Certain Fish-Handling Pliers and Packaging Thereof; Notice of Request for Submissions on the Public Interest, 22442-22443 [2020-08479]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 22442 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3450’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: April 17, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–08517 Filed 4–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1169] Certain Fish-Handling Pliers and Packaging Thereof; Notice of Request for Submissions on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge (‘‘ALJ’’) has issued a recommended determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended general exclusion order against certain fish-handling pliers and packaging thereof. This notice is soliciting comments from the public SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.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: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(g)(1)(E). The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s recommended determination on remedy and bonding issued in this investigation on April 10, 2020. Comments should address whether issuance of the recommended general exclusion order in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended general exclusion order are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended general exclusion order; (iii) identify like or directly competitive articles that complainant, its licensees, or E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended general exclusion order within a commercially reasonable time; and (v) explain how the recommended general exclusion order would impact consumers in the United States. Written submissions must be filed no later than by close of business on May 8, 2020. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. 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,1 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of 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. 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 Issued: April 16, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–08479 Filed 4–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1116] Certain Blood Cholesterol Testing Strips and Associated Systems Containing the Same; Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order; Termination of 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, by ACON Biotech (Hangzhou) Co., Ltd. of Hangzhou, China, and ACON Laboratories, Inc., of San Diego, California, and has determined to issue a limited exclusion order. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 5, 2018, based on a complaint filed by Polymer Technology Systems, Inc. of Indianapolis, Indiana (‘‘PTS’’). 83 FR 26087–88. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale after importation within the United States after importation of certain blood cholesterol testing strips and associated systems containing the same by reason of infringement of one or more claims of U.S. Patent Nos. 7,087,397 (‘‘the ’397 SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 22443 patent’’); 7,625,721 (‘‘the ’721 patent’’); and 7,494,818 (‘‘the ’818 patent’’). Id. at 26087. The notice of investigation named as respondents ACON Laboratories, Inc. of San Diego, California (‘‘ACON Labs’’), and ACON Biotech (Hangzhou) Co., Ltd. of Hangzhou, China (‘‘ACON Bio’’) (collectively, ‘‘ACON’’). The Office of Unfair Import Investigations is not a party to the investigation. Id. at 26088. The Commission subsequently terminated the investigation with respect to claims 10, 13, 14, and 20 of the ’397 patent based on PTS’s withdrawal of those allegations. See Order. No. 7 (Sept. 10, 2018), not reviewed, Notice (Sept. 25, 2018); Order No. 10 (Jan. 31, 2019), not reviewed, Notice (Feb. 21, 2019). The Commission also terminated the investigation for infringement purposes with respect to claim 17 of the ’397 patent; claims 2, 3, 13, and 14 of the ’721 patent; and claim 10 of the ’818 patent based on PTS’s withdrawal of allegations. Order No. 14 (Feb. 14, 2019), not reviewed, Notice (Mar. 5, 2019). Finally, the Commission terminated the investigation with respect to claims 1–3, 5, and 18 of the ’397 patent and claims 5, 7, and 9 of the ’721 patent based on PTS’s withdrawal of allegations. Order No. 15 (Mar. 12, 2019), not reviewed, Notice (April 9, 2019). Accordingly, at the time of the Final ID, PTS asserted for infringement claim 19 of the ’397 patent; claims 1, 4, 6, 8, and 15 of the ’721 patent; and claims 8, 9, and 11 of the ’818 patent. Final ID at 43. On February 13, 2019, the presiding administrative law judge (‘‘ALJ’’) issued an initial determination (‘‘ID’’) granting a summary determination that PTS satisfied the economic prong of the domestic industry requirement for each of three asserted patents under section 337(a)(3)(A), (B), and (C). Order No. 13 (Feb. 13, 2019). No party petitioned for review of the ID, and the Commission declined to review the ID. Notice (Mar. 12, 2019). On June 4, 2019, the ALJ issued a final ID finding a violation of section 337 with respect to the ’397 and ’721 patents, and no violation with respect to the ’818 patent. The ALJ found that ACON infringed claim 19 of the ’397 patent and claims 1, 4, 6, 7, and 15 of the ’721 patent, but did not infringe claims 8, 9, and 11 of the ’818 patent. The ALJ also found that PTS satisfies the domestic industry requirement with respect to all three asserted patents, and that no asserted claims were shown to be invalid by clear and convincing evidence. On June 17, 2019, ACON petitioned for review of the final ID with respect E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22442-22443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08479]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1169]


Certain Fish-Handling Pliers and Packaging Thereof; Notice of 
Request for Submissions on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a recommended determination on remedy and 
bonding should a violation be found in the above-captioned 
investigation. The Commission is soliciting submissions on public 
interest issues raised by the recommended general exclusion order 
against certain fish-handling pliers and packaging thereof. This notice 
is soliciting comments from the public only. Parties are to file public 
interest submissions pursuant to 19 CFR 210.50(a)(4).

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

    unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

    19 U.S.C. 1337(g)(1)(E).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the administrative law judge's recommended determination on 
remedy and bonding issued in this investigation on April 10, 2020. 
Comments should address whether issuance of the recommended general 
exclusion order in this investigation would affect the public health 
and welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the 
recommended general exclusion order are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in 
the United States relating to the recommended general exclusion 
order;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or

[[Page 22443]]

third parties make in the United States which could replace the 
subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/
or third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended general exclusion 
order within a commercially reasonable time; and
    (v) explain how the recommended general exclusion order would 
impact consumers in the United States.

    Written submissions must be filed no later than by close of 
business on May 8, 2020.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. 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,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    This action is taken under the authority of 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: April 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08479 Filed 4-21-20; 8:45 am]
 BILLING CODE 7020-02-P