Certain Motorized Vehicles and Components Thereof; Commission Determination To Institute a Modification Proceeding; Schedule and Procedure for the Modification Proceeding, 44923-44924 [2020-16028]

Download as PDF Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Notices information from public review, we cannot guarantee that we will be able to do so. Authority: 5 U.S.C. Appendix 2. Kurt Pindel, Spokane District Manager. [FR Doc. 2020–16056 Filed 7–23–20; 8:45 am] BILLING CODE 4310–33–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1194] Certain High-Density Fiber Optic Equipment and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 9) of the presiding administrative law judge (‘‘ALJ’’), granting complainant’s unopposed motion to amend the complaint and notice of investigation (‘‘NOI’’) to add proposed respondent AFL Telecommunications LLC (‘‘AFL Telecommunications’’) and to terminate respondent AFL Telecommunications Holdings LLC (‘‘AFL Holdings’’). FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–2392. 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: The Commission instituted this investigation on March 24, 2020, based on a complaint filed on behalf of Corning Optical Communications LLC (‘‘Corning’’) of Charlotte, North Carolina. 85 FR 16653 (Mar. 24, 2020). The complaint, as supplemented, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:45 Jul 23, 2020 Jkt 250001 alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain high-density fiber optic equipment and components thereof by reason of infringement of certain claims of U.S. Patent Nos.: 9,020,320; 8,712,206; 10,120,153; 10,094,996; and 10,444,456. Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation named thirteen respondents including AFL Holdings of Duncan, South Carolina. Id. The notice of investigation also names the Office of Unfair Import Investigations as a party. Id. at 16654. On June 1, 2020, Corning filed a motion to amend the complaint and notice of investigation to add proposed respondent AFL Telecommunications and to terminate respondent AFL Holdings. The motion notes that AFL Telecommunications is a related corporate entity of AFL Holdings, and that termination of AFL Holdings is appropriate because AFL Telecommunications is the operating entity engaged in importation and sales potentially relevant to this investigation. Order No. 9 at 1–2 (June 19, 2020). No response was filed. On June 19, 2020, the ALJ issued the subject ID granting the unopposed motion to amend. Id. at 3. The ID notes that the motion complies with Commission Rules 210.14 and 210.21, 19 CFR 210.14 and 210.21. See id. at 1– 3. The ID concludes that ‘‘good cause exists to amend the amended complaint and notice of investigation to conform to the correct information.’’ Id. at 3. No petitions for review were filed. The Commission has determined not to review the subject ID. The complaint and notice of investigation have been amended to add respondent AFL Telecommunications and to terminate respondent AFL Holdings. 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 complete service for any party 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). The Commission vote for this determination took place on July 20, 2020. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 44923 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: July 20, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–16029 Filed 7–23–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1132 (Modification)] Certain Motorized Vehicles and Components Thereof; Commission Determination To Institute a Modification Proceeding; Schedule and Procedure for the Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the abovecaptioned investigation. The Commission has also determined to delegate the modification proceeding to the Chief Administrative Law Judge (‘‘ALJ’’) to designate a presiding ALJ to make all necessary factual and legal findings and to issue a recommended determination. The Commission has further determined to set the date for the ALJ to issue a recommended determination to three months from issuance of this notice. 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. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by SUMMARY: E:\FR\FM\24JYN1.SGM 24JYN1 jbell on DSKJLSW7X2PROD with NOTICES 44924 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Notices contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on September 13, 2018, based on a complaint, as amended, filed by FCA US LLC of Auburn Hills, Michigan (‘‘Complainant’’). See 83 FR 46517 (Sept. 13, 2018). 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 motorized vehicles and components thereof by reason of: (1) Infringement of U.S. Trademark Registration Nos. 4,272,873; 2,862,487; 2,161,779; 2,794,553; and 4,043,984 (collectively, ‘‘the Asserted Trademarks’’); (2) trademark dilution and unfair competition in violating the complainant’s common law trademark rights; and (3) trade dress infringement. See id. The notice of investigation names Mahindra & Mahindra Ltd. of Mumbai, India and Mahindra Automotive North America, Inc. of Auburn Hills, Michigan (collectively, ‘‘Respondents’’) as respondents in this investigation. See id. The Office of Unfair Import Investigations is also a party to this investigation. See id. The ALJ conducted an evidentiary hearing on August 19–23, 2019. On November 8, 2019, the ALJ issued a final initial determination (‘‘FID’’) finding a violation of section 337. Specifically, the FID determined that Respondents’ Roxor vehicle (2018–2019 model) infringes FCA’s asserted trade dress but not its Asserted Trademarks. The FID also determined that Complainant did not establish trademark dilution. On June 11, 2020, the Commission determined to affirm the FID’s determination of a violation of section 337. The Commission issued an LEO barring entry of articles that infringe the asserted trade dress and a CDO against both Respondents. The Commission declined to adjudicate Respondents’ proposed redesigned vehicles and required Respondents to obtain a ruling (via an advisory opinion or a modification proceeding) from the Commission prior to any importation of redesigned vehicles or components thereof. On June 18, 2020, Respondents filed a petition for an expedited modification proceeding as to two redesigned vehicles, namely the 2020 Roxor vehicle and the Post-2020 Roxor vehicle. Respondents further request, should the Commission determine that the 2020 Roxor vehicle requires more time, that the Commission institute a modification VerDate Sep<11>2014 20:45 Jul 23, 2020 Jkt 250001 proceeding only as to the Post-2020 ROXOR vehicle. On June 29, 2020, Complainant filed a response in opposition to Respondents’ petition. OUII did not file a response to the petition. On July 7, 2020, Respondents filed a motion for leave to file a reply in support of their petition for an expedited modification proceeding, which is hereby GRANTED. The Commission has determined to institute a modification proceeding under 19 U.S.C. 1337(k) and 19 CFR 210.76 to adjudicate infringement with respect to Respondents’ Post-2020 ROXOR vehicle. The Commission has also determined to delegate the modification proceeding to the Chief ALJ to designate a presiding ALJ to make all necessary factual and legal findings and to issue a recommended determination as to whether the Commission shall modify the remedial orders to explicitly exempt Respondents’ Post-2020 ROXOR vehicle. The Commission has further determined to set the deadline for the ALJ to issue a recommended determination to three months from issuance of this notice. Should the ALJ determine that more time is necessary, the deadline may be extended for good cause shown. The Commission’s vote on this determination took place on July 20, 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: July 20, 2020. Lisa Barton, Secretary to the Commission. DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–686] Bulk Manufacturer of Controlled Substances Application: Ampac Fine Chemicals LLC Notice of application. 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 September 22, 2020. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Controlled substance Methylphenidate ............ Levomethorphan ............ Levorphanol ................... Thebaine ........................ Remifentanil ................... Tapentadol ..................... Drug code 1724 9210 9220 9333 9739 9780 Schedule II II II II II II The company plans to manufacture the listed controlled substances for distribution to its customers. William T. McDermott, Assistant Administrator. [FR Doc. 2020–16104 Filed 7–23–20; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–686] Bulk Manufacturer of Controlled Substances Application: Ampac Fine Chemicals LLC Notice of application. 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 September 22, 2020. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. DATES: BILLING CODE 7020–02–P DATES: In accordance with 21 CFR 1301.33(a), this is notice that on March 12, 2020, Ampac Fine Chemicals LLC, Highway 50 and Hazel Avenue, Rancho Cordova, California 95670, applied to be registered as a bulk manufacturer of the following basic class(es) of controlled substances: SUPPLEMENTARY INFORMATION: ACTION: [FR Doc. 2020–16028 Filed 7–23–20; 8:45 am] ACTION: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. ADDRESSES: In accordance with 21 CFR 1301.33(a), this is notice that on March 12, 2020, Ampac Fine Chemicals LLC, Highway 50 and Hazel Avenue, Rancho Cordova, California 95670, applied to be registered as a bulk manufacturer of the following basic class(es) of controlled substances: SUPPLEMENTARY INFORMATION: E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44923-44924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16028]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1132 (Modification)]


Certain Motorized Vehicles and Components Thereof; Commission 
Determination To Institute a Modification Proceeding; Schedule and 
Procedure for the Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a modification proceeding in the 
above-captioned investigation. The Commission has also determined to 
delegate the modification proceeding to the Chief Administrative Law 
Judge (``ALJ'') to designate a presiding ALJ to make all necessary 
factual and legal findings and to issue a recommended determination. 
The Commission has further determined to set the date for the ALJ to 
issue a recommended determination to three months from issuance of this 
notice.

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. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by

[[Page 44924]]

contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 13, 2018, based on a complaint, as amended, filed by FCA 
US LLC of Auburn Hills, Michigan (``Complainant''). See 83 FR 46517 
(Sept. 13, 2018). 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 
motorized vehicles and components thereof by reason of: (1) 
Infringement of U.S. Trademark Registration Nos. 4,272,873; 2,862,487; 
2,161,779; 2,794,553; and 4,043,984 (collectively, ``the Asserted 
Trademarks''); (2) trademark dilution and unfair competition in 
violating the complainant's common law trademark rights; and (3) trade 
dress infringement. See id. The notice of investigation names Mahindra 
& Mahindra Ltd. of Mumbai, India and Mahindra Automotive North America, 
Inc. of Auburn Hills, Michigan (collectively, ``Respondents'') as 
respondents in this investigation. See id. The Office of Unfair Import 
Investigations is also a party to this investigation. See id.
    The ALJ conducted an evidentiary hearing on August 19-23, 2019. On 
November 8, 2019, the ALJ issued a final initial determination 
(``FID'') finding a violation of section 337. Specifically, the FID 
determined that Respondents' Roxor vehicle (2018-2019 model) infringes 
FCA's asserted trade dress but not its Asserted Trademarks. The FID 
also determined that Complainant did not establish trademark dilution.
    On June 11, 2020, the Commission determined to affirm the FID's 
determination of a violation of section 337. The Commission issued an 
LEO barring entry of articles that infringe the asserted trade dress 
and a CDO against both Respondents. The Commission declined to 
adjudicate Respondents' proposed redesigned vehicles and required 
Respondents to obtain a ruling (via an advisory opinion or a 
modification proceeding) from the Commission prior to any importation 
of redesigned vehicles or components thereof.
    On June 18, 2020, Respondents filed a petition for an expedited 
modification proceeding as to two redesigned vehicles, namely the 2020 
Roxor vehicle and the Post-2020 Roxor vehicle. Respondents further 
request, should the Commission determine that the 2020 Roxor vehicle 
requires more time, that the Commission institute a modification 
proceeding only as to the Post-2020 ROXOR vehicle. On June 29, 2020, 
Complainant filed a response in opposition to Respondents' petition. 
OUII did not file a response to the petition. On July 7, 2020, 
Respondents filed a motion for leave to file a reply in support of 
their petition for an expedited modification proceeding, which is 
hereby GRANTED.
    The Commission has determined to institute a modification 
proceeding under 19 U.S.C. 1337(k) and 19 CFR 210.76 to adjudicate 
infringement with respect to Respondents' Post-2020 ROXOR vehicle. The 
Commission has also determined to delegate the modification proceeding 
to the Chief ALJ to designate a presiding ALJ to make all necessary 
factual and legal findings and to issue a recommended determination as 
to whether the Commission shall modify the remedial orders to 
explicitly exempt Respondents' Post-2020 ROXOR vehicle. The Commission 
has further determined to set the deadline for the ALJ to issue a 
recommended determination to three months from issuance of this notice. 
Should the ALJ determine that more time is necessary, the deadline may 
be extended for good cause shown.
    The Commission's vote on this determination took place on July 20, 
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: July 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-16028 Filed 7-23-20; 8:45 am]
BILLING CODE 7020-02-P