Certain Pocket Lighters; Notice of Commission Final Determination of a Violation of Section 337; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 38389-38390 [2020-13765]

Download as PDF Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices In light of the ongoing concerns regarding Coronavirus (COVID–19), the District of Columbia, the State of Maryland, and the Commonwealth of Virginia recently began measures for a phased reopening of the region. These plans were developed in response to the President’s guidance for a three-phased approach based on the advice of public health experts that includes steps to help state, regional, and local officials when reopening their regions. https:// www.whitehouse.gov/openingamerica/ #criteria. Similarly, based upon guidance from the Office of Management and Budget (OMB) and Office of Personnel Management (OPM), (https://www.whitehouse.gov/wpcontent/uploads/2020/04/M-20-23.pdf), as well as from the Centers for Disease Control and Prevention (CDC) and other relevant agencies regarding COVID–19, the USITC has developed a three-phase plan to reestablish on-site business operations. The Chairman has begun implementation of the USITC’s threephase plan, which utilizes the identified gating criteria and relevant factors to guide the Commission’s progression through the phases. Under that plan, the Commission has determined to extend postponement of all section 337 in-person hearings effective June 19, 2020 until such time as the agency enters PHASE THREE of the three-phase plan. Commission Administrative Law Judges (ALJs) are directed to notify all affected parties and to schedule new dates for hearings as appropriate. ALJs may otherwise conduct their investigations in accordance with their established procedures. 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). SUPPLEMENTARY INFORMATION: By order of the Commission. Issued: June 22, 2020. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2020–13778 Filed 6–25–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7020–02–P VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1142] Certain Pocket Lighters; Notice of Commission Final Determination of a Violation of Section 337; Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm an initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) granting the motion of BIC Corporation (‘‘BIC’’ or ‘‘Complainant’’) for summary determination of a violation of section 337 by respondents Milan Import Export Company, LLC (‘‘Milan’’); Wellpine Company Limited (‘‘Wellpine’’); and Zhuoye Lighter Manufacturing Co., Ltd. (‘‘Zhuoye’’) (collectively, ‘‘the Defaulting Respondents’’). The Commission has also determined to issue a general exclusion order (‘‘GEO’’) barring entry of certain pocket lighters including an oblong body which is elliptical in crosssection, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe Complainant’s asserted trade dress. The Commission has further determined to issue a cease and desist order (‘‘CDO’’) directed to respondent Milan. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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: On February 12, 2019, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 38389 337’’), based on a complaint filed by Complainant BIC of Shelton, Connecticut. See 84 FR 3486–87 (Feb. 12, 2019). The complaint, as supplemented, alleges a violation 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 pocket lighters by reason of infringement of U.S. Trademark Registration Nos. 1,761,622 and 2,278,917. See id. The notice of investigation names numerous respondents, including Milan of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan City, China (collectively, ‘‘Defaulting Respondents’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. See id. The Commission previously terminated other respondents based on settlement and entry of a consent order. See Order No. 21 (Oct. 30, 2019), unreviewed, Comm’n Notice (Nov. 25, 2019). The Commission also terminated an unserved respondent based on the withdrawal of the complaint allegations as to that respondent. See Order No. 23 (Dec. 18, 2019), unreviewed, Comm’n Notice (Jan. 16, 2020). The Commission further found each of the Defaulting Respondents in default. See Order No. 13 (June 6, 2019), unreviewed, Comm’n Notice (July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm’n Notice (July 8, 2019); Order No. 15 (June 18, 2019), aff’d with modification, Comm’n Notice (July 10, 2019). On November 14, 2019, Complainant filed a motion for summary determination of a violation of section 337 by the Defaulting Respondents. On December 16, 2019, OUII filed a response in support of Complainant’s motion. On February 12, 2020, the ALJ issued an ID granting Complainant’s motion for summary determination of violation of section 337 by the Defaulting Respondents. No petition for review of the ID was filed. On April 22, 2020, the Commission determined to review the ID in part with respect to the ID’s findings on the economic prong of the domestic industry requirement. See 85 FR 23528– 29 (Apr. 28, 2020). The Commission’s notice also requested written submissions on remedy, the public interest, and bonding. See id. On May 8, 2020, Complainant and OUII submitted written submissions, and on May 15, 2020, Complainant submitted a reply submission, in response to the Commission’s notice. No other submissions were received. E:\FR\FM\26JNN1.SGM 26JNN1 38390 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES As explained in the Commission’s Opinion issued concurrently herewith, the Commission has determined to affirm the ID’s findings with respect to the economic prong of the domestic industry requirement and, thus, the ID’s finding of a violation of section 337. The Commission has also determined that the appropriate remedy in this investigation is: (1) A GEO prohibiting the unlicensed entry of certain pocket lighters including an oblong body which is elliptical in cross-section, a fork which is generally parabolic in crosssection, and/or a hood which is generally parabolic in cross-section, that infringe Complainant’s asserted trade dress, pursuant to section 337(d)(2) (19 U.S.C. 1337(d)(2)); and (2) a CDO directed to defaulting respondent Milan, pursuant to section 337(f)(1) (19 U.S.C. 1337(f)(1)). The Commission has further determined that the bond during the period of Presidential review pursuant to section 337 (j) (19 U.S.C. 1337(j)) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the GEO and/ or CDO. Still further, the Commission has determined that the public interest factors enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of the GEO and CDO. The Commission vote for this determination took place on June 22, 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). While temporary remote operating procedures are in place in response to COVID–19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules §§ 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the Complainant(s) complete service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System (EDIS). By order of the Commission. Issued: June 22, 2020. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2020–13765 Filed 6–25–20; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 19:42 Jun 25, 2020 Jkt 250001 DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140–0099] Agency Information Collection Activities; Proposed eCollection eComments Requested; ATF Adjunct Instructor Data Form—ATF Form 6140.3 Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION: 30-Day notice. AGENCY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit 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 an additional 30 days until July 27, 2020. FOR FURTHER INFORMATION CONTACT: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. 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 agency, 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 information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Revision of a currently approved collection. (2) The Title of the Form/Collection: ATF Adjunct Instructor Data Form. (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: ATF Form 6140.3. Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal Government. Other: Individuals or households, Business or other for-profit, Not-forprofit institutions, and State, Local or Tribal Government. Abstract: The Adjunct Instructor Data Form—ATF Form 6140.3 will be used to collect the necessary personally identifiable information (PII) from nonATF employees, in order to document and evaluate their qualifications to serve as an ATF instructor. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 20 respondents will utilize the form annually, and it will take each respondent approximately 30 minutes to complete their responses. (6) An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 10 hours, which is equal to 20 (# of respondents) * 1 (# of responses per respondent) * .5 (30 minutes). If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: June 23, 2020. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2020–13810 Filed 6–25–20; 8:45 am] BILLING CODE 4410–14–P E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Pages 38389-38390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13765]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1142]


Certain Pocket Lighters; Notice of Commission Final Determination 
of a Violation of Section 337; Issuance of a General Exclusion Order 
and a Cease and Desist Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm an initial determination (``ID'') 
of the presiding administrative law judge (``ALJ'') granting the motion 
of BIC Corporation (``BIC'' or ``Complainant'') for summary 
determination of a violation of section 337 by respondents Milan Import 
Export Company, LLC (``Milan''); Wellpine Company Limited 
(``Wellpine''); and Zhuoye Lighter Manufacturing Co., Ltd. (``Zhuoye'') 
(collectively, ``the Defaulting Respondents''). The Commission has also 
determined to issue a general exclusion order (``GEO'') barring entry 
of certain pocket lighters including an oblong body which is elliptical 
in cross-section, a fork which is generally parabolic in cross-section, 
and/or a hood which is generally parabolic in cross-section, that 
infringe Complainant's asserted trade dress. The Commission has further 
determined to issue a cease and desist order (``CDO'') directed to 
respondent Milan. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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: On February 12, 2019, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Complainant BIC of Shelton, Connecticut. See 84 FR 
3486-87 (Feb. 12, 2019). The complaint, as supplemented, alleges a 
violation 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 pocket lighters by reason of infringement 
of U.S. Trademark Registration Nos. 1,761,622 and 2,278,917. See id. 
The notice of investigation names numerous respondents, including Milan 
of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan 
City, China (collectively, ``Defaulting Respondents''). See id. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. See id.
    The Commission previously terminated other respondents based on 
settlement and entry of a consent order. See Order No. 21 (Oct. 30, 
2019), unreviewed, Comm'n Notice (Nov. 25, 2019). The Commission also 
terminated an unserved respondent based on the withdrawal of the 
complaint allegations as to that respondent. See Order No. 23 (Dec. 18, 
2019), unreviewed, Comm'n Notice (Jan. 16, 2020).
    The Commission further found each of the Defaulting Respondents in 
default. See Order No. 13 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 15 (June 18, 2019), aff'd with modification, 
Comm'n Notice (July 10, 2019).
    On November 14, 2019, Complainant filed a motion for summary 
determination of a violation of section 337 by the Defaulting 
Respondents. On December 16, 2019, OUII filed a response in support of 
Complainant's motion. On February 12, 2020, the ALJ issued an ID 
granting Complainant's motion for summary determination of violation of 
section 337 by the Defaulting Respondents. No petition for review of 
the ID was filed.
    On April 22, 2020, the Commission determined to review the ID in 
part with respect to the ID's findings on the economic prong of the 
domestic industry requirement. See 85 FR 23528-29 (Apr. 28, 2020). The 
Commission's notice also requested written submissions on remedy, the 
public interest, and bonding. See id. On May 8, 2020, Complainant and 
OUII submitted written submissions, and on May 15, 2020, Complainant 
submitted a reply submission, in response to the Commission's notice. 
No other submissions were received.

[[Page 38390]]

    As explained in the Commission's Opinion issued concurrently 
herewith, the Commission has determined to affirm the ID's findings 
with respect to the economic prong of the domestic industry requirement 
and, thus, the ID's finding of a violation of section 337. The 
Commission has also determined that the appropriate remedy in this 
investigation is: (1) A GEO prohibiting the unlicensed entry of certain 
pocket lighters including an oblong body which is elliptical in cross-
section, a fork which is generally parabolic in cross-section, and/or a 
hood which is generally parabolic in cross-section, that infringe 
Complainant's asserted trade dress, pursuant to section 337(d)(2) (19 
U.S.C. 1337(d)(2)); and (2) a CDO directed to defaulting respondent 
Milan, pursuant to section 337(f)(1) (19 U.S.C. 1337(f)(1)). The 
Commission has further determined that the bond during the period of 
Presidential review pursuant to section 337 (j) (19 U.S.C. 1337(j)) 
shall be in the amount of 100 percent of the entered value of the 
imported articles that are subject to the GEO and/or CDO. Still 
further, the Commission has determined that the public interest factors 
enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), 
(f)(1)) do not preclude the issuance of the GEO and CDO.
    The Commission vote for this determination took place on June 22, 
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).
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules Sec. Sec.  201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 
210.7(a)(1)), the Commission orders that the Complainant(s) complete 
service for any party/parties without a method of electronic service 
noted on the attached Certificate of Service and shall file proof of 
service on the Electronic Document Information System (EDIS).

    By order of the Commission.

    Issued: June 22, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-13765 Filed 6-25-20; 8:45 am]
BILLING CODE 7020-02-P