Certain Portable Battery Jump Starters and Components Thereof; Commission Determination Not To Review Two Initial Determinations Granting Complainant's Motion To Amend the Complaint and Notice of Investigation and Joint Motions Terminating the Investigation as to Several Respondents Based on Settlement, 27650-27651 [2021-10767]

Download as PDF 27650 Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices Background On March 31, 2021, the Organic Soybean Processors of America, Washington, DC, American Natural Processors, LLC, Dakota Dunes, South Dakota, Lester Feed & Grain Co., Lester, Iowa, Organic Production Services, LLC, Weldon, North Carolina, Professional Proteins Ltd., Washington, Iowa, Sheppard Grain Enterprises, LLC, Phelps, New York, Simmons Grain Co., Salem, Ohio, Super Soy, LLC, Brodhead, Wisconsin, and Tri-State Crush, Syracuse, Indiana filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized and LTFV imports of organic soybean meal from India.3 Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 8, 2021 (86 FR 18296). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its conference through written testimony and video conference on April 21, 2021. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on May 17, 2021. The views of the Commission are contained in USITC Publication 5198 (May 2021), entitled Organic Soybean Meal from India: Investigation Nos.731–TA–667 and 731–TA–1559 (Preliminary). By order of the Commission. Issued: May 17, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10728 Filed 5–20–21; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7020–02–P 3 On April 6, 2021, Lester Feed & Grain Co. voluntarily withdrew its status as a petitioner. VerDate Sep<11>2014 17:15 May 20, 2021 Jkt 253001 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–528–529 and 731–TA–1264–1268 (Review)] Certain Uncoated Paper From Australia, Brazil, China, Indonesia, and Portugal; Notice of Commission Determination To Conduct Full FiveYear Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty orders on certain uncoated paper from China and Indonesia and the antidumping duty orders on certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. DATES: May 7, 2021. FOR FURTHER INFORMATION CONTACT: Ahdia Bavari (202–205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired 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. 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 through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). SUPPLEMENTARY INFORMATION: On May 7, 2021, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). The Commission found that both the domestic and respondent interested party group responses to its notice of institution (86 FR 7734, February 1, 2021) were SUMMARY: PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 adequate. A record of the Commissioners’ votes will be available from the Office of the Secretary and at the Commission’s website. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.62 of the Commission’s rules. By order of the Commission. Issued: May 18, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10766 Filed 5–20–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1256] Certain Portable Battery Jump Starters and Components Thereof; Commission Determination Not To Review Two Initial Determinations Granting Complainant’s Motion To Amend the Complaint and Notice of Investigation and Joint Motions Terminating the Investigation as to Several Respondents Based on Settlement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review: (1) An initial determination (‘‘ID’’) (Order No. 13) of the presiding administrative law judge (‘‘ALJ’’) granting complainant’s unopposed motion to amend the complaint and notice of investigation (‘‘NOI’’) to substitute certain corporate entities named as respondents; to add two respondents; and to withdraw certain infringement allegations; and (2) an ID (Order No. 14) granting an unopposed joint motion to terminate the investigation as to respondent Lowe’s Companies, Inc. and proposed new respondent Lowe’s Home Centers, LLC (collectively, ‘‘Lowe’s’’), both of Mooresville, North Carolina based on settlement; and an unopposed joint motion to terminate the investigation as to respondent O’Reilly Automotive, Inc. and proposed new respondents Ozark Purchasing, LLC; O’Reilly Automotive Stores, Inc.; and O’Reilly Auto Enterprises, LLC (collectively, ‘‘O’Reilly’’), all of Springfield, Missouri based on settlement. Respondents Lowe’s and O’Reilly are terminated from the investigation. SUMMARY: E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. 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. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on March 23, 2021, based on a complaint filed by The NOCO Company (‘‘NOCO’’) of Glenwillow, Ohio. 86 FR 15496–98 (Mar. 23, 2021). The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable battery jump starters and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 9,007,015 and 10,604,024 (‘‘the ’024 patent’’), and U.S. Trademark Registration Nos. 4,811,656 and 4,811,749. The complaint further alleges the existence of a domestic industry. The Commission’s NOI named forty-four (44) respondents, including: Lowe’s Companies, Inc.; O’Reilly Automotive, Inc.; Halo2Cloud, LLC of Hartford, Connecticut, QVC, Inc. of Chester, Pennsylvania, and Zagg Co. Rrd Gst of Plainfield, Indiana (collectively, ‘‘HALO’’); Anker Technology (UK) Ltd. of Birmingham, United Kingdom; Shenzhen Dingjiang Technology Co., Ltd. and Shenzhen Topdon Technology Co., Ltd. (collectively ‘‘Shenzhen’’), both of Shenzhen, China; and Winplus North America, Inc. of Costa Mesa, California. The Office of Unfair Import Investigations is participating in the investigation. On April 21, 2021, NOCO moved to amend the complaint and NOI as follows: (1) Substitute Lowe’s Home Centers, LLC, for presently named respondent Lowe’s Companies, Inc.; (2) substitute O’Reilly Automotive Stores, Inc., O’Reilly Auto Enterprises, LLC, and Ozark Purchasing, LLC for presently named respondent O’Reilly Automotive, Inc.; (3) substitute Anker Innovations VerDate Sep<11>2014 17:15 May 20, 2021 Jkt 253001 Ltd. (HK) of Birmingham, United Kingdom for presently named respondent Anker Technology (UK) Ltd.; (4) substitute ZAGG Inc. of Midvale, Utah for presently named respondent Zagg Co. Rrd Gst; (5) substitute Shenzhen Dingjiang Technology Co., Ltd. (d/b/a Shenzhen Topdon Technology Co., Ltd. and Topdon Technology Co., Ltd.) of Shenzhen, China for presently named respondents Shenzhen; and (6) add additional respondents ADC Solutions Auto, LLC d/b/a Type-S and Winplus NA, LLC, both of Costa Mesa, California, which are related to presently named respondent Winplus North America, Inc. NOCO also moved to withdraw infringement allegations as to HALO’s accused products with respect to the ’024 patent and correct certain typographical and clerical errors. On April 22, 2021, NOCO and Lowe’s jointly moved to terminate the investigation as to Lowe’s based on a settlement agreement between NOCO and Lowe’s that resolves all issues between these parties. On the same date, NOCO and O’Reilly jointly moved to terminate the investigation as to O’Reilly based on a settlement agreement between NOCO and O’Reilly that resolves all issues between these parties. Both motions were unopposed. On April 23, 2021, the ALJ issued the subject IDs. Order No. 13 grants NOCO’s unopposed motion to amend the complaint and notice of investigation as described above. The ID finds that the motion satisfies Commission Rule 210.14(b) (19 CFR 210.14(b)) because good cause exists to amend the complaint and NOI as detailed in NOCO’s motion. Order No. 14 grants the unopposed joint motions to terminate the investigation as to Lowe’s and O’Reilly based on settlement. The IDs find that the joint motions satisfy the requirements of Commission Rule 210.21(b) (19 CFR 210.21(b)) and that terminating the investigation as to Lowe’s and O’Reilly is not contrary to the public interest. No party petitioned for review of either ID. The Commission has determined not to review the subject IDs. The complaint and NOI are amended as detailed in NOCO’s motion. In addition, Lowe’s and O’Reilly are terminated from the investigation. The Commission vote for this determination took place on May 17, 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 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 27651 Practice and Procedure, 19 CFR part 210. By order of the Commission. Issued: May 18, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10767 Filed 5–20–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1170] Certain Mobile Devices With Multifunction Emulators; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding no Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the Administrative Law Judge’s (‘‘ALJ’’) final initial determination (‘‘ID’’) issued on March 16, 2021, finding no violation of section 337 in the above-referenced investigation. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice, and submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3042. 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: On August 16, the Commission instituted this investigation based on a complaint filed by Dynamics Inc. (‘‘Dynamics’’) of SUMMARY: E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27650-27651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10767]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1256]


Certain Portable Battery Jump Starters and Components Thereof; 
Commission Determination Not To Review Two Initial Determinations 
Granting Complainant's Motion To Amend the Complaint and Notice of 
Investigation and Joint Motions Terminating the Investigation as to 
Several Respondents Based on Settlement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review: (1) An initial determination 
(``ID'') (Order No. 13) of the presiding administrative law judge 
(``ALJ'') granting complainant's unopposed motion to amend the 
complaint and notice of investigation (``NOI'') to substitute certain 
corporate entities named as respondents; to add two respondents; and to 
withdraw certain infringement allegations; and (2) an ID (Order No. 14) 
granting an unopposed joint motion to terminate the investigation as to 
respondent Lowe's Companies, Inc. and proposed new respondent Lowe's 
Home Centers, LLC (collectively, ``Lowe's''), both of Mooresville, 
North Carolina based on settlement; and an unopposed joint motion to 
terminate the investigation as to respondent O'Reilly Automotive, Inc. 
and proposed new respondents Ozark Purchasing, LLC; O'Reilly Automotive 
Stores, Inc.; and O'Reilly Auto Enterprises, LLC (collectively, 
``O'Reilly''), all of Springfield, Missouri based on settlement. 
Respondents Lowe's and O'Reilly are terminated from the investigation.

[[Page 27651]]


FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 March 23, 2021, based on a complaint filed by The NOCO Company 
(``NOCO'') of Glenwillow, Ohio. 86 FR 15496-98 (Mar. 23, 2021). The 
complaint, as amended and supplemented, alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain portable 
battery jump starters and components thereof by reason of infringement 
of certain claims of U.S. Patent Nos. 9,007,015 and 10,604,024 (``the 
'024 patent''), and U.S. Trademark Registration Nos. 4,811,656 and 
4,811,749. The complaint further alleges the existence of a domestic 
industry. The Commission's NOI named forty-four (44) respondents, 
including: Lowe's Companies, Inc.; O'Reilly Automotive, Inc.; 
Halo2Cloud, LLC of Hartford, Connecticut, QVC, Inc. of Chester, 
Pennsylvania, and Zagg Co. Rrd Gst of Plainfield, Indiana 
(collectively, ``HALO''); Anker Technology (UK) Ltd. of Birmingham, 
United Kingdom; Shenzhen Dingjiang Technology Co., Ltd. and Shenzhen 
Topdon Technology Co., Ltd. (collectively ``Shenzhen''), both of 
Shenzhen, China; and Winplus North America, Inc. of Costa Mesa, 
California. The Office of Unfair Import Investigations is participating 
in the investigation.
    On April 21, 2021, NOCO moved to amend the complaint and NOI as 
follows: (1) Substitute Lowe's Home Centers, LLC, for presently named 
respondent Lowe's Companies, Inc.; (2) substitute O'Reilly Automotive 
Stores, Inc., O'Reilly Auto Enterprises, LLC, and Ozark Purchasing, LLC 
for presently named respondent O'Reilly Automotive, Inc.; (3) 
substitute Anker Innovations Ltd. (HK) of Birmingham, United Kingdom 
for presently named respondent Anker Technology (UK) Ltd.; (4) 
substitute ZAGG Inc. of Midvale, Utah for presently named respondent 
Zagg Co. Rrd Gst; (5) substitute Shenzhen Dingjiang Technology Co., 
Ltd. (d/b/a Shenzhen Topdon Technology Co., Ltd. and Topdon Technology 
Co., Ltd.) of Shenzhen, China for presently named respondents Shenzhen; 
and (6) add additional respondents ADC Solutions Auto, LLC d/b/a Type-S 
and Winplus NA, LLC, both of Costa Mesa, California, which are related 
to presently named respondent Winplus North America, Inc. NOCO also 
moved to withdraw infringement allegations as to HALO's accused 
products with respect to the '024 patent and correct certain 
typographical and clerical errors.
    On April 22, 2021, NOCO and Lowe's jointly moved to terminate the 
investigation as to Lowe's based on a settlement agreement between NOCO 
and Lowe's that resolves all issues between these parties. On the same 
date, NOCO and O'Reilly jointly moved to terminate the investigation as 
to O'Reilly based on a settlement agreement between NOCO and O'Reilly 
that resolves all issues between these parties. Both motions were 
unopposed.
    On April 23, 2021, the ALJ issued the subject IDs. Order No. 13 
grants NOCO's unopposed motion to amend the complaint and notice of 
investigation as described above. The ID finds that the motion 
satisfies Commission Rule 210.14(b) (19 CFR 210.14(b)) because good 
cause exists to amend the complaint and NOI as detailed in NOCO's 
motion. Order No. 14 grants the unopposed joint motions to terminate 
the investigation as to Lowe's and O'Reilly based on settlement. The 
IDs find that the joint motions satisfy the requirements of Commission 
Rule 210.21(b) (19 CFR 210.21(b)) and that terminating the 
investigation as to Lowe's and O'Reilly is not contrary to the public 
interest. No party petitioned for review of either ID.
    The Commission has determined not to review the subject IDs. The 
complaint and NOI are amended as detailed in NOCO's motion. In 
addition, Lowe's and O'Reilly are terminated from the investigation.
    The Commission vote for this determination took place on May 17, 
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: May 18, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10767 Filed 5-20-21; 8:45 am]
BILLING CODE 7020-02-P