Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Materials; Commission Determination To Review-nn-Part an Initial Determination Granting Summary Determination of Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 1523-1524 [2021-00086]
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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices
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 individuals are advised that
information on this matter can be
obtained 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
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
Authority: This investigation is being
terminated under authority of title VII of
the Tariff Act of 1930 and pursuant to
section 207.40(a) of the Commission’s
Rules of Practice and Procedure (19 CFR
207.40(a)). This notice is published
pursuant to section 201.10 of the
Commission’s rules (19 CFR 201.10).
By order of the Commission.
Issued: January 5, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–00140 Filed 1–7–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1184]
Certain Shaker Screens for Drilling
Fluids, Components Thereof, and
Related Materials; Commission
Determination To Review-nn-Part an
Initial Determination Granting
Summary Determination of Violation of
Section 337; Request for Written
Submissions on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part an initial determination (‘‘ID’’)
(Order No. 20) issued by the presiding
administrative law judge (‘‘ALJ’’)
granting a motion for summary
determination of violation of section
337. The Commission requests written
submissions from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
tkelley on DSKBCP9HB2PROD with NOTICES
SUMMARY:
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21:23 Jan 07, 2021
Jkt 253001
public interest, and bonding, under the
schedule set forth below.
FOR FURTHER INFORMATION CONTACT:
Benjamin S. Richards, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5453. 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 this investigation
on November 21, 2019, based on a
complaint, as amended, filed by M–I
L.L.C. of Houston, Texas (‘‘M–I’’). 84 FR
64339 (Nov. 21, 2019). The amended
complaint alleged violations of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain shaker screens for drilling fluids,
components thereof, and related
marketing materials by reason of
infringement of: (1) Certain claims of
U.S. Patent Nos. 7,210,582 (‘‘the ’582
patent’’), 7,810,649 (‘‘the ’649 patent’’),
and (‘‘the ’735 patent’’);; and (2) U.S.
Trademark Registration Nos. 2,151,736
and 2,744,891. Id. The Commission’s
notice of investigation named six
respondents, including Anping Shengjia
Hardware Mesh Co., Ltd. (‘‘SJ Screen’’)
and Hebei Hengying Wire Cloth Co. Ltd
(‘‘Hengying Wire Cloth’’) (collectively
the ‘‘Defaulting Respondents’’). Id. at
64339–40. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id. at 64340.
On February 5, 2020, the Commission
found SJ Screen and Hengying Wire
Cloth in default. Order No. 10,
unreviewed, Notice, EDIS Doc. ID
704161 (Mar. 5, 2020). Thereafter, and
after the termination of the other
remaining respondents by consent
order, see Order No. 8, unreviewed,
Notice, EDIS Doc. ID 701736 (Feb. 6,
2020); Order No. 14, unreviewed,
Notice, EDIS Doc. ID 708798 (Apr. 23,
2020), M–I withdrew all of its
trademark-based allegations, as well as
claims 2–11 of the ’582 patent; claims
2–7 and 9 of the ’649 patent; and claims
2–9, 13, 16, and 18–19 of the ’735 patent
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
1523
from the investigation. See Order No.
19, unreviewed, Notice, EDIS Doc. ID
720447 (Sept. 24, 2020).
On August 27, 2020, M–I filed a
motion for summary determination that
the Defaulting Respondents violated
section 337 and that M–I satisfies the
domestic industry requirement of
section 337. The motion sought issuance
of a general exclusion order (‘‘GEO’’)
and imposition of a one hundred
percent (100%) bond on accused
products imported during the
Presidential review period. On
September 16, 2020, OUII filed a
response supporting M–I’s motion,
including the remedial relief requested
therein.
On November 19, 2020, the ALJ
issued the subject ID granting M–I’s
motion and recommending issuance of
a GEO and imposition of a bond in the
amount of 100 percent of the entered
value of infringing products.
Specifically, the ID found that (1) the
Commission has jurisdiction over the
products, the parties, and the
investigation; (2) the importation
requirement is satisfied; (3) M–I has
standing to bring this investigation; (4)
all of the remaining asserted claims are
infringed by one or more of the
Defaulting Respondents’ products; and
(5) M–I has satisfied the domestic
industry requirement of section 337.
Additionally, the ALJ recommended
that the Commission issue a GEO and
impose a bond in the amount of one
hundred percent (100%) of the entered
value of infringing articles imported
during the period of Presidential review.
The Commission has determined to
review the ID’s finding that M–I’s
investments in plant and equipment and
M–I’s employment of labor and capital
are significant under section
337(a)(3)(A) and (B). The Commission
has determined not to review the
remainder of the ID.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of, inter alia,
(1) an exclusion order that could result
in the exclusion of the subject articles
from entry into the United States and/
or (2) cease and desist orders that could
result in the respondents being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
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08JAN1
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1524
Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(Dec. 1994).
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order would have on: (1) The
public health and welfare, (2)
competitive conditions in the U.S.
economy, (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation,
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding.
In its initial submission, Complainant
is also requested to identify the remedy
sought and Complainant and OUII are
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is further
requested to state the dates that the
Asserted Patents expire, the HTSUS
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the products at
issue in this investigation. The initial
written submissions and proposed
remedial orders must be filed no later
than close of business on January 19,
2021. Reply submissions must be filed
no later than the close of business on
VerDate Sep<11>2014
21:23 Jan 07, 2021
Jkt 253001
January 26, 2021. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (Inv.
No. 337–TA–1184) in a prominent place
on the cover page and/or the first page.
(See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). Persons with questions
regarding filing should contact the
Secretary, (202) 205–2000.
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
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. 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, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The Commission vote for this
determination took place on January 4,
2021.
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.
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
Issued: January 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–00086 Filed 1–7–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Electronic Devices with
Wireless Connectivity, Components
Thereof, and Products Containing Same,
DN 3520; the Commission is soliciting
comments on any public interest issues
raised by the complaint or
complainant’s filing pursuant to the
Commission’s Rules of Practice and
Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (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 United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.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 has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
Ericsson Inc., Telefonaktiebolaget LM
Ericsson, and Ericsson AB on January 4,
2021. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain electronic devices with wireless
SUMMARY:
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1523-1524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00086]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1184]
Certain Shaker Screens for Drilling Fluids, Components Thereof,
and Related Materials; Commission Determination To Review-nn-Part an
Initial Determination Granting Summary Determination of Violation of
Section 337; Request for Written Submissions on Remedy, the Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part an initial determination
(``ID'') (Order No. 20) issued by the presiding administrative law
judge (``ALJ'') granting a motion for summary determination of
violation of section 337. The Commission requests written submissions
from the parties, interested government agencies, and interested
persons on the issues of remedy, the public interest, and bonding,
under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5453. 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 November 21, 2019, based on a complaint, as amended, filed by M-I
L.L.C. of Houston, Texas (``M-I''). 84 FR 64339 (Nov. 21, 2019). The
amended complaint alleged violations of section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain shaker screens for drilling fluids,
components thereof, and related marketing materials by reason of
infringement of: (1) Certain claims of U.S. Patent Nos. 7,210,582
(``the '582 patent''), 7,810,649 (``the '649 patent''), and (``the '735
patent'');; and (2) U.S. Trademark Registration Nos. 2,151,736 and
2,744,891. Id. The Commission's notice of investigation named six
respondents, including Anping Shengjia Hardware Mesh Co., Ltd. (``SJ
Screen'') and Hebei Hengying Wire Cloth Co. Ltd (``Hengying Wire
Cloth'') (collectively the ``Defaulting Respondents''). Id. at 64339-
40. The Office of Unfair Import Investigations (``OUII'') is
participating in this investigation. Id. at 64340.
On February 5, 2020, the Commission found SJ Screen and Hengying
Wire Cloth in default. Order No. 10, unreviewed, Notice, EDIS Doc. ID
704161 (Mar. 5, 2020). Thereafter, and after the termination of the
other remaining respondents by consent order, see Order No. 8,
unreviewed, Notice, EDIS Doc. ID 701736 (Feb. 6, 2020); Order No. 14,
unreviewed, Notice, EDIS Doc. ID 708798 (Apr. 23, 2020), M-I withdrew
all of its trademark-based allegations, as well as claims 2-11 of the
'582 patent; claims 2-7 and 9 of the '649 patent; and claims 2-9, 13,
16, and 18-19 of the '735 patent from the investigation. See Order No.
19, unreviewed, Notice, EDIS Doc. ID 720447 (Sept. 24, 2020).
On August 27, 2020, M-I filed a motion for summary determination
that the Defaulting Respondents violated section 337 and that M-I
satisfies the domestic industry requirement of section 337. The motion
sought issuance of a general exclusion order (``GEO'') and imposition
of a one hundred percent (100%) bond on accused products imported
during the Presidential review period. On September 16, 2020, OUII
filed a response supporting M-I's motion, including the remedial relief
requested therein.
On November 19, 2020, the ALJ issued the subject ID granting M-I's
motion and recommending issuance of a GEO and imposition of a bond in
the amount of 100 percent of the entered value of infringing products.
Specifically, the ID found that (1) the Commission has jurisdiction
over the products, the parties, and the investigation; (2) the
importation requirement is satisfied; (3) M-I has standing to bring
this investigation; (4) all of the remaining asserted claims are
infringed by one or more of the Defaulting Respondents' products; and
(5) M-I has satisfied the domestic industry requirement of section 337.
Additionally, the ALJ recommended that the Commission issue a GEO and
impose a bond in the amount of one hundred percent (100%) of the
entered value of infringing articles imported during the period of
Presidential review.
The Commission has determined to review the ID's finding that M-I's
investments in plant and equipment and M-I's employment of labor and
capital are significant under section 337(a)(3)(A) and (B). The
Commission has determined not to review the remainder of the ID.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving
[[Page 1524]]
other types of entry either are adversely affecting it or likely to do
so. For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
would have on: (1) The public health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S. production of articles that
are like or directly competitive with those that are subject to
investigation, and (4) U.S. consumers. The Commission is therefore
interested in receiving written submissions that address the
aforementioned public interest factors in the context of this
investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to state the dates that the Asserted
Patents expire, the HTSUS subheadings under which the accused products
are imported, and to supply the identification information for all
known importers of the products at issue in this investigation. The
initial written submissions and proposed remedial orders must be filed
no later than close of business on January 19, 2021. Reply submissions
must be filed no later than the close of business on January 26, 2021.
No further submissions on these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1184) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary, (202) 205-2000.
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 for which confidential treatment
by the Commission is properly sought will be treated accordingly. A
redacted non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on January 4,
2021.
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: January 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-00086 Filed 1-7-21; 8:45 am]
BILLING CODE 7020-02-P
