Certain Child Resistant Closures With Slider Devices Having a User Actuated Insertable Torpedo for Selectively Opening the Closures and Slider Devices Therefor Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding, 35662-35664 [2020-12594]

Download as PDF 35662 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Notices Covered Species The Valley elderberry longhorn beetle (Desmocerus californicus dimorphus), a species federally listed as threatened, is proposed to be included as a covered species in the proposed HCP: No-Action Alternative Under the No-Action Alternative, the Service would not issue an ITP to the applicant, and the draft HCP would not be implemented. Under this alternative, the applicant may choose not to install the pipeline, or would do so in a manner presumed not to result in the take of ESA listed species. Public Comments We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice, the draft CatEx, and the draft HCP. We particularly seek comments on the following: 1. Biological information concerning the species; 2. Relevant data concerning the species; 3. Additional information concerning the range, distribution, population size, and population trends of the species; 4. Current or planned activities in the area and their possible impacts on the species; 5. The presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act; and 6. Any other environmental issues that should be considered with regard to the proposed development and permit action. jbell on DSKJLSW7X2PROD with NOTICES Public Availability of Comments Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Next Steps Issuance of an incidental take permit is a Federal proposed action subject to compliance with NEPA and section 7 of the ESA. We will evaluate the application, associated documents, and any public comments we receive as part VerDate Sep<11>2014 17:33 Jun 10, 2020 Jkt 250001 of our NEPA compliance process to determine whether the application meets the requirements of section 10(a) of the ESA. If we determine that those requirements are met, we will conduct an intra-Service consultation under section 7 of the ESA for the Federal action of the potential issuance of an ITP. If the intra-Service consultation determines that issuance of the ITP will not jeopardize the continued existence of any endangered or threatened species, or destroy or adversely modify critical habitat, we will issue a permit to the applicant for the incidental take of the covered species. Authority We publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321–4347 et seq.), and its implementing regulations at 40 CFR 1500–1508, as well as in compliance with section 10(c) of the Endangered Species Act (16 U.S.C. 1531–1544 et seq.) and its implementing regulations at 50 CFR 17.32(b)(2). Jennifer Norris, Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, Sacramento, California. [FR Doc. 2020–12657 Filed 6–10–20; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1171] Certain Child Resistant Closures With Slider Devices Having a User Actuated Insertable Torpedo for Selectively Opening the Closures and Slider Devices Therefor Commission Determination To Review in Part an Initial Determination Granting Complainant’s Motion for Summary Determination of a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that, on April 21, 2020, the presiding administrative law judge (‘‘ALJ’’) issued an initial determination (‘‘ID’’) in the above-captioned investigation, granting summary determination on violation of section 337 that included a recommended determination on remedy and bonding. On April 22, 2020, the ALJ issued a Notice of Errata thereto. The Commission has determined to review the ID in part. The Commission requests briefing from the parties, interested government agencies, and interested SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 persons on the issues of remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3179. 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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: On August 21, 2019, the Commission instituted this investigation based on a complaint filed by Reynolds Presto Products Inc. (‘‘Presto’’). 84 FR 43616–17 (Aug. 21, 2019). 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, or the sale within the United States after importation of certain child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor by reason of infringement of certain claims of U.S. Patent Nos. 9,505,531 (‘‘the ’531 patent’’); 9,554,628; and 10,273,058 (‘‘the ’058 patent’’) (collectively, the ‘‘Asserted Patents’’). Id. at 43616. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation names six respondents: Dalian Takebishi Packing Industry Co., Ltd. of Dalian, China (‘‘Dalian Takebishi’’); Dalian Altma Industry Co., Ltd. of Dalian, Liaoning, China (‘‘Dalian Altma’’) (together, the ‘‘Dalian Respondents’’); Japan Takebishi Co., Ltd., of Tokyo, Japan; Takebishi Co., Ltd., of Shiga, Japan; Shanghai Takebishi Packing Material Co., Ltd., of Shanghai, China; and Qingdao Takebishi Packing Industry Co., Ltd., of Qingdao, China. Id. at 43616–17. It also names the Office of Unfair Import Investigations (‘‘OUII’’) as a party. Id. at 43617. On October 7, 2019, the ALJ issued an ID finding the Dalian Respondents in default. Order No. 7 (Oct. 30, 2019), unreviewed by Comm’n Notice (Nov. 26, 2019). On November 19, 2019, the ALJ issued an ID terminating the E:\FR\FM\11JNN1.SGM 11JNN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Notices investigation based on Presto’s withdrawal of the complaint as to the other four respondents (Japan Takebishi Co., Ltd.; Takebishi Co., Ltd.; Shanghai Takebishi Packing Material Co., Ltd.; and Qingdao Takebishi Packing Industry Co., Ltd.). Order No. 10 (Nov. 19, 2019), unreviewed by Comm’n Notice (Dec. 18, 2019). That ID also terminated the investigation as to (i) claims 6 and 7 of the ’531 patent and (ii) claims 6 and 7 of the ’058 patent. Id. On November 15, 2019, Presto filed a motion for summary determination that the domestic industry requirement was satisfied and that a violation had been established. Presto’s motion requested immediate entry of a limited exclusion order against the Dalian Respondents, a general exclusion order (‘‘GEO’’), and a 100 percent bond. On November 26, 2019, OUII filed a response to the motion supporting the summary determination motion and the requested GEO and 100 percent bond. On April 21, 2020, the ALJ issued the subject ID granting summary determination of violation of section 337 by the Dalian Respondents. The ID also contains the ALJ’s recommendation on remedy and bonding, in which the ALJ recommends issuance of a GEO or, in the alternative, a limited exclusion order directed to each of the Dalian Respondents, and that a 100 percent bond be set for importation during the Presidential review period. On May 1, 2020, OUII filed a petition seeking review of portions of the ID’s analysis of the economic prong of the domestic industry requirement. No other party petitioned for review of the ID, and no party filed a response to OUII’s petition. The Commission has determined to review the ID in part with respect to the ID’s analysis of the economic prong of the domestic industry requirement. The Commission has determined not to review the remaining findings in the ID. The Commission is not requesting any briefing on the issue under review. In connection with the final disposition of this investigation, the statute authorizes issuance of: (1) An exclusion order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) one or more cease and desist orders (‘‘CDOs’’) that could result in the Dalian 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 VerDate Sep<11>2014 17:33 Jun 10, 2020 Jkt 250001 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 a party seeks issuance of any CDOs, the written submissions should address that request in the context of recent Commission opinions, including those in Certain Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor, Inv. No. 337–TA–977, Comm’n Op. (Apr. 28, 2017) and Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same, Inv. No. 337–TA–959, Comm’n Op. (Feb. 13, 2017). The written submissions should respond to the following: 1. Is Presto still seeking CDOs against the Dalian Respondents? 2. If Presto is still seeking CDOs, please address the following questions: a. Can the Commission grant CDOs if a complainant has not argued for them in its remedy briefing before the ALJ? Has the Commission ever granted CDOs under such circumstances? b. What prejudice have the Dalian Respondents suffered as a result of Presto seeking CDOs in its complaint but not requesting them before the ALJ? c. Please identify with citations to the record any information regarding commercially significant inventory in the United States as to each respondent against whom a CDO is sought. If Presto also relies on other significant domestic operations that could undercut the remedy provided by an exclusion order, identify with citations to the record such information as to each respondent against whom a CDO is sought. d. In relation to the infringing products, please identify any information in the record, including allegations in the pleadings, that 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 CDO is sought. e. Please discuss any other basis upon which the Commission could enter a CDO. The statute requires the Commission to consider the effects of any remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order and/or CDO would have on: (1) The public health and welfare; (2) competitive conditions in the U.S. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 35663 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, disapprove, or take no action on the Commission’s determination. 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 this investigation, interested government agencies, and any other interested parties are invited to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should include views on the recommended determination by the ALJ on remedy and bonding. In its initial written submission, Presto is also requested to submit proposed remedial orders for the Commission’s consideration. Presto is further requested to identify the date the Asserted Patents expire, to provide the HTSUS subheadings under which the subject articles are imported, and to supply identification information for all known importers of the subject articles. Initial written submissions, including proposed remedial orders, must be filed no later than close of business on June 12, 2020. Reply submissions must be filed no later than the close of business on June 19, 2020. No further submissions on any of 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. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the investigation number (Inv. No. 337– TA–1171) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions E:\FR\FM\11JNN1.SGM 11JNN1 35664 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Notices 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 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 non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. The Commission vote for these determinations took place on June 5, 2020. 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). [FR Doc. C1–2020–10601 Filed 6–10–20; 8:45 am] Drug Enforcement Administration [Docket No. DEA–663] Importer of Controlled Substances Application: Cardinal Health Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before July 13, 2020. Such persons may also file a written request for a hearing on the application on or before July 13, 2020. DATES: ADDRESSES: Controlled substance Drug code Schedule Correction In notice document 2020–10601, appearing on pages 29741 through 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 17:33 Jun 10, 2020 Jkt 250001 Agency Information Collection Activities; Proposed eCollection; eComments Requested; Extension Without Change of Previously Approved Collection OJP Solicitation Template Office of Justice Programs, Department of Justice. ACTION: 60-Day notice. Notice of application. In accordance with 21 CFR 1301.34(a), this is notice that on June 1, 2020, Cardinal Health, 15 Ingram Boulevard, La Vergne, Tennessee 37086–3630, applied to be registered as an importer of the following basic class(es) of controlled substance: Bulk Manufacturer of Controlled Substances Application: SpecGx LLC BILLING CODE 4410–09–P AGENCY: ACTION: SUPPLEMENTARY INFORMATION: [Docket No. DEA–610] [FR Doc. 2020–12625 Filed 6–10–20; 8:45 am] [OMB Number 1121–0329] DEPARTMENT OF JUSTICE BILLING CODE 7020–02–P Drug Enforcement Administration William T. McDermott, Assistant Administrator. DEPARTMENT OF JUSTICE [FR Doc. 2020–12594 Filed 6–10–20; 8:45 am] DEPARTMENT OF JUSTICE registrants for the purpose of medical use only. BILLING CODE 1300–01–D Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. By order of the Commission. Issued: June 5, 2020. Lisa Barton, Secretary to the Commission. jbell on DSKJLSW7X2PROD with NOTICES 29742 in the issue of Monday, May 18, 2020 make the following correction. On page 29741, in the third column, in the DATES section, on the last line, ‘‘July 17, 2025’’ should read ‘‘July 17, 2020’’. Secobarbitol .................. 2315 II The company plans to import the above controlled substance in finished dosage form for distribution to licensed PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 The Department of Justice (DOJ), Office of Justice Programs (OJP), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until August 10, 2020. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Jennifer Yeh, (202) 616–9135, Office of Audit, Assessment, and Management, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street NW, Washington, DC 20531 or Jennifer.Yeh2@usdoj.gov. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Office of Justice Programs, including whether the information will have practical utility; —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; —Evaluate whether and if so how the quality, utility, and clarity of the SUMMARY: E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Notices]
[Pages 35662-35664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12594]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1171]


Certain Child Resistant Closures With Slider Devices Having a 
User Actuated Insertable Torpedo for Selectively Opening the Closures 
and Slider Devices Therefor Commission Determination To Review in Part 
an Initial Determination Granting Complainant's Motion for Summary 
Determination of a Violation of Section 337; Schedule for Filing 
Written Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that, on April 21, 2020, the presiding 
administrative law judge (``ALJ'') issued an initial determination 
(``ID'') in the above-captioned investigation, granting summary 
determination on violation of section 337 that included a recommended 
determination on remedy and bonding. On April 22, 2020, the ALJ issued 
a Notice of Errata thereto. The Commission has determined to review the 
ID in part. The Commission requests briefing from the parties, 
interested government agencies, and interested persons on the issues of 
remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On August 21, 2019, the Commission 
instituted this investigation based on a complaint filed by Reynolds 
Presto Products Inc. (``Presto''). 84 FR 43616-17 (Aug. 21, 2019). 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, or the sale within 
the United States after importation of certain child resistant closures 
with slider devices having a user actuated insertable torpedo for 
selectively opening the closures and slider devices therefor by reason 
of infringement of certain claims of U.S. Patent Nos. 9,505,531 (``the 
'531 patent''); 9,554,628; and 10,273,058 (``the '058 patent'') 
(collectively, the ``Asserted Patents''). Id. at 43616. The complaint 
further alleges that a domestic industry exists. Id. The Commission's 
notice of investigation names six respondents: Dalian Takebishi Packing 
Industry Co., Ltd. of Dalian, China (``Dalian Takebishi''); Dalian 
Altma Industry Co., Ltd. of Dalian, Liaoning, China (``Dalian Altma'') 
(together, the ``Dalian Respondents''); Japan Takebishi Co., Ltd., of 
Tokyo, Japan; Takebishi Co., Ltd., of Shiga, Japan; Shanghai Takebishi 
Packing Material Co., Ltd., of Shanghai, China; and Qingdao Takebishi 
Packing Industry Co., Ltd., of Qingdao, China. Id. at 43616-17. It also 
names the Office of Unfair Import Investigations (``OUII'') as a party. 
Id. at 43617.
    On October 7, 2019, the ALJ issued an ID finding the Dalian 
Respondents in default. Order No. 7 (Oct. 30, 2019), unreviewed by 
Comm'n Notice (Nov. 26, 2019). On November 19, 2019, the ALJ issued an 
ID terminating the

[[Page 35663]]

investigation based on Presto's withdrawal of the complaint as to the 
other four respondents (Japan Takebishi Co., Ltd.; Takebishi Co., Ltd.; 
Shanghai Takebishi Packing Material Co., Ltd.; and Qingdao Takebishi 
Packing Industry Co., Ltd.). Order No. 10 (Nov. 19, 2019), unreviewed 
by Comm'n Notice (Dec. 18, 2019). That ID also terminated the 
investigation as to (i) claims 6 and 7 of the '531 patent and (ii) 
claims 6 and 7 of the '058 patent. Id.
    On November 15, 2019, Presto filed a motion for summary 
determination that the domestic industry requirement was satisfied and 
that a violation had been established. Presto's motion requested 
immediate entry of a limited exclusion order against the Dalian 
Respondents, a general exclusion order (``GEO''), and a 100 percent 
bond. On November 26, 2019, OUII filed a response to the motion 
supporting the summary determination motion and the requested GEO and 
100 percent bond.
    On April 21, 2020, the ALJ issued the subject ID granting summary 
determination of violation of section 337 by the Dalian Respondents. 
The ID also contains the ALJ's recommendation on remedy and bonding, in 
which the ALJ recommends issuance of a GEO or, in the alternative, a 
limited exclusion order directed to each of the Dalian Respondents, and 
that a 100 percent bond be set for importation during the Presidential 
review period.
    On May 1, 2020, OUII filed a petition seeking review of portions of 
the ID's analysis of the economic prong of the domestic industry 
requirement. No other party petitioned for review of the ID, and no 
party filed a response to OUII's petition.
    The Commission has determined to review the ID in part with respect 
to the ID's analysis of the economic prong of the domestic industry 
requirement. The Commission has determined not to review the remaining 
findings in the ID. The Commission is not requesting any briefing on 
the issue under review.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of: (1) An exclusion order that could 
result in the exclusion of the subject articles from entry into the 
United States, and/or (2) one or more cease and desist orders 
(``CDOs'') that could result in the Dalian 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 a party seeks issuance of any CDOs, the written 
submissions should address that request in the context of recent 
Commission opinions, including those in Certain Arrowheads with 
Deploying Blades and Components Thereof and Packaging Therefor, Inv. 
No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain Electric Skin 
Care Devices, Brushes and Chargers Therefor, and Kits Containing the 
Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). The written 
submissions should respond to the following:
    1. Is Presto still seeking CDOs against the Dalian Respondents?
    2. If Presto is still seeking CDOs, please address the following 
questions:
    a. Can the Commission grant CDOs if a complainant has not argued 
for them in its remedy briefing before the ALJ? Has the Commission ever 
granted CDOs under such circumstances?
    b. What prejudice have the Dalian Respondents suffered as a result 
of Presto seeking CDOs in its complaint but not requesting them before 
the ALJ?
    c. Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a CDO is sought. If Presto also relies on 
other significant domestic operations that could undercut the remedy 
provided by an exclusion order, identify with citations to the record 
such information as to each respondent against whom a CDO is sought.
    d. In relation to the infringing products, please identify any 
information in the record, including allegations in the pleadings, that 
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 CDO is sought.
    e. Please discuss any other basis upon which the Commission could 
enter a CDO.
    The statute requires the Commission to consider the effects of any 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
and/or CDO 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, 
disapprove, or take no action on the Commission's determination. 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 this investigation, interested 
government agencies, and any other interested parties are invited to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should include views on the recommended 
determination by the ALJ on remedy and bonding.
    In its initial written submission, Presto is also requested to 
submit proposed remedial orders for the Commission's consideration. 
Presto is further requested to identify the date the Asserted Patents 
expire, to provide the HTSUS subheadings under which the subject 
articles are imported, and to supply identification information for all 
known importers of the subject articles.
    Initial written submissions, including proposed remedial orders, 
must be filed no later than close of business on June 12, 2020. Reply 
submissions must be filed no later than the close of business on June 
19, 2020. No further submissions on any of 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. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1171) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions

[[Page 35664]]

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 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 non-confidential 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.
---------------------------------------------------------------------------

    The Commission vote for these determinations took place on June 5, 
2020.
    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: June 5, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12594 Filed 6-10-20; 8:45 am]
BILLING CODE 7020-02-P
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