Certain Aerosol Fire Extinguishing Technology, Components Thereof, and Products Containing Same; Notice of Institution of Investigation, 22454-22455 [2024-06786]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 22454 Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2023 (report quantity data in wheels and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have VerDate Sep<11>2014 17:17 Mar 29, 2024 Jkt 262001 occurred in the United States or in the market for the Subject Merchandise in the Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. By order of the Commission. Issued: March 26, 2024. Katherine Hiner, Supervisory Attorney. [FR Doc. 2024–06740 Filed 3–29–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1395] Certain Aerosol Fire Extinguishing Technology, Components Thereof, and Products Containing Same; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 22, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Nano Fire LLC of Plainview, New York and Defender Safety, LLC of Plainview, New York. Supplements to the complaint were filed on February SUMMARY: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 27, March 12, and March 13, 2024. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain aerosol fire extinguishing technology, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 8,865,014 (‘‘the ’014 patent’’) and U.S. Patent No. 9,199,108 (‘‘the ’108 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2023). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 25, 2024, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1–4 of the ’014 patent and claims 1–3 E:\FR\FM\01APN1.SGM 01APN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices and 10 of the ’108 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘aerosol fire extinguishing generators and systems containing a fire extinguishing composition that produces a fire[ ] extinguishing substance through hightemperature sublimation or decomposition’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Nano Fire LLC, 30 Skyline Drive, Plainview, NY 11803 Defender Safety Inc., 30 Skyline Drive, Plainview, NY 11803 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Halma Plc, Misbourne Court, Rectory Way, Amersham, Bucks HP7 0DE, UK Halma Holdings LLC, 535 Springfield Avenue, Suite 110, Summit, NJ 07901 FirePro Systems, Ltd., 8 Faieas Street, Agios Athanasios Industrial Area, CY–4101, Limassol, Cyprus Hochicki America Corporation, 7051 Village Drive, Buena Park, CA 90621 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the VerDate Sep<11>2014 17:17 Mar 29, 2024 Jkt 262001 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 26, 2024. Katherine Hiner, Supervisory Attorney. [FR Doc. 2024–06786 Filed 3–29–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1200 (Second Review)] Large Residential Washers From Mexico; Institution of a Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty order on large residential washers (‘‘LRWs’’) from Mexico would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. SUMMARY: Instituted April 1, 2024. To be assured of consideration, the deadline for responses is May 1, 2024. Comments on the adequacy of responses may be filed with the Commission by June 7, 2024. DATES: FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202–205–3177), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 22455 of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On February 15, 2013, the Department of Commerce (‘‘Commerce’’) issued antidumping duty orders covering LRWs from Korea and Mexico and a countervailing duty order covering LRWs from Korea (78 FR 11148 and 78 FR 11154, February 15, 2013). Following the five-year reviews by Commerce and the Commission, effective February 15, 2018, Commerce revoked the antidumping and countervailing duty orders on imports of LRWs from Korea (84 FR 19764, May 6, 2019). Commerce issued a continuation of the antidumping duty order covering LRWs from Mexico, effective May 6, 2019 (84 FR 19764). The Commission is now conducting a second review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by Commerce. (2) The Subject Country in this review is Mexico. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determinations and its full first five-year review determinations, the Commission defined the Domestic Like Product as LRWs described by the scope and top load washers with a capacity of less than 3.7 cubic feet. E:\FR\FM\01APN1.SGM 01APN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22454-22455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06786]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1395]


Certain Aerosol Fire Extinguishing Technology, Components 
Thereof, and Products Containing Same; Notice of Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 22, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Nano Fire LLC 
of Plainview, New York and Defender Safety, LLC of Plainview, New York. 
Supplements to the complaint were filed on February 27, March 12, and 
March 13, 2024. The complaint, as supplemented, alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain aerosol fire extinguishing technology, 
components thereof, and products containing same by reason of the 
infringement of certain claims of U.S. Patent No. 8,865,014 (``the '014 
patent'') and U.S. Patent No. 9,199,108 (``the '108 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 25, 2024, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-4 of the '014 patent and claims 1-3

[[Page 22455]]

and 10 of the '108 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``aerosol fire 
extinguishing generators and systems containing a fire extinguishing 
composition that produces a fire[ ] extinguishing substance through 
high-temperature sublimation or decomposition'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Nano Fire LLC, 30 Skyline Drive, Plainview, NY 11803
Defender Safety Inc., 30 Skyline Drive, Plainview, NY 11803

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Halma Plc, Misbourne Court, Rectory Way, Amersham, Bucks HP7 0DE, UK
Halma Holdings LLC, 535 Springfield Avenue, Suite 110, Summit, NJ 07901
FirePro Systems, Ltd., 8 Faieas Street, Agios Athanasios Industrial 
Area, CY-4101, Limassol, Cyprus
Hochicki America Corporation, 7051 Village Drive, Buena Park, CA 90621
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 26, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-06786 Filed 3-29-24; 8:45 am]
BILLING CODE 7020-02-P

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