Polyvinyl Alcohol From China and Japan; Cancellation of Hearing for Third Full Five-Year Reviews, 8034-8035 [2021-02221]

Download as PDF 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 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices DATES: January 27, 2021. FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202–205–3177), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Effective September 17, 2020, the Commission established a schedule for the conduct of the subject full five-year reviews (85 FR 59545, September 22, 2020). Counsel for domestic producers filed its request to appear at the hearing on January 26, 2021. No other party filled a timely request to appear at the hearing. On January 27, 2021, counsel for the domestic producers filed a request that the Commission cancel the hearing. Counsel indicated a willingness to respond to any Commission questions in lieu of an actual hearing and, in the alternative, domestic producers would appear at the hearing if held. Consequently, the public hearing in connection with these reviews, scheduled to begin at 9:30 a.m. on February 2, 2021, via videoconference, is cancelled. The Commission determined that no earlier announcement of this cancellation was possible. Parties to these reviews should respond to any written questions posed by the Commission in their posthearing briefs, which are due to be filed on February 10, 2021. For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). jbell on DSKJLSW7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. VerDate Sep<11>2014 17:21 Feb 02, 2021 Jkt 253001 Issued: January 19, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–02221 Filed 2–2–21; 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 Robotic Floor Cleaning Devices and Components Thereof, DN 3530; 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 iRobot Corporation on January 28, 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 robotic floor cleaning devices and components thereof. The complainant names as respondents: SharkNinja Operating LLC, SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 8035 SharkNinja Management LLC, SharkNinja Management Co., and EP Midco LLC of Needham, MA; and SharkNinja Hong Kong Co. Ltd. of Hong Kong. The complainant requests that the Commission issue a limited exclusion order a cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, 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 E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8034-8035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02221]


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

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

AGENCY:  United States International Trade Commission.

ACTION:  Notice.

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

[[Page 8035]]


DATES:  January 27, 2021.

FOR FURTHER INFORMATION CONTACT:  Alejandro Orozco (202-205-3177), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
reviews may be viewed on the Commission's electronic docket (EDIS) at 
https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Effective September 17, 2020, the Commission 
established a schedule for the conduct of the subject full five-year 
reviews (85 FR 59545, September 22, 2020). Counsel for domestic 
producers filed its request to appear at the hearing on January 26, 
2021. No other party filled a timely request to appear at the hearing. 
On January 27, 2021, counsel for the domestic producers filed a request 
that the Commission cancel the hearing. Counsel indicated a willingness 
to respond to any Commission questions in lieu of an actual hearing 
and, in the alternative, domestic producers would appear at the hearing 
if held. Consequently, the public hearing in connection with these 
reviews, scheduled to begin at 9:30 a.m. on February 2, 2021, via 
videoconference, is cancelled. The Commission determined that no 
earlier announcement of this cancellation was possible. Parties to 
these reviews should respond to any written questions posed by the 
Commission in their posthearing briefs, which are due to be filed on 
February 10, 2021.
    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A and B (19 CFR part 201), 
and part 207, subparts A, D, E, and F (19 CFR part 207).

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Issued: January 19, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02221 Filed 2-2-21; 8:45 am]
BILLING CODE 7020-02-P