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]
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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]
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BILLING CODE 7020–02–P
3 On April 6, 2021, Lester Feed & Grain Co.
voluntarily withdrew its status as a petitioner.
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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:
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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:
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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices
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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
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17:15 May 20, 2021
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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
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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:
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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]
-----------------------------------------------------------------------
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