Certain Electric Shavers and Components and Accessories Thereof Commission Decision Finding a Violation of Section 337; Issuing a General Exclusion Order and Cease and Desist Orders; Terminating the Investigation, 16495-16496 [2022-06122]
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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
is responsible for notifying The Tribes
that this notice has been published.
INTERNATIONAL TRADE
COMMISSION
Dated: March 17, 2022.
Melanie O’Brien,
Manager, National NAGPRA Program.
[Investigation No. 337–TA–1230]
Certain Electric Shavers and
Components and Accessories Thereof
Commission Decision Finding a
Violation of Section 337; Issuing a
General Exclusion Order and Cease
and Desist Orders; Terminating the
Investigation
[FR Doc. 2022–06129 Filed 3–22–22; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
[Investigation Nos. 701–TA–539 and 731–
TA–1280–1282 (Review)]
Determination
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
countervailing duty order on heavy
walled rectangular welded carbon steel
pipes and tubes from Turkey and the
antidumping duty orders on heavy
walled rectangular welded carbon steel
pipes and tubes from Korea, Mexico,
and Turkey would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.
Background
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The Commission instituted these
reviews on August 2, 2021 (86 FR
41511) and determined on November 5,
2021 that it would conduct expedited
reviews (87 FR 7498, February 9, 2022).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on March 17, 2022. The
views of the Commission are contained
in USITC Publication 5297 (March
2022), entitled Heavy Walled
Rectangular Welded Carbon Steel Pipes
and Tubes from Korea, Mexico, and
Turkey: Investigation Nos. 701–TA–539
and 731–TA–1280–1282 (Review).
By order of the Commission.
Issued: March 17, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–06123 Filed 3–22–22; 8:45 am]
BILLING CODE 7020–02–P
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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20:07 Mar 22, 2022
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Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to affirm the presiding
administrative law judge (‘‘ALJ’s’’)
initial determination (‘‘ID’’) (Order No.
33) finding a violation of section 337 of
the Tariff Act of 1930, as amended, in
this investigation and has issued a
general exclusion order and cease and
desist orders prohibiting the
importation of certain electric shavers
and components and accessories
thereof. The investigation is hereby
terminated.
SUMMARY:
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
Korea, Mexico, and Turkey
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. 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: On
November 18, 2020, the Commission
instituted this investigation based on a
complaint filed by Complainant Skull
Shaver (‘‘Skull Shaver’’) of Moorestown,
New Jersey. 85 FR 73510–11 (Nov. 18,
2020). The complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, based on
the importation into the United States,
the sale for importation, or the sale
within the United States after
importation of certain electric shavers
and components and accessories thereof
by reason of infringement of certain
claims of U.S. Patent Nos. 8,726,528
(‘‘the ’528 patent’’) and D672,504 (‘‘the
PO 00000
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16495
’504 design patent’’). Id. The
Commission’s notice of investigation
named the following eleven entities as
respondents: Rayenbarny Inc.
(‘‘Rayenbarny’’) of New York, New
York; Bald Shaver Inc. (‘‘Bald Shaver’’)
of Toronto, Canada; Suzhou Kaidiya
Garments Trading Co., Ltd. (‘‘Suzhou’’)
d.b.a. ‘‘Digimator’’ of Suzhou, China;
Shenzhen Aiweilai Trading Co., Ltd.
(‘‘Aiweilei’’) d.b.a. ‘‘Teamyo’’ of
Shenzhen, China; Wenzhou Wending
Electric Appliance Co., Ltd. of Yueqing
City, China; Shenzhen Nukun
Technology Co., Ltd. (‘‘Nukun’’) d.b.a.
‘‘OriHea’’ of Shenzhen, China; Yiwu
Xingye Network Technology Co. Ltd.
(‘‘Yiwu Xingye’’) d.b.a. ‘‘Roziapro’’ of
Yiwu, China; Magicfly LLC (‘‘Magicfly’’)
of Hong Kong; Yiwu City Qiaoyu
Trading Co., Ltd. (‘‘Yiwu City’’) of
Yiwu, China; Shenzhen Wantong
Information Technology Co., Ltd.
(‘‘Wantong’’) d.b.a. ‘‘WTONG’’ of
Shenzhen, China; and Shenzhen
Junmao International Technology Co.,
Ltd. (‘‘Junmao’’) d.b.a. ‘‘Homeas’’ of
Shenzhen, China. The notice of
investigation also named the Office of
Unfair Import Investigations (‘‘OUII’’) as
a party. Id.
The Commission terminated
Rayenbarny from the investigation
because its accused product was
actually imported by Benepuri LLC
(‘‘Benepuri’’) of Menands, New York;
the Commission allowed Benepuri to
intervene as a respondent. Notice, 85 FR
82514, 82515 (Dec. 18, 2020). The
Commission later granted Skull Shaver’s
motion to amend the Complaint and the
notice of investigation to correct the
name of Wenzhou Wending Electric
Appliance Co., Ltd. d.b.a. ‘‘Paitree’’ as
Wenzhou Wending Electric Appliance
Co., Ltd. (‘‘Wenzhou’’), and to correct
the addresses of several respondents.
Notice, 86 FR 14645, 14645 (Mar. 17,
2021). The Commission terminated
Magicfly from the investigation on the
basis of settlement. Notice at 2 (May 19,
2021). The Commission terminated
Nukun and Benepuri from the
investigation on the basis of withdrawal
of the complaint. Notice at 2 (June 21,
2021) (Nukun); Notice at 2 (Oct. 28,
2021) (Benepuri). All of the remaining
respondents (i.e., all respondents other
than Magicfly, Nukun, Benepuri and
Rayenbarny) defaulted. See Notice at 3
(May 21, 2021) (seven defaulting
respondents); Notice at 2 (Dec. 9, 2021)
(Bald Shaver defaulting). Taken
together, the eight defaulting
respondents are: Suzhou; Yiwu City;
Wenzhou; Aiweilai; Junmao; Wantong;
Yiwu Xingye; and Bald Shaver.
On May 26, 2021, Skull Shaver filed
a motion for summary determination of
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16496
Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
violation of section 337 by the eight
defaulting respondents and for a
recommendation that the Commission
issue a general exclusion order (‘‘GEO’’)
and cease and desist orders (‘‘CDOs’’).
See Complainants’ Motion for Summary
Determination of Violation and for
Recommended Determination on
Remedy and Bonding. Skull Shaver
accused Yiwu Xingye and Yiwu City of
infringing claims 1–3 of the ’528 patent
and the claim of the ’504 design patent.
Id. at 5. It accused the other respondents
of infringing only claim 1 of the ’528
patent. Id. On June 7, 2021, OUII filed
a response in support of Skull Shaver’s
motion. See Commission Investigative
Staff’s Response to Skull Shaver’s
Motion for Summary Determination of
Violation. No respondent filed a
response to Skull Shaver’s motion.
On September 23, 2021, OUII filed a
notice of supplemental authority
concerning the domestic industry
requirement. On September 28, 2021,
the ALJ issued an order (Order No. 31)
ordering certain supplementation of
Skull Shaver’s domestic industry
analysis. On October 14, 2021, Skull
Shaver submitted its supplement in
response to Order No. 31. No other
responses to Order No. 31 were filed.
On November 18, 2021, the ALJ grantedin-part Skull Shaver’s motion for
summary determination as the subject
ID.
The ID found that Skull Shaver owns
the asserted patents, and that those
patents are valid and enforceable. ID at
3. The ID further found that although all
respondents imported, sold for
importation, or sold within the United
States after importation at least one
accused article, the only respondents
whose articles infringe the asserted
patents are Yiwu Xingye and Yiwu City.
Id. at 3–4. The ID found no infringement
as to the other respondents, whose
products lack a second recess, see ID at
51–52, in view of the ALJ’s construction
of ‘‘recesses’’ as ‘‘indentations that are
substantially concave surfaces,’’ id. at
16 (citation omitted), and Skull Shaver’s
forfeiture of an infringement theory
under the doctrine of equivalents, id. at
50 n.7. The ID found that personal
jurisdiction is not necessary over each
defaulting respondent, but that the
defaulting respondents waived any
opportunity to contest the allegation
that personal jurisdiction exists. Id. The
ID further found that Skull Shaver meets
the technical prong and the economic
prong of the domestic industry
requirement. Id. at 4. As to remedy, the
RD found that there is a widespread
pattern of unauthorized use of the
asserted patents and it is difficult to
identify the source of these products;
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and that a GEO is necessary to prevent
circumvention. Id. at 4. The RD also
recommended issuance of CDOs against
the two infringing respondents, who are
presumed to maintain domestic
inventories. RD at 80–81. The RD
recommended a bond rate of one
hundred percent (100%) because
complete pricing information is not
available. RD at 82.
No petitions for review of the ID were
filed. The Commission determined to
review the ID’s findings concerning the
economic prong of the domestic
industry requirement, and not to review
the ID’s findings on other issues. Notice,
87 FR 990, 991 (Jan. 7, 2022). The
review notice solicited written
submissions, including on remedy, the
public interest, and bonding from the
parties, interested government agencies,
and the public. Id.
In response to the Commission notice,
Skull Shaver and OUII each filed an
opening submission and a reply. No
other parties filed submissions.
On review, the Commission has
determined to affirm the ID’s finding
that Skull Shaver has satisfied the
economic prong of the domestic
industry requirement, and the
Commission thereby affirms the ID’s
finding of a violation of section 337.
The Commission finds that the RD’s
recommended remedy is appropriate for
the reasons set forth in the attached
opinion. Accordingly, the Commission
finds that the appropriate remedy is: (1)
A general exclusion order prohibiting
the entry of certain electric shavers and
components and accessories thereof;
and (2) cease and desist orders directed
to Yiwu Xingye and Yiwu City. The
Commission has determined that the
public interest factors enumerated in
section 337(d), (f), and/or (g), 19 U.S.C.
1337(d), (f), (g), do not preclude the
issuance of the GEO or the CDOs.
The Commission has determined that
a bond in the amount of one hundred
percent (100%) of the entered value of
the subject articles is required during
the Presidential review period, 19
U.S.C. 1337(j) for the reasons set forth
in the RD and the attached Commission
Opinion. The investigation is hereby
terminated.
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the Complainant complete
service for any party without a method
of electronic service noted on the
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
attached Certificate of Service and shall
file proof of service on the Electronic
Document Information System (EDIS).
The Commission’s orders and opinion
were delivered to the President and the
United States Trade Representative on
the day of their issuance.
The Commission vote for these
determinations took place on March 17,
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 part
210).
By order of the Commission.
Issued: March 17, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–06122 Filed 3–22–22; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–985]
Bulk Manufacturer of Controlled
Substances Application: Johnson
Matthey Pharmaceutical Materials, Inc.
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
Johnson Matthey
Pharmaceutical Materials, Inc., has
applied to be registered as a bulk
manufacturer of basic class(es) of
controlled substance(s). Refer to
Supplementary Information listed below
for further drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before May 23, 2022. Such persons
may also file a written request for a
hearing on the application on or before
May 23, 2022.
ADDRESSES: The Drug Enforcement
Administration requires that all
comments be submitted electronically
through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
aware that submitted comments are not
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16495-16496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06122]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1230]
Certain Electric Shavers and Components and Accessories Thereof
Commission Decision Finding a Violation of Section 337; Issuing a
General Exclusion Order and Cease and Desist Orders; Terminating 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 the presiding
administrative law judge (``ALJ's'') initial determination (``ID'')
(Order No. 33) finding a violation of section 337 of the Tariff Act of
1930, as amended, in this investigation and has issued a general
exclusion order and cease and desist orders prohibiting the importation
of certain electric shavers and components and accessories thereof. The
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2532. 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: On November 18, 2020, the Commission
instituted this investigation based on a complaint filed by Complainant
Skull Shaver (``Skull Shaver'') of Moorestown, New Jersey. 85 FR 73510-
11 (Nov. 18, 2020). The complaint alleged violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain electric
shavers and components and accessories thereof by reason of
infringement of certain claims of U.S. Patent Nos. 8,726,528 (``the
'528 patent'') and D672,504 (``the '504 design patent''). Id. The
Commission's notice of investigation named the following eleven
entities as respondents: Rayenbarny Inc. (``Rayenbarny'') of New York,
New York; Bald Shaver Inc. (``Bald Shaver'') of Toronto, Canada; Suzhou
Kaidiya Garments Trading Co., Ltd. (``Suzhou'') d.b.a. ``Digimator'' of
Suzhou, China; Shenzhen Aiweilai Trading Co., Ltd. (``Aiweilei'')
d.b.a. ``Teamyo'' of Shenzhen, China; Wenzhou Wending Electric
Appliance Co., Ltd. of Yueqing City, China; Shenzhen Nukun Technology
Co., Ltd. (``Nukun'') d.b.a. ``OriHea'' of Shenzhen, China; Yiwu Xingye
Network Technology Co. Ltd. (``Yiwu Xingye'') d.b.a. ``Roziapro'' of
Yiwu, China; Magicfly LLC (``Magicfly'') of Hong Kong; Yiwu City Qiaoyu
Trading Co., Ltd. (``Yiwu City'') of Yiwu, China; Shenzhen Wantong
Information Technology Co., Ltd. (``Wantong'') d.b.a. ``WTONG'' of
Shenzhen, China; and Shenzhen Junmao International Technology Co., Ltd.
(``Junmao'') d.b.a. ``Homeas'' of Shenzhen, China. The notice of
investigation also named the Office of Unfair Import Investigations
(``OUII'') as a party. Id.
The Commission terminated Rayenbarny from the investigation because
its accused product was actually imported by Benepuri LLC
(``Benepuri'') of Menands, New York; the Commission allowed Benepuri to
intervene as a respondent. Notice, 85 FR 82514, 82515 (Dec. 18, 2020).
The Commission later granted Skull Shaver's motion to amend the
Complaint and the notice of investigation to correct the name of
Wenzhou Wending Electric Appliance Co., Ltd. d.b.a. ``Paitree'' as
Wenzhou Wending Electric Appliance Co., Ltd. (``Wenzhou''), and to
correct the addresses of several respondents. Notice, 86 FR 14645,
14645 (Mar. 17, 2021). The Commission terminated Magicfly from the
investigation on the basis of settlement. Notice at 2 (May 19, 2021).
The Commission terminated Nukun and Benepuri from the investigation on
the basis of withdrawal of the complaint. Notice at 2 (June 21, 2021)
(Nukun); Notice at 2 (Oct. 28, 2021) (Benepuri). All of the remaining
respondents (i.e., all respondents other than Magicfly, Nukun, Benepuri
and Rayenbarny) defaulted. See Notice at 3 (May 21, 2021) (seven
defaulting respondents); Notice at 2 (Dec. 9, 2021) (Bald Shaver
defaulting). Taken together, the eight defaulting respondents are:
Suzhou; Yiwu City; Wenzhou; Aiweilai; Junmao; Wantong; Yiwu Xingye; and
Bald Shaver.
On May 26, 2021, Skull Shaver filed a motion for summary
determination of
[[Page 16496]]
violation of section 337 by the eight defaulting respondents and for a
recommendation that the Commission issue a general exclusion order
(``GEO'') and cease and desist orders (``CDOs''). See Complainants'
Motion for Summary Determination of Violation and for Recommended
Determination on Remedy and Bonding. Skull Shaver accused Yiwu Xingye
and Yiwu City of infringing claims 1-3 of the '528 patent and the claim
of the '504 design patent. Id. at 5. It accused the other respondents
of infringing only claim 1 of the '528 patent. Id. On June 7, 2021,
OUII filed a response in support of Skull Shaver's motion. See
Commission Investigative Staff's Response to Skull Shaver's Motion for
Summary Determination of Violation. No respondent filed a response to
Skull Shaver's motion.
On September 23, 2021, OUII filed a notice of supplemental
authority concerning the domestic industry requirement. On September
28, 2021, the ALJ issued an order (Order No. 31) ordering certain
supplementation of Skull Shaver's domestic industry analysis. On
October 14, 2021, Skull Shaver submitted its supplement in response to
Order No. 31. No other responses to Order No. 31 were filed. On
November 18, 2021, the ALJ granted-in-part Skull Shaver's motion for
summary determination as the subject ID.
The ID found that Skull Shaver owns the asserted patents, and that
those patents are valid and enforceable. ID at 3. The ID further found
that although all respondents imported, sold for importation, or sold
within the United States after importation at least one accused
article, the only respondents whose articles infringe the asserted
patents are Yiwu Xingye and Yiwu City. Id. at 3-4. The ID found no
infringement as to the other respondents, whose products lack a second
recess, see ID at 51-52, in view of the ALJ's construction of
``recesses'' as ``indentations that are substantially concave
surfaces,'' id. at 16 (citation omitted), and Skull Shaver's forfeiture
of an infringement theory under the doctrine of equivalents, id. at 50
n.7. The ID found that personal jurisdiction is not necessary over each
defaulting respondent, but that the defaulting respondents waived any
opportunity to contest the allegation that personal jurisdiction
exists. Id. The ID further found that Skull Shaver meets the technical
prong and the economic prong of the domestic industry requirement. Id.
at 4. As to remedy, the RD found that there is a widespread pattern of
unauthorized use of the asserted patents and it is difficult to
identify the source of these products; and that a GEO is necessary to
prevent circumvention. Id. at 4. The RD also recommended issuance of
CDOs against the two infringing respondents, who are presumed to
maintain domestic inventories. RD at 80-81. The RD recommended a bond
rate of one hundred percent (100%) because complete pricing information
is not available. RD at 82.
No petitions for review of the ID were filed. The Commission
determined to review the ID's findings concerning the economic prong of
the domestic industry requirement, and not to review the ID's findings
on other issues. Notice, 87 FR 990, 991 (Jan. 7, 2022). The review
notice solicited written submissions, including on remedy, the public
interest, and bonding from the parties, interested government agencies,
and the public. Id.
In response to the Commission notice, Skull Shaver and OUII each
filed an opening submission and a reply. No other parties filed
submissions.
On review, the Commission has determined to affirm the ID's finding
that Skull Shaver has satisfied the economic prong of the domestic
industry requirement, and the Commission thereby affirms the ID's
finding of a violation of section 337.
The Commission finds that the RD's recommended remedy is
appropriate for the reasons set forth in the attached opinion.
Accordingly, the Commission finds that the appropriate remedy is: (1) A
general exclusion order prohibiting the entry of certain electric
shavers and components and accessories thereof; and (2) cease and
desist orders directed to Yiwu Xingye and Yiwu City. The Commission has
determined that the public interest factors enumerated in section
337(d), (f), and/or (g), 19 U.S.C. 1337(d), (f), (g), do not preclude
the issuance of the GEO or the CDOs.
The Commission has determined that a bond in the amount of one
hundred percent (100%) of the entered value of the subject articles is
required during the Presidential review period, 19 U.S.C. 1337(j) for
the reasons set forth in the RD and the attached Commission Opinion.
The investigation is hereby terminated.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant complete service for any party
without a method of electronic service noted on the attached
Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission's orders and opinion were delivered to the President
and the United States Trade Representative on the day of their
issuance.
The Commission vote for these determinations took place on March
17, 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
part 210).
By order of the Commission.
Issued: March 17, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06122 Filed 3-22-22; 8:45 am]
BILLING CODE 7020-02-P
