Certain Reclosable Plastic Bags and Tubing; Notice of Commission Decision To Institute a Rescission Proceeding and To Rescind the General Exclusion Order; Termination of the Rescission Proceeding, 60914-60915 [2021-24038]

Download as PDF 60914 Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices State is meeting the requirements of the Act and approved State regulatory program. Title of Collection: State Regulatory Authority: Inspection and Enforcement. OMB Control Number: 1029–0051. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: State governments. Total Estimated Number of Annual Respondents: 24. Total Estimated Number of Annual Responses: 54,515. Estimated Completion Time per Response: Varies from 1.5 hours to 10 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 441,795. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: One time. Total Estimated Annual Nonhour Burden Cost: $625. 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. 2021–24112 Filed 11–3–21; 8:45 am] BILLING CODE 4310–05–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–266 (Rescission)] Certain Reclosable Plastic Bags and Tubing; Notice of Commission Decision To Institute a Rescission Proceeding and To Rescind the General Exclusion Order; Termination of the Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding and to rescind the general exclusion order issued in the underlying investigation. The rescission proceeding is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:57 Nov 03, 2021 Jkt 256001 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. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.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. On April 29, 1987, the Commission instituted this investigation under section 337 of the Tariff Act, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Minigrip, Inc. of Orangeburg, New York (‘‘Complainant’’). See 52 FR 15568–01, 1987 WL 133865 (Apr. 29, 1987). The complaint, as supplemented, alleges unfair methods of competition and unfair acts in the importation into and sale in the United States of certain reclosable plastic bags and tubing (1) manufactured abroad by a process which, if practiced in the United States, would infringe claims 1–5 of the U.S. Patent 3,945,872 (‘‘the ’872 Patent’’); and (2) bearing a color line mark allegedly infringing U.S. Trademark Registration No. 946,120 (‘‘the ’120 Trademark’’). See id. The notice of investigation names twenty (20) respondents, including: C.A.G. Enterprise Pte, Ltd. of Singapore; Chang Won Chemical Co., Ltd. of Seoul, Republic of Korea; Chung Kong Industrial Co., Ltd. of Hong Kong; Euroweld Distributing of Hazlet, New Jersey; Gideons Plastic Industrial Co., Ltd. of Tou Liu, Taiwan; Hogn Ter Product Co., Ltd. of Taipei, Taiwan; Ideal Plastic Industrial Co., Ltd. of Taipei, Taiwan; Insertion Advertising Corp. of New York, New York; Ka Shing Corp. of Mount Vernon, New York; Kwant II of Seoul, Republic of Korea; Lim Tai Chin Pahathet Co. Ltd. of Bangkok, Thailand; Lein Bin Plastics Co., Ltd. of Taipei, Taiwan; Meditech International Co. of Denver, Colorado; Nina Plastic Bags, Inc. of Orlando, Florida; Polycraft Corporation of Pomona, California; Rol-Pak Sdn Bhd, Chin Thye Sdn Bhd of Kuala Lumpur, Malaysia; Siam Import-Export Ltd. of Bangkok, Thailand; Ta Sen Plastic Industrial Co., Ltd. of Taipei, Taiwan; Tech Keung Manufacturing Ltd. of Hong Kong; and Tracon Industries Corp. of Melville, New York. See id. The Office SUPPLEMENTARY INFORMATION: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 of Unfair Import Investigations is also a party to the investigation. See id. On October 8, 1987, the presiding administrative law judge (‘‘ALJ’’) issued an initial determination granting Complainant’s motion to amend the complaint and notice of investigation to add Keron Industrial Co., Ltd. and Daewang International Corp. as respondents. See Order No. 28 (Oct. 8, 1987), unreviewed by, Comm’n Notice (Oct. 29, 1987). The Commission terminated eight (8) respondents based on settlement, namely, Meditech, Polycraft, Chung Kong, Euroweld, Daewang, Keron, Gideons, and Lien Bin. See Order No. 49 (Nov. 25, 1987), unreviewed by, Comm’n Notice (Dec. 29, 1987). The Commission also found all but two (2) respondents (Chang Won and Kwang ll) in default, namely, Hogn Ter, Insertion, Ka Shing, Nina Plastic, Siam Import, Ta Sen, Teck Keung, Tracon, C.A.G., Lim Tai, RolPak, and Ideal. See Order No. 44 (Nov. 19, 1987), unreviewed by, Comm’n Notice (Dec. 21, 1987); Order No. 56 (Dec. 9, 1987), unreviewed by, Comm’n Notice (Jan. 14, 1988); Order No. 59 (Dec. 24, 1987), unreviewed by, Comm’n Notice (Jan. 25, 1988). On January 29, 1988, the ALJ issued his final ID finding a violation of section 337. On March 16, 1988, the Commission determined not to review of the ID. See 53 FR 9495, 1988 WL 264423 (March 23, 1988). On April 29, 1988, the Commission issued a general exclusion order prohibiting the entry into the United States, except under license, of (1) reclosable plastic bags and tubing manufactured according to a process which, if practiced in the United States, would infringe claims 1, 3, 4, or 5 of the ‘872 Patent; and (2) reclosable plastic bags and tubing which infringe the ‘120 Trademark. See Notice of Issuance of Exclusion Order, 0089 WL 1685278, *1 (Apr. 29, 1988). The Commission did not issue cease and desist orders. See id. at *4. The ’872 Patent expired on March 23, 1993, 17 years after its issuance. The ’120 Trademark was cancelled on March 28, 2020. In view of the expiration of the ’872 Patent and the cancellation of the ’120 Trademark, and pursuant to the Commission’s authority under section 337(k)(1), 19 U.S.C. 1337(k)(1), the Commission has determined to institute a rescission proceeding and to rescind the general exclusion order issued in the underlying investigation. The rescission proceeding is terminated. The Commission’s vote on this determination took place on October 29, 2021. E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices 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 29, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–24038 Filed 11–3–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1285] Certain Barcode Scanners, Mobile Computers With Barcode Scanning Capabilities, Scan Engines, and Components Thereof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 29, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Honeywell International Inc. of Charlotte, North Carolina; Hand Held Products, Inc. of Charlotte, North Carolina; and Metrologic Instruments, Inc. of Charlotte, North Carolina. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,568,628 (‘‘the ’628 patent’’); 7,770,799 (‘‘the ’799 patent’’); 8,794,520 (‘‘the ’520 patent’’); 9,576,169 (‘‘the ’169 patent’’); and 10,721,429 (‘‘the ’429 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:57 Nov 03, 2021 Jkt 256001 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 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 at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 29, 2021, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1–5, 9, 11, 13–15, 17–22, 24, 26, 27, 30, 32, 34–39, and 42–46 of the ’628 patent; claims 9–12 and 14–20 of the ’799 patent; claims 1–27 of the ’520 patent; claims 1–3, 5–7, 9–12, 14, 16, and 18 of the ’169 patent; and claims 1, 2, 4–11, 13–18, 20–25, and 27–30 of the ’429 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘barcode scan engines and scanners (such as handheld and stationary scanners), mobile computers with barcode scanning capabilities (such as handheld, tablet, and wearable computers), and components thereof (such as circuit boards with barcode scanning capabilities)’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: PO 00000 Frm 00125 Fmt 4703 Sfmt 9990 60915 (a) The complainant is: Honeywell International Inc., 855 S Mint Street, Charlotte, NC 28202 Hand Held Products, Inc., 855 S Mint Street, Charlotte, NC 28202 Metrologic Instruments, Inc., 855 S Mint Street, Charlotte, NC 28202 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Zebra Technologies Corporation, 3 Overlook Point, Lincolnshire, IL 60069 Symbol Technologies, Inc., 1 Zebra Plaza, Holtsville, NY 11742 (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party to this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: October 29, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–24037 Filed 11–3–21; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60914-60915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24038]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-266 (Rescission)]


Certain Reclosable Plastic Bags and Tubing; Notice of Commission 
Decision To Institute a Rescission Proceeding and To Rescind the 
General Exclusion Order; Termination of the Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a rescission proceeding and to 
rescind the general exclusion order issued in the underlying 
investigation. The rescission proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.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 April 29, 1987, the Commission instituted 
this investigation under section 337 of the Tariff Act, 19 U.S.C. 1337 
(``section 337''), based on a complaint filed by Minigrip, Inc. of 
Orangeburg, New York (``Complainant''). See 52 FR 15568-01, 1987 WL 
133865 (Apr. 29, 1987). The complaint, as supplemented, alleges unfair 
methods of competition and unfair acts in the importation into and sale 
in the United States of certain reclosable plastic bags and tubing (1) 
manufactured abroad by a process which, if practiced in the United 
States, would infringe claims 1-5 of the U.S. Patent 3,945,872 (``the 
'872 Patent''); and (2) bearing a color line mark allegedly infringing 
U.S. Trademark Registration No. 946,120 (``the '120 Trademark''). See 
id. The notice of investigation names twenty (20) respondents, 
including: C.A.G. Enterprise Pte, Ltd. of Singapore; Chang Won Chemical 
Co., Ltd. of Seoul, Republic of Korea; Chung Kong Industrial Co., Ltd. 
of Hong Kong; Euroweld Distributing of Hazlet, New Jersey; Gideons 
Plastic Industrial Co., Ltd. of Tou Liu, Taiwan; Hogn Ter Product Co., 
Ltd. of Taipei, Taiwan; Ideal Plastic Industrial Co., Ltd. of Taipei, 
Taiwan; Insertion Advertising Corp. of New York, New York; Ka Shing 
Corp. of Mount Vernon, New York; Kwant II of Seoul, Republic of Korea; 
Lim Tai Chin Pahathet Co. Ltd. of Bangkok, Thailand; Lein Bin Plastics 
Co., Ltd. of Taipei, Taiwan; Meditech International Co. of Denver, 
Colorado; Nina Plastic Bags, Inc. of Orlando, Florida; Polycraft 
Corporation of Pomona, California; Rol-Pak Sdn Bhd, Chin Thye Sdn Bhd 
of Kuala Lumpur, Malaysia; Siam Import-Export Ltd. of Bangkok, 
Thailand; Ta Sen Plastic Industrial Co., Ltd. of Taipei, Taiwan; Tech 
Keung Manufacturing Ltd. of Hong Kong; and Tracon Industries Corp. of 
Melville, New York. See id. The Office of Unfair Import Investigations 
is also a party to the investigation. See id.
    On October 8, 1987, the presiding administrative law judge 
(``ALJ'') issued an initial determination granting Complainant's motion 
to amend the complaint and notice of investigation to add Keron 
Industrial Co., Ltd. and Daewang International Corp. as respondents. 
See Order No. 28 (Oct. 8, 1987), unreviewed by, Comm'n Notice (Oct. 29, 
1987).
    The Commission terminated eight (8) respondents based on 
settlement, namely, Meditech, Polycraft, Chung Kong, Euroweld, Daewang, 
Keron, Gideons, and Lien Bin. See Order No. 49 (Nov. 25, 1987), 
unreviewed by, Comm'n Notice (Dec. 29, 1987). The Commission also found 
all but two (2) respondents (Chang Won and Kwang ll) in default, 
namely, Hogn Ter, Insertion, Ka Shing, Nina Plastic, Siam Import, Ta 
Sen, Teck Keung, Tracon, C.A.G., Lim Tai, Rol-Pak, and Ideal. See Order 
No. 44 (Nov. 19, 1987), unreviewed by, Comm'n Notice (Dec. 21, 1987); 
Order No. 56 (Dec. 9, 1987), unreviewed by, Comm'n Notice (Jan. 14, 
1988); Order No. 59 (Dec. 24, 1987), unreviewed by, Comm'n Notice (Jan. 
25, 1988).
    On January 29, 1988, the ALJ issued his final ID finding a 
violation of section 337. On March 16, 1988, the Commission determined 
not to review of the ID. See 53 FR 9495, 1988 WL 264423 (March 23, 
1988). On April 29, 1988, the Commission issued a general exclusion 
order prohibiting the entry into the United States, except under 
license, of (1) reclosable plastic bags and tubing manufactured 
according to a process which, if practiced in the United States, would 
infringe claims 1, 3, 4, or 5 of the `872 Patent; and (2) reclosable 
plastic bags and tubing which infringe the `120 Trademark. See Notice 
of Issuance of Exclusion Order, 0089 WL 1685278, *1 (Apr. 29, 1988). 
The Commission did not issue cease and desist orders. See id. at *4.
    The '872 Patent expired on March 23, 1993, 17 years after its 
issuance. The '120 Trademark was cancelled on March 28, 2020.
    In view of the expiration of the '872 Patent and the cancellation 
of the '120 Trademark, and pursuant to the Commission's authority under 
section 337(k)(1), 19 U.S.C. 1337(k)(1), the Commission has determined 
to institute a rescission proceeding and to rescind the general 
exclusion order issued in the underlying investigation. The rescission 
proceeding is terminated.
    The Commission's vote on this determination took place on October 
29, 2021.

[[Page 60915]]

    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 29, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-24038 Filed 11-3-21; 8:45 am]
BILLING CODE 7020-02-P
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