Certain Electronic Candle Products and Components Thereof; Institution of Investigation, 50048-50049 [2020-17933]

Download as PDF 50048 Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Notices 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 claims 1, 10, 12, 17, 21, and 24–26 of the ’531 patent; claims 1, 24–27, 29, 48–50, 52, 57–60, and 65–67 of the ’819 patent; claims 1–14 of the ’449 patent; claims 1–12 of the ’270 patent; and claims 1– 24 of the ’570 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 ‘‘LED fixtures for indoor or outdoor applications, and components of such products’’; (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 complainant is: Ideal Industries Lighting LLC, d/b/a Cree Lighting, 4401 Silicon Drive, Durham, North Carolina 27703. (4) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: RAB Lighting Inc., 170 Ludlow Avenue, Northvale, NJ 07647. (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 respondent in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16Ö and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant 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 the 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 VerDate Sep<11>2014 17:13 Aug 14, 2020 Jkt 250001 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: August 12, 2020. Lisa Barton, Secretary to the Commission. 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 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: [FR Doc. 2020–17931 Filed 8–14–20; 8:45 am] BILLING CODE 7020–02–P Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1212] Certain Electronic Candle Products and Components Thereof; Institution of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 15, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Sterno Group Companies, LLC of Corona, California and Sterno Home Inc. of Canada. Supplements were filed on July 27 and August 5, 2020. 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 electronic candle products and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,068,706 (‘‘the ’706 patent’’), U.S. Patent No. 10,024,507 (‘‘the ’507 patent’’), U.S. Patent No. 10,352,517 (‘‘the ’517 patent’’), and U.S. Patent No. 10,578,264 (‘‘the ’264 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 SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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 August 11, 2020, ordered that— (4) 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 claims 1, 2, 4, 5, 7, and 11–14 of the ’706 patent; claims 1, 2, 4, 5, 7, 11–14, and 16 of the ’507 patent; claims 1, 3–7, and 9–12 of the ’517 patent; and claims 1, 3–6, 14, 16, and 17 of the ’264 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 ‘‘artificial flameless candles that simulate a realistic flame effect using LEDs and electronic components’’; (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: E:\FR\FM\17AUN1.SGM 17AUN1 Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Notices The Sterno Group Companies, LLC, 1880 Compton Avenue, Suite 101, Corona, California 92881 Sterno Home Inc., 1 Burbidge Street, Suite 101, Coquitlam, BC V3K 7B2, Canada Issued: August 12, 2020. Lisa Barton, Secretary to the Commission. (4) 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: DEPARTMENT OF JUSTICE [FR Doc. 2020–17933 Filed 8–14–20; 8:45 am] BILLING CODE 7020–02–P Shenzhen Liown Electronics Co. Ltd., No. 7, Gongye 3rd Road, Shekou, Nanshan District, Shenzhen, Guangdong, 518067, China Luminara Worldwide, LLC, 10911 Valley View Road, Eden Prairie, MN 55344 L & L Candle Company, LLC, 621 Lunar Avenue, Brea, California 92821 Ö 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. 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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant 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. VerDate Sep<11>2014 17:13 Aug 14, 2020 Jkt 250001 Antitrust Division Notice Pursuant to the Defense Production Act of 1950 Antitrust Division, U.S. Department of Justice. ACTION: Notice of review of voluntary agreement. AGENCY: Notice is hereby given pursuant to section 708 of the Defense Production Act of 1950 (‘‘DPA’’), that the Attorney General finds, with respect to the Voluntary Agreement for the Manufacture and Distribution of Critical Healthcare Resources Necessary to Respond to a Pandemic (‘‘Voluntary Agreement’’) proposed by the Federal Emergency Management Agency (‘‘FEMA’’), that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through a voluntary agreement having less anticompetitive effects or without any voluntary agreement. Given this finding, the proposed Voluntary Agreement may become effective following the publication of this notice. FEMA is publishing the text of the proposed Voluntary Agreement elsewhere in this issue of the Federal Register. SUPPLEMENTARY INFORMATION: Under the DPA, FEMA may enter into agreements with representatives of private industry for the purpose of improving the efficiency with which private firms contribute to the national defense when conditions exist that may pose a direct threat to the national defense or its preparedness. Such arrangements are generally known as ‘‘voluntary agreements.’’ A defense to actions brought under the antitrust laws is available to each participant acting within the scope of a voluntary agreement that has come into force under the DPA. The DPA requires that each proposed voluntary agreement be reviewed by the Attorney General prior to becoming effective. If, after consulting with the Chairman of the Federal Trade Commission, the Attorney General finds that the purposes of the DPA’s voluntary-agreements provision ‘‘may not reasonably be achieved through a voluntary agreement . . . having less anticompetitive effects or without any voluntary agreement,’’ the agreement SUMMARY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 50049 may become effective. 50 U.S.C. 4558(f)(1)(B). The purpose of the proposed Voluntary Agreement is to support Department of Homeland Security, Department of Health and Human Services (‘‘HHS’’), and FEMA contingency requirements to provide medical resources during times of pandemic through procedures agreed upon in advance. The proposed Voluntary Agreement establishes the terms, conditions and procedures under which participants agree voluntarily to contribute and facilitate medical resources production and distribution capacity as requested by FEMA, HHS, and other Federal Government entities. FEMA has certified that the proposed Voluntary Agreement is necessary to provide for the national defense in the event of a pandemic. FEMA requested that the Attorney General issue a finding that the proposed Voluntary Agreement satisfies the statutory criteria set forth in 50 U.S.C. 4558(f)(1)(B). The Antitrust Division reviewed the proposed agreement, attended an open meeting of interested persons pursuant to the requirements of 44 CFR 332.2, and consulted with the Chairman of the Federal Trade Commission as to the competitive effect of the proposed agreement. On July 31, 2020, by letter to Peter Gaynor, FEMA Administrator, William P. Barr, Attorney General, issued a finding, pursuant to 50 U.S.C. 4558(f)(1)(B), that the purposes of the DPA’s voluntary-agreements provision ‘‘may not reasonably be achieved through a voluntary agreement . . . having less anticompetitive effects or without any voluntary agreement.’’ David G.B. Lawrence, Chief, Competition Policy & Advocacy Section. [FR Doc. 2020–18006 Filed 8–14–20; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On August 5, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Colorado in the lawsuit entitled United States v. Groendyke Transport Inc., Civil Action No. 1:20–cv–02311. This civil action asserts claims for penalties against Groendyke Transport Inc. Groendyke, as the legal successor to Manweiler Transport Company (Transport), for violations of Section E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50048-50049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17933]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1212]


Certain Electronic Candle Products and Components Thereof; 
Institution of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 15, 2020, under section 337 
of the Tariff Act of 1930, as amended, on behalf of The Sterno Group 
Companies, LLC of Corona, California and Sterno Home Inc. of Canada. 
Supplements were filed on July 27 and August 5, 2020. 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 electronic candle products and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 9,068,706 (``the '706 patent''), U.S. Patent No. 10,024,507 
(``the '507 patent''), U.S. Patent No. 10,352,517 (``the '517 
patent''), and U.S. Patent No. 10,578,264 (``the '264 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 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.

SUPPLEMENTARY INFORMATION: 
    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 August 11, 2020, ordered that--
    (4) 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 
claims 1, 2, 4, 5, 7, and 11-14 of the '706 patent; claims 1, 2, 4, 5, 
7, 11-14, and 16 of the '507 patent; claims 1, 3-7, and 9-12 of the 
'517 patent; and claims 1, 3-6, 14, 16, and 17 of the '264 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 ``artificial flameless 
candles that simulate a realistic flame effect using LEDs and 
electronic components'';
    (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:


[[Page 50049]]


The Sterno Group Companies, LLC, 1880 Compton Avenue, Suite 101, 
Corona, California 92881
Sterno Home Inc., 1 Burbidge Street, Suite 101, Coquitlam, BC V3K 7B2, 
Canada

    (4) 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:

Shenzhen Liown Electronics Co. Ltd., No. 7, Gongye 3rd Road, Shekou, 
Nanshan District, Shenzhen, Guangdong, 518067, China
Luminara Worldwide, LLC, 10911 Valley View Road, Eden Prairie, MN 55344
L & L Candle Company, LLC, 621 Lunar Avenue, Brea, California 92821

    [euro] 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.
    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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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: August 12, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-17933 Filed 8-14-20; 8:45 am]
BILLING CODE 7020-02-P
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