Notice of a Commission Determination To Issue a Limited Exclusion Order Against the Defaulting Respondent; Termination of the Investigation; Certain Rolled-Edge Rigid Plastic Food Trays, 12495-12496 [2021-04312]

Download as PDF Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices In response to Vineyard Wind’s December 1, 2020, letter, BOEM published a Federal Register notice on December 16, 2020, informing the public that ‘‘preparation of an Environmental Impact Statement’’ for the COP was ‘‘no longer necessary’’ for the sole reason that ‘‘the COP ha[d] been withdrawn from review and decisionmaking.’’ See 85 FR 81486 (Dec. 16, 2020). Accordingly, BOEM ‘‘terminated’’ the ‘‘preparation and completion’’ of the EIS. Id. On January 22, 2021, Vineyard Wind notified BOEM via letter that it had completed its technical and logistical due diligence review and had concluded that inclusion of the HaliadeX turbines did not warrant any modifications to the COP. Vineyard Wind therefore informed BOEM that it was rescinding its temporary withdrawal and asked BOEM to resume its review of the COP. Because Vineyard Wind has indicated that its proposed COP is ‘‘a decision pending before BOEM,’’ BOEM is resuming its review of the COP under NEPA. Id. Vineyard Wind’s COP and BOEM’s draft and supplemental EISs can be found at: https://www.boem.gov/vineyard-wind. Authority: This notice was prepared under NEPA (42 U.S.C. 4321 et seq.) and is published in accordance with Council on Environmental Quality regulations (40 CFR parts 1500–508). William Y. Brown, Chief Environmental Officer, Bureau of Ocean Energy Management. [FR Doc. 2021–04392 Filed 3–2–21; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1203] Notice of a Commission Determination To Issue a Limited Exclusion Order Against the Defaulting Respondent; Termination of the Investigation; Certain Rolled-Edge Rigid Plastic Food Trays U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to issue a limited exclusion order against defaulted respondent Ningbo Linhua Plastic Co., Ltd. (‘‘Ningbo’’), the last remaining respondent. The Commission has also determined to impose a bond equal to one hundred percent (100%) of the jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:29 Mar 02, 2021 Jkt 253001 entered value of the infringing products imported during the period of Presidential review. The investigation is hereby terminated. FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. 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, telephone 202–205–1810. The Commission instituted this investigation on June 23, 2020, based on a complaint filed by Clearly Clean Products, LLC of South Windsor, Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania (‘‘Complainants’’). 85 FR 37689–90 (June 23, 2020). The complaint alleges a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), by reason of infringement of certain claims of U.S. Patent Nos. 9,908,281 and 10,562,680. The notice of investigation named the following respondents: Eco Food Pak (USA), Inc. of Chino, California (‘‘Eco’’) and Ningbo Linhua Plastic Co., Ltd. of Fenghua, China (‘‘Ningbo’’). The Commission’s Office of Unfair Import Investigations (‘‘OUII’’) also was named as a party. Eco was terminated from the investigation on October 20, 2020, on the basis of a consent order and consent order stipulation. Comm’n Notice (Oct. 20, 2020). Also on October 20, 2020, the Commission determined not to review an initial determination (‘‘ID’’) (Order No. 7) granting Complainants’ unopposed motion to find respondent Ningbo in default. Order No. 7 (Oct. 6, 2020), unreviewed, Comm’n Notice (Oct. 20, 2020). At that time, the Commission requested briefing on the issues of remedy, bonding, and the public interest with respect to Ningbo. 85 FR 67566–67 (Oct. 23, 2020). On November 3, 2020, Complainants and OUII filed responses to the Commission’s request for briefing. Both parties also filed reply submissions on SUPPLEMENTARY INFORMATION: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 12495 November 10, 2020. No other submissions were received. Upon review of the record, and in the absence of any response from Ningbo or from other interested persons or government agencies, and having concluded that it would not be contrary to the public interest to do so, the Commission has determined to issue a limited exclusion order against Ningbo pursuant to Section 337(g)(1), 19 U.S.C. 1337(g)(1). However, the Commission declines to issue the requested cease and desist order against Ningbo because Complainants have not established that Ningbo maintains a commercially significant inventory in the U.S. or engages in significant commercial business operations in the United States, taking the allegations in the complaint as true, and as supported by the available circumstantial evidence. See Certain Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor, Inv. 337–TA–997, Comm’n Op. at 16, 17–20 (Apr. 28, 2017). Exhibits 19 and 20 to the Complaint reflect shipments of ‘‘trays’’ to terminated Respondent Eco, which has entered into a consent order in this investigation, and thus do not suggest ongoing commercial operations necessitating a CDO. Even assuming the shipments to non-parties reflected in Exhibit 19 included infringing products, the latest arrival of said shipments occurred in May 2018, and likewise do not support the inference that Ningbo or its agents maintain any, much less commercially significant, inventory in the U.S. See Compl., Ex. 19 at 9; cf. Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same, Inv. No. 337–TA– 959, Comm’n Op. at 32 (Feb. 13, 2017) (evidence of ‘‘short lead times between order placement and delivery’’ and low shipping costs supported the inference that ‘‘U.S. purchases of the foreign respondents’ infringing products were made from U.S. inventories’’). The Commission has determined to set a bond in the amount of one hundred percent (100%) of the entered value of the covered products. Commissioner Karpel and Commissioner Schmidtlein would issue both an LEO and a CDO directed to defaulting respondent Ningbo pursuant to Section 337(g)(1) because all requirements of this provision are met. Ningbo was named in the complaint and was served with the complaint and notice of investigation. See Order No. 7 (Oct. 6, 2020), unreviewed, Comm’n Notice (Oct. 20, 2020). The ALJ issued a show cause order ordering Ningbo to show cause why it should not be held in default for failing to respond to the E:\FR\FM\03MRN1.SGM 03MRN1 12496 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices complaint and notice of investigation. See id. Ningbo did not file a response to the show cause order. Id. These findings satisfy subsections 337(g)(1)(A)–(D). Complainants requested an LEO and a CDO limited to Ningbo thus satisfying subsection 337(g)(1)(E). Given that subsections 337(g)(1)(A)–(E) are satisfied and Complainants requested these remedies, the statute directs the Commission to issue the requested LEO and CDO, subject to consideration of the public interest. Commissioner Karpel and Commissioner Schmidtlein find that the public interest factors set forth in Section 337(g)(1) do not support a finding that these remedies would be contrary to the public interest. The investigation is hereby terminated. The Commission vote for this determination took place on February 25, 2021. While temporary remote operating procedures are in place in response to COVID–19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the Complainants complete service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System (EDIS). 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: February 25, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–04312 Filed 3–2–21; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE jbell on DSKJLSW7X2PROD with NOTICES [OMB Number 1105–0104] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With Change, of a Previously Approved Collection District/Aviation Security Officers (DSO/ASO) Personal Qualifications Statement U.S. Marshals Service, Department of Justice. AGENCY: VerDate Sep<11>2014 17:29 Mar 02, 2021 Jkt 253001 ACTION: 60-Day notice. The Department of Justice (DOJ), U.S. Marshals Service (USMS), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until May 3, 2021. FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Nicole Timmons either by mail at CG–3, 10th Floor, Washington, DC 20530–0001, by email at Nicole.Timmons@usdoj.gov, or by telephone at 202–236–2646. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. SUMMARY: Overview of This Information Collection 1. Type of Information Collection (check justification or form 83): Extension with change of a currently approved collection. 2. The Title of the Form/Collection: District/Aviation Security Officers (DSO/ASO) Personal Qualifications Statement. PO 00000 Frm 00087 Fmt 4703 Sfmt 9990 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number (if applicable): Form USM–234. Component: U.S. Marshals Service, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: District/Aviation Security Officers Job Applicants. Other (if applicable): [None]. Abstract: This form will primarily be used to collect applicant reference information. Reference checking is an objective evaluation of an applicant’s past job performance based on information collected from key individuals (e.g., supervisors, peers, subordinates) who have known and worked with the applicant. Reference checking is a necessary supplement to the evaluation of resumes and other descriptions of training and experience, and allows the selecting official to hire applicants with a strong history of performance. The questions on this form have been developed following the OPM, MSPB, and DOJ ‘‘Best Practice’’ guidelines for reference checking. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 1,000 respondents will utilize the form, and it will take each respondent approximately 60 minutes to complete the form. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 1,000 hours, which is equal to (1,000 (total # of annual responses) * 1 (60 mins). If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: February 25, 2021. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2021–04323 Filed 3–2–21; 8:45 am] BILLING CODE 4410–04–P E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Notices]
[Pages 12495-12496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04312]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1203]


Notice of a Commission Determination To Issue a Limited Exclusion 
Order Against the Defaulting Respondent; Termination of the 
Investigation; Certain Rolled-Edge Rigid Plastic Food Trays

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to issue a limited exclusion 
order against defaulted respondent Ningbo Linhua Plastic Co., Ltd. 
(``Ningbo''), the last remaining respondent. The Commission has also 
determined to impose a bond equal to one hundred percent (100%) of the 
entered value of the infringing products imported during the period of 
Presidential review. The investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2737. 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, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 23, 2020, based on a complaint filed by Clearly Clean Products, 
LLC of South Windsor, Connecticut and Converter Manufacturing, LLC of 
Orwigsburg, Pennsylvania (``Complainants''). 85 FR 37689-90 (June 23, 
2020). The complaint alleges a violation of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), by reason of 
infringement of certain claims of U.S. Patent Nos. 9,908,281 and 
10,562,680. The notice of investigation named the following 
respondents: Eco Food Pak (USA), Inc. of Chino, California (``Eco'') 
and Ningbo Linhua Plastic Co., Ltd. of Fenghua, China (``Ningbo''). The 
Commission's Office of Unfair Import Investigations (``OUII'') also was 
named as a party.
    Eco was terminated from the investigation on October 20, 2020, on 
the basis of a consent order and consent order stipulation. Comm'n 
Notice (Oct. 20, 2020).
    Also on October 20, 2020, the Commission determined not to review 
an initial determination (``ID'') (Order No. 7) granting Complainants' 
unopposed motion to find respondent Ningbo in default. Order No. 7 
(Oct. 6, 2020), unreviewed, Comm'n Notice (Oct. 20, 2020). At that 
time, the Commission requested briefing on the issues of remedy, 
bonding, and the public interest with respect to Ningbo. 85 FR 67566-67 
(Oct. 23, 2020).
    On November 3, 2020, Complainants and OUII filed responses to the 
Commission's request for briefing. Both parties also filed reply 
submissions on November 10, 2020. No other submissions were received.
    Upon review of the record, and in the absence of any response from 
Ningbo or from other interested persons or government agencies, and 
having concluded that it would not be contrary to the public interest 
to do so, the Commission has determined to issue a limited exclusion 
order against Ningbo pursuant to Section 337(g)(1), 19 U.S.C. 
1337(g)(1). However, the Commission declines to issue the requested 
cease and desist order against Ningbo because Complainants have not 
established that Ningbo maintains a commercially significant inventory 
in the U.S. or engages in significant commercial business operations in 
the United States, taking the allegations in the complaint as true, and 
as supported by the available circumstantial evidence. See Certain 
Arrowheads with Deploying Blades and Components Thereof and Packaging 
Therefor, Inv. 337-TA-997, Comm'n Op. at 16, 17-20 (Apr. 28, 2017). 
Exhibits 19 and 20 to the Complaint reflect shipments of ``trays'' to 
terminated Respondent Eco, which has entered into a consent order in 
this investigation, and thus do not suggest ongoing commercial 
operations necessitating a CDO. Even assuming the shipments to non-
parties reflected in Exhibit 19 included infringing products, the 
latest arrival of said shipments occurred in May 2018, and likewise do 
not support the inference that Ningbo or its agents maintain any, much 
less commercially significant, inventory in the U.S. See Compl., Ex. 19 
at 9; cf. Certain Electric Skin Care Devices, Brushes and Chargers 
Therefor, and Kits Containing the Same, Inv. No. 337-TA-959, Comm'n Op. 
at 32 (Feb. 13, 2017) (evidence of ``short lead times between order 
placement and delivery'' and low shipping costs supported the inference 
that ``U.S. purchases of the foreign respondents' infringing products 
were made from U.S. inventories''). The Commission has determined to 
set a bond in the amount of one hundred percent (100%) of the entered 
value of the covered products.
    Commissioner Karpel and Commissioner Schmidtlein would issue both 
an LEO and a CDO directed to defaulting respondent Ningbo pursuant to 
Section 337(g)(1) because all requirements of this provision are met. 
Ningbo was named in the complaint and was served with the complaint and 
notice of investigation. See Order No. 7 (Oct. 6, 2020), unreviewed, 
Comm'n Notice (Oct. 20, 2020). The ALJ issued a show cause order 
ordering Ningbo to show cause why it should not be held in default for 
failing to respond to the

[[Page 12496]]

complaint and notice of investigation. See id. Ningbo did not file a 
response to the show cause order. Id. These findings satisfy 
subsections 337(g)(1)(A)-(D). Complainants requested an LEO and a CDO 
limited to Ningbo thus satisfying subsection 337(g)(1)(E). Given that 
subsections 337(g)(1)(A)-(E) are satisfied and Complainants requested 
these remedies, the statute directs the Commission to issue the 
requested LEO and CDO, subject to consideration of the public interest. 
Commissioner Karpel and Commissioner Schmidtlein find that the public 
interest factors set forth in Section 337(g)(1) do not support a 
finding that these remedies would be contrary to the public interest.
    The investigation is hereby terminated.
    The Commission vote for this determination took place on February 
25, 2021.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainants complete service for any party/
parties without a method of electronic service noted on the attached 
Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    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: February 25, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-04312 Filed 3-2-21; 8:45 am]
BILLING CODE 7020-02-P
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