In the Matter of Certain Playards and Strollers; Notice of a Final Determination Finding No Violation of Section 337; Termination of the Investigation, 60494-60495 [2023-18953]
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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices
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
simultaneously with any confidential
filing and must be served in accordance
with Commission Rule 210.4(f)(7)(ii)(A)
(19 CFR 210.4(f)(7)(ii)(A)). 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 August 28,
2023.
This action is taken under the
authority of 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: August 28, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–18893 Filed 8–31–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1288]
lotter on DSK11XQN23PROD with NOTICES1
In the Matter of Certain Playards and
Strollers; Notice of a Final
Determination Finding No Violation of
Section 337; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to affirm in
part, modify in part, reverse in part, and
SUMMARY:
VerDate Sep<11>2014
17:24 Aug 31, 2023
Jkt 259001
take no position on certain portions of
the Administrative Law Judge’s (‘‘ALJ’’)
final initial determination (‘‘ID’’), issued
on March 31, 2023, finding a violation
of section 337 in the above-referenced
investigation as to two of the three
asserted patents. The Commission has
determined that no violation of section
337 has occurred as to any of the
asserted patents based on the
importation of certain playards and
strollers. This investigation is
terminated.
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
by publication in the Federal Register
on December 27, 2021. 86 FR 73318
(Dec. 27, 2021). The complainants are
Graco Children’s Products Inc., of
Atlanta, GA (‘‘Graco’’) and Wonderland
Nurserygoods Co., Ltd. of Taipei,
Taiwan (‘‘Wonderland’’). Graco and
Wonderland’s 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 playards and strollers by reason
of infringement of certain claims of U.S.
Patent Nos. 9,706,855 (‘‘the ’855
patent’’); 9,414,694 (‘‘the ’694 patent’’);
RE43,919 (‘‘the ’919 patent’’); and
6,979,017 (‘‘the ’017 patent’’). Id. The
complaint further alleged that a
domestic industry exists. Id. The
Commission’s notice of investigation
named as respondents Baby Trend, Inc.
of Fontana, CA (‘‘Baby Trend’’);
Dongguan Golden Prosper Baby
Products Co., Ltd., of Guangdong, China
(‘‘Golden Prosper’’); Sichuan Hobbies
Baby Products Co., Ltd., of Sichuan,
China (‘‘Sichuan Hobbies’’); and Anhui
Chile Baby Products Co., Ltd. of Anhui
Province, China (‘‘Anhui Chile’’). Id.
The Office of Unfair Import
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
Investigations is not participating in the
investigation. Id.
On April 1, 2022, the Commission
determined not to review an ID
terminating the investigation as to the
’017 patent. Order No. 7 (Mar. 7, 2022),
unreviewed by Comm’n Notice (Apr. 1,
2022). On April 12, 2022, the
Commission determined not to review
an ID terminating the investigation as to
respondent Golden Prosper based on
withdrawal of the complaint. Order No.
8 (Mar. 23, 2022), unreviewed by
Comm’n Notice (Apr. 12, 2022). And, on
December 14, 2022, the Commission
determined not to review an ID
terminating the investigation as to
claims 3–9, 11–12, 14, and 16–20 of the
’855 patent, claims 2, 4–9, 11–17, and
19–20 of the ’694 patent, and claims 8,
10–12, 14–19, and 27–28 of the ’919
patent as to all respondents, and
terminating the investigation as to claim
20 of the ’919 patent as to respondents
Sichuan Hobbies and Anhui Chile (but
not Baby Trend). Order No. 21 (Nov. 15,
2022), unreviewed by Comm’n Notice
(Dec. 14, 2022).
The ALJ held an evidentiary hearing
from December 12–15, 2022, at which
point, only claims 1, 2, 10, 13, and 15
of the ’855 patent and claims 1, 10, and
18 of the ’694 patent remained as to all
respondents and claim 20 of the ’919
patent remained as to respondent Baby
Trend. At the time of the evidentiary
hearing, there were three remaining
respondents in this investigation: Baby
Trend, Sichuan Hobbies, and Anhui
Chile (‘‘Respondents’’).
On March 31, 2023, the ALJ issued
the final ID in this investigation. The ID
found that a violation of section 337 had
occurred based on the respondents’
importation and sale of products that
infringe certain claims of the ’855 patent
and the ’694 patent. By contrast, the ID
found that no violation had occurred in
connection with the ’919 patent. The
ALJ issued his recommended
determination (‘‘RD’’) on remedy and
bond concurrently with the ID. The RD
recommended issuance of a limited
exclusion order directed to accused
products that infringe the ’855 or ’694
patents. In addition, the RD
recommended the issuance of a cease
and desist order. As to bond, the RD
recommended a bond rate of 4% for the
product accused of infringing only the
’919 patent and a bond rate of 59% for
the remaining accused products.
The parties filed petitions for review
of the ID on April 14, 2023, and
responses thereto on April 24, 2023.
On July 6, 2023, the Commission
determined to review the ID in part.
Specifically, the Commission
determined to review: (1) for the ’855
E:\FR\FM\01SEN1.SGM
01SEN1
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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices
60495
patent, whether claim 15 is anticipated
by Gabriella, and whether claims 1, 2,
10, and 13 are obvious based on
Troutman and Song or Hsia and Song;
(2) for the ’694 patent, whether claim 18
is anticipated by Hsia and whether
claims 1 and 10 are obvious based on
Troutman and Tharalson; (3) the ’919
patent in its entirety; and (4) whether
the technical and economic prongs of
the domestic industry requirement are
met for all three patents. In connection
with its review of the ID, the
Commission sought briefing from the
parties on several questions germane to
the issues on review. The Commission
also requested briefing from the parties,
interested government agencies, and
other interested persons on remedy,
bonding, and the public interest.
On July 20, 2023, the parties
submitted briefs responding to the
questions posed in the Commission’s
Notice of Review and on remedy, the
public interest, and bond. Thereafter, on
July 27, 2023, each submitted a reply to
the other’s brief on review. No
additional submissions were received.
Having considered the parties’
submissions, the ID, and the record in
this investigation, the Commission has
determined that no violation of section
337 has occurred based on Respondents’
importation into the United States, sale
for importation, or sale within the
United States after importation of
certain playards and strollers. The
Commission has further determined to
affirm in part, modify in part, reverse in
part, and take no position on certain
portions of the ID, as explained in the
Commission’s opinion issued
concurrently herewith. This
investigation is terminated.
The Commission vote for this
determination took place on August 28,
2023.
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).
INTERNATIONAL TRADE
COMMISSION
INTERNATIONAL TRADE
COMMISSION
[USITC SE–23–042]
[Investigation Nos. 701–TA–692 and 731–
TA–1628 (Preliminary)]
Sunshine Act Meetings
Certain Pea Protein From China
By order of the Commission.
Issued: August 28, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–18953 Filed 8–31–23; 8:45 am]
By order of the Commission.
Issued: August 30, 2023.
Sharon Bellamy,
Acting Supervisory Hearings and Information
Officer.
BILLING CODE 7020–02–P
[FR Doc. 2023–19106 Filed 8–30–23; 4:15 pm]
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
TIME AND DATE:
September 8, 2023 at
11:00 a.m.
Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
PLACE:
STATUS:
Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Commission vote on Inv. Nos. 701–
TA–570 and 731–TA–1346 (Review)
(Aluminum Foil from China). The
Commission currently is scheduled to
complete and file its determinations and
views of the Commission on September
19, 2023.
5. Commission vote on Inv. Nos. 701–
TA–693 and 731–TA–1629–1640
(Preliminary) (Mattresses from Bosnia
and Herzegovina, Bulgaria, Burma,
India, Indonesia, Italy, Kosovo, Mexico,
Philippines, Poland, Slovenia, Spain,
and Taiwan). The Commission currently
is scheduled to complete and file its
determinations on September 11, 2023;
views of the Commission currently are
scheduled to be completed and filed on
September 18, 2023.
6. Outstanding action jackets: none.
CONTACT PERSON FOR MORE INFORMATION:
Sharon Bellamy, Acting Supervisory
Hearings and Information Officer, 202–
205–2000.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
17:24 Aug 31, 2023
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PO 00000
Frm 00066
Fmt 4703
Commencement of Final Phase
Investigations
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in § 207.21 of the
Commission’s rules, upon notice from
the U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under §§ 703(b) or 733(b)
of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under §§ 705(a) or 735(a) of the Act.
Parties that filed entries of appearance
in the preliminary phase of the
investigations need not enter a separate
appearance for the final phase of the
investigations. Industrial users, and, if
the merchandise under investigation is
sold at the retail level, representative
consumer organizations have the right
to appear as parties in Commission
antidumping and countervailing duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Background
On July 12, 2023, PURIS Proteins
LLC, Minneapolis, Minnesota filed
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 88 FR 52116 and 88 FR 52124 (August 7, 2023).
BILLING CODE 7020–02–P
VerDate Sep<11>2014
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of certain pea protein from China,
provided for in subheadings 3504.00.10,
3504.00.50, and 2106.10.00 of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value (‘‘LTFV’’) and to be subsidized by
the government of China.2
Sfmt 4703
E:\FR\FM\01SEN1.SGM
01SEN1
]]>Agencies
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60494-60495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18953]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1288]
In the Matter of Certain Playards and Strollers; Notice of a
Final Determination Finding No Violation of Section 337; Termination of
the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to affirm in part, modify in part, reverse in
part, and take no position on certain portions of the Administrative
Law Judge's (``ALJ'') final initial determination (``ID''), issued on
March 31, 2023, finding a violation of section 337 in the above-
referenced investigation as to two of the three asserted patents. The
Commission has determined that no violation of section 337 has occurred
as to any of the asserted patents based on the importation of certain
playards and strollers. This investigation is terminated.
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
by publication in the Federal Register on December 27, 2021. 86 FR
73318 (Dec. 27, 2021). The complainants are Graco Children's Products
Inc., of Atlanta, GA (``Graco'') and Wonderland Nurserygoods Co., Ltd.
of Taipei, Taiwan (``Wonderland''). Graco and Wonderland's 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 playards and strollers by reason of
infringement of certain claims of U.S. Patent Nos. 9,706,855 (``the
'855 patent''); 9,414,694 (``the '694 patent''); RE43,919 (``the '919
patent''); and 6,979,017 (``the '017 patent''). Id. The complaint
further alleged that a domestic industry exists. Id. The Commission's
notice of investigation named as respondents Baby Trend, Inc. of
Fontana, CA (``Baby Trend''); Dongguan Golden Prosper Baby Products
Co., Ltd., of Guangdong, China (``Golden Prosper''); Sichuan Hobbies
Baby Products Co., Ltd., of Sichuan, China (``Sichuan Hobbies''); and
Anhui Chile Baby Products Co., Ltd. of Anhui Province, China (``Anhui
Chile''). Id. The Office of Unfair Import Investigations is not
participating in the investigation. Id.
On April 1, 2022, the Commission determined not to review an ID
terminating the investigation as to the '017 patent. Order No. 7 (Mar.
7, 2022), unreviewed by Comm'n Notice (Apr. 1, 2022). On April 12,
2022, the Commission determined not to review an ID terminating the
investigation as to respondent Golden Prosper based on withdrawal of
the complaint. Order No. 8 (Mar. 23, 2022), unreviewed by Comm'n Notice
(Apr. 12, 2022). And, on December 14, 2022, the Commission determined
not to review an ID terminating the investigation as to claims 3-9, 11-
12, 14, and 16-20 of the '855 patent, claims 2, 4-9, 11-17, and 19-20
of the '694 patent, and claims 8, 10-12, 14-19, and 27-28 of the '919
patent as to all respondents, and terminating the investigation as to
claim 20 of the '919 patent as to respondents Sichuan Hobbies and Anhui
Chile (but not Baby Trend). Order No. 21 (Nov. 15, 2022), unreviewed by
Comm'n Notice (Dec. 14, 2022).
The ALJ held an evidentiary hearing from December 12-15, 2022, at
which point, only claims 1, 2, 10, 13, and 15 of the '855 patent and
claims 1, 10, and 18 of the '694 patent remained as to all respondents
and claim 20 of the '919 patent remained as to respondent Baby Trend.
At the time of the evidentiary hearing, there were three remaining
respondents in this investigation: Baby Trend, Sichuan Hobbies, and
Anhui Chile (``Respondents'').
On March 31, 2023, the ALJ issued the final ID in this
investigation. The ID found that a violation of section 337 had
occurred based on the respondents' importation and sale of products
that infringe certain claims of the '855 patent and the '694 patent. By
contrast, the ID found that no violation had occurred in connection
with the '919 patent. The ALJ issued his recommended determination
(``RD'') on remedy and bond concurrently with the ID. The RD
recommended issuance of a limited exclusion order directed to accused
products that infringe the '855 or '694 patents. In addition, the RD
recommended the issuance of a cease and desist order. As to bond, the
RD recommended a bond rate of 4% for the product accused of infringing
only the '919 patent and a bond rate of 59% for the remaining accused
products.
The parties filed petitions for review of the ID on April 14, 2023,
and responses thereto on April 24, 2023.
On July 6, 2023, the Commission determined to review the ID in
part. Specifically, the Commission determined to review: (1) for the
'855
[[Page 60495]]
patent, whether claim 15 is anticipated by Gabriella, and whether
claims 1, 2, 10, and 13 are obvious based on Troutman and Song or Hsia
and Song; (2) for the '694 patent, whether claim 18 is anticipated by
Hsia and whether claims 1 and 10 are obvious based on Troutman and
Tharalson; (3) the '919 patent in its entirety; and (4) whether the
technical and economic prongs of the domestic industry requirement are
met for all three patents. In connection with its review of the ID, the
Commission sought briefing from the parties on several questions
germane to the issues on review. The Commission also requested briefing
from the parties, interested government agencies, and other interested
persons on remedy, bonding, and the public interest.
On July 20, 2023, the parties submitted briefs responding to the
questions posed in the Commission's Notice of Review and on remedy, the
public interest, and bond. Thereafter, on July 27, 2023, each submitted
a reply to the other's brief on review. No additional submissions were
received.
Having considered the parties' submissions, the ID, and the record
in this investigation, the Commission has determined that no violation
of section 337 has occurred based on Respondents' importation into the
United States, sale for importation, or sale within the United States
after importation of certain playards and strollers. The Commission has
further determined to affirm in part, modify in part, reverse in part,
and take no position on certain portions of the ID, as explained in the
Commission's opinion issued concurrently herewith. This investigation
is terminated.
The Commission vote for this determination took place on August 28,
2023.
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: August 28, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-18953 Filed 8-31-23; 8:45 am]
BILLING CODE 7020-02-P
