Certain Foldable Reusable Drinking Straws and Components and Accessories Thereof; Issuance of a General Exclusion Order; Termination of the Investigation, 8033-8034 [2021-02195]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices its licensees, or third parties make in the 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. 3529’’) 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. VerDate Sep<11>2014 17:21 Feb 02, 2021 Jkt 253001 treatment. See 19 CFR 201.6. Documents 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: January 29, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–02220 Filed 2–2–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1183] Certain Foldable Reusable Drinking Straws and Components and Accessories Thereof; Issuance of a General Exclusion Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order (‘‘GEO’’) prohibiting the unlicensed importation of foldable reusable drinking straws and components and accessories thereof that infringe one or more of claims 1–12 and 14–17 of U.S. Patent No. 10,123,641 (‘‘the ’641 patent’’). The investigation is terminated in its entirety. SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 8033 FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–2392. 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 13, 2019, based on a complaint filed on behalf of The Final Co. LLC (‘‘Final’’ or ‘‘Complainant’’) of Santa Fe, New Mexico. 84 FR 61639 (Nov. 13, 2019). The complaint, as amended, alleged violations 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 foldable reusable drinking straws and components and accessories thereof by reason of infringement of claims 1–12, 14–17, and 20 of the ’641 patent. Id. The complaint further alleged that a domestic industry exists. Id. The Commission’s notice of investigation named seventeen respondents: Huizhou Sinri Technology Company Limited of Guangdong, China; Hebei Serun Import and Export Trade Co., Ltd. of Hebei, China; Dongguan Stirling Metal Products Co., Ltd. of Guangdong, China; Ningbo Wwpartner Plastic Manufacture Co., Ltd. of Zhejiang, China; Shenzhen Yuanzhen Technology Co., Ltd. of Shenzhen, China; Jiangmen Boyan Houseware Co., Ltd. of Guangdong, China; Shanghai Rbin Industry And Trade Co., Ltd. of Shanghai, China; Jiangmen Shengke Hardware Products Co., Ltd. of Guangdong, China; Funan Anze Trading Co., Ltd. of Anhui, China; Hangzhou Keteng Trade Co., Ltd. of Zhejiang, China; Hunan Jiudi Shiye Import And Export Trading Co., Ltd. of Hunan, China (‘‘Hunan Jiudi’’); Shenzhen Yaya Gifts Co., Ltd. of Guangdong, China; Ningbo Weixu International Trade Co., Ltd. of Zhejiang, China (‘‘Ningbo Weixu’’); Ningbo Beland Commodity Co., Ltd. of Zhejiang, China; Xiamen One X Piece Imp. & Exp. Co., Ltd. of Fujian, China; Hunan Champion Top E:\FR\FM\03FEN1.SGM 03FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8034 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices Technology Co., Ltd. of Hunan, China; and Yiwu Lizhi Trading Firm of Zhejiang, China. Id. at 61639–40. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party in this investigation. Id. at 61640. The Commission terminated respondents Ningbo Weixu and Hunan Jiudi from the investigation based on Complainant’s partial withdrawal of the complaint. See Order No. 7 (Feb. 13, 2019), unreviewed by Comm’n Notice (Mar. 9, 2020). On March 16, 2020, the Commission found the remaining fifteen respondents (collectively, the ‘‘Defaulted Respondents’’) in default. Order No. 8 (Mar. 3, 2020), unreviewed by Comm’n Notice (Mar. 16, 2020). On April 7, 2020, Complainant filed a motion for summary determination of a violation of section 337 by the Defaulted Respondents. On May 5, 2020, Complainant filed a motion for leave to supplement the motion for summary determination, and the ALJ granted leave on May 8, 2020. On May 27, 2020, OUII filed its response in support of Complainant’s motion. On July 17, 2020, the ALJ issued Order No. 13, an ID granting in part the motion for summary determination. See Order No. 13 (July 17, 2020). The ALJ found that Complainant established importation of the accused products and infringement of claims 1–12 and 14–17 of the ’641 patent by Defaulted Respondents and that Complainant satisfied the technical prong of the domestic industry requirement. However, the ALJ did not grant the motion with respect to Complainant’s satisfaction of the economic prong of the domestic industry requirement or infringement of claim 20, so the ALJ did not find a violation of section 337 by the Defaulted Respondents. The Commission determined not to review Order No. 13. See Notice (Aug. 18, 2020). Also, on July 17, 2020, the ALJ issued Order No. 14, which required the parties to choose from several options on how to proceed. See Order No. 14, at 1–2 (July 17, 2020). On July 31, 2020, Complainant and OUII filed a joint response to Order No. 14. The joint response stated that Complainant would file a motion to amend the complaint to terminate its assertion of claim 20 of the ’641 patent, and an additional motion for summary determination on the remaining issues. On August 7, 2020, Complainant filed a motion for partial summary determination regarding the economic prong of the domestic industry requirement, a remedy in the form of a general exclusion order, and a bond VerDate Sep<11>2014 17:21 Feb 02, 2021 Jkt 253001 during the period of Presidential review in the amount of one hundred percent (100%) of the entered value. On August 14, 2020, Complainant moved to replace Exhibit 11C within its motion for summary determination, which was granted by the ALJ. See Order No. 16 (Aug. 20, 2020). On August 24, 2020, OUII filed its response in support of Complainant’s motion. On August 17, 2020, Complainant moved to terminate the investigation with respect to asserted claim 20 by reason of withdrawal of the complaint allegations. On August 26, 2020, the ALJ granted the motion to withdraw claim 20. See Order No. 17 (Aug. 26, 2020), unreviewed by Comm’n Notice (Sep. 15, 2020). On September 22, 2020, the ALJ issued Order No. 18, an ID granting Complainant’s motion for partial summary determination that a domestic industry exists with respect to Complainant’s research and development investments under section 337(a)(3)(C) and finding a violation of section 337 with respect to claims 1–12 and 14–17 of the ’641 patent by the Defaulted Respondents. The ID also denied Complainant’s motion for summary determination under section 337(a)(3)(B). No petitions for review of the ID were filed. The ALJ concurrently issued a Recommended Determination (‘‘RD’’) on the issues of remedy and bonding. The RD recommended the issuance of a GEO and setting the bond during the period of Presidential review in the amount of one hundred percent (100%) of the entered value. The Commission solicited comments from the public on public interest issues raised by the recommended relief. 85 FR 67010 (Oct. 21, 2020). No submissions were filed in response to the Commission Notice. On November 5, 2020, the Commission determined not to review Order No. 18, thereby adopting the ID’s finding of a violation of section 337 in connection with claims 1–12 and 14–17 of the ’641 patent. 85 FR 71942–43 (Nov. 12, 2020). (The Order’s denial of summary determination as to section 337(a)(3)(B) was not an initial determination subject to Commission review and hence was not adopted by the Commission). The Commission also requested the parties, interested government agencies, and other interested parties to file submissions on the issues of remedy, the public interest, and bonding during the period of Presidential review. Id. at 71944. On November 19 and November 23, 2020, OUII and Complainant, respectively, filed submissions on the issues of remedy, the public interest, and PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 bonding as requested by the Commission. See id. at 71943–44. On November 30, 2020, OUII and Complainant each filed reply submissions. No other submissions were received in response to the Notice. The Commission has determined that the appropriate remedy in this investigation is a GEO prohibiting the unlicensed importation of foldable reusable drinking straws and components and accessories thereof that infringe one or more of claims 1–12 and 14–17 of the ’641 patent. The foldable reusable drinking straws and components and accessories thereof that are subject to the GEO are as follows: individual foldable reusable drinking straws and components thereof, cases used to store the foldable reusable drinking straws, and tools used for cleaning the foldable reusable drinking straws. The Commission has also determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the exclusion order. Finally, the Commission has determined that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the amount of one hundred percent (100%) of the entered value of the imported articles subject to the GEO. The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. The investigation is hereby terminated. The Commission vote for this determination took place on January 28, 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 28, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–02195 Filed 2–2–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1014 and 1016 (Third Review)] Polyvinyl Alcohol From China and Japan; Cancellation of Hearing for Third Full Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8033-8034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02195]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1183]


Certain Foldable Reusable Drinking Straws and Components and 
Accessories Thereof; Issuance of a General Exclusion Order; 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 determined to issue a general exclusion order (``GEO'') 
prohibiting the unlicensed importation of foldable reusable drinking 
straws and components and accessories thereof that infringe one or more 
of claims 1-12 and 14-17 of U.S. Patent No. 10,123,641 (``the '641 
patent''). The investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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 13, 2019, based on a complaint filed on behalf of The Final 
Co. LLC (``Final'' or ``Complainant'') of Santa Fe, New Mexico. 84 FR 
61639 (Nov. 13, 2019). The complaint, as amended, alleged violations 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 foldable reusable drinking straws and components and 
accessories thereof by reason of infringement of claims 1-12, 14-17, 
and 20 of the '641 patent. Id. The complaint further alleged that a 
domestic industry exists. Id. The Commission's notice of investigation 
named seventeen respondents: Huizhou Sinri Technology Company Limited 
of Guangdong, China; Hebei Serun Import and Export Trade Co., Ltd. of 
Hebei, China; Dongguan Stirling Metal Products Co., Ltd. of Guangdong, 
China; Ningbo Wwpartner Plastic Manufacture Co., Ltd. of Zhejiang, 
China; Shenzhen Yuanzhen Technology Co., Ltd. of Shenzhen, China; 
Jiangmen Boyan Houseware Co., Ltd. of Guangdong, China; Shanghai Rbin 
Industry And Trade Co., Ltd. of Shanghai, China; Jiangmen Shengke 
Hardware Products Co., Ltd. of Guangdong, China; Funan Anze Trading 
Co., Ltd. of Anhui, China; Hangzhou Keteng Trade Co., Ltd. of Zhejiang, 
China; Hunan Jiudi Shiye Import And Export Trading Co., Ltd. of Hunan, 
China (``Hunan Jiudi''); Shenzhen Yaya Gifts Co., Ltd. of Guangdong, 
China; Ningbo Weixu International Trade Co., Ltd. of Zhejiang, China 
(``Ningbo Weixu''); Ningbo Beland Commodity Co., Ltd. of Zhejiang, 
China; Xiamen One X Piece Imp. & Exp. Co., Ltd. of Fujian, China; Hunan 
Champion Top

[[Page 8034]]

Technology Co., Ltd. of Hunan, China; and Yiwu Lizhi Trading Firm of 
Zhejiang, China. Id. at 61639-40. The Office of Unfair Import 
Investigations (``OUII'') is also named as a party in this 
investigation. Id. at 61640.
    The Commission terminated respondents Ningbo Weixu and Hunan Jiudi 
from the investigation based on Complainant's partial withdrawal of the 
complaint. See Order No. 7 (Feb. 13, 2019), unreviewed by Comm'n Notice 
(Mar. 9, 2020).
    On March 16, 2020, the Commission found the remaining fifteen 
respondents (collectively, the ``Defaulted Respondents'') in default. 
Order No. 8 (Mar. 3, 2020), unreviewed by Comm'n Notice (Mar. 16, 
2020).
    On April 7, 2020, Complainant filed a motion for summary 
determination of a violation of section 337 by the Defaulted 
Respondents. On May 5, 2020, Complainant filed a motion for leave to 
supplement the motion for summary determination, and the ALJ granted 
leave on May 8, 2020. On May 27, 2020, OUII filed its response in 
support of Complainant's motion.
    On July 17, 2020, the ALJ issued Order No. 13, an ID granting in 
part the motion for summary determination. See Order No. 13 (July 17, 
2020). The ALJ found that Complainant established importation of the 
accused products and infringement of claims 1-12 and 14-17 of the '641 
patent by Defaulted Respondents and that Complainant satisfied the 
technical prong of the domestic industry requirement. However, the ALJ 
did not grant the motion with respect to Complainant's satisfaction of 
the economic prong of the domestic industry requirement or infringement 
of claim 20, so the ALJ did not find a violation of section 337 by the 
Defaulted Respondents. The Commission determined not to review Order 
No. 13. See Notice (Aug. 18, 2020).
    Also, on July 17, 2020, the ALJ issued Order No. 14, which required 
the parties to choose from several options on how to proceed. See Order 
No. 14, at 1-2 (July 17, 2020). On July 31, 2020, Complainant and OUII 
filed a joint response to Order No. 14. The joint response stated that 
Complainant would file a motion to amend the complaint to terminate its 
assertion of claim 20 of the '641 patent, and an additional motion for 
summary determination on the remaining issues.
    On August 7, 2020, Complainant filed a motion for partial summary 
determination regarding the economic prong of the domestic industry 
requirement, a remedy in the form of a general exclusion order, and a 
bond during the period of Presidential review in the amount of one 
hundred percent (100%) of the entered value. On August 14, 2020, 
Complainant moved to replace Exhibit 11C within its motion for summary 
determination, which was granted by the ALJ. See Order No. 16 (Aug. 20, 
2020). On August 24, 2020, OUII filed its response in support of 
Complainant's motion.
    On August 17, 2020, Complainant moved to terminate the 
investigation with respect to asserted claim 20 by reason of withdrawal 
of the complaint allegations. On August 26, 2020, the ALJ granted the 
motion to withdraw claim 20. See Order No. 17 (Aug. 26, 2020), 
unreviewed by Comm'n Notice (Sep. 15, 2020).
    On September 22, 2020, the ALJ issued Order No. 18, an ID granting 
Complainant's motion for partial summary determination that a domestic 
industry exists with respect to Complainant's research and development 
investments under section 337(a)(3)(C) and finding a violation of 
section 337 with respect to claims 1-12 and 14-17 of the '641 patent by 
the Defaulted Respondents. The ID also denied Complainant's motion for 
summary determination under section 337(a)(3)(B). No petitions for 
review of the ID were filed.
    The ALJ concurrently issued a Recommended Determination (``RD'') on 
the issues of remedy and bonding. The RD recommended the issuance of a 
GEO and setting the bond during the period of Presidential review in 
the amount of one hundred percent (100%) of the entered value. The 
Commission solicited comments from the public on public interest issues 
raised by the recommended relief. 85 FR 67010 (Oct. 21, 2020). No 
submissions were filed in response to the Commission Notice.
    On November 5, 2020, the Commission determined not to review Order 
No. 18, thereby adopting the ID's finding of a violation of section 337 
in connection with claims 1-12 and 14-17 of the '641 patent. 85 FR 
71942-43 (Nov. 12, 2020). (The Order's denial of summary determination 
as to section 337(a)(3)(B) was not an initial determination subject to 
Commission review and hence was not adopted by the Commission). The 
Commission also requested the parties, interested government agencies, 
and other interested parties to file submissions on the issues of 
remedy, the public interest, and bonding during the period of 
Presidential review. Id. at 71944. On November 19 and November 23, 
2020, OUII and Complainant, respectively, filed submissions on the 
issues of remedy, the public interest, and bonding as requested by the 
Commission. See id. at 71943-44. On November 30, 2020, OUII and 
Complainant each filed reply submissions. No other submissions were 
received in response to the Notice.
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed importation of 
foldable reusable drinking straws and components and accessories 
thereof that infringe one or more of claims 1-12 and 14-17 of the '641 
patent. The foldable reusable drinking straws and components and 
accessories thereof that are subject to the GEO are as follows: 
individual foldable reusable drinking straws and components thereof, 
cases used to store the foldable reusable drinking straws, and tools 
used for cleaning the foldable reusable drinking straws. The Commission 
has also determined that the public interest factors enumerated in 
section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of 
the exclusion order. Finally, the Commission has determined that the 
bond during the period of Presidential review pursuant to 19 U.S.C. 
1337(j) shall be in the amount of one hundred percent (100%) of the 
entered value of the imported articles subject to the GEO. The 
Commission's order was delivered to the President and to the United 
States Trade Representative on the day of its issuance. The 
investigation is hereby terminated.
    The Commission vote for this determination took place on January 
28, 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 28, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02195 Filed 2-2-21; 8:45 am]
BILLING CODE 7020-02-P