Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials; Notice of a Commission Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of the Investigation, 15699-15700 [2021-06016]

Download as PDF Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices by mail to Mark Gehlhar, Office of Surface Mining Reclamation and Enforcement, 1849 C Street NW, Room 4556–MIB, Washington, DC 20240, or by email to mgehlhar@osmre.gov. Please reference OMB Control Number 1029– 0059 in the subject line of your comments. To request additional information about this ICR, contact Mark Gehlhar by email at mgehlhar@osmre.gov, or by telephone at 202–208–2716. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the agency; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the OSMRE enhance the quality, utility, and clarity of the information to be collected; and (5) how might the OSMRE minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: State and Tribal reclamation and regulatory authorities are requested to provide specific budget and program information as part of the grant application and reporting processes authorized by the Surface Mining khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq. Title of Collection: Grants to States and Tribes. OMB Control Number: 1029–0059. Form Number: OSM–47, OSM–49, and OSM–51. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: State and Tribal governments. Total Estimated Number of Annual Respondents: 27. Total Estimated Number of Annual Responses: 171. Estimated Completion Time per Response: Varies from one hour to 10 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 741. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: One time. Total Estimated Annual Nonhour Burden Cost: $0. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Mark J. Gehlhar, Information Collection Clearance Officer, Division of Regulatory Support. [FR Doc. 2021–06074 Filed 3–23–21; 8:45 am] BILLING CODE 4310–05–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1184] Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials; Notice of a Commission Determination of Violation of Section 337; 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 that there is a violation of section 337 of the Tariff Act of 1930, as amended, in the abovecaptioned investigation. The Commission has issued a general exclusion order (‘‘GEO’’) barring entry of certain shaker screens and components thereof that infringe certain claims of three patents asserted in this investigation. The investigation is terminated. SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 15699 FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. 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 8,925,735 (‘‘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 (Mar. 5, 2020). Thereafter, and after the termination of the other remaining respondents by consent order, see Order No. 8, unreviewed, Notice (Feb. 6, 2020); Order No. 14, unreviewed, Notice (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 (Sept. 24, 2020). The patent claims remaining in the E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15700 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices investigation are claims 1 and 12 of the ’582 patent; claim 1 of the ’649 patent; and claims 1, 12, and 17 of the ’735 patent. 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. On January 4, 2021, the Commission 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). Notice (Jan. 4, 2021). The Commission also sought briefing on remedy, bonding, and the public interest. M–I filed a submission in response on January 19, 2021 and filed a corrected version of that response on January 22, 2021. OUII filed a submission in response on January 19, 2021 and filed a reply submission on January 26, 2021. No submissions were received from the public. Having reviewed the written submissions and the evidentiary record, the Commission has determined to affirm the ID’s finding that M–I satisfied the economic prong of the domestic industry requirement on the basis that M–I made significant investments in plant and equipment and significant employment of labor under section 337(a)(3)(A) & (B), 19 U.S.C. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 1337(a)(3)(A) & (B), but to vacate the ID’s value-added analysis (ID at 65–66). The Commission has determined that the appropriate remedy in this investigation is a GEO prohibiting the unlicensed importation of certain shaker screens for drilling fluids and components thereof that infringe claims 1 and 12 of the ’582 patent; claim 1 of the ’649 patent; and claims 1, 12, and 17 of the ’735 patent. The Commission has further determined that the public interest factors enumerated in section 337(d), 19 U.S.C. 1337(d), do not preclude issuance of the GEO. Finally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value of the imported articles that are subject to the GEO is required to permit temporary importation of the articles in question during the period of Presidential review, 19 U.S.C. 1337(j). The investigation is hereby terminated in its entirety. The Commission’s order and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury and Customs and Border Protection of the order. The Commission vote for these determinations took place on March 18, 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). 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 Complainant(s) 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). By order of the Commission. Issued: March 18, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–06016 Filed 3–23–21; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Antitrust Division United States v. Anheuser-Busch InBev SA/NV, et al.; Response to Public Comments Pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), the United States hereby publishes below the Response to Public Comments on the Proposed Final Judgment in United States v. Anheuser-Busch InBev SA/NV, et al., Civil Action No. 4:20–cv– 01282–SRC, which was filed in the United States District Court for the Eastern District of Missouri on March 17, 2021, together with a copy of the two comments received by the United States. A copy of the comments and the United States’ response to the comments is available at https://www.justice.gov/ atr/case/us-v-anheuser-busch-inbevsanv-et-al. Copies of the comments and the United States’ response are available for inspection at the Office of the Clerk of the United States District Court for the Eastern District of Missouri. Copies of these materials may also be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. United States District Court for the Eastern District of Missouri Eastern Division United States of America, Plaintiff, v. Anheuser-Busch INBEV SA/NV, AnheuserBusch Companies, LLC, and Craft Brew Alliance, Inc., Defendants. Civil Action No.: 4:20–cv–01282–SRC Response of Plaintiff United States to Public Comments on the Proposed Final Judgment Pursuant to the requirements of the Antitrust Procedures and Penalties Act (the ‘‘APPA’’ or ‘‘Tunney Act’’), 15 U.S.C. 16(b)–(h), the United States hereby responds to the two public comments received regarding the proposed Final Judgment in this case. After careful consideration of the submitted comments, the United States continues to believe that the divestiture required by the proposed Final Judgment provides an effective and appropriate remedy for the antitrust violation alleged in the Complaint and is therefore in the public interest. The United States will move the Court for entry of the proposed Final Judgment after the public comments and this E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15699-15700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06016]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1184]


Certain Shaker Screens for Drilling Fluids, Components Thereof, 
and Related Marketing Materials; Notice of a Commission Determination 
of Violation of Section 337; 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 that there is a violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The Commission has issued a general exclusion order 
(``GEO'') barring entry of certain shaker screens and components 
thereof that infringe certain claims of three patents asserted in this 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 8,925,735 
(``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 (Mar. 5, 2020). 
Thereafter, and after the termination of the other remaining 
respondents by consent order, see Order No. 8, unreviewed, Notice (Feb. 
6, 2020); Order No. 14, unreviewed, Notice (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 (Sept. 24, 2020). The patent claims 
remaining in the

[[Page 15700]]

investigation are claims 1 and 12 of the '582 patent; claim 1 of the 
'649 patent; and claims 1, 12, and 17 of the '735 patent.
    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.
    On January 4, 2021, the Commission 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). Notice (Jan. 4, 2021). The Commission also sought 
briefing on remedy, bonding, and the public interest. M-I filed a 
submission in response on January 19, 2021 and filed a corrected 
version of that response on January 22, 2021. OUII filed a submission 
in response on January 19, 2021 and filed a reply submission on January 
26, 2021. No submissions were received from the public.
    Having reviewed the written submissions and the evidentiary record, 
the Commission has determined to affirm the ID's finding that M-I 
satisfied the economic prong of the domestic industry requirement on 
the basis that M-I made significant investments in plant and equipment 
and significant employment of labor under section 337(a)(3)(A) & (B), 
19 U.S.C. 1337(a)(3)(A) & (B), but to vacate the ID's value-added 
analysis (ID at 65-66).
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed importation of 
certain shaker screens for drilling fluids and components thereof that 
infringe claims 1 and 12 of the '582 patent; claim 1 of the '649 
patent; and claims 1, 12, and 17 of the '735 patent. The Commission has 
further determined that the public interest factors enumerated in 
section 337(d), 19 U.S.C. 1337(d), do not preclude issuance of the GEO. 
Finally, the Commission has determined that a bond in the amount of one 
hundred (100) percent of the entered value of the imported articles 
that are subject to the GEO is required to permit temporary importation 
of the articles in question during the period of Presidential review, 
19 U.S.C. 1337(j). The investigation is hereby terminated in its 
entirety.
    The Commission's order and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance. The Commission has also notified the Secretary of the 
Treasury and Customs and Border Protection of the order.
    The Commission vote for these determinations took place on March 
18, 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).
    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 Complainant(s) 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).

    By order of the Commission.

    Issued: March 18, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-06016 Filed 3-23-21; 8:45 am]
BILLING CODE 7020-02-P