Notice of Commission Determination To Issue a Corrected General Exclusion Order; Certain Pocket Lighters, 69357-69358 [2020-24167]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices Merchandise imported from each Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in any Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2019 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries. (13) (Optional) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. By order of the Commission. Issued: October 28, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–24218 Filed 10–30–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1142] Notice of Commission Determination To Issue a Corrected General Exclusion Order; Certain Pocket Lighters U.S. International Trade Commission. ACTION: Notice. AGENCY: 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. SUMMARY: 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 obtained by contacting the PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 69357 Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On February 12, 2019, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by BIC Corporation (‘‘Complainant’’) of Shelton, Connecticut. See 84 FR 3486– 87 (Feb. 12, 2019). The complaint, as supplemented, alleges a violation of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain pocket lighters by reason of infringement of U.S. Trademark Registration Nos. 1,761,622 and 2,278,917. See id. The notice of investigation names numerous respondents, including Milan Import Export Company, LLC (‘‘Milan’’) of San Diego, California; Wellpine Company Limited of Hong Kong, China; and Zhuoye Lighter Manufacturing Co., Ltd. of Foshan City, China (collectively, ‘‘Defaulting Respondents’’). See id. The Office of Unfair Import Investigations is also a party to the investigation. See id. The Commission previously terminated other respondents based on settlement and entry of a consent order. See Order No. 21 (Oct. 30, 2019), unreviewed, Comm’n Notice (Nov. 25, 2019). The Commission also terminated an unserved respondent based on the withdrawal of the complaint allegations as to that respondent. See Order No. 23 (Dec. 18, 2019), unreviewed, Comm’n Notice (Jan. 16, 2020). The Commission further found each of the Defaulting Respondents in default. See Order No. 13 (June 6, 2019), unreviewed, Comm’n Notice (July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm’n Notice (July 8, 2019); Order No. 15 (June 18, 2019), aff’d with modification, Comm’n Notice (July 10, 2019). On February 12, 2020, the ALJ issued an ID granting Complainant’s motion for summary determination of violation of section 337 by the Defaulting Respondents. On June 22, 2020, the Commission issued a notice determining to affirm the ID and terminating the investigation. See 85 FR 38389–90 (June 26, 2020). The Commission also determined to issue a GEO prohibiting the unlicensed entry of certain pocket lighters that infringe Complainant’s asserted trade dress and a CDO directed to defaulting respondent Milan. See id. The GEO, however, inadvertently omits a provision requiring Complainant to file a yearly written statement with the Commission attesting that Complainant E:\FR\FM\02NON1.SGM 02NON1 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

Agencies

[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69357-69358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24167]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1142]


Notice of Commission Determination To Issue a Corrected General 
Exclusion Order; Certain Pocket Lighters

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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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: On February 12, 2019, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by BIC Corporation (``Complainant'') of Shelton, 
Connecticut. See 84 FR 3486-87 (Feb. 12, 2019). The complaint, as 
supplemented, alleges a violation of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain pocket 
lighters by reason of infringement of U.S. Trademark Registration Nos. 
1,761,622 and 2,278,917. See id. The notice of investigation names 
numerous respondents, including Milan Import Export Company, LLC 
(``Milan'') of San Diego, California; Wellpine Company Limited of Hong 
Kong, China; and Zhuoye Lighter Manufacturing Co., Ltd. of Foshan City, 
China (collectively, ``Defaulting Respondents''). See id. The Office of 
Unfair Import Investigations is also a party to the investigation. See 
id.
    The Commission previously terminated other respondents based on 
settlement and entry of a consent order. See Order No. 21 (Oct. 30, 
2019), unreviewed, Comm'n Notice (Nov. 25, 2019). The Commission also 
terminated an unserved respondent based on the withdrawal of the 
complaint allegations as to that respondent. See Order No. 23 (Dec. 18, 
2019), unreviewed, Comm'n Notice (Jan. 16, 2020).
    The Commission further found each of the Defaulting Respondents in 
default. See Order No. 13 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 15 (June 18, 2019), aff'd with modification, 
Comm'n Notice (July 10, 2019). On February 12, 2020, the ALJ issued an 
ID granting Complainant's motion for summary determination of violation 
of section 337 by the Defaulting Respondents.
    On June 22, 2020, the Commission issued a notice determining to 
affirm the ID and terminating the investigation. See 85 FR 38389-90 
(June 26, 2020). The Commission also determined to issue a GEO 
prohibiting the unlicensed entry of certain pocket lighters that 
infringe Complainant's asserted trade dress and a CDO directed to 
defaulting respondent Milan. See id. The GEO, however, inadvertently 
omits a provision requiring Complainant to file a yearly written 
statement with the Commission attesting that Complainant

[[Page 69358]]

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. 2020-24167 Filed 10-30-20; 8:45 am]
BILLING CODE 7020-02-P
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