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]
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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:
https://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
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17:32 Mar 16, 2020
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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:
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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
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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.
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17:32 Mar 16, 2020
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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:
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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
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]]>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.
-----------------------------------------------------------------------
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
