Certain Rolled-Edge Rigid Plastic Food Trays; Notice of Institution of Investigation, 37689-37690 [2020-13516]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Notices China; Hong Kong Yongxu Capital Management Co., Ltd. of China; Laiwushiyu Xinuan Trading Company of China; Shenzhen QingYueTang Ecommerce Co., Ltd. of China; Shenzhen Shiluo Trading Co., Ltd. of China; Kula eCommerce Co., Ltd. of China; Fu Si of China; Shenzhen Qifeng Technology Co., Ltd. of China; Rechar Inc. of Strasburg, CO; Ning Chen of China; Opove of Azusa, CA; and Shenzhen Shufang E-Commerce Co., Ltd. of China. The complainant requests that the Commission issue a general exclusion order, or in the alternative issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant 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 requested remedial orders are used in the United States; (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 VerDate Sep<11>2014 17:17 Jun 22, 2020 Jkt 250001 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. 3459’’) 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 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 37689 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: June 17, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–13429 Filed 6–22–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1203] Certain Rolled-Edge Rigid Plastic Food Trays; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Clearly Clean Products, LLC of South Windsor, Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain rolled-edge rigid plastic food trays by reason of infringement of certain claims of U.S. Patent No. 9,908,281 (‘‘the ’281 patent’’) and U.S. Patent No. 10,562,680 (‘‘the ’680 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request 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 EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD SUMMARY: 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\23JNN1.SGM 23JNN1 jbell on DSKJLSW7X2PROD with NOTICES 37690 Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Notices 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. 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 June 17, 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 claim 9 of the ’281 patent and claims 1, 12, 20, and 21 of the ’680 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 ‘‘open-topped food containers made of rigid plastic and having a smooth outer periphery attributable to turning or rolling of the rigid plastic at or near it its peripheral edge’’; (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 complainants are: Clearly Clean Products, LLC, 225 Oakland Road, Suite 401, South Windsor, CT 06074 Converter Manufacturing, LLC, 603 Industrial Drive, Orwigsburg, PA 17961 section 337, and are the parties upon which the complaint is to be served: INTERNATIONAL TRADE COMMISSION Eco Food Pak (USA), Inc., 8719 Enterprise Way, Chino, CA 91710 Ningbo Linhua Plastic Co., Ltd., No. 13, Dongfan Road, Xiwu, Fenghua 315000, China [Investigation Nos. 701–TA–510 and 731– TA–1245 (Review)] (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; 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), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission 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. Issued: June 18, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–13516 Filed 6–22–20; 8:45 am] BILLING CODE 7020–02–P 17:17 Jun 22, 2020 Jkt 250001 PO 00000 Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping and countervailing duty orders on calcium hypochlorite from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.2 Background The Commission instituted these reviews on December 2, 2019 (84 FR 66002) and determined on March 6, 2020 that it would conduct expedited reviews (85 FR 29740, May 18, 2020). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on June 17, 2020. The views of the Commission are contained in USITC Publication 5065 (June 2020), entitled Calcium Hypochlorite from China: Investigation Nos. 701–TA–510 and 731–TA–1245 (Review). By order of the Commission. Issued: June 17, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–13428 Filed 6–22–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—PXI Systems Alliance, Inc. Notice is hereby given that, on June 1, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI Systems Alliance, Inc. (‘‘PXI Systems’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner Jason E. Kearns not participating. (b) The respondents are the following entities alleged to be in violation of VerDate Sep<11>2014 Calcium Hypochlorite From China Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37689-37690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13516]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1203]


Certain Rolled-Edge Rigid Plastic Food Trays; Notice of 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 18, 2020, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Clearly Clean 
Products, LLC of South Windsor, Connecticut and Converter 
Manufacturing, LLC of Orwigsburg, Pennsylvania. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain rolled-edge rigid plastic food trays by 
reason of infringement of certain claims of U.S. Patent No. 9,908,281 
(``the '281 patent'') and U.S. Patent No. 10,562,680 (``the '680 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainants request 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

[[Page 37690]]

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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.
    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 June 17, 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 
claim 9 of the '281 patent and claims 1, 12, 20, and 21 of the '680 
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 ``open-topped food 
containers made of rigid plastic and having a smooth outer periphery 
attributable to turning or rolling of the rigid plastic at or near it 
its peripheral edge'';
    (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 complainants are:

Clearly Clean Products, LLC, 225 Oakland Road, Suite 401, South 
Windsor, CT 06074
Converter Manufacturing, LLC, 603 Industrial Drive, Orwigsburg, PA 
17961

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Eco Food Pak (USA), Inc., 8719 Enterprise Way, Chino, CA 91710
Ningbo Linhua Plastic Co., Ltd., No. 13, Dongfan Road, Xiwu, Fenghua 
315000, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; 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), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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.

    Issued: June 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-13516 Filed 6-22-20; 8:45 am]
BILLING CODE 7020-02-P
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