Certain Road Construction Machines and Components Thereof; Commission Determination To Modify Remedial Orders; Termination of Modification Proceeding, 55320-55321 [2020-19585]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 55320 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices 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 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. Submissions should refer to the docket number (‘‘Docket No. 3486’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. VerDate Sep<11>2014 16:42 Sep 03, 2020 Jkt 250001 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 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: August 31, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–19640 Filed 9–3–20; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1088 (Modification)] Certain Road Construction Machines and Components Thereof; Commission Determination To Modify Remedial Orders; Termination of Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to adopt the findings of the presiding Administrative Law Judge (‘‘ALJ’’) in the Recommended Determination (‘‘RD’’) and modify the limited exclusion order (‘‘LEO’’) and cease and desist order (‘‘CDO’’) issued in this investigation. The modification proceeding is terminated. SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., 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: The Commission instituted the underlying investigation on November 29, 2017, based on a complaint filed by Caterpillar Inc. of Peoria, Illinois and Caterpillar Paving Products, Inc. of Minneapolis, Minnesota (collectively, ‘‘Caterpillar’’). See 82 FR 56625–26 (Nov. 29, 2017). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) (‘‘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 road construction machines and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,140,693 (‘‘the ’693 patent’’), 9,045,871, and 7,641,419. See id. The notice of investigation names as respondents Wirtgen GmbH and Wirtgen Group Holding GmbH, both of Windhagen, Germany; Joseph Vo¨gele AG of Ludwigshafen, Germany; and Wirtgen America, Inc. of Antioch, Tennessee (‘‘Wirtgen America’’) (collectively, ‘‘Wirtgen’’). See id. The Office of Unfair Import Investigations was not a party to this investigation. See id. On June 27, 2019, the Commission found a violation of section 337 in the underlying investigation based on the infringement of claim 19 of the ’693 patent, and issued an LEO against the infringing articles imported by Wirtgen and a CDO (collectively, ‘‘the remedial orders’’) against Wirtgen America. See 84 FR 31910–11 (July 3, 2019). On January 16, 2020, the Commission determined to institute a modification proceeding under 19 U.S.C. 1337(k) and 19 CFR 210.76 to adjudicate Wirtgen’s assertion that the remedial orders do not cover its redesigned series 1810 machines. See 85 FR 3944 (Jan. 23, E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 2020). On June 22, 2020, the ALJ issued the subject RD finding no infringement of claim 19 of the ’693 patent by Wirtgen’s redesigned series 1810 machines. On July 2, 2020, both Caterpillar and Wirtgen filed comments concerning the RD’s findings, and on July 10, 2020, the parties filed responses to each other’s comments. Wirtgen challenges the legality of the modification proceeding and the RD’s finding that Wirtgen bears the burden of proof in such proceeding. In addition, Wirtgen faults the RD for construing a claim term, which, according to Wirtgen, is not permissible in the context of a modification proceeding. Caterpillar disagrees with the RD’s claim construction and the RD’s finding that Wirtgen’s redesigned machines do not infringe claim 19 of the ’693 patent. Having reviewed the record of the underlying violation investigation, as well as the record of the modification proceeding, including the RD and the parties’ comments and responses thereto, the Commission has modified the LEO and CDO to include an explicit carve-out with respect to Wirtgen’s redesigned series 1810 machines as stated in the accompanying Order. Specifically, the Commission affirms the RD’s claim construction determination and noninfringement findings as to the redesigned series 1810 machine. The Commission rejects Wirtgen’s challenges to the scope of the LEO and CDO, as issued, and Wirtgen’s challenges to the propriety of this modification proceeding. The Commission’s decisions are explained more fully in the Commission Opinion that accompanies this notice. The Commission vote for this determination took place on August 31, 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: August 31, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–19585 Filed 9–3–20; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:42 Sep 03, 2020 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–458 and 731– TA–1154 (Second Review)] Kitchen Appliance Shelving and Racks From China; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping and countervailing duty orders on certain kitchen appliance shelving and racks from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. DATES: May 8, 2020. FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202–205–3177), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired 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 reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On May 8, 2020, the Commission determined that the domestic interested party group response to its notice of institution (85 FR 5980, February 3, 2020) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of these reviews and rules SUMMARY: 1A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 55321 of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Staff report.—A staff report containing information concerning the subject matter of the reviews will be placed in the nonpublic record on September 2, 2020, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to § 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in § 207.62(d) of the Commission’s rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before September 8, 2020 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by September 8, 2020. However, should the Department of Commerce (‘‘Commerce’’) extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates 2 The Commission has found the responses submitted by Nashville Wire Products Manufacturing Company and SSW Holding Company, Inc. to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55320-55321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19585]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1088 (Modification)]


Certain Road Construction Machines and Components Thereof; 
Commission Determination To Modify Remedial Orders; Termination of 
Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to adopt the findings of the 
presiding Administrative Law Judge (``ALJ'') in the Recommended 
Determination (``RD'') and modify the limited exclusion order (``LEO'') 
and cease and desist order (``CDO'') issued in this investigation. The 
modification proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., 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: The Commission instituted the underlying 
investigation on November 29, 2017, based on a complaint filed by 
Caterpillar Inc. of Peoria, Illinois and Caterpillar Paving Products, 
Inc. of Minneapolis, Minnesota (collectively, ``Caterpillar''). See 82 
FR 56625-26 (Nov. 29, 2017). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended (19 
U.S.C. 1337) (``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 road construction machines and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 7,140,693 (``the '693 patent''), 9,045,871, and 7,641,419. 
See id. The notice of investigation names as respondents Wirtgen GmbH 
and Wirtgen Group Holding GmbH, both of Windhagen, Germany; Joseph 
V[ouml]gele AG of Ludwigshafen, Germany; and Wirtgen America, Inc. of 
Antioch, Tennessee (``Wirtgen America'') (collectively, ``Wirtgen''). 
See id. The Office of Unfair Import Investigations was not a party to 
this investigation. See id.
    On June 27, 2019, the Commission found a violation of section 337 
in the underlying investigation based on the infringement of claim 19 
of the '693 patent, and issued an LEO against the infringing articles 
imported by Wirtgen and a CDO (collectively, ``the remedial orders'') 
against Wirtgen America. See 84 FR 31910-11 (July 3, 2019).
    On January 16, 2020, the Commission determined to institute a 
modification proceeding under 19 U.S.C. 1337(k) and 19 CFR 210.76 to 
adjudicate Wirtgen's assertion that the remedial orders do not cover 
its redesigned series 1810 machines. See 85 FR 3944 (Jan. 23,

[[Page 55321]]

2020). On June 22, 2020, the ALJ issued the subject RD finding no 
infringement of claim 19 of the '693 patent by Wirtgen's redesigned 
series 1810 machines.
    On July 2, 2020, both Caterpillar and Wirtgen filed comments 
concerning the RD's findings, and on July 10, 2020, the parties filed 
responses to each other's comments. Wirtgen challenges the legality of 
the modification proceeding and the RD's finding that Wirtgen bears the 
burden of proof in such proceeding. In addition, Wirtgen faults the RD 
for construing a claim term, which, according to Wirtgen, is not 
permissible in the context of a modification proceeding. Caterpillar 
disagrees with the RD's claim construction and the RD's finding that 
Wirtgen's redesigned machines do not infringe claim 19 of the '693 
patent.
    Having reviewed the record of the underlying violation 
investigation, as well as the record of the modification proceeding, 
including the RD and the parties' comments and responses thereto, the 
Commission has modified the LEO and CDO to include an explicit carve-
out with respect to Wirtgen's redesigned series 1810 machines as stated 
in the accompanying Order. Specifically, the Commission affirms the 
RD's claim construction determination and noninfringement findings as 
to the redesigned series 1810 machine. The Commission rejects Wirtgen's 
challenges to the scope of the LEO and CDO, as issued, and Wirtgen's 
challenges to the propriety of this modification proceeding. The 
Commission's decisions are explained more fully in the Commission 
Opinion that accompanies this notice.
    The Commission vote for this determination took place on August 31, 
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: August 31, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19585 Filed 9-3-20; 8:45 am]
BILLING CODE 7020-02-P
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