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