Certain Synthetic Roofing Underlayment Products and Components Thereof; Institution of Investigation, 33198-33199 [2020-11644]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33198-33199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11644]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1202]


Certain Synthetic Roofing Underlayment Products and Components 
Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 24, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Kirsch Research 
and Development, LLC, of Simi Valley, California. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and/or the sale within the United 
certain synthetic roofing underlayment products and components thereof 
States after importation of certain synthetic roofing underlayment 
products and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 8,765,251 (``the '251 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute. The complainant requests 
that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and cease and desist 
orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov . For help accessing EDIS, please 
email [email protected]. Hearing impaired individuals are advised 
that information on this matter can be obtained 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 at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: Authority: The authority for institution of 
this investigation is contained in section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2020).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 26, 2020, Ordered That --
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-19 of the '251 patent; and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``synthetic materials 
that are installed between a roof support deck and the outer surface of 
a roof and incorporate an innovative multi-layer structure and 
compositions to provide improved slip-resistance, weather-resistance, 
and structural integrity that is safer, easier to install, and lasts 
longer.''
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Kirsch Research and Development, LLC, 1296 
Patricia Avenue, Simi Valley, CA 93065.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is/are the parties upon which the 
complaint is to be served:

Atlas Roofing Corporation, 2000 RiverEdge Parkway, Atlanta, Georgia 
30328.
CertainTeed Corporation, 20 Moores Road, Malvern, PA 19355.
Dupont De Nemours, Inc., 974 Centre Road, Wilmington, DE 19805.
E. I. Du Pont De Nemours and Company, 974 Centre Road, Wilmington, DE 
19805.
Epilay, Inc., 21175 South Main Street, E1 Unit C, Carson, CA 90745.
GAF Corporation, 1 Campus Drive, Parsippany, NJ 07054.
InterWrap Corp., 1 Owens Corning Parkway, Toledo, OH 43659.
Owens Corning, 1 Owens Corning Parkway, Toledo, OH 43659.
Owens Corning Roofing & Asphalt, LLC, 1 Owens Corning Parkway, Toledo, 
OH 43659.
System Components Corporation, 50 SE Bush Street, Issaquah, WA 98027.
Tamko Building Products, LLC, 220 W. 4th Street, Joplin, MO 64801; and

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.


[[Page 33199]]


    Issued: May 26, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-11644 Filed 5-29-20; 8:45 am]
BILLING CODE 7020-02-P