In the Matter of Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 60414-60415 [2022-21630]

Download as PDF jspears on DSK121TN23PROD with NOTICES 60414 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Written submissions.—As provided in §§ 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before October 24, 2022, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties shall file written testimony and supplementary material in connection with their presentation at the conference no later than noon on October 18, 2022. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 18:05 Oct 04, 2022 Jkt 259001 Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: September 29, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–21576 Filed 10–4–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1311] In the Matter of Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that all respondents named in this investigation have been terminated or found in default. The Commission is now requesting written submissions on remedy, the public interest, and bonding concerning the respondents found to be in default. FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5453. 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 on May 4, 2022. 87 FR 26372 (May 4, 2022). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as 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 centrifuge utility platform and falling film evaporator systems and components thereof by SUMMARY: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 reason of infringement of claims 1, 10, and 14 of U.S. Patent No. 10,814,338; claims 1, 10, and 18 of U.S. Patent No. 11,014,098; and claims 1, 9, and 19 of U.S. Patent No. 10,899,728. Id. The complaint further alleged that a domestic industry exists. Id. The Commission’s notice of investigation named fifteen respondents, including Ambiopharm, Inc. of Beech Island, SC (‘‘Ambiopharm’’); RI Hemp Farms, LLC of West Greenwich, RI (‘‘RI Hemp Farms’’); Henan Lanphan Industry Co., Ltd. of Zhengzhou, China (‘‘Henan Lanphan’’); Toption Instrument Co., Ltd. of Xi’an, China (‘‘Toption’’); Ezhydro of Sacramento, CA; Shanghai Yuanhuai Industries Co., Ltd. of Shanghai City, China (‘‘Shanghai Yuanhuai’’); and Zhangjiagang Chunk d/b/a Charme Trading Corp. of Suzhou Shi, China (‘‘Charme’’) (collectively, ‘‘defaulting respondents’’). Id. at 26373. The Office of Unfair Import Investigations (‘‘OUII’’) is also participating in the investigation. Id. On August 4, 2022, the Commission determined not to review an initial determination (Order No. 15) finding Ambiopharm and RI Hemp Farms in default. Order No. 15 (July 7, 2022), unreviewed by Comm’n Notice (Aug. 4, 2022). On August 5, 2022, the Commission determined not to review an initial determination (Order No. 21) finding Henan Lanphan and Toption in default. Order No. 21 (July 19, 2022), unreviewed by Comm’n Notice (Aug. 5, 2022). Also on August 5, 2022, the Commission determined not to review an initial determination (Order No. 22) finding Ezhydro in default. Order No. 22 (July 20, 2022), unreviewed by Comm’n Notice (Aug. 5, 2022). On August 29, 2022, the Commission determined not to review an initial determination (Order No. 26) finding Shanghai Yuanhuai and Charme in default. Order No. 26 (July 29, 2022), unreviewed by Comm’n Notice (Aug. 29, 2022). All other respondents named in the notice of investigation have been terminated from the investigation. On August 31, 2022, complainant Apeks, LLC (‘‘Apeks’’) filed a ‘‘Written Submission on Remedy, the Public Interest and Bonding.’’ On September 20, 2022, Apeks filed a motion to terminate the investigation as to defaulting respondent Toption based on settlement. Apeks filed a corrected version of that motion thereafter on September 23, 2022. On the same day, OUII filed a response supporting Apeks’ motion to terminate Toption from the investigation. Apeks’ motion is currently pending before the Commission. E:\FR\FM\05OCN1.SGM 05OCN1 jspears on DSK121TN23PROD with NOTICES Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, upon request, to issue a limited exclusion order or a cease and desist order or both against a respondent found in default, based on the allegations regarding a violation of section 337 in the Complaint, which are presumed to be true, unless after consideration of the public interest factors in section 337(g)(1), it finds that such relief should not issue. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered with respect to the Defaulting Respondents, identified above. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (December 1994). The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order or one or more cease and desist orders would have on: (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action on the Commission’s determination. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The Commission has determined not to VerDate Sep<11>2014 18:05 Oct 04, 2022 Jkt 259001 consider Apeks’ August 31, 2022, submission on remedy, the public interest, and bonding, which was filed before the date of this notice. Apeks may now file an initial and a reply submission in response to this notice according to the instructions below. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. In its initial submission, Complainant is also requested to identify the remedy sought and Complainant and OUII are requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to provide the HTSUS subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. The initial written submissions and proposed remedial orders must be filed no later than close of business on October 14, 2022. Reply submissions must be filed no later than the close of business on October 21, 2022. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (Inv. No. 337–TA–1311) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 60415 redacted non-confidential version of the document must also be filed with the Commission and served on any parties to the investigation within two business days of any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on September 29, 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: September 30, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–21630 Filed 10–4–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1091 (Third Review)] Artists’ Canvas From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty order on artists’ canvas from China would be likely to lead to continuation or recurrence of material injury to an industry in the 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60414-60415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21630]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1311]


In the Matter of Certain Centrifuge Utility Platform and Falling 
Film Evaporator Systems and Components Thereof; Request for Written 
Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that all respondents named in this 
investigation have been terminated or found in default. The Commission 
is now requesting written submissions on remedy, the public interest, 
and bonding concerning the respondents found to be in default.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 May 4, 2022. 87 FR 26372 (May 4, 2022). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as 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 centrifuge utility platform and falling 
film evaporator systems and components thereof by reason of 
infringement of claims 1, 10, and 14 of U.S. Patent No. 10,814,338; 
claims 1, 10, and 18 of U.S. Patent No. 11,014,098; and claims 1, 9, 
and 19 of U.S. Patent No. 10,899,728. Id. The complaint further alleged 
that a domestic industry exists. Id. The Commission's notice of 
investigation named fifteen respondents, including Ambiopharm, Inc. of 
Beech Island, SC (``Ambiopharm''); RI Hemp Farms, LLC of West 
Greenwich, RI (``RI Hemp Farms''); Henan Lanphan Industry Co., Ltd. of 
Zhengzhou, China (``Henan Lanphan''); Toption Instrument Co., Ltd. of 
Xi'an, China (``Toption''); Ezhydro of Sacramento, CA; Shanghai 
Yuanhuai Industries Co., Ltd. of Shanghai City, China (``Shanghai 
Yuanhuai''); and Zhangjiagang Chunk d/b/a Charme Trading Corp. of 
Suzhou Shi, China (``Charme'') (collectively, ``defaulting 
respondents''). Id. at 26373. The Office of Unfair Import 
Investigations (``OUII'') is also participating in the investigation. 
Id.
    On August 4, 2022, the Commission determined not to review an 
initial determination (Order No. 15) finding Ambiopharm and RI Hemp 
Farms in default. Order No. 15 (July 7, 2022), unreviewed by Comm'n 
Notice (Aug. 4, 2022). On August 5, 2022, the Commission determined not 
to review an initial determination (Order No. 21) finding Henan Lanphan 
and Toption in default. Order No. 21 (July 19, 2022), unreviewed by 
Comm'n Notice (Aug. 5, 2022). Also on August 5, 2022, the Commission 
determined not to review an initial determination (Order No. 22) 
finding Ezhydro in default. Order No. 22 (July 20, 2022), unreviewed by 
Comm'n Notice (Aug. 5, 2022). On August 29, 2022, the Commission 
determined not to review an initial determination (Order No. 26) 
finding Shanghai Yuanhuai and Charme in default. Order No. 26 (July 29, 
2022), unreviewed by Comm'n Notice (Aug. 29, 2022). All other 
respondents named in the notice of investigation have been terminated 
from the investigation. On August 31, 2022, complainant Apeks, LLC 
(``Apeks'') filed a ``Written Submission on Remedy, the Public Interest 
and Bonding.'' On September 20, 2022, Apeks filed a motion to terminate 
the investigation as to defaulting respondent Toption based on 
settlement. Apeks filed a corrected version of that motion thereafter 
on September 23, 2022. On the same day, OUII filed a response 
supporting Apeks' motion to terminate Toption from the investigation. 
Apeks' motion is currently pending before the Commission.

[[Page 60415]]

    Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c) (19 CFR 210.16(c)) direct the Commission, upon request, to 
issue a limited exclusion order or a cease and desist order or both 
against a respondent found in default, based on the allegations 
regarding a violation of section 337 in the Complaint, which are 
presumed to be true, unless after consideration of the public interest 
factors in section 337(g)(1), it finds that such relief should not 
issue. Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered with respect to the Defaulting Respondents, identified above. 
If a party seeks exclusion of an article from entry into the United 
States for purposes other than entry for consumption, the party should 
so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 
2843, Comm'n Op. at 7-10 (December 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order or 
one or more cease and desist orders would have on: (1) the public 
health and welfare, (2) competitive conditions in the U.S. economy, (3) 
U.S. production of articles that are like or directly competitive with 
those that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The Commission has determined not to consider 
Apeks' August 31, 2022, submission on remedy, the public interest, and 
bonding, which was filed before the date of this notice. Apeks may now 
file an initial and a reply submission in response to this notice 
according to the instructions below.
    Parties to the investigation, interested government agencies, and 
any other interested parties are encouraged to file written submissions 
on the issues of remedy, the public interest, and bonding.
    In its initial submission, Complainant is also requested to 
identify the remedy sought and Complainant and OUII are requested to 
submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to provide the HTSUS subheadings under 
which the accused products are imported, and to supply the 
identification information for all known importers of the products at 
issue in this investigation. The initial written submissions and 
proposed remedial orders must be filed no later than close of business 
on October 14, 2022. Reply submissions must be filed no later than the 
close of business on October 21, 2022. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1311) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary, (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the 
Commission and served on any parties to the investigation within two 
business days of any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this investigation may be disclosed to and used: (i) by the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. appendix 3; or (ii) by U.S. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    The Commission vote for this determination took place on September 
29, 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: September 30, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-21630 Filed 10-4-22; 8:45 am]
BILLING CODE 7020-02-P

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