Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Notice of Institution of Formal Enforcement Proceeding, 13390-13391 [2025-04822]

Download as PDF 13390 Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices Chapter IV. Off-Sale Liquor Licensing 4.1 Off-Sale Liquor Licenses There is hereby authorized to be issued a maximum of five (5) annual licenses to operate as off-sale vendors under the terms and conditions of this ordinance. A. Licenses shall be for the term of one year or less, running from the date of issuance to December 31 of the calendar year of issuance. B. A fee for issuance of a license shall be $1,000.00 payable upon receipt of the license. khammond on DSK9W7S144PROD with NOTICES 4.2 Application Procedure A. An applicant for a license must be a member of the Shakopee Mdewakanton Sioux Community 21 years of age or older. B. The applicant shall complete an application form, as provided by the Business Council, and shall submit it back to the Business Council within 20 days after notice is published at the Community Center and on the Community member website that one or more licenses under this ordinance are available for issuance. C. The applicant shall accompany his/ her application with: 1. A non-refundable application fee of $10.00; and 2. Proof that the applicant’s financial assets exceed his/her liabilities by an amount equal to or greater than $5,000.00. D. 20 days after notice has been provided that one or more licenses are available, the Business Council shall declare the application period closed, shall promptly reject any incomplete application notifying the applicant at once, and shall proceed to evaluate the balance of the applications for the available licenses, according to the information contained therein and accompanying documents. He/she shall issue the available license(s) to the applicant(s) most qualified to operate as a vendor under the terms and conditions of this ordinance. E. Upon receipt of a license hereunder, an applicant shall post a bond in an amount, to be established by the Business Council annually, sufficient to ensure payment to the Community on the projected annual excise tax. 4.3 Excise Tax A. There is hereby imposed an excise tax on the sale of each bottle or other container of liquor sold by an Off-Sale Liquor Licensee in the amount of five (5) cents bottle and case, and ten (10) cent keg. B. Each Off-Sale Liquor Licensee must file, with the Business Council, a VerDate Sep<11>2014 16:34 Mar 20, 2025 Jkt 265001 complete report of sales during a month and remit the excise tax on such sales. Such report and remittance must be made no later than the 15th day of the month following that to which the report applies. 4.4 Operation Under License A. The license issued hereunder shall authorize the Off-Sale Liquor Licensee to operate a retail sales outlet for the sale of unopened and sealed liquor, wine, or beer only. B. All Off-Sale Liquor Licensees must conform their operations to those laws of the State of Minnesota related to the sale or possession of intoxicating beverages or beer as indicated in Minnesota Statutes Annotated. C. An Off-Sale Liquor Licensee must complete and maintain accurate records of inventory, sales, payroll, taxes paid and withheld, and all other facets of business operations. The books and records maintained by each vendor operating under a license shall be open for inspection by the Business Council at all times during normal business hours. 4.5 Revocation of Suspension of License A. The Business Council may suspend a license issued under this ordinance for violation of any of the terms of this ordinance. 1. For failure to submit the report or remit the excise tax required by Section 4.3, or for refusal to permit inspection of books or records as required by Section 4.4, such suspension shall cease upon compliance with the indicated section. 2. No suspension shall continue for more than ninety (90) days, provided, however, that the Business Council may make a recommendation at any time to the General Council that a license be revoked. B. The General Council may revoke a license issued under this ordinance for violation of any of the terms of this ordinance. 1. License revocations shall be presented to the General Council for a vote at a duly convened meeting of the General Council. 2. The Business Council shall initiate the license revocation process by providing written notice to the licensee at least thirty (30) days prior to the General Council meeting at which the license revocation will be considered. This written notice shall contain a recitation of the causes justifying revocation. 3. The General Council shall permit statements or testimony by any person PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 wishing to give such at the revocation hearing. 4. The General Council may, by majority vote, revoke a license. C. One prior license revocation shall not prevent a person, otherwise qualified, from applying from a subsequent license under Section III. Two prior license revocations shall render a person ineligible from applying for subsequent licenses. [FR Doc. 2025–04804 Filed 3–20–25; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1364 (Enforcement)] Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to institute a formal enforcement proceeding relating to cease and desist orders (‘‘CDOs’’) issued on September 30, 2024, and corrected on October 8, 2024, in the abovereferenced investigation. FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3316. 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 the underlying investigation on May 31, 2023, based on a complaint, as supplemented, filed by Composite Resources, Inc. and North American Rescue, LLC (collectively, ‘‘Complainants’’). 88 FR 34893–95 (May 31, 2023). The Commission determined to investigate alleged violations of SUMMARY: E:\FR\FM\21MRN1.SGM 21MRN1 khammond on DSK9W7S144PROD with NOTICES Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘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 blood flow restriction devices with rotatable windlasses and components thereof that infringe certain claims of U.S. Patent No. 7,842,067 (‘‘the ’067 patent’’), U.S. Patent No. 8,888,807 (‘‘the ’807 patent’’), and U.S. Patent No. 10,016,203 (‘‘the ’203 patent’’); as well as United States Trademark Registration Nos. 3,863,064 and 5,046,378 (‘‘Asserted Trademarks’’); and whether an industry in the United States exists as required by the applicable Federal statute. The Commission also determined to investigate alleged violations of section 337 based upon the importation into the United States, and in the sale of, certain blood flow restriction devices with rotatable windlasses and components thereof that infringe certain trade dress (‘‘Asserted Trade Dress’’) in violation of Section 43(a) of the Lanham Act (15 U.S.C. 1125) the threat or effect of which is to destroy or substantially injure a domestic industry. Id. at 34893– 94. The Commission’s notice of investigation named thirty (30) respondents. Id. at 34894. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. Id. Two named respondents were terminated based on the entry of consent orders. See Order No. 7 (Aug. 9, 2023), unreviewed by Comm’n Notice (Sept. 5, 2023); Order No. 13 (Oct. 3, 2023), unreviewed by Comm’n Notice (Nov. 2, 2023). Twelve (12) named respondents were terminated based on withdrawal of the complaint after those respondents were unable to be served. See Order No. 10 (Aug. 22, 2023), unreviewed by Comm’n Notice (Sept. 20, 2023). The remaining respondents were found in default. See Order No. 11 (Aug. 29, 2023), unreviewed by Comm’n Notice (Sept. 22, 2023). Complainants withdrew many of their patent infringement allegations, including all allegations with respect to the ’807 patent and ’203 patent. See Order No. 14 (Nov. 2, 2023), unreviewed by Comm’n Notice (Dec. 4, 2023); Order No. 19 (Jan. 25, 2024), unreviewed by Comm’n Notice (Feb. 15, 2024). On December 22, 2023, Complainants filed a motion for summary determination on violation of section 337, which was granted-in-part with respect to infringement of claims 1, 4, 15, and 16 of the ’067 patent. Order No. 20 (Feb. 7, 2024), unreviewed by Comm’n Notice (Mar. 6, 2024). VerDate Sep<11>2014 16:34 Mar 20, 2025 Jkt 265001 On September 30, 2024, the Commission determined to issue a general exclusion order prohibiting the importation into the United States of certain blood flow restriction devices with rotatable windlasses and components thereof that infringe one or more of claims 1, 4, 15, and/or 16 of the ’067 patent, a limited exclusion order with respect to defaulting respondents for infringement of the Asserted Trademarks and Asserted Trade Dress, and CDOs directed to certain respondents with respect to infringement of claims 1, 4, 15, and/or 16 of the ’067 patent, the Asserted Trademarks, and the Asserted Trade Dress. See 89 FR 80930–31 (Oct. 4, 2024); Corrected Comm’n Op. (Oct. 8, 2024). On February 13, 2025, Complainants filed a complaint (the ‘‘Enforcement Complaint’’) requesting that the Commission institute an enforcement proceeding under Commission Rule 210.75 to investigate alleged violations of the CDOs that were issued to Rhino, Inc. (‘‘Rhino’’) of Lewes, Delaware and Wuxi Emsrun Technology Co., Ltd. (‘‘Wuxi Emsrun’’) of Wuxi City, China. In the Enforcement Complaint, Complainants allege that Rhino and Wuxi Emsrun have continued to sell articles that infringe claims 1, 4, 15, and 16 of the ’067 patent and/or the Asserted Trade Dress in violation of the CDOs. Having examined the Enforcement Complaint and the supporting documents, the Commission has determined to institute a formal enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR 210.75(a)), to determine whether a violation of the CDOs issued to Rhino and Wuxi Emsrun in this investigation has occurred and to determine what, if any, enforcement measures are appropriate. The named respondents are Rhino and Wuxi Emsrun. OUII is also named as a party. The Commission vote for this determination took place on March 17, 2025. 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: March 17, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–04822 Filed 3–20–25; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 13391 DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Rehabilitation Maintenance Certificate Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Office of Workers’ Compensation Programs (OWCP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that the agency receives on or before April 21, 2025. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Nicole Bouchet by telephone at 202– 693–0213, or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: Form OWCP–17 serves as a bill submitted by the program participant or OWCP, requesting reimbursement of expenses incurred due to participation in an approved rehabilitation effort for the preceding four-week period or fraction thereof. For additional substantive information about this ICR, see the related notice published in the Federal Register on November 6, 2024 (89 FR 88066). This information collection is subject to the PRA. A Federal agency generally SUMMARY: E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13390-13391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04822]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1364 (Enforcement)]


Certain Blood Flow Restriction Devices With Rotatable Windlasses 
and Components Thereof; Notice of Institution of Formal Enforcement 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to institute a formal 
enforcement proceeding relating to cease and desist orders (``CDOs'') 
issued on September 30, 2024, and corrected on October 8, 2024, in the 
above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3316. 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 the underlying 
investigation on May 31, 2023, based on a complaint, as supplemented, 
filed by Composite Resources, Inc. and North American Rescue, LLC 
(collectively, ``Complainants''). 88 FR 34893-95 (May 31, 2023). The 
Commission determined to investigate alleged violations of

[[Page 13391]]

section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``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 blood flow restriction devices with rotatable 
windlasses and components thereof that infringe certain claims of U.S. 
Patent No. 7,842,067 (``the '067 patent''), U.S. Patent No. 8,888,807 
(``the '807 patent''), and U.S. Patent No. 10,016,203 (``the '203 
patent''); as well as United States Trademark Registration Nos. 
3,863,064 and 5,046,378 (``Asserted Trademarks''); and whether an 
industry in the United States exists as required by the applicable 
Federal statute. The Commission also determined to investigate alleged 
violations of section 337 based upon the importation into the United 
States, and in the sale of, certain blood flow restriction devices with 
rotatable windlasses and components thereof that infringe certain trade 
dress (``Asserted Trade Dress'') in violation of Section 43(a) of the 
Lanham Act (15 U.S.C. 1125) the threat or effect of which is to destroy 
or substantially injure a domestic industry. Id. at 34893-94. The 
Commission's notice of investigation named thirty (30) respondents. Id. 
at 34894. The Office of Unfair Import Investigations (``OUII'') was 
also named as a party. Id.
    Two named respondents were terminated based on the entry of consent 
orders. See Order No. 7 (Aug. 9, 2023), unreviewed by Comm'n Notice 
(Sept. 5, 2023); Order No. 13 (Oct. 3, 2023), unreviewed by Comm'n 
Notice (Nov. 2, 2023). Twelve (12) named respondents were terminated 
based on withdrawal of the complaint after those respondents were 
unable to be served. See Order No. 10 (Aug. 22, 2023), unreviewed by 
Comm'n Notice (Sept. 20, 2023). The remaining respondents were found in 
default. See Order No. 11 (Aug. 29, 2023), unreviewed by Comm'n Notice 
(Sept. 22, 2023).
    Complainants withdrew many of their patent infringement 
allegations, including all allegations with respect to the '807 patent 
and '203 patent. See Order No. 14 (Nov. 2, 2023), unreviewed by Comm'n 
Notice (Dec. 4, 2023); Order No. 19 (Jan. 25, 2024), unreviewed by 
Comm'n Notice (Feb. 15, 2024).
    On December 22, 2023, Complainants filed a motion for summary 
determination on violation of section 337, which was granted-in-part 
with respect to infringement of claims 1, 4, 15, and 16 of the '067 
patent. Order No. 20 (Feb. 7, 2024), unreviewed by Comm'n Notice (Mar. 
6, 2024).
    On September 30, 2024, the Commission determined to issue a general 
exclusion order prohibiting the importation into the United States of 
certain blood flow restriction devices with rotatable windlasses and 
components thereof that infringe one or more of claims 1, 4, 15, and/or 
16 of the '067 patent, a limited exclusion order with respect to 
defaulting respondents for infringement of the Asserted Trademarks and 
Asserted Trade Dress, and CDOs directed to certain respondents with 
respect to infringement of claims 1, 4, 15, and/or 16 of the '067 
patent, the Asserted Trademarks, and the Asserted Trade Dress. See 89 
FR 80930-31 (Oct. 4, 2024); Corrected Comm'n Op. (Oct. 8, 2024).
    On February 13, 2025, Complainants filed a complaint (the 
``Enforcement Complaint'') requesting that the Commission institute an 
enforcement proceeding under Commission Rule 210.75 to investigate 
alleged violations of the CDOs that were issued to Rhino, Inc. 
(``Rhino'') of Lewes, Delaware and Wuxi Emsrun Technology Co., Ltd. 
(``Wuxi Emsrun'') of Wuxi City, China. In the Enforcement Complaint, 
Complainants allege that Rhino and Wuxi Emsrun have continued to sell 
articles that infringe claims 1, 4, 15, and 16 of the '067 patent and/
or the Asserted Trade Dress in violation of the CDOs.
    Having examined the Enforcement Complaint and the supporting 
documents, the Commission has determined to institute a formal 
enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR 
210.75(a)), to determine whether a violation of the CDOs issued to 
Rhino and Wuxi Emsrun in this investigation has occurred and to 
determine what, if any, enforcement measures are appropriate. The named 
respondents are Rhino and Wuxi Emsrun. OUII is also named as a party.
    The Commission vote for this determination took place on March 17, 
2025.
    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: March 17, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-04822 Filed 3-20-25; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.