Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Update; Notice of Institution of Investigation and Schedule of a Public Hearing, 36615-36616 [2020-12995]
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Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Notices
[the ’361 patent] by Redesign Models
P001 (Smart Wall Plate Charger, Decor
Outlet, with USB charger) and P002
(Smart Wall Plate Charger, Duplex
Outlet with USB charger).’’ ID/RD at 14.
In the Redesign SD Motion, Enstant
sought summary determination that
powered cover plate model numbers
P001 and P002 (‘‘Enstant’s Redesigns’’)
do not infringe claims 1, 3–4, 10, 14, 17,
21, and 23–24 of the ’361 patent.
Redesign SD Motion at 16. The final ID
finds, however, that ‘‘Enstant’s and
Vistek’s Redesign SD Motion was
effectively rendered moot by rulings on
Motions in Limine even though Enstant
and Vistek’s Redesign SD Motion was
granted during the March 29, 2019
Teleconference.’’ ID/RD at 14 (citing
Tel. Tr. at 7:15–9:14 (Mar. 29, 2019)).
The ALJ’s rulings on Motions in
Limine addressed: (1) Enstant/Vistek’s
Motion in Limine (‘‘Respondents’ MIL’’)
to preclude Complainant SnapPower
from asserting or providing evidence
during the evidentiary hearing
(‘‘Hearing’’) that the Enstant Redesigns
infringe any SnapPower patents, Order
No. 42 at 1 (Aug. 12, 2019) (citing
Motion Docket No. 1124–041 (Feb. 19,
2019); Respondents’ MIL at 2); and (2)
SnapPower’s Corrected Motion In
Limine (‘‘SnapPower MIL’’) to preclude
evidence of the Enstant Redesigns from
the Hearing, and in the alternative, to
permit SnapPower to assert
infringement against the Redesigns by
amending the Complaint and Notice of
Investigation, Order No. 42 at 2 n. 2
(citing Motion Docket No. 1124–033
(Feb. 13, 2019), SnapPower MIL at 1).
See also ID/RD at 14–15.
On October 11, 2019, the Commission
determined to review the final ID in part
and to remand the investigation to the
ALJ for a remand initial determination
(‘‘RID’’) to address the final ID’s finding
that Enstant/Vistek’s Redesign SD
Motion is moot. 84 FR 55985–86 (Oct.
18, 2019).
By not reviewing the relevant portion
of the final ID, see id. at 55986, the
Commission found a violation of section
337 with respect to participating
respondents Enstant and Vistek, and the
Defaulting Respondents Dazone,
Desteny, NEPCI, and MCI. See id. at
55985–86. See also ID/RD at 3–4, 125–
26.
On January 30, 2020, the ALJ issued
an RID, granting Enstant’s Redesign SD
Motion. Specifically. the RID finds that
there is no dispute that Enstant’s
Redesigns do not infringe claims 1, 3–
4, 10, 14, 17, 21, and 23–24 of the ’361
patent—the only patent asserted against
Enstant’s Redesigns. RID at 15–20. No
party petitioned for review of the RID.
The Commission determined not to
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review the RID. See 85 FR 21457–59
(Apr. 17, 2020) (‘‘Commission Notice’’).
The Commission also requested written
submissions on remedy, the public
interest, and bonding. Id. at 21458–59.
On March 30, 2020, all parties to the
investigation filed their opening written
submissions on remedy, the public
interest, and bonding. On April 7, 2020,
all parties filed their responsive written
submissions. No other submissions were
received by the Commission.
Having examined the record in this
investigation, including the parties’
submissions on remedy, the public
interest, and bonding filed in response
to the Commission Notice, the
Commission has determined that the
appropriate form of relief in this
investigation is: (1) A GEO prohibiting
the unlicensed entry of infringing
powered cover plates, which are
electrical receptacle covers with built-in
functionality, that infringe one or more
of claims 1, 4, 8, 9, 10, 13, 17, and 19
of the ’324 patent; claims 1, 4, 10, 14,
21, 23, and 24 of the ’361 patent; claims
1, 2, 3, 7, 18, and 19 of the’430 patent;
and the claim of the D’426 patent that
are manufactured, and imported from,
abroad; and (b) CDOs directed at
Respondents Dazone, Desteny, MCI, and
NEPCI, and their affiliated companies,
parents, subsidiaries, or other related
business entities, or their successors or
assigns. As noted above, Enstant’s
Redesigns do not fall within the scope
of these remedial orders with respect to
the asserted claims of the 361 patent.
The Commission has further
determined that the public interest
factors enumerated in subsections (d)(l)
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do
not preclude issuance of the abovereferenced remedial orders.
Additionally, the Commission has
determined to impose a bond of one
hundred (100) percent of entered value
of the covered products during the
period of Presidential review (19 U.S.C.
1337(j)).
The investigation is terminated.
The Commission vote for this
determination took place on June 11,
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 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–12994 Filed 6–16–20; 8:45 am]
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36615
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TPA–105–008]
Economic Impact of Trade Agreements
Implemented Under Trade Authorities
Procedures, 2021 Update; Notice of
Institution of Investigation and
Schedule of a Public Hearing
U.S. International Trade
Commission.
ACTION: Notice of investigation and
scheduling of a public hearing.
AGENCY:
The Commission has
instituted Investigation No. TPA–105–
008, Economic Impact of Trade
Agreements Implemented Under Trade
Authorities Procedures, 2021 Report, for
the purpose of preparing the second of
two reports required by section 105(f)(2)
of the Bipartisan Congressional Trade
Priorities and Accountability Act of
2015. Section 105(f)(2) requires that the
Commission submit to the House
Committee on Ways and Means and the
Senate Committee on Finance two
reports, one by June 29, 2016, and a
second by June 29, 2021, on the
economic impact on the United States of
all trade agreements with respect to
which Congress has enacted an
implementing bill under trade
authorities procedures since January 1,
1984.
DATES:
September 21, 2020: Deadline for
filing requests to appear at the public
hearing.
September 25, 2020: Deadline for
filing prehearing briefs and statements.
October 6, 2020: Public hearing.
October 23, 2020: Deadline for filing
post-hearing briefs and statements.
November 6, 2020: Deadline for filing
all other written submissions.
June 29, 2021: Transmittal of
Commission report to the Committees.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the U.S.
International Trade Commission
Building, 500 E Street SW, Washington,
DC. All written submissions should be
submitted electronically and addressed
to the Secretary, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Project Leaders Tamara Gurevich (202–
205–3403 or tamara.gurevich@usitc.gov)
or David Guberman (202–708–1396 or
david.guberman@usitc.gov) for
information specific to this
SUMMARY:
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36616
Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Notices
investigation. For information on the
legal aspects of this investigation,
contact William Gearhart of the
Commission’s Office of the General
Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
website (https://www.usitc.gov). 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.
SUPPLEMENTARY INFORMATION:
Background: On June 29, 2015, the
President signed the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015 (TPA).
Section 105(f)(2) of the Act (19 U.S.C.
4204(f)(2)) requires the Commission to
submit two reports to the House
Committee on Ways and Means and
Senate Committee on Finance, one in
2016 and a second not later than mid2021, on the economic impact of trade
agreements implemented under trade
authorities procedures since 1984.
Section 105(f)(2) provides as follows:
khammond on DSKJM1Z7X2PROD with NOTICES
(2) REPORT ON IMPACT OF TRADE
PROMOTION AUTHORITY.—Not later than
one year after the date of the enactment of
this Act, and not later than 5 years thereafter,
the United States International Trade
Commission shall submit to the Committee
on Ways and Means of the House of
Representatives and the Committee on
Finance of the Senate a report on the
economic impact on the United States of all
trade agreements with respect to which
Congress has enacted an implementing bill
under trade authorities procedures since
January 1, 1984.
The Commission submitted its first
report on June 29, 2016 (Inv. No. 332–
555, Pub. No. 4614) and will submit the
second report by June 29, 2021.
For purposes of this report the
Commission considers the trade
agreements covered to include the
Uruguay Round Agreements, the North
American Free Trade Agreement
(NAFTA), the United States-MexicoCanada Agreement (USMCA), and U.S.
free trade agreements with Australia,
Bahrain, Canada, Chile, Colombia, the
Dominican Republic and five Central
American countries (Costa Rica, El
Salvador, Guatemala, Honduras, and
Nicaragua), Israel, Jordan, Korea,
Morocco, Oman, Panama, Peru, and
Singapore.
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The Commission has instituted an
investigation under section 105(f)(2) of
the Bipartisan Congressional Trade
Priorities and Accountability Act of
2015 for the purpose of preparing this
report and also for the purpose of
assisting the public in the filing and
inspection of documents and also to
make the report more readily accessible
to the public through the Commission’s
website.
Public Hearing: A public hearing in
connection with this investigation will
be held beginning at 9:30 a.m. on
October 6, 2020. Information about the
place and form of the hearing, including
about how to participate in or view the
hearing, will be posted on the
Commission’s website at (https://
usitc.gov/research_and_analysis/what_
we_are_working_on.htm). Once on that
web page, scroll down to the entry for
investigation No. TPA–105–008,
Economic Impact of Trade Agreements
Implemented Under Trade Authorities
Procedures, 2021 Report, and click on
the link to ‘‘hearing instructions.’’
Interested parties should check the
Commission’s website periodically for
updates.
Requests to appear at the public
hearing should be filed with the
Secretary, no later than 5:15 p.m.,
September 21, 2020 in accordance with
the requirements in the ‘‘Submissions’’
section below. All pre-hearing briefs
and statements should be filed no later
than 5:15 p.m., September 25, 2020; and
all post-hearing briefs and statements
should be filed not later than 5:15 p.m.,
October 23, 2020. In the event that, as
of the close of business on September
21, 2020, no witnesses are scheduled to
appear at the hearing, the hearing will
be canceled. Any person interested in
attending the hearing as an observer or
nonparticipant should contact the Office
of the Secretary at 202–205–2000 after
September 21, 2020, for information
concerning whether the hearing will be
held.
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to file
written submissions concerning this
investigation. All written submissions
should be addressed to the Secretary,
and should be received not later than
5:15 p.m., November 6, 2020. All
written submissions must conform to
the provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8), as
temporarily amended by 85 FR 15798
(March 19, 2020). Under that rule
waiver, the Office of the Secretary will
accept only electronic filings at this
time. Filings must be made through the
Commission’s Electronic Document
PO 00000
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Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. Persons with questions
regarding electronic filing should
contact the Office of the Secretary,
Docket Services Division (202–205–
1802), or consult the Commission’s
Handbook on Filing Procedures.
Confidential Business Information.
Any submissions that contain
confidential business information must
also conform to the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
Any confidential business
information received by the
Commission in this investigation and
used in preparing this report will not be
published in a manner that would
reveal the operations of the firm
supplying the information.
Summaries of Written Submissions:
Persons wishing to have a summary of
their position included in the report
should include a summary with their
written submission and should mark the
summary as having been provided for
that purpose. The summary should be
clearly marked as ‘‘summary for
inclusion in the report’’ at the top of the
page. The summary may not exceed 500
words, should be in MS Word format or
a format that can be easily converted to
MS Word, and should not include any
confidential business information. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. The Commission will list
the name of the organization furnishing
the summary and will include a link to
the Commission’s Electronic Document
Information System (EDIS) where the
full written submission can be found.
By order of the Commission.
Issued: June 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–12995 Filed 6–16–20; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36615-36616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12995]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TPA-105-008]
Economic Impact of Trade Agreements Implemented Under Trade
Authorities Procedures, 2021 Update; Notice of Institution of
Investigation and Schedule of a Public Hearing
AGENCY: U.S. International Trade Commission.
ACTION: Notice of investigation and scheduling of a public hearing.
-----------------------------------------------------------------------
SUMMARY: The Commission has instituted Investigation No. TPA-105-008,
Economic Impact of Trade Agreements Implemented Under Trade Authorities
Procedures, 2021 Report, for the purpose of preparing the second of two
reports required by section 105(f)(2) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015. Section 105(f)(2)
requires that the Commission submit to the House Committee on Ways and
Means and the Senate Committee on Finance two reports, one by June 29,
2016, and a second by June 29, 2021, on the economic impact on the
United States of all trade agreements with respect to which Congress
has enacted an implementing bill under trade authorities procedures
since January 1, 1984.
DATES:
September 21, 2020: Deadline for filing requests to appear at the
public hearing.
September 25, 2020: Deadline for filing prehearing briefs and
statements.
October 6, 2020: Public hearing.
October 23, 2020: Deadline for filing post-hearing briefs and
statements.
November 6, 2020: Deadline for filing all other written
submissions.
June 29, 2021: Transmittal of Commission report to the Committees.
ADDRESSES: All Commission offices, including the Commission's hearing
rooms, are located in the U.S. International Trade Commission Building,
500 E Street SW, Washington, DC. All written submissions should be
submitted electronically and addressed to the Secretary, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Project Leaders Tamara Gurevich (202-
205-3403 or [email protected]) or David Guberman (202-708-1396
or [email protected]) for information specific to this
[[Page 36616]]
investigation. For information on the legal aspects of this
investigation, contact William Gearhart of the Commission's Office of
the General Counsel (202-205-3091 or [email protected]). The
media should contact Margaret O'Laughlin, Office of External Relations
(202-205-1819 or [email protected]). Hearing-impaired
individuals may obtain information on this matter by contacting the
Commission's TDD terminal at 202-205-1810. General information
concerning the Commission may also be obtained by accessing its website
(https://www.usitc.gov). 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.
SUPPLEMENTARY INFORMATION: Background: On June 29, 2015, the President
signed the Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (TPA). Section 105(f)(2) of the Act (19 U.S.C. 4204(f)(2))
requires the Commission to submit two reports to the House Committee on
Ways and Means and Senate Committee on Finance, one in 2016 and a
second not later than mid-2021, on the economic impact of trade
agreements implemented under trade authorities procedures since 1984.
Section 105(f)(2) provides as follows:
(2) REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY.--Not later
than one year after the date of the enactment of this Act, and not
later than 5 years thereafter, the United States International Trade
Commission shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
a report on the economic impact on the United States of all trade
agreements with respect to which Congress has enacted an
implementing bill under trade authorities procedures since January
1, 1984.
The Commission submitted its first report on June 29, 2016 (Inv.
No. 332-555, Pub. No. 4614) and will submit the second report by June
29, 2021.
For purposes of this report the Commission considers the trade
agreements covered to include the Uruguay Round Agreements, the North
American Free Trade Agreement (NAFTA), the United States-Mexico-Canada
Agreement (USMCA), and U.S. free trade agreements with Australia,
Bahrain, Canada, Chile, Colombia, the Dominican Republic and five
Central American countries (Costa Rica, El Salvador, Guatemala,
Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama,
Peru, and Singapore.
The Commission has instituted an investigation under section
105(f)(2) of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 for the purpose of preparing this report and
also for the purpose of assisting the public in the filing and
inspection of documents and also to make the report more readily
accessible to the public through the Commission's website.
Public Hearing: A public hearing in connection with this
investigation will be held beginning at 9:30 a.m. on October 6, 2020.
Information about the place and form of the hearing, including about
how to participate in or view the hearing, will be posted on the
Commission's website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm). Once on that web page, scroll down to the
entry for investigation No. TPA-105-008, Economic Impact of Trade
Agreements Implemented Under Trade Authorities Procedures, 2021 Report,
and click on the link to ``hearing instructions.'' Interested parties
should check the Commission's website periodically for updates.
Requests to appear at the public hearing should be filed with the
Secretary, no later than 5:15 p.m., September 21, 2020 in accordance
with the requirements in the ``Submissions'' section below. All pre-
hearing briefs and statements should be filed no later than 5:15 p.m.,
September 25, 2020; and all post-hearing briefs and statements should
be filed not later than 5:15 p.m., October 23, 2020. In the event that,
as of the close of business on September 21, 2020, no witnesses are
scheduled to appear at the hearing, the hearing will be canceled. Any
person interested in attending the hearing as an observer or
nonparticipant should contact the Office of the Secretary at 202-205-
2000 after September 21, 2020, for information concerning whether the
hearing will be held.
Written Submissions: In lieu of or in addition to participating in
the hearing, interested parties are invited to file written submissions
concerning this investigation. All written submissions should be
addressed to the Secretary, and should be received not later than 5:15
p.m., November 6, 2020. All written submissions must conform to the
provisions of section 201.8 of the Commission's Rules of Practice and
Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798 (March
19, 2020). Under that rule waiver, the Office of the Secretary will
accept only electronic filings at this time. Filings must be made
through the Commission's Electronic Document Information System (EDIS,
https://edis.usitc.gov). No in-person paper-based filings or paper
copies of any electronic filings will be accepted until further notice.
Persons with questions regarding electronic filing should contact the
Office of the Secretary, Docket Services Division (202-205-1802), or
consult the Commission's Handbook on Filing Procedures.
Confidential Business Information. Any submissions that contain
confidential business information must also conform to the requirements
of section 201.6 of the Commission's Rules of Practice and Procedure
(19 CFR 201.6). Section 201.6 of the rules requires that the cover of
the document and the individual pages be clearly marked as to whether
they are the ``confidential'' or ``non-confidential'' version, and that
the confidential business information is clearly identified by means of
brackets. All written submissions, except for confidential business
information, will be made available for inspection by interested
parties.
Any confidential business information received by the Commission in
this investigation and used in preparing this report will not be
published in a manner that would reveal the operations of the firm
supplying the information.
Summaries of Written Submissions: Persons wishing to have a summary
of their position included in the report should include a summary with
their written submission and should mark the summary as having been
provided for that purpose. The summary should be clearly marked as
``summary for inclusion in the report'' at the top of the page. The
summary may not exceed 500 words, should be in MS Word format or a
format that can be easily converted to MS Word, and should not include
any confidential business information. The summary will be published as
provided if it meets these requirements and is germane to the subject
matter of the investigation. The Commission will list the name of the
organization furnishing the summary and will include a link to the
Commission's Electronic Document Information System (EDIS) where the
full written submission can be found.
By order of the Commission.
Issued: June 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12995 Filed 6-16-20; 8:45 am]
BILLING CODE 7020-02-P
