80_FR_62039 80 FR 61841 - Boltless Steel Shelving Units Prepackaged for Sale from China

80 FR 61841 - Boltless Steel Shelving Units Prepackaged for Sale from China

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range61841-61842
FR Document2015-26049

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015)
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61841-61842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26049]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-523 and 731-TA-1259 (Final)]


Boltless Steel Shelving Units Prepackaged for Sale from China

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 an industry in the United States is materially injured by 
reason of imports of boltless steel shelving units prepackaged for sale 
(``boltless steel shelving'') from China, provided for in subheadings 
9403.10.00 and 9403.20.00 of the Harmonized Tariff Schedule of the 
United States, that have been found by the Department of Commerce to be 
sold in the United States at less than fair value (``LTFV''), and to be 
subsidized by the government of China.\2\
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    \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\ Chairman Meredith M. Broadbent and Commissioner David S. 
Johanson determined that an industry in the United States was 
threatened with material injury by reason of imports of boltless 
steel shelving that Commerce found to be sold in the United States 
at LTFV and subsidized by the government of China.
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Background

    The Commission, pursuant to sections 705(b) and 735(b) of the 
Tariff Act of 1930 (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), 
instituted these investigations effective August 26, 2014, following 
receipt of petitions filed with the Commission and Commerce by Edsal 
Manufacturing Co., Inc., Chicago, Illinois. The Commission scheduled 
the final phase of the investigations following notification of 
preliminary determinations by Commerce that imports of boltless steel 
shelving from China were subsidized within the meaning of section 
703(b) of the Act (19 U.S.C. 1671b(b)) and dumped within the meaning of 
733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the 
final phase of the Commission's investigations and of a public hearing 
to be held in connection therewith was given by posting copies of the 
notice in the Office of the Secretary, U.S.

[[Page 61842]]

International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register on May 7, 2015 (80 FR 26296). The 
hearing was held in Washington, DC, on August 13, 2015, and all persons 
who requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission made these determinations pursuant to sections 
705(b) and 735(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 19 
U.S.C. 1673d(b)). It completed and filed its determinations in these 
investigations on October 7, 2015. The views of the Commission are 
contained in USITC Publication 4565 (October 2015), entitled Boltless 
Steel Shelving Units Prepackaged for Sale From China: Investigation 
Nos. 701-TA-523 and 731-TA-1259 (Final).

    By order of the Commission.

    Issued: October 7, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-26049 Filed 10-13-15; 8:45 am]
BILLING CODE 7020-02-P



                                                                        Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices                                                    61841

                                              session will be held in the Reading                       Before including your address, phone                  Dated: September 22, 2015.
                                              Room on the first floor. NOTE: All                      number, email address, or other                       Roger Reed,
                                              meeting participants and interested                     personal identifying information in your              Acting Chief, National Register of Historic
                                              members of the public must register                     comment, you should be aware that                     Places/National Historic Landmarks Program.
                                              their attendance at https://                            your entire comment—including your                    [FR Doc. 2015–26036 Filed 10–13–15; 8:45 am]
                                              app.smartsheet.com/b/form?EQBCT=                        personal identifying information—may                  BILLING CODE 4312–51–P
                                              86e55ccd349243cb94e735764b6683cc.                       be made publicly available at any time.
                                              Attendees will be cleared through                       While you can ask us in your comment
                                              building security prior to being escorted               to withhold your personal identifying                 INTERNATIONAL TRADE
                                              to the meeting.                                         information from public review, we                    COMMISSION
                                              FOR FURTHER INFORMATION CONTACT:                        cannot guarantee that we will be able to
                                                                                                      do so.                                                [Investigation Nos. 701–TA–523 and 731–
                                              Kelsey Brantley, National Invasive                                                                            TA–1259 (Final)]
                                              Species Council Program Specialist and                  HAWAII
                                              ISAC Coordinator, Phone: (202) 208–                                                                           Boltless Steel Shelving Units
                                              4122; Fax: (202) 208–4118, email:                       Hawaii County
                                                                                                                                                            Prepackaged for Sale from China
                                              Kelsey_Brantley@ios.doi.gov.                            Ferreira Building, (Honakaa Town, Hawaii
                                                                                                        MPS), 45–3625 Mamane St., Honokaa,                  Determinations
                                                Dated: October 7, 2015.
                                                                                                        15000756                                               On the basis of the record 1 developed
                                              Jamie K. Reaser,
                                                                                                      IOWA                                                  in the subject investigations, the United
                                              Executive Director, National Invasive Species
                                              Council.
                                                                                                                                                            States International Trade Commission
                                                                                                      Linn County                                           (‘‘Commission’’) determines, pursuant
                                              [FR Doc. 2015–26003 Filed 10–13–15; 8:45 am]
                                                                                                      Cedar Rapids Central Business District                to the Tariff Act of 1930 (‘‘the Act’’),
                                              BILLING CODE 4334–63–P                                    Commercial Historic District, (Commercial           that an industry in the United States is
                                                                                                        & Industrial Development of Cedar Rapids            materially injured by reason of imports
                                                                                                        MPS), Roughly bounded by 1st & 5th Aves.            of boltless steel shelving units
                                              DEPARTMENT OF THE INTERIOR                                SE. & 5th & 2nd Sts. SE., Cedar Rapids,             prepackaged for sale (‘‘boltless steel
                                                                                                        15000757                                            shelving’’) from China, provided for in
                                              National Park Service                                   Harper and McIntire Company Warehouse,                subheadings 9403.10.00 and 9403.20.00
                                                                                                        (Industrial Development of Cedar Rapids,
                                              [NPS–WASO–NRNHL–19403;                                                                                        of the Harmonized Tariff Schedule of
                                                                                                        Iowa MPS (AD)), 411 6th Ave. SE., Cedar
                                              PPWOCRADI0, PCU00RP14.R50000]                             Rapids, 15000758
                                                                                                                                                            the United States, that have been found
                                                                                                                                                            by the Department of Commerce to be
                                              National Register of Historic Places;                   MARYLAND                                              sold in the United States at less than fair
                                              Notification of Pending Nominations                     Queen Anne’s County                                   value (‘‘LTFV’’), and to be subsidized by
                                              and Related Actions                                                                                           the government of China.2
                                                                                                      Wye Hall, 505 Wye Hall Dr., Queenstown,
                                              AGENCY: National Park Service, Interior.                 15000759                                             Background
                                              ACTION: Notice.                                         MISSOURI                                                 The Commission, pursuant to sections
                                                                                                                                                            705(b) and 735(b) of the Tariff Act of
                                              SUMMARY:   The National Park Service is                 Jackson County
                                                                                                                                                            1930 (19 U.S.C. 1671d(b) and 19 U.S.C.
                                              soliciting comments on the significance                 Ten Main Center, 920 Main St., Kansas City,           1673d(b)), instituted these
                                              of properties nominated before                            15000760                                            investigations effective August 26, 2014,
                                              September 19, 2015 for listing or related                                                                     following receipt of petitions filed with
                                                                                                      St. Louis Independent city
                                              actions in the National Register of                                                                           the Commission and Commerce by
                                              Historic Places.                                        Green, Philip and Louisa, House, 4171 W.
                                                                                                        Belle Place, St. Louis (Independent City),          Edsal Manufacturing Co., Inc., Chicago,
                                              DATES: Comments should be submitted                                                                           Illinois. The Commission scheduled the
                                                                                                        15000761
                                              by October 29, 2015.                                                                                          final phase of the investigations
                                              ADDRESSES: Comments may be sent via                     NEW JERSEY                                            following notification of preliminary
                                              U.S. Postal Service the National Register               Atlantic County                                       determinations by Commerce that
                                              of Historic Places, National Park                       Tofani—DiMuzio House, 12 S. Cambridge
                                                                                                                                                            imports of boltless steel shelving from
                                              Service, 1849 C St. NW., MS 2280,                         Ave., Ventnor, 15000762                             China were subsidized within the
                                              Washington, DC 20240; by all other                                                                            meaning of section 703(b) of the Act (19
                                              carriers, National Register of Historic                 Cumberland County                                     U.S.C. 1671b(b)) and dumped within the
                                              Places, National Park Service, 1201 Eye                 Maurice River Lighthouse and East Point               meaning of 733(b) of the Act (19 U.S.C.
                                              St. NW., 8th floor, Washington, DC                       Archeological District (Boundary Increase),          1673b(b)). Notice of the scheduling of
                                              20005; or by fax, 202–371–6447.                          Address Restricted, Maurice River,                   the final phase of the Commission’s
                                              SUPPLEMENTARY INFORMATION: The
                                                                                                       15000763                                             investigations and of a public hearing to
                                              properties listed in this notice are being              SOUTH DAKOTA                                          be held in connection therewith was
                                              considered for listing or related actions                                                                     given by posting copies of the notice in
                                                                                                      Meade County                                          the Office of the Secretary, U.S.
                                              in the National Register of Historic
                                              Places. Nominations for their                           McMillan, John and Elsie, House, 1611
                                              consideration were received by the                       Davenport, Sturgis, 15000765                           1 The record is defined in sec. 207.2(f) of the

                                                                                                                                                            Commission’s Rules of Practice and Procedure (19
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                                              National Park Service before September                  VIRGINIA                                              CFR 207.2(f)).
                                              19, 2015. Pursuant to section 60.13 of 36                                                                       2 Chairman Meredith M. Broadbent and
                                                                                                      Accomack County
                                              CFR part 60, written comments are                                                                             Commissioner David S. Johanson determined that
                                              being accepted concerning the                           Assateague Beach Coast Guard Station, (U.S.           an industry in the United States was threatened
                                                                                                        Government Lifesaving Stations MPS)                 with material injury by reason of imports of boltless
                                              significance of the nominated properties                                                                      steel shelving that Commerce found to be sold in
                                              under the National Register criteria for                  Beach Rd., Chincoteague, 15000766
                                                                                                                                                            the United States at LTFV and subsidized by the
                                              evaluation.                                               Authority: 60.13 of 36 CFR part 60                  government of China.



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                                              61842                     Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices

                                              International Trade Commission,                         hours (8:45 a.m. to 5:15 p.m.) in the                 reviewed Mar. 18, 2015) (terminating
                                              Washington, DC, and by publishing the                   Office of the Secretary, U.S.                         respondent FreeGo USA by consent
                                              notice in the Federal Register on May                   International Trade Commission, 500 E                 order); 19 (May 4, 2015) (not reviewed
                                              7, 2015 (80 FR 26296). The hearing was                  Street SW., Washington, DC 20436,                     May 20, 2015) (terminating respondent
                                              held in Washington, DC, on August 13,                   telephone (202) 205–2000. General                     Robstep by settlement); 23 (Jun. 19,
                                              2015, and all persons who requested the                 information concerning the Commission                 2015) (not reviewed Jul. 15, 2015)
                                              opportunity were permitted to appear in                 may also be obtained by accessing its                 (terminating respondent INMOTION by
                                              person or by counsel.                                   Internet server at http://www.usitc.gov.              settlement); 24 (Jul. 8, 2015) (not
                                                 The Commission made these                            The public record for this investigation              reviewed Jul. 28, 2015) (terminating
                                              determinations pursuant to sections                     may be viewed on the Commission’s                     respondent Tech in the City by consent
                                              705(b) and 735(b) of the Tariff Act of                  electronic docket (EDIS) at http://                   order); and 27 (Aug. 20, 2015) (not
                                              1930 (19 U.S.C. 1671d(b) and 19 U.S.C.                  edis.usitc.gov. Hearing-impaired                      reviewed Sept. 18, 2015) (terminating
                                              1673d(b)). It completed and filed its                   persons are advised that information on               the Ninebot Respondents by settlement).
                                              determinations in these investigations                  this matter can be obtained by                        The ALJ also issued an ID finding all of
                                              on October 7, 2015. The views of the                    contacting the Commission’s TDD                       the Defaulting Respondents in default.
                                              Commission are contained in USITC                       terminal on (202) 205–1810.                           See ALJ Order No. 20 (May 7, 2015) (not
                                              Publication 4565 (October 2015),                        SUPPLEMENTARY INFORMATION: The                        reviewed May 27, 2015). The sole
                                              entitled Boltless Steel Shelving Units                  Commission instituted this investigation              remaining respondent Roboscooters
                                              Prepackaged for Sale From China:                        under section 337 of the Tariff Act of                participated in a preliminary
                                              Investigation Nos. 701–TA–523 and                       1930, as amended, 19 U.S.C. 1337                      teleconference on December 15, 2014,
                                              731–TA–1259 (Final).                                    (‘‘Section 337’’), on November 10, 2014,              filed an answer to the complaint and
                                                By order of the Commission.                           based on a complaint filed by Segway,                 notice of investigation (Dec. 31, 2014),
                                                                                                      Inc. of Bedford, New Hampshire                        partially responded to one set of
                                                Issued: October 7, 2015.
                                                                                                      (‘‘Segway’’) and DEKA Products Limited                Requests for Document Production, and
                                              Lisa R. Barton,                                                                                               produced a corporate witness for
                                              Secretary to the Commission.                            Partnership of Manchester, New
                                                                                                                                                            deposition on May 6, 2015, but did not
                                                                                                      Hampshire (‘‘DEKA’’) (collectively,
                                              [FR Doc. 2015–26049 Filed 10–13–15; 8:45 am]                                                                  otherwise participate in the
                                                                                                      ‘‘Complainants’’). 79 FR 66739–40 (Nov.
                                              BILLING CODE 7020–02–P                                                                                        investigation.
                                                                                                      10, 2014). The amended complaint, as                     On July 8, 2015, Complainants filed a
                                                                                                      supplemented, alleges violations of                   motion for summary determination of
                                              INTERNATIONAL TRADE                                     Section 337 by reason of infringement of              violation of Section 337 by defaulting
                                              COMMISSION                                              certain claims of U.S. Patent Nos.                    respondents and respondent
                                                                                                      6,789,640 (‘‘the ’640 patent’’); 7,275,607            Roboscooters. The Commission
                                              [Investigation No. 337–TA–935]                          (‘‘the ’607 patent’’); and 8,830,048 (‘‘the           investigative attorney filed a response in
                                                                                                      ’048 patent’’); the claim of U.S. Design              support of the motion. No other
                                              Certain Personal Transporters,                          Patent No. D551,722 (‘‘the ’722 design
                                              Components Thereof, and Manuals                                                                               responses were filed.
                                                                                                      patent’’); the claim of U.S. Design Patent               On August 21, 2015, the ALJ issued
                                              Therefor; Commission Determination                      No. D551,592 (‘‘the ’592 design patent’’);
                                              To Review in Part an Initial                                                                                  an ID (Order No. 28) granting
                                                                                                      and U.S. Copyright Registration No. TX–               Complainants’ motion and making
                                              Determination Granting Complainant’s                    7–800–563 by numerous respondents.
                                              Motion for Summary Determination of                                                                           recommendations regarding remedy and
                                                                                                      Id. In particular, the notice of                      bonding. The ID finds, inter alia, a
                                              Violation of Section 337 and, on                        investigation named the following
                                              Review, To Modify the Initial                                                                                 violation of Section 337 under
                                                                                                      thirteen entities as respondents: Ninebot             subsection 337(g)(2) by reason of
                                              Determination; Request for Written                      Inc., Ninebot (Tianjin) Technology Co.,
                                              Submissions on Remedy, the Public                                                                             infringement of the ’048 patent based on
                                                                                                      Ltd., and PowerUnion (Beijing) Tech Co.               substantial, reliable, and probative
                                              Interest, and Bonding                                   Ltd. (the ‘‘Ninebot Respondents’’);                   evidence. 19 U.S.C. 1337(g)(2). The ID
                                              AGENCY: U.S. International Trade                        Robstep Robot Co., Ltd. (‘‘Robstep’’);                also finds a violation by the defaulting
                                              Commission.                                             Shenzhen INMOTION Technologies Co.,                   respondents and respondent
                                              ACTION: Notice.                                         Ltd. (‘‘INMOTION’’); Tech in the City;                Roboscooters by reason of infringement
                                                                                                      and Freego USA, LLC (‘‘FreeGo USA’’)                  of the ’640 patent, the ’607 patent, the
                                              SUMMARY:   Notice is hereby given that                  (collectively, ‘‘Terminated                           ’722 design patent, the ’592 design
                                              the U.S. International Trade                            Respondents’’); UPTECH Robotics                       patent, and U.S. Copyright Registration
                                              Commission has determined to review                     Technology Co., Ltd. (‘‘UPTECH’’);                    No. TX–7–800–563. No party petitioned
                                              in part an initial determination (‘‘ID’’)               Beijing Universal Pioneering                          for review of the ID.
                                              (Order No. 28) of the presiding                         Technology Co., Ltd. (‘‘U.P.                             The Commission has determined to
                                              administrative law judge (‘‘ALJ’’)                      Technology’’); Beijing Universal                      review the ID in part and, on review, to
                                              granting complainants’ motion for                       Pioneering Robotics Co., Ltd. (‘‘U.P.                 clarify that the authority for the ALJ to
                                              summary determination of violation of                   Robotics’’); FreeGo High-Tech                         draw adverse inferences against
                                              section 337 and, on review, to make                     Corporation Limited (‘‘FreeGo China’’);               respondent Roboscooters for its failures
                                              certain modifications in the ID.                        and EcoBoomer Co. Ltd. (‘‘EcoBoomer’’)                to act during the investigation and find
                                              FOR FURTHER INFORMATION CONTACT:                        (collectively, ‘‘Defaulting                           Roboscooters in violation is found in
                                              Michael Liberman, Esq., Office of the                   Respondents’’); and Roboscooters.com                  Commission Rule 210.17, 19 CFR
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                                              General Counsel, U.S. International                     (‘‘Roboscooters’’). The Commission’s                  210.17. On review, the Commission also
                                              Trade Commission, 500 E Street SW.,                     Office of Unfair Import Investigations                corrects certain apparent typographical
                                              Washington, DC 20436, telephone (202)                   was also named as a party.                            errors. Specifically, in the last paragraph
                                              205–3115. Copies of non-confidential                       In the course of the investigation, the            on page 45, ‘‘Ex. 19’’ should be
                                              documents filed in connection with this                 ALJ issued the following IDs with                     substituted for ‘‘Ex. 9,’’ the ‘‘FreeGo F3’’
                                              investigation are or will be available for              respect to the Terminated Respondents:                should be substituted for the
                                              inspection during official business                     ALJ Order Nos. 13 (Feb. 19, 2015) (not                ‘‘WindRunner G1U.’’ Likewise, we


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Document Created: 2018-02-27 08:49:59
Document Modified: 2018-02-27 08:49:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 61841 

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