81_FR_43368 81 FR 43241 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

81 FR 43241 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43241-43242
FR Document2016-15702

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Hand Dryers and Housings for Hand Dryers, DN 3159; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016) 
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43241-43242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15702]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Hand Dryers and 
Housings for Hand Dryers, DN 3159; the Commission is soliciting 
comments on any public interest issues raised by the complaint or 
complainant's filing under section 210.8(b) of the Commission's Rules 
of Practice and Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at EDIS,\1\ and 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.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Excel Dryer, Inc. on June 24, 
2016. The complaint alleges violations of section 337 of the Tariff Act 
of 1930 (19 U.S.C. 1337) in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain hand dryers and housings for hand dryers. The 
complaint names as respondents ACL Group (Intl.) Ltd. of the United 
Kingdom; Alpine Industries Inc. of Irvington, NJ; FactoryDirectSale of 
Ontario, CA; Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of China; 
Jinhua Kingwe Electrical Co. Ltd. (a/k/a Kingwe) of China; Penson & Co. 
of China; Taizhou Dihour Electrical Appliances Co. Ltd. (a/k/a Dihour) 
of China; TC Bunny Co., Ltd. of China; Toolsempire of Ontario, CA; US 
Air Hand Dryer of Sacremento, CA; Vinovo Sovereign Industrial Jiaxing 
Co. Ltd of China; and Zhejiang Aike Appliance Co., Ltd. of China. The 
complainant requests that the Commission issue a general exclusion 
order, a cease and desist order and impose a bond upon respondents' 
alleged infringing articles during the 60-day Presidential review 
period pursuant to 19 U.S.C. Sec.  1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the

[[Page 43242]]

United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3159'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \4\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    Issued: June 28, 2016.

    By order of the Commission.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15702 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P

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. VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1

43242 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices United States, or United States treated accordingly. All nonconfidential SUPPLEMENTARY INFORMATION: The consumers. written submissions will be available for Commission instituted the original In particular, the Commission is public inspection at the Office of the investigation on September 9, 2014, interested in comments that: Secretary and on EDIS.5 based on a complaint filed by Adrian (i) Explain how the articles This action is taken under the Rivera and Adrian Rivera Maynez potentially subject to the requested authority of section 337 of the Tariff Act Enterprises, Inc. (collectively, ‘‘ARM’’). remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), 79 FR 53445–46 (Mar. 24, 2016). The States; and of sections 201.10 and 210.8(c) of complaint alleged violations of section (ii) identify any public health, safety, the Commission’s Rules of Practice and 337 of the Tariff Act of 1930, as or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). amended, 19 U.S.C. 1337, in the relating to the requested remedial Issued: June 28, 2016. importation into the United States, the orders; sale for importation, and the sale within By order of the Commission. (iii) identify like or directly the United States after importation of competitive articles that complainant, Lisa R. Barton, certain beverage brewing capsules, its licensees, or third parties make in the Secretary to the Commission. components thereof, and products United States which could replace the [FR Doc. 2016–15702 Filed 6–30–16; 8:45 am] containing the same, by reason of subject articles if they were to be BILLING CODE 7020–02–P infringement of claims 5–8 and 18–20 of excluded; U.S. Patent No. 8,720,320 (‘‘the ’320 (iv) indicate whether complainant, patent’’). Id. The notice of institution of complainant’s licensees, and/or third INTERNATIONAL TRADE the investigation named as respondents party suppliers have the capacity to COMMISSION Solofill, LLC (‘‘Solofill’’); DongGuan Hai replace the volume of articles [Investigation No. 337–TA–929 Rui Precision Mould Co., Ltd. potentially subject to the requested (Enforcement Proceeding)] (‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko exclusion order and/or a cease and Brands’’); Evermuch Technology Co., desist order within a commercially Certain Beverage Brewing Capsules, Ltd. and Ever Much Company Ltd. reasonable time; and Components Thereof, and Products (together, ‘‘Evermuch’’); and several (v) explain how the requested Containing the Same; Notice of additional respondents who were remedial orders would impact United Institution of Formal Enforcement terminated by reason of consent order or States consumers. Proceeding settlement. 79 FR 53445. The Office of Written submissions must be filed no Unfair Import Investigations (‘‘OUII’’) later than by close of business, eight AGENCY: U.S. International Trade was also named as a party to the calendar days after the date of Commission. investigation. Id. The Commission publication of this notice in the Federal ACTION: Notice. found Eko Brands and Evermuch in Register. There will be further default for failure to respond to the opportunities for comment on the SUMMARY: Notice is hereby given that complaint and notice of investigation. public interest after the issuance of any the U.S. International Trade Notice (May 18, 2015). final initial determination in this Commission has instituted a formal On March 17, 2016, the Commission investigation. enforcement proceeding relating to found no violation of section 337 by Persons filing written submissions March 17, 2016 limited exclusion order Solofill and DongGuan because claims must file the original document and cease and desist order issued in the 5–7, 18, and 20 were invalid for a lack electronically on or before the deadlines above-referenced investigation. of written description and claims 5 and stated above and submit 8 true paper FOR FURTHER INFORMATION CONTACT: 6 were invalid as anticipated. 81 FR copies to the Office of the Secretary by Robert J. Needham, Office of the General 15742–43. The Commission, however, noon the next day pursuant to section Counsel, U.S. International Trade presumed that the allegations were true 210.4(f) of the Commission’s Rules of Commission, 500 E Street, SW., with respect to the remaining Practice and Procedure (19 CFR Washington, DC 20436, telephone (202) allegations against the defaulted parties 210.4(f)). Submissions should refer to 205–3438. Copies of non-confidential Eko Brands and Evermuch, and thus the docket number (‘‘Docket No. 3159’’) documents filed in connection with this concluded that they violated section 337 in a prominent place on the cover page investigation are or will be available for with respect to claims 8 and 19. Id. at and/or the first page. (See Handbook for inspection during official business 15743. The Commission issued a Electronic Filing Procedures, Electronic hours (8:45 a.m. to 5:15 p.m.) in the limited exclusion order prohibiting Eko Filing Procedures 4). Persons with Office of the Secretary, U.S. Brands and Evermuch from importing questions regarding filing should International Trade Commission, 500 E certain beverage brewing capsules, contact the Secretary (202–205–2000). Street, SW., Washington, DC 20436, components thereof, and products Any person desiring to submit a telephone (202) 205–2000. General containing the same that infringed document to the Commission in information concerning the Commission claims 8 or 19 of the ’320 patent. Id. The confidence must request confidential may also be obtained by accessing its Commission also issued cease and treatment. All such requests should be Internet server (http://www.usitc.gov). desist orders against Eko Brands and directed to the Secretary to the The public record for this investigation Evermuch prohibiting the sale and Commission and must include a full may be viewed on the Commission’s distribution within the United States of asabaliauskas on DSK3SPTVN1PROD with NOTICES statement of the reasons why the electronic docket (EDIS) at http:// articles that infringe claims 8 or 19. Id. Commission should grant such edis.usitc.gov. Hearing-impaired On June 1, 2016, ARM filed a treatment. See 19 CFR 201.6. Documents persons are advised that information on complaint requesting that the for which confidential treatment by the this matter can be obtained by Commission institute a formal Commission is properly sought will be contacting the Commission’s TDD enforcement proceeding under terminal on (202) 205–1810. Commission Rule 210.75(b) to 4 Handbook for Electronic Filing Procedures: investigate alleged violations of the http://www.usitc.gov/secretary/fed_reg_notices/ 5 Electronic Document Information System limited exclusion order and the cease rules/handbook_on_electronic_filing.pdf. (EDIS): http://edis.usitc.gov. and desist order against Eko Brands by VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1


Document Created: 2016-07-14 11:37:54
Document Modified: 2016-07-14 11:37:54
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
ActionNotice.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and 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.
FR Citation81 FR 43241 
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