81 FR 43240 - Certain Windshield Wipers and Components Thereof; Commission Determination To Grant the Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 127 (July 1, 2016)
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43240-43241 | |
| FR Document | 2016-15611 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Notices] [Pages 43240-43241] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15611] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-928; Investigation No. 337-TA-937 (Consolidated)] Certain Windshield Wipers and Components Thereof; Commission Determination To Grant the Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion to terminate the above-referenced investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (202) 205-2000. General [[Page 43241]] 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. 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 investigation No. 337-TA-928, Certain Windshield Wipers and Components Thereof, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), on September 2, 2014, based on a complaint filed by Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, ``Valeo''). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,891,044 (``the `044 patent''); 7,937,798 (``the `798 patent''); and 8,220,106 by Federal-Mogul Corp. of Southfield, Michigan, Federal-Mogul Vehicle Component Solutions, Inc. of Southfield, Michigan, and Federal-Mogul S.A. of Aubange, Belgium (collectively, ``Federal-Mogul''). 79 FR 52041-42 (Sep. 2, 2014). On October 15, 2014, Valeo filed another complaint, against Trico Products Corporation of Rochester Hills, Michigan; Trico Products of Brownsville, Texas; and Trico Componentes SA de CV of Tamaulipas, Mexico (collectively, ``Trico,'' Respondent, or Respondents), asserting a violation of section 337(a)(1)(B) by reason of infringement of one or more claims of the '044 patent and the '798 patent. On November 21, 2014, the Commission instituted Investigation No. 337-TA-937, Certain Windshield Wipers and Components Thereof, based on this complaint filed by Valeo against Trico. 79 FR 69525-26 (Nov. 21, 2014). Subsequently, the two investigations were consolidated. Order No. 8, Inv. No. 337-TA- 928 (Dec. 9, 2014). The Office of Unfair Import Investigations (``OUII'') is not participating in this investigation. On May 19, 2015, Valeo and Federal-Mogul reached a settlement agreement and filed a joint motion to terminate the Federal-Mogul respondents from the consolidated investigation, which was granted on June 5, 2015. See ALJ Order No. 24, Inv. No. 337-TA-928 (June 5, 2015) (not reviewed June 29, 2015). On May 27, 2016, Valeo and Trico filed a joint motion to terminate the investigation on the basis of a settlement agreement. On June 10, 2016, the Commission extended the target date for completion of this investigation to June 30, 2016. Having examined the joint motion, the settlement agreement, and the record of this investigation, the Commission has determined to grant the joint motion to terminate the investigation and finds the motion in compliance with Commission rule 210.21(b). The Commission finds, pursuant to Commission rule 210.50(b)(2), that this termination will not prejudice the public interest. 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: June 27, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-15611 Filed 6-30-16; 8:45 am] BILLING CODE P
![43240 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices
(report quantity data in short tons and Merchandise imported from each markets or changes in market demand
value data in U.S. dollars, f.o.b. plant). Subject Country; and abroad). Demand conditions to consider
If you are a union/worker group or (c) the quantity and value (f.o.b. U.S. include end uses and applications; the
trade/business association, provide the port, including antidumping and/or existence and availability of substitute
information, on an aggregate basis, for countervailing duties) of U.S. internal products; and the level of competition
the firms in which your workers are consumption/company transfers of among the Domestic Like Product
employed/which are members of your Subject Merchandise imported from produced in the United States, Subject
association. each Subject Country. Merchandise produced in each Subject
(a) Production (quantity) and, if (11) If you are a producer, an exporter, Country, and such merchandise from
known, an estimate of the percentage of or a trade/business association of other countries.
total U.S. production of the Domestic producers or exporters of the Subject (13) (Optional) A statement of
Like Product accounted for by your Merchandise in any Subject Country, whether you agree with the above
firm’s(s’) production; provide the following information on definitions of the Domestic Like Product
(b) Capacity (quantity) of your firm to your firm’s(s’) operations on that and Domestic Industry; if you disagree
produce the Domestic Like Product (i.e., product during calendar year 2015 with either or both of these definitions,
the level of production that your (report quantity data in short tons and please explain why and provide
establishment(s) could reasonably have value data in U.S. dollars, landed and alternative definitions.
expected to attain during the year, duty-paid at the U.S. port but not
including antidumping or Authority: This proceeding is being
assuming normal operating conditions conducted under authority of Title VII of the
(using equipment and machinery in countervailing duties). If you are a Tariff Act of 1930; this notice is published
place and ready to operate), normal trade/business association, provide the pursuant to section 207.61 of the
operating levels (hours per week/weeks information, on an aggregate basis, for Commission’s rules.
per year), time for downtime, the firms which are members of your
By order of the Commission.
maintenance, repair, and cleanup, and a association.
(a) Production (quantity) and, if Issued: June 24, 2016.
typical or representative product mix); Lisa R. Barton,
known, an estimate of the percentage of
(c) the quantity and value of U.S. total production of Subject Merchandise Secretary to the Commission.
commercial shipments of the Domestic in each Subject Country accounted for [FR Doc. 2016–15369 Filed 6–30–16; 8:45 am]
Like Product produced in your U.S. by your firm’s(s’) production; BILLING CODE 7020–02–P
plant(s); (b) Capacity (quantity) of your firm(s)
(d) the quantity and value of U.S. to produce the Subject Merchandise in
internal consumption/company each Subject Country (i.e., the level of INTERNATIONAL TRADE
transfers of the Domestic Like Product production that your establishment(s) COMMISSION
produced in your U.S. plant(s); and could reasonably have expected to
(e) the value of (i) net sales, (ii) cost [Investigation No. 337–TA–928;
attain during the year, assuming normal
of goods sold (COGS), (iii) gross profit, Investigation No. 337–TA–937
operating conditions (using equipment (Consolidated)]
(iv) selling, general and administrative and machinery in place and ready to
(SG&A) expenses, and (v) operating operate), normal operating levels (hours Certain Windshield Wipers and
income of the Domestic Like Product per week/weeks per year), time for Components Thereof; Commission
produced in your U.S. plant(s) (include downtime, maintenance, repair, and Determination To Grant the Joint
both U.S. and export commercial sales, cleanup, and a typical or representative Motion To Terminate the Investigation
internal consumption, and company product mix); and on the Basis of a Settlement
transfers) for your most recently (c) the quantity and value of your Agreement; Termination of
completed fiscal year (identify the date firm’s(s’) exports to the United States of Investigation
on which your fiscal year ends). Subject Merchandise and, if known, an
(10) If you are a U.S. importer or a estimate of the percentage of total AGENCY: U.S. International Trade
trade/business association of U.S. exports to the United States of Subject Commission.
importers of the Subject Merchandise Merchandise from each Subject Country ACTION: Notice.
from any Subject Country, provide the accounted for by your firm’s(s’) exports.
following information on your firm’s(s’) (12) Identify significant changes, if SUMMARY: Notice is hereby given that
operations on that product during any, in the supply and demand the U.S. International Trade
calendar year 2015 (report quantity data conditions or business cycle for the Commission has determined to grant the
in short tons and value data in U.S. Domestic Like Product that have joint motion to terminate the above-
dollars). If you are a trade/business occurred in the United States or in the referenced investigation based on a
association, provide the information, on market for the Subject Merchandise in settlement agreement.
an aggregate basis, for the firms which each Subject Country after 2010, and FOR FURTHER INFORMATION CONTACT:
are members of your association. significant changes, if any, that are Michael Liberman, Esq., Office of the
(a) The quantity and value (landed, likely to occur within a reasonably General Counsel, U.S. International
duty-paid but not including foreseeable time. Supply conditions to Trade Commission, 500 E Street SW.,
antidumping or countervailing duties) consider include technology; Washington, DC 20436, telephone (202)
of U.S. imports and, if known, an production methods; development 205–3115. Copies of non-confidential
asabaliauskas on DSK3SPTVN1PROD with NOTICES
estimate of the percentage of total U.S. efforts; ability to increase production documents filed in connection with this
imports of Subject Merchandise from (including the shift of production investigation are or will be available for
each Subject Country accounted for by facilities used for other products and the inspection during official business
your firm’s(s’) imports; use, cost, or availability of major inputs hours (8:45 a.m. to 5:15 p.m.) in the
(b) the quantity and value (f.o.b. U.S. into production); and factors related to Office of the Secretary, U.S.
port, including antidumping and/or the ability to shift supply among International Trade Commission, 500 E
countervailing duties) of U.S. different national markets (including Street SW., Washington, DC 20436,
commercial shipments of Subject barriers to importation in foreign telephone (202) 205–2000. General
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 43241
information concerning the Commission completion of this investigation to June General information concerning the
may also be obtained by accessing its 30, 2016. Commission may also be obtained by
Internet server at http://www.usitc.gov. Having examined the joint motion, accessing its Internet server at United
The public record for this investigation the settlement agreement, and the States International Trade Commission
may be viewed on the Commission’s record of this investigation, the (USITC) at USITC.2 The public record
electronic docket (EDIS) at http:// Commission has determined to grant the for this investigation may be viewed on
edis.usitc.gov. Hearing-impaired joint motion to terminate the the Commission’s Electronic Document
persons are advised that information on investigation and finds the motion in Information System (EDIS) at EDIS.3
this matter can be obtained by compliance with Commission rule Hearing-impaired persons are advised
contacting the Commission’s TDD 210.21(b). The Commission finds, that information on this matter can be
terminal on (202) 205–1810. pursuant to Commission rule obtained by contacting the
SUPPLEMENTARY INFORMATION: The 210.50(b)(2), that this termination will Commission’s TDD terminal on (202)
Commission instituted investigation No. not prejudice the public interest. 205–1810.
337–TA–928, Certain Windshield The authority for the Commission’s SUPPLEMENTARY INFORMATION: The
Wipers and Components Thereof, under determination is contained in section Commission has received a complaint
section 337 of the Tariff Act of 1930, as 337 of the Tariff Act of 1930, as and a submission pursuant to section
amended, 19 U.S.C. 1337 (‘‘section amended (19 U.S.C. 1337), and in Part 210.8(b) of the Commission’s Rules of
337’’), on September 2, 2014, based on 210 of the Commission’s Rules of Practice and Procedure filed on behalf
a complaint filed by Valeo North Practice and Procedure (19 CFR part of Excel Dryer, Inc. on June 24, 2016.
America, Inc. of Troy, MI, and Delmex 210). The complaint alleges violations of
de Juarez S. de R.L. de C.V. of Mexico By order of the Commission. section 337 of the Tariff Act of 1930 (19
(collectively, ‘‘Valeo’’). The complaint Issued: June 27, 2016. U.S.C. 1337) in the importation into the
alleges a violation of section 337 by Lisa R. Barton, United States, the sale for importation,
reason of infringement of certain claims and the sale within the United States
Secretary to the Commission.
of U.S. Patent Nos. 7,891,044 (‘‘the ‘044 after importation of certain hand dryers
[FR Doc. 2016–15611 Filed 6–30–16; 8:45 am]
patent’’); 7,937,798 (‘‘the ‘798 patent’’); and housings for hand dryers. The
BILLING CODE P
and 8,220,106 by Federal-Mogul Corp. complaint names as respondents ACL
of Southfield, Michigan, Federal-Mogul Group (Intl.) Ltd. of the United
Vehicle Component Solutions, Inc. of Kingdom; Alpine Industries Inc. of
INTERNATIONAL TRADE
Southfield, Michigan, and Federal- Irvington, NJ; FactoryDirectSale of
COMMISSION
Mogul S.A. of Aubange, Belgium Ontario, CA; Fujian Oryth Industrial
(collectively, ‘‘Federal-Mogul’’). 79 FR Notice of Receipt of Complaint; Co., Ltd. (a/k/a Oryth) of China; Jinhua
52041–42 (Sep. 2, 2014). Solicitation of Comments Relating to Kingwe Electrical Co. Ltd. (a/k/a
On October 15, 2014, Valeo filed the Public Interest Kingwe) of China; Penson & Co. of
another complaint, against Trico China; Taizhou Dihour Electrical
Products Corporation of Rochester Hills, AGENCY: U.S. International Trade Appliances Co. Ltd. (a/k/a Dihour) of
Michigan; Trico Products of Commission. China; TC Bunny Co., Ltd. of China;
Brownsville, Texas; and Trico ACTION: Notice. Toolsempire of Ontario, CA; US Air
Componentes SA de CV of Tamaulipas, Hand Dryer of Sacremento, CA; Vinovo
Mexico (collectively, ‘‘Trico,’’ SUMMARY: Notice is hereby given that Sovereign Industrial Jiaxing Co. Ltd of
Respondent, or Respondents), asserting the U.S. International Trade China; and Zhejiang Aike Appliance
a violation of section 337(a)(1)(B) by Commission has received a complaint Co., Ltd. of China. The complainant
reason of infringement of one or more entitled Certain Hand Dryers and requests that the Commission issue a
claims of the ’044 patent and the ’798 Housings for Hand Dryers, DN 3159; the general exclusion order, a cease and
patent. On November 21, 2014, the Commission is soliciting comments on desist order and impose a bond upon
Commission instituted Investigation No. any public interest issues raised by the respondents’ alleged infringing articles
337–TA–937, Certain Windshield complaint or complainant’s filing under during the 60-day Presidential review
Wipers and Components Thereof, based section 210.8(b) of the Commission’s period pursuant to 19 U.S.C. § 1337(j).
on this complaint filed by Valeo against Rules of Practice and Procedure (19 CFR
Proposed respondents, other
Trico. 79 FR 69525–26 (Nov. 21, 2014). 210.8(b)).
interested parties, and members of the
Subsequently, the two investigations FOR FURTHER INFORMATION CONTACT: Lisa public are invited to file comments, not
were consolidated. Order No. 8, Inv. No. R. Barton, Secretary to the Commission, to exceed five (5) pages in length,
337–TA–928 (Dec. 9, 2014). The Office U.S. International Trade Commission, inclusive of attachments, on any public
of Unfair Import Investigations (‘‘OUII’’) 500 E Street SW., Washington, DC interest issues raised by the complaint
is not participating in this investigation. 20436, telephone (202) 205–2000. The or section 210.8(b) filing. Comments
On May 19, 2015, Valeo and Federal- public version of the complaint can be should address whether issuance of the
Mogul reached a settlement agreement accessed on the Commission’s relief specifically requested by the
and filed a joint motion to terminate the Electronic Document Information complainant in this investigation would
Federal-Mogul respondents from the System (EDIS) at EDIS,1 and will be affect the public health and welfare in
consolidated investigation, which was
asabaliauskas on DSK3SPTVN1PROD with NOTICES
available for inspection during official the United States, competitive
granted on June 5, 2015. See ALJ Order business hours (8:45 a.m. to 5:15 p.m.) conditions in the United States
No. 24, Inv. No. 337–TA–928 (June 5, in the Office of the Secretary, U.S. economy, the production of like or
2015) (not reviewed June 29, 2015). International Trade Commission, 500 E directly competitive articles in the
On May 27, 2016, Valeo and Trico Street SW., Washington, DC 20436,
filed a joint motion to terminate the telephone (202) 205–2000. 2 United States International Trade Commission
investigation on the basis of a settlement (USITC): http://edis.usitc.gov.
agreement. On June 10, 2016, the 1 Electronic Document Information System 3 Electronic Document Information System
Commission extended the target date for (EDIS): http://edis.usitc.gov. (EDIS): http://edis.usitc.gov.
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Document Created: 2016-07-14 11:37:08
Document Modified: 2016-07-14 11:37:08
| 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 | Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. | |
| FR Citation | 81 FR 43240 |
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