Certain Foodservice Equipment and Components Thereof; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 58097-58098 [2021-22813]

Download as PDF Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Notices and the land will automatically reopen to appropriation under the public land laws, including the mining laws, at the earliest of the following dates: Upon issuance of a decision by the authorized officer granting, granting with modifications, or denying the application for a right-of-way; without further administrative action at the end of the segregation provided for in the Federal Register notice initiating the segregation; or upon publication of a Federal Register notice terminating the segregation. Upon termination of the segregation of these lands, all lands subject to this segregation would automatically reopen to appropriation under the public land laws, including the mining laws. Authority: 43 CFR 2091.3–1(e) and 43 CFR 2804.25(f). Shonna Dooman, Field Manager—Las Vegas Field Office. 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). Authority: This review is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). This notice is published pursuant to § 207.69 of the Commission’s rules (19 CFR 207.69). By order of the Commission. Issued: October 15, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–22833 Filed 10–19–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [FR Doc. 2021–22781 Filed 10–19–21; 8:45 am] BILLING CODE 4310–HC–P [Investigation No. 337–TA–1166] Certain Foodservice Equipment and Components Thereof; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–298 (Fifth Review)] AGENCY: United States International Trade Commission. ACTION: Notice. SUMMARY: AGENCY: The Commission instituted the subject five-year review on July 1, 2021 (86 FR 35127) to determine whether revocation of the antidumping duty order on porcelain-on-steel cooking ware from China would be likely to lead to continuation or recurrence of material injury. On September 29, 2021, the Department of Commerce issued notice that it was revoking the order effective August 11, 2021, because no domestic interested party filed a timely notice of intent to participate. Accordingly, the subject review is terminated. DATES: August 11, 2021 (effective date of revocation of the order). FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility SUMMARY: lotter on DSK11XQN23PROD with NOTICES1 U.S. International Trade Commission. ACTION: Notice. Porcelain-on-Steel Cooking Ware From China; Termination of Five-Year Review VerDate Sep<11>2014 17:55 Oct 19, 2021 Jkt 256001 Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to affirm in part and take no position in part with respect to the final initial determination’s (‘‘final ID’’) finding that no violation of section 337 has occurred. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3427. 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 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 58097 on July 3, 2019, based on a complaint filed on behalf of Illinois Tool Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong; Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral Craft Equipment Corp. of Westbury, New York (collectively, ‘‘Complainants’’). 84 FR 31911 (Jul. 3, 2019). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation of articles into the United States, or in the sale of such articles by the owner, importer, or consignee of certain foodservice equipment and components thereof by reason of misappropriation of trade secrets and unfair competition through tortious interference with contractual relationships, the threat or effect of which is to destroy or substantially injure a domestic industry. Id. at 31911– 12. The notice of investigation named as respondents Guangzhou Rebenet Catering Equipment Manufacturing Co., Ltd.; Zhou Hao; Aceplus International Limited (aka Ace Plus International Ltd.); Guangzhou Liangsheng Trading Co., Ltd.; and Zeng Zhaoliang, all of China. Id. at 31912. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. Id. On July 9, 2020, Order No. 52 granted a motion for summary determination of no substantial injury to a domestic industry. The Commission determined to review Order No. 52, and on December 14, 2020, reversed the grant of summary determination. On June 4, 2021, the Chief Administrative Law Judge (‘‘CALJ’’) issued the final ID, which found that Respondents did not violate section 337, primarily based on Complainants’ failure to establish a domestic industry. The final ID found that the Commission has in rem jurisdiction over the accused products, subject matter jurisdiction, and personal jurisdiction. ID at 99. The final ID also found that Respondents imported and sold the accused products in the United States. Id. The final ID further found that Respondents have misappropriated certain of Complainants’ trade secrets in the manufacture of certain accused products, but that Complainants have not shown that Respondents tortiously interfered with contractual relationships. Id. The final ID additionally found that Complainants have not shown that the importation and sale of accused products has the threat or effect of destroying or substantially injuring a domestic industry. E:\FR\FM\20OCN1.SGM 20OCN1 lotter on DSK11XQN23PROD with NOTICES1 58098 Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Notices The RD issued on June 10, 2021. The RD recommended that, if the Commission finds a violation of section 337, the Commission should issue a limited exclusion order having various durations for each of the various categories of accused products. RD at 10. The durations of the recommended exclusion orders range from 1–17 months from issuance. Id. at 10–11. The RD further recommended that a cease and desist order would not be necessary. Id. at 12. The RD additionally recommended that a bond of 1% of entered value be imposed during the period of Presidential review. The public interest was not delegated to the CALJ. On June 21, 2021, Complainants, Respondents, and OUII filed petitions for review. On June 29, 2021, the parties filed responses to the petitions. On August 4, 2021, the Commission determined to review in part the final ID and requested briefing from the parties on the issues under review. 86 FR 44054 (Aug. 11, 2021). In particular, the Commission determined to review the following: (1) The final ID’s findings and conclusions as to the existence of a domestic industry and injury to a domestic industry; and (2) the final ID’s findings and conclusions regarding the wrongful taking and use of the Bills of Materials Trade Secrets and the Custom Components and Mold Trade Secrets. Id. at 44054–55. The Commission also sought briefing from the parties, interested government agencies, and any other interested parties on remedy, public interest, and bonding. Id. at 44055. On August 19, 2021, the parties filed their written submissions on the issues under review and on remedy, public interest, and bonding, and on August 26, 2021, the parties filed their reply submissions. Having examined the record of this investigation, including the final ID, the petitions for review, the responses thereto, and the written submissions received in response to the Commission’s request for briefing, the Commission finds that no violation of section 337 has occurred. More specifically, as explained in the accompanying opinion, the Commission affirms with modifications the final ID’s conclusion that Complainants did not satisfy the domestic industry requirement, and takes no position as to the trade secrets issues under review. The Commission therefore finds that the Complainants did not establish that an industry in the United States exists as required by section 337(a)(1)(A)(i) and thus did not establish a substantial VerDate Sep<11>2014 17:55 Oct 19, 2021 Jkt 256001 injury to a domestic industry. The investigation is hereby terminated. The Commission vote for this determination took place on October 14, 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: October 14, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–22813 Filed 10–19–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–660 and 731– TA–1543–1544 (Final)] Utility Scale Wind Towers From India and Malaysia; Scheduling of the Final Phase of Countervailing and Antidumping Duty Investigations United States International Trade Commission. ACTION: Notice. AGENCY: DATES: October 13, 2021. Julie Duffy ((202) 708–2579), 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 investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Effective March 19, 2021, the Commission established a general schedule for the conduct of the final phase of its investigations on utility scale wind towers (‘‘wind towers’’) from India, Malaysia, and Spain (86 FR 20197, April 16, 2021), following preliminary determinations by the U.S. Department of Commerce (‘‘Commerce’’) that imports of subject wind towers from India and Malaysia were subsidized by the governments of India and Malaysia FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 (86 FR 15887, March 25, 2021; and 86 FR 15897, March 25, 2021) and imports of subject wind towers from Spain were being sold in the United States at less than fair value (86 FR 17354, April 2, 2021). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing 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 on April 16, 2021 (86 FR 20197). Counsel for the Wind Tower Trade Coalition withdrew its previously filed request to appear at the hearing, after no other parties submitted a request to appear, and indicated a willingness to submit written responses to any Commission questions in lieu of an actual hearing. Consequently, since no party to the investigation requested a hearing, the Commission canceled its hearing in connection with these investigations (86 FR 31730, June 15, 2021). Parties to these investigations responded to written questions posed by the Commission in their posthearing briefs. The Commission subsequently issued its final determination that an industry in the United States was materially injured by reason of imports of wind towers from Malaysia provided for in subheadings 7308.20.00 and 8502.31.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) that have been found by Commerce to be subsidized by the government of Malaysia (86 FR 41087, July 30, 2021). The Commission subsequently issued its final determination that an industry in the United States was materially injured by reason of imports of wind towers from Spain provided for in subheadings 7308.20.00 and 8502.31.00 of the HTSUS that have been found by Commerce to be sold in the United States at less than fair value (‘‘LTFV’’) (86 FR 44748, August 13, 2021). Commerce recently has issued a final affirmative countervailing duty determination with respect to wind towers from India (86 FR 56896, October 13, 2021) and final affirmative antidumping duty determinations with respect to wind towers from India and Malaysia (86 FR 56890, October 13, 2021; and 86 FR 56894, October 13, 2021). Accordingly, the Commission currently is issuing a supplemental schedule for its countervailing duty investigation on imports of wind towers from India and antidumping duty investigations on imports of wind towers from India and Malaysia. This supplemental schedule is as follows: The deadline for filing E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58097-58098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22813]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1166]


Certain Foodservice Equipment and Components Thereof; Notice of 
Commission Determination Finding No Violation of Section 337; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to affirm in part and take 
no position in part with respect to the final initial determination's 
(``final ID'') finding that no violation of section 337 has occurred. 
The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 July 3, 2019, based on a complaint filed on behalf of Illinois Tool 
Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong; 
Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral 
Craft Equipment Corp. of Westbury, New York (collectively, 
``Complainants''). 84 FR 31911 (Jul. 3, 2019). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, based upon the importation of 
articles into the United States, or in the sale of such articles by the 
owner, importer, or consignee of certain foodservice equipment and 
components thereof by reason of misappropriation of trade secrets and 
unfair competition through tortious interference with contractual 
relationships, the threat or effect of which is to destroy or 
substantially injure a domestic industry. Id. at 31911-12. The notice 
of investigation named as respondents Guangzhou Rebenet Catering 
Equipment Manufacturing Co., Ltd.; Zhou Hao; Aceplus International 
Limited (aka Ace Plus International Ltd.); Guangzhou Liangsheng Trading 
Co., Ltd.; and Zeng Zhaoliang, all of China. Id. at 31912. The Office 
of Unfair Import Investigations (``OUII'') was also named as a party in 
this investigation. Id.
    On July 9, 2020, Order No. 52 granted a motion for summary 
determination of no substantial injury to a domestic industry. The 
Commission determined to review Order No. 52, and on December 14, 2020, 
reversed the grant of summary determination.
    On June 4, 2021, the Chief Administrative Law Judge (``CALJ'') 
issued the final ID, which found that Respondents did not violate 
section 337, primarily based on Complainants' failure to establish a 
domestic industry. The final ID found that the Commission has in rem 
jurisdiction over the accused products, subject matter jurisdiction, 
and personal jurisdiction. ID at 99. The final ID also found that 
Respondents imported and sold the accused products in the United 
States. Id. The final ID further found that Respondents have 
misappropriated certain of Complainants' trade secrets in the 
manufacture of certain accused products, but that Complainants have not 
shown that Respondents tortiously interfered with contractual 
relationships. Id. The final ID additionally found that Complainants 
have not shown that the importation and sale of accused products has 
the threat or effect of destroying or substantially injuring a domestic 
industry.

[[Page 58098]]

    The RD issued on June 10, 2021. The RD recommended that, if the 
Commission finds a violation of section 337, the Commission should 
issue a limited exclusion order having various durations for each of 
the various categories of accused products. RD at 10. The durations of 
the recommended exclusion orders range from 1-17 months from issuance. 
Id. at 10-11. The RD further recommended that a cease and desist order 
would not be necessary. Id. at 12. The RD additionally recommended that 
a bond of 1% of entered value be imposed during the period of 
Presidential review. The public interest was not delegated to the CALJ.
    On June 21, 2021, Complainants, Respondents, and OUII filed 
petitions for review. On June 29, 2021, the parties filed responses to 
the petitions.
    On August 4, 2021, the Commission determined to review in part the 
final ID and requested briefing from the parties on the issues under 
review. 86 FR 44054 (Aug. 11, 2021). In particular, the Commission 
determined to review the following: (1) The final ID's findings and 
conclusions as to the existence of a domestic industry and injury to a 
domestic industry; and (2) the final ID's findings and conclusions 
regarding the wrongful taking and use of the Bills of Materials Trade 
Secrets and the Custom Components and Mold Trade Secrets. Id. at 44054-
55. The Commission also sought briefing from the parties, interested 
government agencies, and any other interested parties on remedy, public 
interest, and bonding. Id. at 44055.
    On August 19, 2021, the parties filed their written submissions on 
the issues under review and on remedy, public interest, and bonding, 
and on August 26, 2021, the parties filed their reply submissions.
    Having examined the record of this investigation, including the 
final ID, the petitions for review, the responses thereto, and the 
written submissions received in response to the Commission's request 
for briefing, the Commission finds that no violation of section 337 has 
occurred. More specifically, as explained in the accompanying opinion, 
the Commission affirms with modifications the final ID's conclusion 
that Complainants did not satisfy the domestic industry requirement, 
and takes no position as to the trade secrets issues under review. The 
Commission therefore finds that the Complainants did not establish that 
an industry in the United States exists as required by section 
337(a)(1)(A)(i) and thus did not establish a substantial injury to a 
domestic industry. The investigation is hereby terminated.
    The Commission vote for this determination took place on October 
14, 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: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-22813 Filed 10-19-21; 8:45 am]
BILLING CODE 7020-02-P