed and are not invalid.
    The Commission has further determined that the appropriate remedy 
is: (1) A limited exclusion order prohibiting the entry of infringing 
beverage dispensing systems and components thereof; and (2) a cease and 
desist order directed to respondent Anheuser-Busch LLC. The Commission 
has determined that the public interest factors enumerated in section 
337(d) and (f), 19 U.S.C. 1337(d), (f), do not preclude the issuance of 
the limited exclusion order or the cease and desist order. The 
Commission has determined that a bond in the amount of five (5) percent 
of the entered value of the imported beverage containers is required 
during the period of Presidential review. 19 U.S.C. 1337(j)(3). 
Notwithstanding the foregoing, the exclusion order and the cease and 
desist order permit ABI to import beverage containers that are used as 
part of ABI's PureDraught system.
    The investigation is terminated. The Commission's reasoning in 
support of its determinations is set forth more fully in its opinion. 
The Commission's orders and opinion were delivered to the President and 
the United States Trade Representative on the day of their issuance.
    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: March 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-05396 Filed 3-16-20; 8:45 am]
 BILLING CODE 7020-02-P