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, 60660-60661 [2024-16433]
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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
Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices
determined to review the FID’s
jurisdiction findings. On review, the
Commission notes that it interprets the
ALJ’s use of ‘‘in personam jurisdiction’’
as a shorthand to refer to the
Commission’s statutory authority to
investigate a particular respondent’s
accused articles that are imported into
the United States or sold after
importation, and interprets the ALJ’s
use of ‘‘in rem jurisdiction’’ as a
shorthand to refer to its statutory
authority to investigate the importation
into the United States or the sale of such
articles. The Commission has also
determined to review, and on review,
take no position regarding the following
findings in the FID: (1) the interstate
commerce findings (FID at 103–105); (2)
that NOCO has demonstrated that it has
a domestic industry (FID at 136–149);
and (3) that NOCO has not
demonstrated substantial injury or a
threat of substantial injury to its
domestic industry (FID at 149–171). The
Commission has determined not to
review the remainder of the FID.
The investigation is terminated with a
finding of no violation of section 337.
The Commission vote for this
determination took place on July 22,
2024.
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: July 22, 2024.
Lisa Barton,
Secretary to the Commission.
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 701–TA–693 (Final)]
Mattresses From Indonesia;
Termination of Investigation
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
[FR Doc. 2024–16518 Filed 7–25–24; 8:45 am]
BILLING CODE 7020–02–P
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
BILLING CODE 7020–02–P
On July 22, 2024, the Department of
Commerce published notice in the
Federal Register of a negative final
determination of subsidies in
connection with the subject
investigation concerning mattresses
from Indonesia (89 FR 59050).
Accordingly, the countervailing duty
investigation concerning mattresses
17:17 Jul 25, 2024
By order of the Commission.
Issued: July 23, 2024.
Lisa Barton,
Secretary to the Commission.
DEPARTMENT OF JUSTICE
[FR Doc. 2024–16433 Filed 7–25–24; 8:45 am]
VerDate Sep<11>2014
from Indonesia (Investigation No. 701–
TA–693 (Final)) is terminated.
DATES: July 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired 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 (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
Authority: This investigation is being
terminated under authority of title VII of
the Tariff Act of 1930 and pursuant to
section 207.40(a) of the Commission’s
Rules of Practice and Procedure (19 CFR
207.40(a)). This notice is published
pursuant to section 201.10 of the
Commission’s rules (19 CFR 201.10).
Jkt 262001
On July 22, 2024 the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Eastern District of Missouri
in the lawsuit entitled United States and
State of Missouri v. BP America, Inc.
and The Standard Oil Company (Ohio)
Civil Action No. 1:24–cv–0139.
The United States’ and State of
Missouri’s joint complaint alleges that
the defendants are liable under section
107(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, 42
U.S.C. 9607(a) and section 311 of the
Clean Water Act, 33 U.S.C. 1321, for
natural resource damages resulting from
releases of hazardous substances at and
from the Sweetwater Mine and Mill
Complex in Reynolds County, Missouri
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
60661
(the ‘‘Site’’). The Consent Decree
requires the settling defendants, BP
America, Inc. and The Standard Oil
Company (Ohio) to pay $1.05 million to
the United States and State of Missouri.
Under the Consent Decree, the United
States and State of Missouri covenant
not to sue the settling defendants for
natural resource damages resulting from
releases of hazardous substances at or
from the Site.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and State of Missouri v.
BP America, Inc. and The Standard Oil
Company (Ohio), D.J. Ref. No. 90–11–3–
09424/4. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing
Consent Decree, you may request
assistance by email or by mail to the
addresses provided above for submitting
comments.
Eric D. Albert,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2024–16512 Filed 7–25–24; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
National Institute of Corrections
Advisory Board; Notice of Meeting
This notice announces a forthcoming
meeting of the National Institute of
Corrections (NIC) Advisory Board. At
least one portion of the meeting will be
closed to the public.
Name of the Committee: NIC
Advisory Board.
General Function of the Committee:
To aid the National Institute of
Corrections in developing long-range
E:\FR\FM\26JYN1.SGM
26JYN1
]]>Agencies
[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60660-60661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16433]
-----------------------------------------------------------------------
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
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: 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
[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: 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 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
[[Page 60661]]
determined to review the FID's jurisdiction findings. On review, the
Commission notes that it interprets the ALJ's use of ``in personam
jurisdiction'' as a shorthand to refer to the Commission's statutory
authority to investigate a particular respondent's accused articles
that are imported into the United States or sold after importation, and
interprets the ALJ's use of ``in rem jurisdiction'' as a shorthand to
refer to its statutory authority to investigate the importation into
the United States or the sale of such articles. The Commission has also
determined to review, and on review, take no position regarding the
following findings in the FID: (1) the interstate commerce findings
(FID at 103-105); (2) that NOCO has demonstrated that it has a domestic
industry (FID at 136-149); and (3) that NOCO has not demonstrated
substantial injury or a threat of substantial injury to its domestic
industry (FID at 149-171). The Commission has determined not to review
the remainder of the FID.
The investigation is terminated with a finding of no violation of
section 337.
The Commission vote for this determination took place on July 22,
2024.
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: July 22, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-16433 Filed 7-25-24; 8:45 am]
BILLING CODE 7020-02-P
