80 FR 79094 - Certain Woven Textile Fabrics and Products Containing Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range		79094-79095
FR Document		2015-31839

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 1, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AAVN, Inc. of Richardson, Texas. Supplements were filed on October 9 and 13, 2015. An amended complaint was filed on October 20, 2015. A second amended complaint was filed on November 12, 2015. A further supplementation was filed on December 4, 2015. The second amended complaint 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 woven textile fabrics and products containing same by reason of infringement of certain claims of U.S. Patent No. 9,131,790 (``the '790 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The second amended complaint further alleges violations of section 337 based upon the importation into the United States, the sale for importation into the United States, or in the sale of certain woven textile fabrics and products containing same by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79094-79095]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31839]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-976]


Certain Woven Textile Fabrics and Products Containing Same 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 1, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
AAVN, Inc. of Richardson, Texas. Supplements were filed on October 9 
and 13, 2015. An amended complaint was filed on October 20, 2015. A 
second amended complaint was filed on November 12, 2015. A further 
supplementation was filed on December 4, 2015. The second amended 
complaint 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 woven textile fabrics 
and products containing same by reason of infringement of certain 
claims of U.S. Patent No. 9,131,790 (``the '790 patent''), and that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337. The second amended complaint further alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation into the United States, or in the sale of certain 
woven textile fabrics and products containing same by reason of false 
advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The second amended complaint, except for any confidential 
information contained therein, is available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street SW., Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at http://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2015).

    Scope of Investigation: Having considered the second amended 
complaint, the U.S. International Trade Commission, on December 14, 
2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether:
    (a) There is a violation of subsection (a)(1)(B) of section 337 in 
the

[[Page 79095]]

importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain woven 
textile fabrics and products containing same by reason of infringement 
of one or more of claims 1-7 of the '790 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, or in the sale of 
certain woven textile fabrics and products containing same by reason of 
false advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States; and
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

AAVN, Inc., 1401 North Central Expressway, Suite 370, Richardson, TX 
75080.

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

AQ Textiles, LLC, 7622 Royster Road, Greensboro, NC 27455.
Creative Textile Mills Pvt. Ltd., 115/116, Sun Industrial Estate, Sun 
Mill Compound, Lower Parel (W), Mumbai, Maharashtra 400013, India.
Indo Count Industries Ltd., 301 Arcadia, 3rd Floor, Nariman Point, 
Mumbai 400 021 Maharashtra, India.
Indo Count Global, Inc., 295 Fifth Avenue, Suite 1019, New York, NY 
10016.
GHCL Limited, B-38, Institutional Area, Sector-1, Noida, Uttar Pradesh 
201 301 India.
Grace Home Fashions LLC, 295 Fifth Avenue, Suite 812, New York, NY 
10016.
E & E Company, Ltd., Ghodbunder Road, Waghbil Naka, Thane 400 607 
Maharashtra, India.
E & E Company, Ltd., d/b/a JLA Home, 45875 Northport Loop East, 
Fremont, CA 94538.
Welspun Global Brands Ltd., Welspun City, Village Versamedi, Taluka 
Anjar, District Kutch, Gujarat 370 110, India.
Welspun USA Inc., 295 Fifth Avenue, Suite 1118-1120, New York, NY 
10016.
Elite Home Products, Inc., 95 Mayhill Street, Saddle Brook, NJ 07663.
Pradip Overseas Ltd., 104/105, Chacharwadi, Opp. Zydus Cadilla, Sarkhej 
Bawla Highway, Ahmedabad--382 213, India.
Pacific Coast Textiles, Inc., 12621 Western Avenue, Garden Grove, CA 
92841.
Amrapur Overseas, Inc., 12621 Western Avenue, Garden Grove, CA 92841.
Westport Linens, Inc., 230 5th Avenue # 1611, New York, NY 10001.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the second amended complaint and the notice of 
investigation must be submitted by the named respondents in accordance 
with section 210.13 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), 
such responses will be considered by the Commission if received not 
later than 20 days after the date of service by the Commission of the 
second amended complaint and the notice of investigation. Extensions of 
time for submitting responses to the second amended complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the second amended complaint and in this notice may be 
deemed to constitute a waiver of the right to appear and contest the 
allegations of the second amended complaint and this notice, and to 
authorize the administrative law judge and the Commission, without 
further notice to the respondent, to find the facts to be as alleged in 
the second amended complaint and this notice and to enter an initial 
determination and a final determination containing such findings, and 
may result in the issuance of an exclusion order or a cease and desist 
order or both directed against the respondent.

    By order of the Commission.

    Issued: December 15, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-31839 Filed 12-17-15; 8:45 am]
BILLING CODE 7020-02-P

79094 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

is thereby terminated pursuant to Notice of the institution of the products containing same by reason of
section 733(a)(1) of the Act. Commission’s investigations and of a infringement of certain claims of U.S.
public conference to be held in Patent No. 9,131,790 (‘‘the ’790 patent’’),
Commencement of Final Phase
connection therewith was given by and that an industry in the United
Investigations
posting copies of the notice in the Office States exists as required by subsection
Pursuant to section 207.18 of the of the Secretary, U.S. International (a)(2) of section 337. The second
Commission’s rules, the Commission Trade Commission, Washington, DC, amended complaint further alleges
also gives notice of the commencement and by publishing the notice in the violations of section 337 based upon the
of the final phase of its investigations on Federal Register of November 3, 2015 importation into the United States, the
circular welded carbon-quality steel (80 FR 67790). The conference was held sale for importation into the United
pipe from Oman, Pakistan, the United in Washington, DC, on November 18, States, or in the sale of certain woven
Arab Emirates, and Vietnam. The 2015, and all persons who requested the textile fabrics and products containing
Commission will issue a final phase opportunity were permitted to appear in same by reason of false advertising, the
notice of scheduling, which will be person or by counsel. threat or effect of which is to destroy or
published in the Federal Register as The Commission made these substantially injure an industry in the
provided in section 207.21 of the determinations pursuant to sections United States.
Commission’s rules, upon notice from 703(a) and 733(a) of the Tariff Act of The complainant requests that the
the Department of Commerce 1930 (19 U.S.C. 1671b(a) and 1673b(a)). Commission institute an investigation
(‘‘Commerce’’) of affirmative It completed and filed its and, after the investigation, issue a
preliminary determinations in the determinations in these investigations general exclusion order, or in the
investigations under sections 703(b) or on December 14, 2015. The views of the alternative a limited exclusion order,
733(b) of the Act, or, if the preliminary Commission are contained in USITC and cease and desist orders.
determinations are negative, upon Publication 4586 (December 2015), ADDRESSES: The second amended
notice of affirmative final entitled Circular Welded Carbon- complaint, except for any confidential
determinations in those investigations Quality Steel Pipe from Oman, Pakistan, information contained therein, is
under sections 705(a) or 735(a) of the the Philippines, the United Arab available for inspection during official
Act. Parties that filed entries of Emirates, and Vietnam: Investigation business hours (8:45 a.m. to 5:15 p.m.)
appearance in the preliminary phase of Nos. 701–TA–549 and 731–TA–1299– in the Office of the Secretary, U.S.
the investigations need not enter a 1303 (Preliminary). International Trade Commission, 500 E
separate appearance for the final phase By order of the Commission.
Street SW., Room 112, Washington, DC
of the investigations. Industrial users, 20436, telephone (202) 205–2000.
Issued: December 14, 2015.
and, if the merchandise under Hearing impaired individuals are
Lisa R. Barton, advised that information on this matter
investigation is sold at the retail level,
Secretary to the Commission. can be obtained by contacting the
representative consumer organizations
[FR Doc. 2015–31810 Filed 12–17–15; 8:45 am] Commission’s TDD terminal on (202)
have the right to appear as parties in
Commission antidumping and BILLING CODE 7020–02–P 205–1810. Persons with mobility
countervailing duty investigations. The impairments who will need special
Secretary will prepare a public service assistance in gaining access to the
INTERNATIONAL TRADE Commission should contact the Office
list containing the names and addresses
COMMISSION of the Secretary at (202) 205–2000.
of all persons, or their representatives,
who are parties to the investigations. [Investigation No. 337–TA–976] General information concerning the
Commission may also be obtained by
Background Certain Woven Textile Fabrics and accessing its internet server at http://
On October 28, 2015, Bull Moose Products Containing Same Institution www.usitc.gov. The public record for
Tube Company (Chesterfield, Missouri); of Investigation this investigation may be viewed on the
EXLTUBE (N. Kansas City, Missouri); Commission’s electronic docket (EDIS)
AGENCY: U.S. International Trade
Wheatland Tube, a division of JMC Steel at http://edis.usitc.gov.
Commission.
Group (Chicago, Illinois); and Western FOR FURTHER INFORMATION CONTACT: The
ACTION: Notice.
Tube and Conduit (Long Beach, Office of Unfair Import Investigations,
California) filed a petition with the SUMMARY: Notice is hereby given that a U.S. International Trade Commission,
Commission and Commerce, alleging complaint was filed with the U.S. telephone (202) 205–2560.
that an industry in the United States is International Trade Commission on Authority: The authority for institution of
materially injured and threatened with October 1, 2015, under section 337 of this investigation is contained in section 337
material injury by reason of imports of the Tariff Act of 1930, as amended, 19 of the Tariff Act of 1930, as amended, and
circular welded carbon-quality steel U.S.C. 1337, on behalf of AAVN, Inc. of in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
pipe from Oman, Pakistan, the Richardson, Texas. Supplements were (2015).
Philippines, the United Arab Emirates, filed on October 9 and 13, 2015. An
and Vietnam, that are alleged to be sold amended complaint was filed on Scope of Investigation: Having
in the United States at LTFV and alleged October 20, 2015. A second amended considered the second amended
to be subsidized by the government of complaint was filed on November 12, complaint, the U.S. International Trade
mstockstill on DSK4VPTVN1PROD with NOTICES

Pakistan. Accordingly, effective October 2015. A further supplementation was Commission, on December 14, 2015,
28, 2015, the Commission, pursuant to filed on December 4, 2015. The second ordered that—
sections 703(a) and 733(a) of the Tariff amended complaint alleges violations of (1) Pursuant to subsection (b) of
Act of 1930 (19 U.S.C. 1671b(a) and section 337 based upon the importation section 337 of the Tariff Act of 1930, as
1673b(a)), instituted countervailing duty into the United States, the sale for amended, an investigation be instituted
investigation No. 701–TA–549 and importation, and the sale within the to determine whether:
antidumping duty investigation Nos. United States after importation of (a) There is a violation of subsection
731–TA–1299–1303 (Preliminary). certain woven textile fabrics and (a)(1)(B) of section 337 in the

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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79095

importation into the United States, the Pacific Coast Textiles, Inc., 12621 INTERNATIONAL TRADE
sale for importation, or the sale within Western Avenue, Garden Grove, CA COMMISSION
the United States after importation of 92841.
[Investigation Nos. 701–TA–550 and 731–
certain woven textile fabrics and Amrapur Overseas, Inc., 12621 Western TA–1304–1305 (Preliminary)]
products containing same by reason of Avenue, Garden Grove, CA 92841.
infringement of one or more of claims Certain Iron Mechanical Transfer Drive
1–7 of the ’790 patent, and whether an Westport Linens, Inc., 230 5th Avenue Components From Canada and China
industry in the United States exists as # 1611, New York, NY 10001.
required by subsection (a)(2) of section Determinations
(c) The Office of Unfair Import
337; Investigations, U.S. International Trade On the basis of the record 1 developed
(b) whether there is a violation of Commission, 500 E Street SW., Suite in the subject investigations, the United
subsection (a)(1)(A) of section 337 in the States International Trade Commission
401, Washington, DC 20436; and
importation into the United States, or in (‘‘Commission’’) determines, pursuant
the sale of certain woven textile fabrics (3) For the investigation so instituted, to the Tariff Act of 1930 (‘‘the Act’’),
and products containing same by reason the Chief Administrative Law Judge, that there is a reasonable indication that
of false advertising, the threat or effect U.S. International Trade Commission, an industry in the United States is
of which is to destroy or substantially shall designate the presiding materially injured by reason of imports
injure an industry in the United States; Administrative Law Judge. of certain iron mechanical transfer drive
and Responses to the second amended components (‘‘IMTDCs’’) from Canada
(2) For the purpose of the complaint and the notice of and China, provided for in subheadings
investigation so instituted, the following investigation must be submitted by the 8483.30.80, 8483.50.60, 8483.50.90,
are hereby named as parties upon which named respondents in accordance with 8483.90.30, 8483.90.80, 7325.10.00,
this notice of investigation shall be 7325.99.10, 7326.19.00, 8431.31.00,
section 210.13 of the Commission’s
served: 8431.39.00, and 8483.50.40 of the
Rules of Practice and Procedure, 19 CFR
(a) The complainant is: Harmonized Tariff Schedule of the
210.13. Pursuant to 19 CFR 201.16(e) United States, that are alleged to be sold
AAVN, Inc., 1401 North Central and 210.13(a), such responses will be
Expressway, Suite 370, Richardson, in the United States at less than fair
considered by the Commission if value (‘‘LTFV’’) and that are allegedly
TX 75080.
received not later than 20 days after the subsidized by the government of China.
(b) The respondents are the following date of service by the Commission of the
entities alleged to be in violation of second amended complaint and the Commencement of Final Phase
section 337, and are the parties upon Investigations
notice of investigation. Extensions of
which the complaint is to be served: Pursuant to section 207.18 of the
time for submitting responses to the
AQ Textiles, LLC, 7622 Royster Road, second amended complaint and the Commission’s rules, the Commission
Greensboro, NC 27455. notice of investigation will not be also gives notice of the commencement
Creative Textile Mills Pvt. Ltd., 115/116, of the final phase of its investigations.
granted unless good cause therefor is
Sun Industrial Estate, Sun Mill The Commission will issue a final phase
shown.
Compound, Lower Parel (W), notice of scheduling, which will be
Mumbai, Maharashtra 400013, India. Failure of a respondent to file a timely published in the Federal Register as
Indo Count Industries Ltd., 301 Arcadia, response to each allegation in the provided in section 207.21 of the
3rd Floor, Nariman Point, Mumbai second amended complaint and in this Commission’s rules, upon notice from
400 021 Maharashtra, India. notice may be deemed to constitute a the Department of Commerce
Indo Count Global, Inc., 295 Fifth waiver of the right to appear and contest (‘‘Commerce’’) of affirmative
Avenue, Suite 1019, New York, NY the allegations of the second amended preliminary determinations in the
10016. complaint and this notice, and to investigations under sections 703(b) or
GHCL Limited, B–38, Institutional Area, authorize the administrative law judge 733(b) of the Act, or, if the preliminary
Sector-1, Noida, Uttar Pradesh 201 and the Commission, without further determinations are negative, upon
301 India. notice to the respondent, to find the notice of affirmative final
Grace Home Fashions LLC, 295 Fifth facts to be as alleged in the second determinations in those investigations
Avenue, Suite 812, New York, NY amended complaint and this notice and under sections 705(a) or 735(a) of the
10016. to enter an initial determination and a Act. Parties that filed entries of
E & E Company, Ltd., Ghodbunder appearance in the preliminary phase of
final determination containing such
Road, Waghbil Naka, Thane 400 607 the investigations need not enter a
findings, and may result in the issuance
Maharashtra, India. separate appearance for the final phase
E & E Company, Ltd., d/b/a JLA Home, of an exclusion order or a cease and
desist order or both directed against the of the investigations. Industrial users,
45875 Northport Loop East, Fremont, and, if the merchandise under
CA 94538. respondent.
investigation is sold at the retail level,
Welspun Global Brands Ltd., Welspun By order of the Commission. representative consumer organizations
City, Village Versamedi, Taluka Anjar, Issued: December 15, 2015. have the right to appear as parties in
District Kutch, Gujarat 370 110, India. Lisa R. Barton, Commission antidumping and
Welspun USA Inc., 295 Fifth Avenue, countervailing duty investigations. The
Secretary to the Commission.
mstockstill on DSK4VPTVN1PROD with NOTICES

Suite 1118–1120, New York, NY Secretary will prepare a public service
10016. [FR Doc. 2015–31839 Filed 12–17–15; 8:45 am]
list containing the names and addresses
Elite Home Products, Inc., 95 Mayhill BILLING CODE 7020–02–P
of all persons, or their representatives,
Street, Saddle Brook, NJ 07663. who are parties to the investigations.
Pradip Overseas Ltd., 104/105,
Chacharwadi, Opp. Zydus Cadilla, 1 The record is defined in sec. 207.2(f) of the
Sarkhej Bawla Highway, Commission’s Rules of Practice and Procedure (19
Ahmedabad—382 213, India. CFR 207.2(f)).

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Document Created: 2015-12-18 01:39:07
Document Modified: 2015-12-18 01:39:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		80 FR 79094