Large Top Mount Combination Refrigerator-Freezers From Thailand Determination, 60659-60660 [2024-16418]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices notice in the Federal Register on March 6, 2024 (89 FR 16026). The Commission conducted its in-person hearing on May 9, 2024. All persons who requested the opportunity were permitted to participate. On May 15, 2024, Commerce issued final affirmative antidumping duty determinations with respect to mattresses from Bosnia and Herzegovina (89 FR 42448), Bulgaria (89 FR 42443), Burma (89 FR 42427), Italy (89 FR 42429), Philippines (89 FR 42432), Poland (89 FR 42435), Slovenia (89 FR 42437), and Taiwan (89 FR 42439). The Commission subsequently issued its final determinations that an industry in the United States was materially injured by reason of imports of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan provided for in subheadings 9404.21.00, 9404.29.10, and 9404.29.90 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) that were found by Commerce to be sold in the United States at less than fair value. (89 FR 55657, July 5, 2024). On July 22, 2024, Commerce’s final negative countervailing duty determination with respect to imports of mattresses from Indonesia (89 FR 59050) and final affirmative antidumping duty determinations with respect to imports of mattresses from India (89 FR 59047), Kosovo (89 FR 59043), Mexico (89 FR 59062), and Spain (89 FR 59059) were published in the Federal Register. Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigations on imports of mattresses from India, Kosovo, Mexico, and Spain. This supplemental schedule is as follows: the deadline for filing supplemental party comments on Commerce’s final antidumping duty determinations is 5:15 p.m. on August 2, 2024. Supplemental party comments may address only Commerce’s final antidumping duty determinations regarding imports of mattresses from India, Kosovo, Mexico, and Spain. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of the current investigations will be placed in the nonpublic record on August 9, 2024, and a public version will be issued thereafter. For further information concerning this proceeding see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A and B VerDate Sep<11>2014 17:17 Jul 25, 2024 Jkt 262001 (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s 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. Please note the Secretary’s Office will accept only electronic filings during this 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. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: July 23, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–16515 Filed 7–25–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1696 (Preliminary)] Large Top Mount Combination Refrigerator-Freezers From Thailand Determination On the basis of the record 1 developed in the subject investigation, 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 large top mount combination refrigerator-freezers from Thailand, provided for in subheading 8418.10.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 60659 sold in the United States at less than fair value (‘‘LTFV’’).2 Commencement of Final Phase Investigation Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigation. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of an affirmative preliminary determination in the investigation under § 733(b) of the Act, or, if the preliminary determination is negative, upon notice of an affirmative final determination in that investigation under § 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigation need not enter a separate appearance for the final phase of the investigation. Any other party may file an entry of appearance for the final phase of the investigation after publication of the final phase notice of scheduling. 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 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 investigation. As provided in section 207.20 of the Commission’s rules, the Director of the Office of Investigations will circulate draft questionnaires for the final phase of the investigation to parties to the investigation, placing copies on the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov), for comment. Background On May 30, 2024, Electrolux Consumer Products, Inc., Charlotte, North Carolina filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of large top mount combination refrigerator-freezers from Thailand. Accordingly, effective May 30, 2024, the Commission instituted antidumping duty investigation No. 731–TA–1696 (Preliminary). Notice of the institution of the Commission’s investigation and of a public conference to be held in 2 89 E:\FR\FM\26JYN1.SGM FR 57860, July 16, 2024. 26JYN1 60660 Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of June 5, 2024 (89 FR 48190). The Commission conducted its conference on June 21, 2024. All persons who requested the opportunity were permitted to participate. The Commission made this determination pursuant to § 733(a) of the Act (19 U.S.C. 1673b(a)). It completed and filed its determination in this investigation on July 22, 2024. The views of the Commission are contained in USITC Publication 5528 (July 2024), entitled Large Top-Mount Combination Refrigerator-Freezers from Thailand: Investigation No. 731–TA–1696 (Preliminary). By order of the Commission. Issued: July 22, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–16418 Filed 7–25–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1360] Certain Portable Battery Jump Starters and Components Thereof (III); Notice of Commission Determination To Review in Part and, on Review, To Affirm With Modification a Final Initial 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 review in part and, on review, to affirm with modification the presiding administrative law judge’s (‘‘ALJ’’) final initial determination (‘‘FID’’) finding no violation of section 337 of the Tariff Act of 1930, as amended. The investigation is terminated with a finding of no violation. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:17 Jul 25, 2024 Jkt 262001 EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On April 18, 2023, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by The NOCO Company of Glenwillow, Ohio (‘‘NOCO’’). See 88 FR 23688 (Apr. 18, 2023). The complaint, as amended, 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 portable battery jump starters and components thereof by reason of the infringement of certain claims of U.S. Patent Nos. 9,770,992; 10,328,808; 10,981,452; 11,254,213; and 11,447,023. Id. The complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain portable battery jump starters and components thereof by reason of common law trade dress infringement, false designation of origin, and false advertising and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States. Id. The complaint also alleges that a domestic industry exists. Id. The Commission severed the complaint into two separate investigations: the present investigation directed to the trade dress infringement, false designation of origin, false advertising, and unfair competition allegations; and a related investigation, Inv. No. 337–TA–1359, involving the patent infringement allegations. The notice of investigation names seven respondents, including: Shenzhen Carku Technology Co., Ltd. of Guangdong, China; Aukey Technology Co., Ltd. of Shenzhen, China; Metasee LLC of Pearland, Texas (‘‘Metasee’’); Ace Farmer LLC of Houston, Texas; Shenzhen Konghui Trading Co., Ltd., d/ b/a Hulkman Direct of Guangdong, China (‘‘Hulkman Direct’’); HULKMAN LLC of Santa Clara, California; and Shenzhenshi Daosishangmao Youxiangongsi, d/b/a/Fanttik Direct of Guangdong, China (‘‘Fanttik Direct’’) (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations is also named as a party. Id. On May 17, 2024, the presiding ALJ issued the FID, finding no violation of section 337 in the importation into the PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 United States, or in the sale of certain portable battery jump starters and components thereof. Specifically, the FID finds that: (1) Respondents did not engage in false advertising under 15 U.S.C. 1125(a)(1); (2) Respondents did not falsely designate the origin of their products or cause unfair competition; (3) Respondents do not infringe the X Design Trade Dress; (4) NOCO has demonstrated that it has a domestic industry; and (5) NOCO has not demonstrated substantial injury or a threat of substantial injury to its domestic industry. The FID includes the ALJ’s recommended determination (‘‘RD’’) on remedy, the public interest, and bonding should the Commission find a violation of section 337. Specifically, the RD recommends, if the Commission finds a violation, issuing a limited exclusion order directed to certain portable battery jump starts and components thereof imported, sold for importation, and/or sold after importation by respondents. The RD also recommends issuing cease and desist orders directed to Metasee, Hulkman Direct, and Fanttik Direct. The RD recommends that a one hundred percent (100%) bond be set for any importations of Respondents’ products, which are found to violate section 337, during the period of Presidential review. On May 28, 2024, the Commission published its post-RD Federal Register notice seeking submissions on public interest issues raised by the relief recommended by the ALJ should the Commission find a violation. 89 FR 46160–61 (May 28, 2024). No responses were submitted in response to the notice. The parties did not file any public interest submissions pursuant to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). On May 31, 2024, Respondents filed a contingent petition for review contending that the FID is correct in all material respects and solely contesting the RD, should it become relevant. Neither NOCO nor OUII filed a petition for review. NOCO’s failure to file a petition for review constitutes abandonment of all issues decided adversely to it in the FID. 19 CFR 210.43(b)(2), (b)(4). On June 5, 2024, prior to the deadline for the filing of responses, Respondents withdrew their contingent petition. See June 5, 2024 letter from Kevin J. Patariu (EDIS Doc. ID 823040). The Commission, having reviewed the record in this investigation, has determined to review in part and, on review, to affirm with modification the FID’s finding of no violation. In particular, the Commission has E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60659-60660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16418]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1696 (Preliminary)]


Large Top Mount Combination Refrigerator-Freezers From Thailand 
Determination

    On the basis of the record \1\ developed in the subject 
investigation, 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 large top 
mount combination refrigerator-freezers from Thailand, provided for in 
subheading 8418.10.00 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'').\2\
---------------------------------------------------------------------------

    \1\ The record is defined in Sec.  207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ 89 FR 57860, July 16, 2024.
---------------------------------------------------------------------------

Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigation. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the U.S. 
Department of Commerce (``Commerce'') of an affirmative preliminary 
determination in the investigation under Sec.  733(b) of the Act, or, 
if the preliminary determination is negative, upon notice of an 
affirmative final determination in that investigation under Sec.  
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigation need not enter a separate 
appearance for the final phase of the investigation. Any other party 
may file an entry of appearance for the final phase of the 
investigation after publication of the final phase notice of 
scheduling. 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 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 investigation. As provided in 
section 207.20 of the Commission's rules, the Director of the Office of 
Investigations will circulate draft questionnaires for the final phase 
of the investigation to parties to the investigation, placing copies on 
the Commission's Electronic Document Information System (EDIS, https://edis.usitc.gov), for comment.

Background

    On May 30, 2024, Electrolux Consumer Products, Inc., Charlotte, 
North Carolina filed a petition with the Commission and Commerce, 
alleging that an industry in the United States is materially injured or 
threatened with material injury by reason of LTFV imports of large top 
mount combination refrigerator-freezers from Thailand. Accordingly, 
effective May 30, 2024, the Commission instituted antidumping duty 
investigation No. 731-TA-1696 (Preliminary).
    Notice of the institution of the Commission's investigation and of 
a public conference to be held in

[[Page 60660]]

connection therewith was given by posting copies of the notice in the 
Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register of 
June 5, 2024 (89 FR 48190). The Commission conducted its conference on 
June 21, 2024. All persons who requested the opportunity were permitted 
to participate.
    The Commission made this determination pursuant to Sec.  733(a) of 
the Act (19 U.S.C. 1673b(a)). It completed and filed its determination 
in this investigation on July 22, 2024. The views of the Commission are 
contained in USITC Publication 5528 (July 2024), entitled Large Top-
Mount Combination Refrigerator-Freezers from Thailand: Investigation 
No. 731-TA-1696 (Preliminary).

    By order of the Commission.

    Issued: July 22, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-16418 Filed 7-25-24; 8:45 am]
BILLING CODE 7020-02-P
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