Certain Blowers and Components Thereof; Notice of a Commission Determination To Review an Enforcement Initial Determination and Order No. 36, 9085-9086 [2022-03402]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices Reclamation and Enforcement (OSMRE), are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before March 21, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Please provide a copy of your comments to Mark Gehlhar, Office of Surface Mining Reclamation and Enforcement, 1849 C Street NW, Room 4556–MIB, Washington, DC 20240, or by email to mgehlhar@ osmre.gov. Please reference OMB Control Number 1029–0117 in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Mark Gehlhar by email at mgehlhar@osmre.gov, or by telephone at (202) 208–2716. You may also view the ICR at https://www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. A Federal Register notice with a 60day public comment period soliciting comments on this collection of information was published on September 30, 2021 (86 FR 54235). No comments were received. As part of our continuing effort to reduce paperwork and respondent burdens, we are again soliciting comments from the public and other Federal agencies on the proposed ICR that is described below. We are especially interested in public comment addressing the following: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of VerDate Sep<11>2014 17:23 Feb 16, 2022 Jkt 256001 information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: This collection of information is authorized by Section 507(b) of Public Law 95–87 which provides that persons conducting coal mining activities submit to the regulatory authority all relevant information regarding ownership and control of the mining company, their compliance status and history, and authority to mine the property. This information is used to insure all legal, financial and compliance requirements are satisfied prior to issuance or denial of a permit. Title of Collection: Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information. OMB Control Number: 1029–0117. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Businesses, State and Tribal governments. Total Estimated Number of Annual Respondents: 201. Total Estimated Number of Annual Responses: 1,590. Estimated Completion Time per Response: Varies 1 hour to 9 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 4,481. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: One time. Total Estimated Annual Nonhour Burden Cost: $0. An agency may not conduct or sponsor and a person is not required to PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 9085 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. 2022–03467 Filed 2–16–22; 8:45 am] BILLING CODE 4310–05–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1217] Certain Blowers and Components Thereof; Notice of a Commission Determination To Review an Enforcement Initial Determination and Order No. 36 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety the enforcement initial determination (‘‘EID’’) issued on December 14, 2021, finding no violation of the consent order issued in the abovereferenced section 337 investigation. The Commission has also determined to review Order No. 36, also issued on December 14, 2021. 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 September 8, 2020, the Commission instituted the original, underlying investigation based on a complaint filed by Regal Beloit America, Inc. of Beloit, Wisconsin (‘‘Regal’’ or ‘‘Complainant’’). 85 FR 55491–92 (Sept. 8, 2020). The complaint alleged violations of section 337 of the Tariff Act of 1930, as SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1 lotter on DSK11XQN23PROD with NOTICES1 9086 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain blowers and components thereof by reason of infringement of one or more of claims 1, 2, 7–10, and 15 of U.S. Patent No. 8,079,834 (‘‘the ’834 patent’’). Id. at 55492. The Commission’s notice of investigation named as respondents East West Manufacturing, LLC of Atlanta, Georgia, and East West Industries of Binh Duong, Vietnam (collectively, ‘‘East West’’ or ‘‘Respondents’’). Id. at 55492. The Office of Unfair Import Investigations (‘‘OUII’’) did not participate as a party in the original investigation. Id. On November 12, 2020, the Commission terminated the original investigation with respect to Respondents based upon a consent order stipulation and entry of a consent order. 85 FR 73511 (Nov. 18, 2020). The Consent Order directs East West to ‘‘not sell for importation, import or sell after importation the Subject Articles . . . except under consent or license from Complainant.’’ Consent Order at ¶ 5. The Consent Order defines ‘‘Subject Articles’’ as ‘‘certain blowers and components thereof that infringe claims 1, 2, 7–10, and 15 of the ’834 Patent.’’ Id. at ¶ 3. On January 15, 2021, Regal filed an enforcement complaint at the Commission alleging that East West’s redesigned blower infringes claims 1, 2, 7–10, and 15 of the ’834 patent in violation of the consent order. On February 19, 2021, the Commission instituted a formal enforcement proceeding, pursuant to Commission Rule 210.75(a), to determine whether a violation of the consent order issued in the original investigation has occurred and to determine what, if any, enforcement measures are appropriate. 86 FR 10335 (Feb. 19, 2021). The respondents named in the enforcement proceeding are the same as the respondents named in the original investigation, i.e., East West Manufacturing, LLC of Atlanta, Georgia, and East West Industries of Binh Duong, Vietnam. Id. OUII was named as a party in the enforcement proceeding. Id. On March 1, 2021, East West filed a motion for monetary and other sanctions alleging that Regal and its attorneys tampered with and misrepresented the accused redesigned blower in the enforcement complaint. Regal and OUII filed responses thereto on March 11, 2021, and March 18, 2021, respectively. The presiding Administrative Law Judge (‘‘ALJ’’) further permitted the private parties to VerDate Sep<11>2014 17:23 Feb 16, 2022 Jkt 256001 file replies and sur-replies to the sanctions briefing. EID at 16. On June 29, 2021, the ALJ issued a Markman Order (Order No. 22), styled ‘‘Markman Claim Constructions With Abbreviated Rationales’’ (‘‘Markman Order I’’). On July 13, 2021, the ALJ issued Order No. 23, clarifying Order No. 22. The ALJ held an evidentiary hearing from July 20–23, 2021 and received post-hearing briefs thereafter. On September 22, 2021, the ALJ held a supplemental hearing on the sanctions motion. EID at 18. On October 29, 2021, the ALJ issued Order No. 32 (Markman Order II), providing extensive explanations as to the adopted constructions in Order No. 22. On December 14, 2021, the ALJ issued the subject EID finding no violation of the consent order. The EID found that the parties do not contest personal jurisdiction, and that the Commission has in rem jurisdiction over the accused products. EID at 19–20. The EID noted that the private parties filed a ‘‘Joint Stipulation on Importation and Sales,’’ describing ‘‘the number of units of the Accused or Redesigned Blower that East West imported and sold.’’ Id. at 20. The EID found that Regal failed to show that East West’s redesigned blower infringes asserted claims 1, 2, 7–10, and 15 of the ’834 patent, and thus failed to show a violation of the consent order. See id. at 9–10. The EID states that ‘‘in the event the Commission were to find to the contrary, an imposed civil penalty should be de minimus and not the maximum civil penalty that Regal has proposed.’’ Id. at 10. Specifically, the EID recommends that ‘‘East West disgorge its profits plus an additional one-half of its profits from any sales that violated the Consent Order.’’ Id. at 10– 11. On December 14, 2021, the ALJ also issued Order No. 36 denying East West’s motion for monetary sanctions. The ALJ issued a public warning to Regal, citing the Commission’s sanctions authority under Commission Rule 210.4(c) and (d), 19 CFR 210.4(c), (d), and ordered Regal to correct potentially misleading portions of the enforcement complaint. On January 4, 2022, Regal filed a petition for review of the EID, and Respondents filed a contingent petition for review of the EID and a petition for review of Order No. 36. On January 10, 2022, the parties replied to the petitions for review. Having examined the record of this investigation, including the EID, the petitions for review, and the responses thereto, the Commission has determined to review the EID in its entirety. The PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 Commission has also determined to review Order No. 36. The Commission does not request additional briefing from the parties. The Commission’s vote on this determination took place on February 11, 2022. 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 210). By order of the Commission. Issued: February 11, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–03402 Filed 2–16–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1196] Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same; Commission Decision Not To Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions 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 not to review a final initial determination (‘‘FID’’) of the presiding Administrative Law Judge (‘‘ALJ’’) finding a violation of section 337 by respondents Fast IVF of Scottsdale, Arizona (‘‘Fast IVF’’) and Hermes Ezcanesi of Istanbul, Turkey (collectively, the ‘‘Defaulting Respondents’’). The Commission also requests written submissions from the parties, interested government agencies and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding. 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 EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9085-9086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03402]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1217]


Certain Blowers and Components Thereof; Notice of a Commission 
Determination To Review an Enforcement Initial Determination and Order 
No. 36

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in its entirety the enforcement 
initial determination (``EID'') issued on December 14, 2021, finding no 
violation of the consent order issued in the above-referenced section 
337 investigation. The Commission has also determined to review Order 
No. 36, also issued on December 14, 2021.

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 
[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: On September 8, 2020, the Commission 
instituted the original, underlying investigation based on a complaint 
filed by Regal Beloit America, Inc. of Beloit, Wisconsin (``Regal'' or 
``Complainant''). 85 FR 55491-92 (Sept. 8, 2020). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as

[[Page 9086]]

amended, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, or the sale within the United States after 
importation of certain blowers and components thereof by reason of 
infringement of one or more of claims 1, 2, 7-10, and 15 of U.S. Patent 
No. 8,079,834 (``the '834 patent''). Id. at 55492. The Commission's 
notice of investigation named as respondents East West Manufacturing, 
LLC of Atlanta, Georgia, and East West Industries of Binh Duong, 
Vietnam (collectively, ``East West'' or ``Respondents''). Id. at 55492. 
The Office of Unfair Import Investigations (``OUII'') did not 
participate as a party in the original investigation. Id.
    On November 12, 2020, the Commission terminated the original 
investigation with respect to Respondents based upon a consent order 
stipulation and entry of a consent order. 85 FR 73511 (Nov. 18, 2020). 
The Consent Order directs East West to ``not sell for importation, 
import or sell after importation the Subject Articles . . . except 
under consent or license from Complainant.'' Consent Order at ] 5. The 
Consent Order defines ``Subject Articles'' as ``certain blowers and 
components thereof that infringe claims 1, 2, 7-10, and 15 of the '834 
Patent.'' Id. at ] 3.
    On January 15, 2021, Regal filed an enforcement complaint at the 
Commission alleging that East West's redesigned blower infringes claims 
1, 2, 7-10, and 15 of the '834 patent in violation of the consent 
order. On February 19, 2021, the Commission instituted a formal 
enforcement proceeding, pursuant to Commission Rule 210.75(a), to 
determine whether a violation of the consent order issued in the 
original investigation has occurred and to determine what, if any, 
enforcement measures are appropriate. 86 FR 10335 (Feb. 19, 2021). The 
respondents named in the enforcement proceeding are the same as the 
respondents named in the original investigation, i.e., East West 
Manufacturing, LLC of Atlanta, Georgia, and East West Industries of 
Binh Duong, Vietnam. Id. OUII was named as a party in the enforcement 
proceeding. Id.
    On March 1, 2021, East West filed a motion for monetary and other 
sanctions alleging that Regal and its attorneys tampered with and 
misrepresented the accused redesigned blower in the enforcement 
complaint. Regal and OUII filed responses thereto on March 11, 2021, 
and March 18, 2021, respectively. The presiding Administrative Law 
Judge (``ALJ'') further permitted the private parties to file replies 
and sur-replies to the sanctions briefing. EID at 16.
    On June 29, 2021, the ALJ issued a Markman Order (Order No. 22), 
styled ``Markman Claim Constructions With Abbreviated Rationales'' 
(``Markman Order I''). On July 13, 2021, the ALJ issued Order No. 23, 
clarifying Order No. 22.
    The ALJ held an evidentiary hearing from July 20-23, 2021 and 
received post-hearing briefs thereafter. On September 22, 2021, the ALJ 
held a supplemental hearing on the sanctions motion. EID at 18.
    On October 29, 2021, the ALJ issued Order No. 32 (Markman Order 
II), providing extensive explanations as to the adopted constructions 
in Order No. 22.
    On December 14, 2021, the ALJ issued the subject EID finding no 
violation of the consent order. The EID found that the parties do not 
contest personal jurisdiction, and that the Commission has in rem 
jurisdiction over the accused products. EID at 19-20. The EID noted 
that the private parties filed a ``Joint Stipulation on Importation and 
Sales,'' describing ``the number of units of the Accused or Redesigned 
Blower that East West imported and sold.'' Id. at 20. The EID found 
that Regal failed to show that East West's redesigned blower infringes 
asserted claims 1, 2, 7-10, and 15 of the '834 patent, and thus failed 
to show a violation of the consent order. See id. at 9-10. The EID 
states that ``in the event the Commission were to find to the contrary, 
an imposed civil penalty should be de minimus and not the maximum civil 
penalty that Regal has proposed.'' Id. at 10. Specifically, the EID 
recommends that ``East West disgorge its profits plus an additional 
one-half of its profits from any sales that violated the Consent 
Order.'' Id. at 10-11.
    On December 14, 2021, the ALJ also issued Order No. 36 denying East 
West's motion for monetary sanctions. The ALJ issued a public warning 
to Regal, citing the Commission's sanctions authority under Commission 
Rule 210.4(c) and (d), 19 CFR 210.4(c), (d), and ordered Regal to 
correct potentially misleading portions of the enforcement complaint.
    On January 4, 2022, Regal filed a petition for review of the EID, 
and Respondents filed a contingent petition for review of the EID and a 
petition for review of Order No. 36. On January 10, 2022, the parties 
replied to the petitions for review.
    Having examined the record of this investigation, including the 
EID, the petitions for review, and the responses thereto, the 
Commission has determined to review the EID in its entirety. The 
Commission has also determined to review Order No. 36.
    The Commission does not request additional briefing from the 
parties.
    The Commission's vote on this determination took place on February 
11, 2022.
    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 
210).

    By order of the Commission.

    Issued: February 11, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03402 Filed 2-16-22; 8:45 am]
BILLING CODE 7020-02-P