Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Notice of Commission Determination To Issue a Corrected General Exclusion Order, 69358-69359 [2020-24166]

Download as PDF 69358 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices continues to use the asserted trade dress in commerce in the United States, that the asserted trade dress has not been abandoned, cancelled, or rendered invalid or unenforceable, and that Complainant continues to satisfy the domestic industry requirement. The Commission has determined to issue a corrected GEO including the reporting requirement. The Commission’s vote on this determination took place on October 27, 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). 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. Issued: October 27, 2020. Lisa Barton. Secretary to the Commission. [FR Doc. 2020–24161 Filed 10–30–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1074] Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies; Notice of Commission Determination To Issue a Corrected General Exclusion Order Notice is hereby given that the U.S. International Trade Commission has determined to issue a corrected general exclusion order (‘‘GEO’’) in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be SUMMARY: INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1046 (Third Review)] Tetrahydrofurfuryl Alcohol From China Determination jbell on DSKJLSW7X2PROD with NOTICES By order of the Commission. Issued: October 27, 2020. Lisa Barton, Secretary to the Commission. U.S. International Trade Commission. ACTION: Notice. BILLING CODE 7020–02–P On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty order on tetrahydrofurfuryl alcohol from China would be likely to lead to continuation or recurrence of material injury to an 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 20:55 Oct 30, 2020 Background The Commission instituted this review on March 2, 2020 (85 FR 12337) and determined on June 5, 2020 that it would conduct an expedited review (85 FR 62323, October 2, 2020). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on October 27, 2020. The views of the Commission are contained in USITC Publication 5129 (October 2020), entitled Tetrahydrofurfuryl Alcohol from China: Investigation No. 731–TA–1046 (Third Review). AGENCY: [FR Doc. 2020–24167 Filed 10–30–20; 8:45 am] VerDate Sep<11>2014 industry in the United States within a reasonably foreseeable time. Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on October 16, 2017, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Rockwell Automation, Inc. (‘‘Complainant’’) of Milwaukee, Wisconsin. See 82 FR 48113–15 (Oct. 16, 2017). The complaint, as supplemented, alleged violations of section 337 based on the infringement of certain registered trademarks and copyrights and on unfair methods of competition and unfair acts in the importation or sale of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies, the threat or effect of which is to destroy or substantially injure an industry in the United States. See id. The notice of investigation identified the following respondents: Can Electric Limited of Guangzhou, China (‘‘Can Electric’’); Capnil (HK) Company Limited of Hong Kong (‘‘Capnil’’); Fractioni (Hongkong) Ltd. of Shanghai, China (‘‘Fractioni’’); Fujian Dahong Trade Co. of Fujian, China (‘‘Dahong’’); GreySolution Limited d/b/a Fibica of Hong Kong (‘‘GreySolution’’); Huang Wei Feng d/b/a A–O–M Industry of Shenzhen, China (‘‘Huang’’); KBS Electronics Suzhou Co, Ltd. of Shanghai, China (‘‘KBS’’); PLC–VIP Shop d/b/a VIP Tech Limited of Hong Kong (‘‘PLC–VIP’’); Radwell International, Inc. d/b/a PLC Center of Willingboro, New Jersey (‘‘Radwell’’); Shanghai EuoSource Electronic Co., Ltd of Shanghai, China (‘‘EuoSource’’); ShenZhen T-Tide Trading co., Ltd. of Shenzhen, China (‘‘T-Tide’’); SoBuy Commercial (HK) Co. Limited of Hong Kong (‘‘SoBuy’’); Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics Co. LTD. of Jiangsu, China (‘‘Suzhou’’); Wenzhou Sparker Group Co. Ltd., d/b/a Sparker Instruments of Wenzhou, China (‘‘Sparker’’); and Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China (‘‘Yaspro’’). See id. In addition, the Office of Unfair Import Investigations was also a party in this investigation. See id. Nine respondents were found in default, namely, Fractioni, GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can Electric (collectively, ‘‘the Defaulted Respondents’’). Furthermore, five E:\FR\FM\02NON1.SGM 02NON1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices unserved respondents (Capnil, Dahong, Huang, PLC–VIP, and Sparker) were terminated from the investigation, and one respondent (Radwell) was terminated based on the entry of a consent order. On October 23, 2018, the Administrative Law Judge (‘‘ALJ’’) issued a final initial determination (‘‘FID’’) finding a violation of section 337 by the Defaulted Respondents and recommending that the Commission: (1) Issue a general exclusion order (‘‘GEO’’); and (2) issue a cease and desist order (‘‘CDO’’) against Defaulted Respondent Fractioni. The ALJ determined that the Defaulted Respondents infringed Complainant’s asserted trademarks, but that Complainant failed to establish its two other claims, namely, the infringement of Complainant’s asserted copyrights and tortious interference with Complainant’s contracts. On December 20, 2018, the Commission issued a notice determining not to review the FID. See 83 FR 67346–48 (Dec. 28, 2018). On April 8, 2019, the Commission issued a notice determining that the appropriate remedy is a GEO prohibiting the unlicensed entry of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe Complainant’s asserted trademarks, and a CDO directed to defaulted respondent Fractioni. See 84 FR 14971–72 (Apr. 12, 2019). The GEO, however, inadvertently omits a provision requiring Complainant to file a yearly written statement with the Commission attesting that Complainant continues to use the asserted trademarks in commerce in the United States, that the asserted trademarks have not been abandoned, cancelled, or rendered invalid or unenforceable, and that Complainant continues to satisfy the domestic industry requirement. The Commission has determined to issue a corrected GEO including the reporting requirement. The Commission’s vote on this determination took place on October 27, 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). 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 VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 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. Issued: October 27, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–24166 Filed 10–30–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–526 and 731– TA–1262 (Review)] Melamine From China; Institution of Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping and countervailing duty orders on melamine from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES: Instituted November 2, 2020. To be assured of consideration, the deadline for responses is December 2, 2020. Comments on the adequacy of responses may be filed with the Commission by January 14, 2021. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), 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 SUMMARY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 69359 this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On December 28, 2015, the Department of Commerce (‘‘Commerce’’) issued antidumping and countervailing duty orders on imports of melamine from China (80 FR 80751). The Commission is conducting reviews pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by Commerce. (2) The Subject Country in these reviews is China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations, the Commission found a single Domestic Like Product consisting of melamine, coextensive with Commerce’s scope definition. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, the Commission defined the Domestic Industry as all U.S. producers of the melamine products described by Commerce’s scope. (5) The Order Date is the date that the antidumping and countervailing duty orders under review became effective. In these reviews, the Order Date is December 28, 2015. (6) An Importer is any person or firm engaged, either directly or through a E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69358-69359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24166]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1074]


Certain Industrial Automation Systems and Components Thereof 
Including Control Systems, Controllers, Visualization Hardware, Motion 
and Motor Control Systems, Networking Equipment, Safety Devices, and 
Power Supplies; Notice of Commission Determination To Issue a Corrected 
General Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a corrected general exclusion order 
(``GEO'') in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 16, 2017, under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by Rockwell Automation, Inc. (``Complainant'') of Milwaukee, Wisconsin. 
See 82 FR 48113-15 (Oct. 16, 2017). The complaint, as supplemented, 
alleged violations of section 337 based on the infringement of certain 
registered trademarks and copyrights and on unfair methods of 
competition and unfair acts in the importation or sale of certain 
industrial automation systems and components thereof including control 
systems, controllers, visualization hardware, motion and motor control 
systems, networking equipment, safety devices, and power supplies, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States. See id. The notice of investigation 
identified the following respondents: Can Electric Limited of 
Guangzhou, China (``Can Electric''); Capnil (HK) Company Limited of 
Hong Kong (``Capnil''); Fractioni (Hongkong) Ltd. of Shanghai, China 
(``Fractioni''); Fujian Dahong Trade Co. of Fujian, China (``Dahong''); 
GreySolution Limited d/b/a Fibica of Hong Kong (``GreySolution''); 
Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China (``Huang''); KBS 
Electronics Suzhou Co, Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop 
d/b/a VIP Tech Limited of Hong Kong (``PLC-VIP''); Radwell 
International, Inc. d/b/a PLC Center of Willingboro, New Jersey 
(``Radwell''); Shanghai EuoSource Electronic Co., Ltd of Shanghai, 
China (``EuoSource''); ShenZhen T-Tide Trading co., Ltd. of Shenzhen, 
China (``T-Tide''); SoBuy Commercial (HK) Co. Limited of Hong Kong 
(``SoBuy''); Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei 
Guangxue Youxiangongsi, d/b/a Easy Microoptics Co. LTD. of Jiangsu, 
China (``Suzhou''); Wenzhou Sparker Group Co. Ltd., d/b/a Sparker 
Instruments of Wenzhou, China (``Sparker''); and Yaspro Electronics 
(Shanghai) Co., Ltd. of Shanghai, China (``Yaspro''). See id. In 
addition, the Office of Unfair Import Investigations was also a party 
in this investigation. See id.
    Nine respondents were found in default, namely, Fractioni, 
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can 
Electric (collectively, ``the Defaulted Respondents''). Furthermore, 
five

[[Page 69359]]

unserved respondents (Capnil, Dahong, Huang, PLC-VIP, and Sparker) were 
terminated from the investigation, and one respondent (Radwell) was 
terminated based on the entry of a consent order.
    On October 23, 2018, the Administrative Law Judge (``ALJ'') issued 
a final initial determination (``FID'') finding a violation of section 
337 by the Defaulted Respondents and recommending that the Commission: 
(1) Issue a general exclusion order (``GEO''); and (2) issue a cease 
and desist order (``CDO'') against Defaulted Respondent Fractioni. The 
ALJ determined that the Defaulted Respondents infringed Complainant's 
asserted trademarks, but that Complainant failed to establish its two 
other claims, namely, the infringement of Complainant's asserted 
copyrights and tortious interference with Complainant's contracts.
    On December 20, 2018, the Commission issued a notice determining 
not to review the FID. See 83 FR 67346-48 (Dec. 28, 2018). On April 8, 
2019, the Commission issued a notice determining that the appropriate 
remedy is a GEO prohibiting the unlicensed entry of certain industrial 
automation systems and components thereof including control systems, 
controllers, visualization hardware, motion and motor control systems, 
networking equipment, safety devices, and power supplies that infringe 
Complainant's asserted trademarks, and a CDO directed to defaulted 
respondent Fractioni. See 84 FR 14971-72 (Apr. 12, 2019). The GEO, 
however, inadvertently omits a provision requiring Complainant to file 
a yearly written statement with the Commission attesting that 
Complainant continues to use the asserted trademarks in commerce in the 
United States, that the asserted trademarks have not been abandoned, 
cancelled, or rendered invalid or unenforceable, and that Complainant 
continues to satisfy the domestic industry requirement.
    The Commission has determined to issue a corrected GEO including 
the reporting requirement.
    The Commission's vote on this determination took place on October 
27, 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).
    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.

    Issued: October 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-24166 Filed 10-30-20; 8:45 am]
BILLING CODE 7020-02-P
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