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]
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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
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email to mgehlhar@osmre.gov. Please
reference OMB Control Number 1029–
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et seq.) and 5 CFR 1320.8(d)(1), we
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estimate of burden accurate; (4) how
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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
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FOR FURTHER INFORMATION CONTACT:
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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.
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Respondents: 27.
Total Estimated Number of Annual
Responses: 171.
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Response: Varies from one hour to 10
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Respondent’s Obligation: Required to
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Frequency of Collection: One time.
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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:
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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
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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.
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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
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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
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[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]
=======================================================================
-----------------------------------------------------------------------
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
