Certain Child Resistant Closures With Slider Devices Having a User Actuated Insertable Torpedo for Selectively Opening the Closures and Slider Devices Therefor Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation, 54591-54593 [2020-19338]
Download as PDF
Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Notices
significance of properties nominated
before August 22, 2020, for listing or
related actions in the National Register
of Historic Places.
DATES: Comments should be submitted
electronically by September 17, 2020.
ADDRESSES: Comments are encouraged
to be submitted electronically to
National_Register_Submissions@
nps.gov with the subject line ‘‘Public
Comment on .’’ If you
have no access to email you may send
them via U.S. Postal Service and all
other carriers to the National Register of
Historic Places, National Park Service,
1849 C Street NW, MS 7228,
Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The
properties listed in this notice are being
considered for listing or related actions
in the National Register of Historic
Places. Nominations for their
consideration were received by the
National Park Service before August 22,
2020. Pursuant to Section 60.13 of 36
CFR part 60, comments are being
accepted concerning the significance of
the nominated properties under the
National Register criteria for evaluation.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Nominations submitted by State or
Tribal Historic Preservation Officers:
IDAHO
Fremont County
Albaugh, Eleanor, Cabin, 4141 Upper Teton
Ave., Island Park, SG100005620
KANSAS
Barton County
High Rise Apartments, 1101 Kansas Ave.,
Great Bend, SG100005621
jbell on DSKJLSW7X2PROD with NOTICES
Leavenworth County
William Small Memorial Home for Aged
Women, 711 North Broadway St.,
Leavenworth, SG100005624
17:33 Sep 01, 2020
Jkt 250001
VERMONT
Century II Performing Arts and Convention
Center, 225 West Douglas Ave., Wichita,
SG100005627
McCormick-Armstrong Press Building, 1501
East Douglas Ave., Wichita, SG100005628
Wichita Public Library-Main Branch, 223
South Main St., Wichita, SG100005629
Washington County
East Calais Historic District, VT14,
Marshfield Rd., Batten Rd., Back St., and
Moscow Woods Rd., Calais, SG100005618
Shawnee County
Kouns, Charles and Dorothy, House, 1625
SW MacVicar Ave., Topeka, SG100005630
Fire Station No. 6, 1419 NE Seward Ave.,
Topeka, SG100005631
House at 116 Southwest The Drive, (Houses
of the Garlinghouse Company in Topeka
MPS), 116 SW The Drive, Topeka,
MP100005633
Lippitt, James and Freda, House, (Houses of
the Garlinghouse Company in Topeka
MPS), 2532 SW Granthurst Ave., Topeka,
MP100005634
Windsor County
Stockmayer, Walter and Sylvia, House, (MidCentury Modern Residential Architecture
in Norwich, Vermont MPS), 48 Overlook
Dr., Norwich, MP100005643
A request for removal has been made for
the following resources:
KANSAS
Wyandotte County
St. John the Divine Catholic Church, 2511
Metropolitan Ave., Kansas City,
OT13000820
MAINE
Grimm-Schultz Farmstead, (AgricultureRelated Resources of Kansas MPS), 35180
Old K–10 Hwy., Alma, MP100005635
Aroostook County
Lagassey Farm, 786 Main St., Saint Agatha,
OT08001356
Additional documentation has been
received for the following resources:
MAINE
MAINE
Cumberland County
Portland Waterfront Historic District
(Boundary Increase III), 113–115 Middle
St., Portland, BC100005648
Lincoln County
Kavanagh, Gov. Edward, House (Additional
Documentation), ME 213 (Damariscotta
Mills), Newcastle, AD74000178
Kennebec County
MARYLAND
Vassalboro Mill, 934 and 960 Main St.,
Vassalboro, SG100005649
Montgomery County
Washington Grove Historic District
(Additional Documentation), MD 124,
Washington Grove, AD80001829
Wabaunsee County
Knox County
BLACKJACK (friendship sloop), Rockland
Harbor at 75 Mechanic St., Rockland,
SG100005650
MARYLAND
Montgomery County
Washington Grove Historic District
(Boundary Increase), Roughly bounded by
Washington Grove Ln., Ridge Rd., and
MARC tracks., Washington Grove,
BC100005640
(Authority: Section 60.13 of 36 CFR part 60)
Dated: August 25, 2020.
Sherry A. Frear,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
[FR Doc. 2020–19355 Filed 9–1–20; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
MISSISSIPPI
Harrison County
Gulfport-Harrison County Public Library,
1400 21st Ave., Gulfport, SG100005619
[Investigation No. 337–TA–1171]
Brandon South College Street Historic
District, Bounded by South College St.,
East Sunset Dr. to Bentonwood Dr., jct. of
South College St., and MS 468, West
Sunset and Prescott Drs., and West Jasper
Sts., Brandon, SG100005646
Certain Child Resistant Closures With
Slider Devices Having a User Actuated
Insertable Torpedo for Selectively
Opening the Closures and Slider
Devices Therefor Commission Final
Determination of Violation of Section
337; Issuance of a General Exclusion
Order; Termination of Investigation
SOUTH CAROLINA
AGENCY:
Georgetown County
Sandy Island School, 32 Sandy Island Rd.,
Sandy Island, SG100005641
Saline County
Lowell School, (Public Schools of Kansas
MPS), 1009 South Highland Ave., Salina,
MP100005625
VerDate Sep<11>2014
Sedgwick County
Rankin County
Douglas County
Holy Family Catholic Church, 911 East 9th
St. (301 East 9th St., legal description),
Eudora, SG100005623
54591
Richland County
Ruth’s Beauty Parlor, (Segregation in
Columbia, South Carolina MPS), 1221 Pine
St., Columbia, MP100005638
PO 00000
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Fmt 4703
Sfmt 4703
U.S. International Trade
Commission.
ACTION: Notice.
Notice is hereby given that
the Commission has determined to
affirm, with modified reasoning, an
initial determination (‘‘ID’’) of the
presiding administrative law judge
SUMMARY:
E:\FR\FM\02SEN1.SGM
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54592
Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Notices
(‘‘ALJ’’) granting summary
determination on violation of section
337 by certain defaulting respondents.
The Commission has also determined to
issue a general exclusion order (‘‘GEO’’)
barring entry of certain child resistant
closures with slider devices having a
user actuated insertable torpedo for
selectively opening the closures and
slider devices therefor that infringe the
asserted claims of the three patents at
issue in this investigation. This
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. 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, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On August
21, 2019, the Commission instituted this
investigation based on a complaint filed
by Reynolds Presto Products Inc.
(‘‘Presto’’). 84 FR 43616–17 (Aug. 21,
2019). The complaint alleges violations
of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337) (‘‘section
337’’) based on the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain child resistant
closures with slider devices having a
user actuated insertable torpedo for
selectively opening the closures and
slider devices therefor by reason of
infringement of certain claims of U.S.
Patent Nos. 9,505,531 (‘‘the ’531
patent’’); 9,554,628; and 10,273,058
(‘‘the ’058 patent’’) (collectively, the
‘‘Asserted Patents’’). Id. at 43616. The
complaint further alleges that a
domestic industry exists. Id. The
Commission’s notice of investigation
names six respondents: Dalian
Takebishi Packing Industry Co., Ltd. of
Dalian, China (‘‘Dalian Takebishi’’);
Dalian Altma Industry Co., Ltd. of
Dalian, Liaoning, China (‘‘Dalian
Altma’’) (collectively, the ‘‘Dalian
Respondents’’); and Japan Takebishi
Co., Ltd., of Tokyo, Japan; Takebishi
Co., Ltd., of Shiga, Japan; Shanghai
Takebishi Packing Material Co., Ltd., of
Shanghai, China; and Qingdao
VerDate Sep<11>2014
17:33 Sep 01, 2020
Jkt 250001
Takebishi Packing Industry Co., Ltd., of
Qingdao, China (collectively, the
‘‘Unserved Respondents’’). Id. at 43616–
17. It also names the Office of Unfair
Import Investigations (‘‘OUII’’) as a
party. Id. at 43617.
On October 7, 2019, the ALJ issued an
ID finding the two Dalian Respondents
in default. Order No. 7 (Oct. 30, 2019),
unreviewed by Comm’n Notice (Nov. 26,
2019). On November 19, 2019, the ALJ
issued an ID terminating the
investigation in part based on Presto’s
withdrawal of the complaint as to the
Unserved Respondents, which were
never served with the complaint. Order
No. 10 (Nov. 19, 2019), unreviewed by
Comm’n Notice (Dec. 18, 2019). That ID
also terminated the investigation as to
(i) claims 6 and 7 of the ’531 patent and
(ii) claims 6 and 7 of the ’058 patent. Id.
On November 15, 2019, Presto filed a
motion for summary determination that
the domestic industry requirement was
satisfied and that a violation had been
established. Presto’s motion requested
immediate entry of a limited exclusion
order (‘‘LEO’’) against the Dalian
Respondents, a GEO, and a 100 percent
bond. On November 26, 2019, OUII filed
a response to the motion supporting the
summary determination motion and the
requested GEO and 100 percent bond
during the period of Presidential review.
On April 21, 2020, the ALJ issued an
ID granting summary determination of
violation of section 337 by the Dalian
Respondents. The ID also contains the
ALJ’s recommendation on remedy and
bonding, in which the ALJ recommends
issuance of a GEO or, in the alternative,
a LEO directed to the Dalian
Respondents, and that a 100 percent
bond be set for importation during the
period of Presidential review.
On May 1, 2020, OUII filed a petition
seeking review of portions of the ID’s
analysis of the economic prong of the
domestic industry requirement. No
other party petitioned for review of the
ID, and no party filed a response to
OUII’s petition.
On June 5, 2020, the Commission
determined to review the ID in part with
respect to the ID’s analysis of the
economic prong of the DI requirement.
85 FR 35662, 35663 (June 11, 2020). The
Commission’s notice also requested
written submissions on remedy, the
public interest, and bonding. Id. In
particular, the notice requested a
response to certain questions regarding
whether Presto seeks cease and desist
orders against the Dalian Respondents.
Id. On June 11 and 12, 2020, Presto and
OUII, respectively, filed written
submissions in response to the
Commission’s notice. On June 19, 2020,
PO 00000
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Fmt 4703
Sfmt 4703
OUII filed a reply submission. No other
submissions were received.
Having examined the record in this
investigation, including the ID granting
summary determination, and the party’s
submissions, the Commission has
determined to affirm, with modified
reasoning, 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 a GEO prohibiting the
unlicensed entry of certain child
resistant closures with slider devices
having a user actuated insertable
torpedo for selectively opening the
closures and slider devices therefor that
infringe certain claims of the three
patents asserted in the investigation,
pursuant to section 337(g)(2) (19 U.S.C.
1337(g)(2)). 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. The
Commission has also determined that
the public interest factors enumerated in
subsection 337(d)(1) (19 U.S.C.
1337(d)(1)) do not preclude the issuance
of the GEO. The Commission’s order
was delivered to the President and to
the United States Trade Representative
on the day of its issuance. This
investigation is hereby terminated in its
entirety.
The Commission vote for these
determinations took place on August 27,
2020.
The authority for the Commission’s
determinations 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.
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Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Notices
Issued: August 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–19338 Filed 9–1–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–636 and 731–
TA–1469–1470 (Final)]
Wood Mouldings and Millwork
Products From Brazil and China;
Scheduling of the Final Phase of
Countervailing Duty and Antidumping
Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–636 and 731–TA–1469–1470
(Final) pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
an industry in the United States is
materially injured or threatened with
material injury, or the establishment of
an industry in the United States is
materially retarded, by reason of
imports of wood mouldings and
millwork products from Brazil and
China, primarily provided for in
subheadings 4409.10.40, 4409.10.45,
4409.10.50, 4409.22.40, 4409.22.50,
4409.29.41, and 4409.29.51 of the
Harmonized Tariff Schedule of the
United States, preliminarily determined
by the Department of Commerce
(‘‘Commerce’’) to be subsidized and sold
at less-than-fair-value.
DATES: August 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Keysha Martinez (202–205–2136), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
VerDate Sep<11>2014
17:33 Sep 01, 2020
Jkt 250001
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as ‘‘wood
mouldings and millwork products that
are made of wood (regardless of wood
species), bamboo, laminated veneer
lumber (LVL), or of wood and composite
materials (where the composite
materials make up less than 50 percent
of the total merchandise), and which are
continuously shaped wood or fingerjointed or edge-glued moulding or
millwork blanks (whether or not
resawn). The merchandise subject to
these investigations can be continuously
shaped along any of its edges, ends, or
faces.
The percentage of composite materials
contained in a wood moulding or
millwork product is measured by
length, except when the composite
material is a coating or cladding. Wood
mouldings and millwork products that
are coated or clad, even along their
entire length, with a composite material,
but that are otherwise comprised of
wood, LVL, or wood and composite
materials (where the non-coating
composite materials make up 50 percent
or less of the total merchandise) are
covered by the scope.
The merchandise subject to these
investigations consists of wood, LVL,
bamboo, or a combination of wood and
composite materials that is continuously
shaped throughout its length (with the
exception of any endwork/dados),
profiled wood having a repetitive design
in relief, similar milled wood
architectural accessories, such as
rosettes and plinth blocks, and
fingerjointed or edge-glued moulding or
millwork blanks (whether or not
resawn). The scope includes
continuously shaped wood in the forms
of dowels, building components such as
interior paneling and jamb parts, and
door components such as rails, stiles,
interior and exterior door frames or
jambs (including split, flat, stop applied,
single- or double-rabbeted), frame or
jamb kits, and packaged door frame trim
or casing sets, whether or not the door
components are imported as part of a
door kit or set.
The covered products may be solid
wood, laminated, finger-jointed, edgeglued, face-glued, or otherwise joined in
the production or remanufacturing
process and are covered by the scope
whether imported raw, coated (e.g.,
gesso, polymer, or plastic), primed,
painted, stained, wrapped (paper or
vinyl overlay), any combination of the
aforementioned surface coatings,
treated, or which incorporate rotresistant elements (whether wood or
composite). The covered products are
covered by the scope whether or not any
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
54593
surface coating(s) or covers obscures the
grain, textures, or markings of the wood,
whether or not they are ready for use or
require final machining (e.g., endwork/
dado, hinge/strike machining,
weatherstrip or application thereof,
mitre) or packaging.
All wood mouldings and millwork
products are included within the scope
even if they are trimmed; cut-to-size;
notched; punched; drilled; or have
undergone other forms of minor
processing.
Subject merchandise also includes
wood mouldings and millwork products
that have been further processed in a
third country, including but not limited
to trimming, cutting, notching,
punching, drilling, coating, or any other
processing that would not otherwise
remove the merchandise from the scope
of the investigations if performed in the
country of manufacture of the in-scope
product.
Excluded from the scope of these
investigations are countertop/
butcherblocks, exterior fencing, exterior
decking and exterior siding products
(including solid wood siding, non-wood
siding (e.g., composite or cement), and
shingles) that are not LVL or finger
jointed; finished and unfinished doors;
flooring; parts of stair steps (including
newel posts, balusters, easing,
gooseneck, risers, treads, rail fittings
and stair stringers); picture frame
components three feet and under in
individual lengths; and lumber whether
solid, finger-jointed, or edge-glued. To
be excluded from the scope, fingerjointed or edge-glued lumber must have
a nominal thickness greater than 1.5
inches and a certification stamp from an
American Lumber Standard Committeecertified grading bureau. The exclusion
for lumber whether solid, finger-jointed,
or edge-glued does not apply to screen/
‘‘surfaced on 4 sides’’ (S4S) and/or
‘‘surface 1 side, 2 edges’’ (S1S2E) stock
(also called boards) that are fingerjointed, edge-glued mouldings, or
millwork blanks (whether or not
resawn).
Excluded from the scope of these
investigations are all products covered
by the scope of the antidumping duty
order on Hardwood Plywood from the
People’s Republic of China. See Certain
Hardwood Plywood Products from the
People’s Republic of China: Amended
Final Determination of Sales at Less
Than Fair Value, and Antidumping
Duty Order, 83 FR 504 (January 4, 2018).
Excluded from the scope of these
investigations are all products covered
by the scope of the antidumping duty
order on Multilayered Wood Flooring
from the People’s Republic of China.
See Multilayered Wood Flooring from
E:\FR\FM\02SEN1.SGM
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Agencies
[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54591-54593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19338]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1171]
Certain Child Resistant Closures With Slider Devices Having a
User Actuated Insertable Torpedo for Selectively Opening the Closures
and Slider Devices Therefor Commission Final Determination of Violation
of Section 337; Issuance of a General Exclusion Order; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Commission has determined to
affirm, with modified reasoning, an initial determination (``ID'') of
the presiding administrative law judge
[[Page 54592]]
(``ALJ'') granting summary determination on violation of section 337 by
certain defaulting respondents. The Commission has also determined to
issue a general exclusion order (``GEO'') barring entry of certain
child resistant closures with slider devices having a user actuated
insertable torpedo for selectively opening the closures and slider
devices therefor that infringe the asserted claims of the three patents
at issue in this investigation. This investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On August 21, 2019, the Commission
instituted this investigation based on a complaint filed by Reynolds
Presto Products Inc. (``Presto''). 84 FR 43616-17 (Aug. 21, 2019). The
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337) (``section 337'') based on the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain child resistant closures
with slider devices having a user actuated insertable torpedo for
selectively opening the closures and slider devices therefor by reason
of infringement of certain claims of U.S. Patent Nos. 9,505,531 (``the
'531 patent''); 9,554,628; and 10,273,058 (``the '058 patent'')
(collectively, the ``Asserted Patents''). Id. at 43616. The complaint
further alleges that a domestic industry exists. Id. The Commission's
notice of investigation names six respondents: Dalian Takebishi Packing
Industry Co., Ltd. of Dalian, China (``Dalian Takebishi''); Dalian
Altma Industry Co., Ltd. of Dalian, Liaoning, China (``Dalian Altma'')
(collectively, the ``Dalian Respondents''); and Japan Takebishi Co.,
Ltd., of Tokyo, Japan; Takebishi Co., Ltd., of Shiga, Japan; Shanghai
Takebishi Packing Material Co., Ltd., of Shanghai, China; and Qingdao
Takebishi Packing Industry Co., Ltd., of Qingdao, China (collectively,
the ``Unserved Respondents''). Id. at 43616-17. It also names the
Office of Unfair Import Investigations (``OUII'') as a party. Id. at
43617.
On October 7, 2019, the ALJ issued an ID finding the two Dalian
Respondents in default. Order No. 7 (Oct. 30, 2019), unreviewed by
Comm'n Notice (Nov. 26, 2019). On November 19, 2019, the ALJ issued an
ID terminating the investigation in part based on Presto's withdrawal
of the complaint as to the Unserved Respondents, which were never
served with the complaint. Order No. 10 (Nov. 19, 2019), unreviewed by
Comm'n Notice (Dec. 18, 2019). That ID also terminated the
investigation as to (i) claims 6 and 7 of the '531 patent and (ii)
claims 6 and 7 of the '058 patent. Id.
On November 15, 2019, Presto filed a motion for summary
determination that the domestic industry requirement was satisfied and
that a violation had been established. Presto's motion requested
immediate entry of a limited exclusion order (``LEO'') against the
Dalian Respondents, a GEO, and a 100 percent bond. On November 26,
2019, OUII filed a response to the motion supporting the summary
determination motion and the requested GEO and 100 percent bond during
the period of Presidential review.
On April 21, 2020, the ALJ issued an ID granting summary
determination of violation of section 337 by the Dalian Respondents.
The ID also contains the ALJ's recommendation on remedy and bonding, in
which the ALJ recommends issuance of a GEO or, in the alternative, a
LEO directed to the Dalian Respondents, and that a 100 percent bond be
set for importation during the period of Presidential review.
On May 1, 2020, OUII filed a petition seeking review of portions of
the ID's analysis of the economic prong of the domestic industry
requirement. No other party petitioned for review of the ID, and no
party filed a response to OUII's petition.
On June 5, 2020, the Commission determined to review the ID in part
with respect to the ID's analysis of the economic prong of the DI
requirement. 85 FR 35662, 35663 (June 11, 2020). The Commission's
notice also requested written submissions on remedy, the public
interest, and bonding. Id. In particular, the notice requested a
response to certain questions regarding whether Presto seeks cease and
desist orders against the Dalian Respondents. Id. On June 11 and 12,
2020, Presto and OUII, respectively, filed written submissions in
response to the Commission's notice. On June 19, 2020, OUII filed a
reply submission. No other submissions were received.
Having examined the record in this investigation, including the ID
granting summary determination, and the party's submissions, the
Commission has determined to affirm, with modified reasoning, 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 a GEO prohibiting the unlicensed entry of certain
child resistant closures with slider devices having a user actuated
insertable torpedo for selectively opening the closures and slider
devices therefor that infringe certain claims of the three patents
asserted in the investigation, pursuant to section 337(g)(2) (19 U.S.C.
1337(g)(2)). 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. The Commission has
also determined that the public interest factors enumerated in
subsection 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude the
issuance of the GEO. The Commission's order was delivered to the
President and to the United States Trade Representative on the day of
its issuance. This investigation is hereby terminated in its entirety.
The Commission vote for these determinations took place on August
27, 2020.
The authority for the Commission's determinations 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.
[[Page 54593]]
Issued: August 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19338 Filed 9-1-20; 8:45 am]
BILLING CODE 7020-02-P