Certain Luxury Vinyl Tile and Components Thereof; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 59548-59549 [2020-20843]
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices
INTERNATIONAL TRADE
COMMISSION
Issued: September 17, 2020.
Lisa Barton,
Secretary to the Commission.
[Investigation Nos. 701–TA–415 and 731–
TA–933–934 (Third Review)]
[FR Doc. 2020–20918 Filed 9–21–20; 8:45 am]
BILLING CODE 7020–02–P
Polyethylene Terephthalate (PET) Film,
Sheet, and Strip From India and
Taiwan
INTERNATIONAL TRADE
COMMISSION
Determination
[Investigation No. 337–TA–1155]
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty and countervailing
duty orders on polyethylene
terephthalate film, sheet, and strip from
India and Taiwan would be likely to
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.2
Certain Luxury Vinyl Tile and
Components Thereof; Issuance of a
General Exclusion Order and Cease
and Desist Orders; Termination of the
Investigation
Background
The Commission instituted these
reviews on July 1, 2019 (84 FR 31343)
and determined on October 4, 2019 that
it would conduct full reviews (84 FR
67960, December 12, 2019). Notice of
the scheduling of the Commission’s
reviews and of a public hearing to be
held in connection therewith was given
by posting copies of the notice in the
Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register on March
25, 2020 (85 FR 16957). Subsequently,
the Commission cancelled its previously
scheduled hearing following a request
on behalf of the domestic interested
parties (85 FR 43602, July 17, 2020).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)).
The Commission determined that these
reviews were extraordinarily
complicated and extended the review
period by up to 90 days. It completed
and filed its determinations in these
reviews on September 17, 2020. The
views of the Commission are contained
in USITC Publication 5117 (September
2020), entitled Polyethylene
Terephthalate (PET) Film, Sheet, and
Strip from India and Taiwan:
Investigation Nos. 701–TA–415 and
731–TA–933–934 (Third Review).
By order of the Commission.
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Chair Jason E. Kearns not participating.
VerDate Sep<11>2014
18:01 Sep 21, 2020
Jkt 250001
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has affirmed a summary
determination of violation of section
337 with respect to certain defaulting
respondents and has determined to
issue a general exclusion order (‘‘GEO’’)
denying entry of certain infringing
luxury vinyl tile and components
thereof as well as cease and desist
orders (‘‘CDOs’’) against certain of the
defaulting respondents. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. 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 May
16, 2019, the Commission instituted this
investigation based on a complaint filed
by Mohawk Industries, Inc. of Calhoun,
Georgia; Flooring Industries Ltd. Sarl of
Bertrange, Luxembourg; and IVC US Inc.
of Dalton, Georgia (collectively,
‘‘Complainants’’). 84 FR 22161 (May 16,
2019). The complaint, as supplemented,
alleges a violation of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’) in the
importation into the United States, the
sale for importation, or the sale within
SUMMARY:
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Sfmt 4703
the United States after importation of
certain luxury vinyl tiles by reason of
infringement of certain claims of U.S.
Patent Nos. 9,200,460 (‘‘the ’460
patent’’); 10,208,490 (‘‘the ’490 patent’’);
and 10,233,655 (‘‘the ’655 patent’’)
(collectively, ‘‘the Asserted Patents’’).
Id. The complaint further alleges that a
domestic industry exists. Id. The
Commission’s notice of investigation
names forty-five respondents, including:
ABK Trading Corp. of Katy, Texas
(‘‘ABK’’); Aurora Flooring LLC of
Kennesaw, Georgia (‘‘Aurora’’);
Changzhou Runchang Wood Co., Ltd. of
Jiangsu, China (‘‘Runchang’’); Go-Higher
Trading (Jiangsu) Co., Ltd. of Jiangsu,
China (‘‘Go-Higher’’); Jiangsu Divine
Building Technology Development Co.
Ltd. Jiangsu, China (‘‘Divine’’); Jiangsu
Lejia Plastic Co. Ltd. of Jiangsu, China
(‘‘Lejia’’); JiangSu Licheer Wood Co.,
Ltd. of Jiangsu, China (‘‘Licheer’’);
Maxwell Flooring Distribution LLC of
Houston, Texas (‘‘Maxwell Flooring’’);
Mr. Hardwood Inc. of Acworth, Georgia
(‘‘Mr. Hardwood’’); and Sam Houston
Hardwood Inc. of Houston, Texas (‘‘Sam
Houston’’) (collectively, ‘‘Defaulting
Respondents’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) is also
participating in the investigation. Id.
The Commission previously
terminated the investigation as to thirtyfive respondents based on settlement,
consent order, or partial withdrawal of
the complaint. See Order No. 14 (Sept.
26, 2019), unreviewed by, Notice (Oct.
17, 2019); Order Nos. 15–21 (Sept. 27,
2019 for all), unreviewed by, Notice
(Oct. 17, 2019); Order Nos. 23–25 (Oct.
2, 2019 for all), unreviewed by, Notice
(Oct. 23, 2019); Order No. 27 (Oct. 9,
2019), unreviewed by, Notice (Nov. 6,
2019); Order No. 26 (Oct. 9, 2019)),
unreviewed by, Notice (Nov. 8, 2019);
Order No. 30 (Oct. 25, 2019),
unreviewed by, Notice (Nov. 21, 2019);
Order No. 34 (Nov. 7, 2019), unreviewed
by, Notice (Dec. 11, 2019); Order No. 35
(Jan. 24, 2020), unreviewed by, Notice
(Feb. 25, 2020).
On November 21, 2019, the
Commission found respondent GoHigher in default. See Order No. 31
(Oct. 25, 2019), unreviewed by, Notice
(Nov. 21, 2019). On November 22, 2019,
the Commission found an additional
eight respondents in default: ABK;
Aurora; Divine; Lejia; Licheer; Maxwell
Flooring; Mr. Hardwood; and Sam
Houston. See Order No. 32 (Oct. 30,
2019), unreviewed by, Notice (Nov. 22,
2019). On November 25, 2019, the
Commission found respondent
Runchang in default. See Order No. 33
(Oct. 30, 2019), unreviewed by, Notice
(Nov. 25, 2019).
E:\FR\FM\22SEN1.SGM
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Notices
On January 15, 2020, Complainants
filed a motion for summary
determination that Complainants have
satisfied the domestic industry
requirement and of a violation of section
337 by the Defaulting Respondents.
Complainants filed supplements to their
summary determination motion on
January 23, 2020, February 11, 2020,
and February 19, 2020. On February 12,
2020, OUII filed a response to
Complainants’ motion. On May 14,
2020, OUII filed a supplemental
response.
On May 15, 2020, the ALJ issued
Order No. 36 granting the motion for
summary determination and finding a
violation of section 337 by the
Defaulting Respondents. The ALJ
recommended that the Commission
issue a GEO prohibiting entry of luxury
vinyl tiles that infringe the asserted
claims of the Asserted Patents and CDOs
against the five domestic Defaulting
Respondents: ABK, Aurora, Maxwell
Flooring, Mr. Hardwood, and Sam
Houston. The ALJ also recommended
setting a bond of $0.08 per square foot
of luxury vinyl tile product and
components thereof imported during the
period of Presidential review. Id. No
party petitioned for review of the ID.
On June 30, 2020, the Commission
determined to review the ID in part. 85
FR 40683 (July 7, 2020). On review, the
Commission affirmed the finding of
violation of section 337 by the
Defaulting Respondents’ importation of
luxury vinyl tile and components
thereof that infringe one or more claims
of the Asserted Patents. Id. Further, the
Commission determined to review and,
on review, to take no position on the
ID’s findings regarding the economic
prong of the domestic industry
requirement under subsection
337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B))
with respect to the ’460 patent. Id. The
Commission also determined to review
the ID’s findings regarding a domestic
industry for the ’490 and ’655 patents,
and on review, to clarify that the
Commission did not intend to imply
that the investments already made with
respect to those patents are not
significant or could not be used to show
the existence of a domestic industry
under section 337(a)(3). Id. The
Commission further determined to
review the ID’s findings as to two
products from non-parties, i.e., the
Quickstyle and Uniflor Aqua products.
Id. The Notice also requested written
submissions on remedy, public interest,
and bonding. See id.
On July 15, 2020, Complainants and
OUII submitted briefs on remedy, public
interest, and bonding supporting the
ALJ’s recommendations. On July 22,
VerDate Sep<11>2014
18:01 Sep 21, 2020
Jkt 250001
2020, OUII submitted a reply to
Complainants’ response. No other
submissions were filed in response to
the Notice.
As noted above, the Commission
affirms the ID’s finding that there is a
violation of section 337 with respect to
Defaulting Respondents. Moreover, the
Commission finds that the statutory
requirements for issuance of a GEO
under section 337(d)(2) are met with
respect to the Defaulting Respondents.
See 19 U.S.C. 1337(d)(2). The
Commission also finds that issuance of
CDOs against the five domestic
Defaulting Respondents is appropriate
under 337(f)(1). See 19 U.S.C. 1337(f)(1).
In addition, the Commission finds that
the public interest factors do not
preclude issuance of the requested
relief. See 19 U.S.C. 1337(d)(1), (f)(1).
The Commission therefore has
determined that the appropriate remedy
in this investigation is: (1) A GEO
prohibiting the unlicensed entry of
certain luxury vinyl tile and
components thereof that infringe one or
more of claims 7–8, 13, 15–17, 20–23,
and 30 of the ’460 patent, claims 1–6,
8, 10–11, 13–16, and 18 of the ’490
patent, and claims 1–4, 6–16, 18, and
20–26 of the ’655 patent; and (2) CDOs
against ABK, Aurora, Maxwell Flooring,
Mr. Hardwood, and Sam Houston. The
Commission has also determined that
the bond during the period of
Presidential review shall be in the
amount of $0.08 per square foot of
imported luxury vinyl tile and
components thereof that are subject to
the GEO and CDOs. See 19 U.S.C.
1337(j). The Commission has further
determined to vacate the findings under
review to the extent the ID adjudicates
infringement of the Asserted Patents as
to non-respondents.
The Commission’s orders were
delivered to the President and to the
United States Trade Representative on
the day of their issuance. The
investigation is terminated.
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 September
16, 2020.
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59549
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: September 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–20843 Filed 9–21–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Executive Office for Immigration
Review
[OMB Number 1125–0005]
Agency Information Collection
Activities; Proposed Collection;
Comments Requested; Notice of Entry
of Appearance as Attorney or
Representative Before the Board of
Immigration Appeals
Executive Office for
Immigration Review, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
The Department of Justice
(DOJ), Executive Office for Immigration
Review (EOIR), will be submitting 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 days
until October 22, 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.
If you need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact Lauren Alder Reid,
Assistant Director, Office of Policy,
Executive Office for Immigration
Review, 5107 Leesburg Pike, Suite 2500,
Falls Church, VA 22041, telephone:
(703) 305–0289.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
SUMMARY:
E:\FR\FM\22SEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59548-59549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20843]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1155]
Certain Luxury Vinyl Tile and Components Thereof; Issuance of a
General Exclusion Order and Cease and Desist Orders; 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 affirmed a summary determination of violation of section
337 with respect to certain defaulting respondents and has determined
to issue a general exclusion order (``GEO'') denying entry of certain
infringing luxury vinyl tile and components thereof as well as cease
and desist orders (``CDOs'') against certain of the defaulting
respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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 May 16, 2019, the Commission instituted
this investigation based on a complaint filed by Mohawk Industries,
Inc. of Calhoun, Georgia; Flooring Industries Ltd. Sarl of Bertrange,
Luxembourg; and IVC US Inc. of Dalton, Georgia (collectively,
``Complainants''). 84 FR 22161 (May 16, 2019). The complaint, as
supplemented, alleges a violation of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337'') in the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain luxury vinyl tiles by
reason of infringement of certain claims of U.S. Patent Nos. 9,200,460
(``the '460 patent''); 10,208,490 (``the '490 patent''); and 10,233,655
(``the '655 patent'') (collectively, ``the Asserted Patents''). Id. The
complaint further alleges that a domestic industry exists. Id. The
Commission's notice of investigation names forty-five respondents,
including: ABK Trading Corp. of Katy, Texas (``ABK''); Aurora Flooring
LLC of Kennesaw, Georgia (``Aurora''); Changzhou Runchang Wood Co.,
Ltd. of Jiangsu, China (``Runchang''); Go-Higher Trading (Jiangsu) Co.,
Ltd. of Jiangsu, China (``Go-Higher''); Jiangsu Divine Building
Technology Development Co. Ltd. Jiangsu, China (``Divine''); Jiangsu
Lejia Plastic Co. Ltd. of Jiangsu, China (``Lejia''); JiangSu Licheer
Wood Co., Ltd. of Jiangsu, China (``Licheer''); Maxwell Flooring
Distribution LLC of Houston, Texas (``Maxwell Flooring''); Mr. Hardwood
Inc. of Acworth, Georgia (``Mr. Hardwood''); and Sam Houston Hardwood
Inc. of Houston, Texas (``Sam Houston'') (collectively, ``Defaulting
Respondents''). Id. The Office of Unfair Import Investigations
(``OUII'') is also participating in the investigation. Id.
The Commission previously terminated the investigation as to
thirty-five respondents based on settlement, consent order, or partial
withdrawal of the complaint. See Order No. 14 (Sept. 26, 2019),
unreviewed by, Notice (Oct. 17, 2019); Order Nos. 15-21 (Sept. 27, 2019
for all), unreviewed by, Notice (Oct. 17, 2019); Order Nos. 23-25 (Oct.
2, 2019 for all), unreviewed by, Notice (Oct. 23, 2019); Order No. 27
(Oct. 9, 2019), unreviewed by, Notice (Nov. 6, 2019); Order No. 26
(Oct. 9, 2019)), unreviewed by, Notice (Nov. 8, 2019); Order No. 30
(Oct. 25, 2019), unreviewed by, Notice (Nov. 21, 2019); Order No. 34
(Nov. 7, 2019), unreviewed by, Notice (Dec. 11, 2019); Order No. 35
(Jan. 24, 2020), unreviewed by, Notice (Feb. 25, 2020).
On November 21, 2019, the Commission found respondent Go-Higher in
default. See Order No. 31 (Oct. 25, 2019), unreviewed by, Notice (Nov.
21, 2019). On November 22, 2019, the Commission found an additional
eight respondents in default: ABK; Aurora; Divine; Lejia; Licheer;
Maxwell Flooring; Mr. Hardwood; and Sam Houston. See Order No. 32 (Oct.
30, 2019), unreviewed by, Notice (Nov. 22, 2019). On November 25, 2019,
the Commission found respondent Runchang in default. See Order No. 33
(Oct. 30, 2019), unreviewed by, Notice (Nov. 25, 2019).
[[Page 59549]]
On January 15, 2020, Complainants filed a motion for summary
determination that Complainants have satisfied the domestic industry
requirement and of a violation of section 337 by the Defaulting
Respondents. Complainants filed supplements to their summary
determination motion on January 23, 2020, February 11, 2020, and
February 19, 2020. On February 12, 2020, OUII filed a response to
Complainants' motion. On May 14, 2020, OUII filed a supplemental
response.
On May 15, 2020, the ALJ issued Order No. 36 granting the motion
for summary determination and finding a violation of section 337 by the
Defaulting Respondents. The ALJ recommended that the Commission issue a
GEO prohibiting entry of luxury vinyl tiles that infringe the asserted
claims of the Asserted Patents and CDOs against the five domestic
Defaulting Respondents: ABK, Aurora, Maxwell Flooring, Mr. Hardwood,
and Sam Houston. The ALJ also recommended setting a bond of $0.08 per
square foot of luxury vinyl tile product and components thereof
imported during the period of Presidential review. Id. No party
petitioned for review of the ID.
On June 30, 2020, the Commission determined to review the ID in
part. 85 FR 40683 (July 7, 2020). On review, the Commission affirmed
the finding of violation of section 337 by the Defaulting Respondents'
importation of luxury vinyl tile and components thereof that infringe
one or more claims of the Asserted Patents. Id. Further, the Commission
determined to review and, on review, to take no position on the ID's
findings regarding the economic prong of the domestic industry
requirement under subsection 337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B))
with respect to the '460 patent. Id. The Commission also determined to
review the ID's findings regarding a domestic industry for the '490 and
'655 patents, and on review, to clarify that the Commission did not
intend to imply that the investments already made with respect to those
patents are not significant or could not be used to show the existence
of a domestic industry under section 337(a)(3). Id. The Commission
further determined to review the ID's findings as to two products from
non-parties, i.e., the Quickstyle and Uniflor Aqua products. Id. The
Notice also requested written submissions on remedy, public interest,
and bonding. See id.
On July 15, 2020, Complainants and OUII submitted briefs on remedy,
public interest, and bonding supporting the ALJ's recommendations. On
July 22, 2020, OUII submitted a reply to Complainants' response. No
other submissions were filed in response to the Notice.
As noted above, the Commission affirms the ID's finding that there
is a violation of section 337 with respect to Defaulting Respondents.
Moreover, the Commission finds that the statutory requirements for
issuance of a GEO under section 337(d)(2) are met with respect to the
Defaulting Respondents. See 19 U.S.C. 1337(d)(2). The Commission also
finds that issuance of CDOs against the five domestic Defaulting
Respondents is appropriate under 337(f)(1). See 19 U.S.C. 1337(f)(1).
In addition, the Commission finds that the public interest factors do
not preclude issuance of the requested relief. See 19 U.S.C.
1337(d)(1), (f)(1).
The Commission therefore has determined that the appropriate remedy
in this investigation is: (1) A GEO prohibiting the unlicensed entry of
certain luxury vinyl tile and components thereof that infringe one or
more of claims 7-8, 13, 15-17, 20-23, and 30 of the '460 patent, claims
1-6, 8, 10-11, 13-16, and 18 of the '490 patent, and claims 1-4, 6-16,
18, and 20-26 of the '655 patent; and (2) CDOs against ABK, Aurora,
Maxwell Flooring, Mr. Hardwood, and Sam Houston. The Commission has
also determined that the bond during the period of Presidential review
shall be in the amount of $0.08 per square foot of imported luxury
vinyl tile and components thereof that are subject to the GEO and CDOs.
See 19 U.S.C. 1337(j). The Commission has further determined to vacate
the findings under review to the extent the ID adjudicates infringement
of the Asserted Patents as to non-respondents.
The Commission's orders were delivered to the President and to the
United States Trade Representative on the day of their issuance. The
investigation is terminated.
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 September
16, 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: September 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-20843 Filed 9-21-20; 8:45 am]
BILLING CODE 7020-02-P
