81 FR 50549 - Certain Hand Dryers and Housings for Hand Dryers: Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 147 (August 1, 2016)
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50549-50550 | |
| FR Document | 2016-18073 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Notices] [Pages 50549-50550] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18073] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1015] Certain Hand Dryers and Housings for Hand Dryers: 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. [[Page 50550]] International Trade Commission on June 24, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Excel Dryer, Inc. of East Longmeadow, Massachusetts. A supplement to the complaint was filed on July 14, 2016. The complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain hand dryers and housings for hand dryers by reason of trade dress infringement, 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 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. SUPPLEMENTARY INFORMATION: 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 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 26, 2016, 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 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 hand dryers and housings for hand dryers by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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: Excel Dryer, Inc., 357 Chestnut Street, East Longmeadow, MA 01028 (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: ACL Group (Intl.) Ltd., Hill Farm, Sleep Hill Lane, Skelbrooke, Doncaster DN6 8LZ, United Kingdom Alpine Industries Inc., 27 Selvage Street, Irvington, New Jersey 07111 FactoryDirectSale, 3900 E. Philadelphia Street, Ontario, CA 91761 Fujian Oryth Industrial Co., Ltd., (a/k/a Oryth), No.863 Xiahe Road, Siming District, Xiamen, Fujian, 361006, China Jinhua Kingwe Electrical Co. Ltd., (a/k/a Kingwe), No. 1600, West Wujiang Road, Jinhua City, Zhejiang Province, 321018, China Penson & Co., Room 1011, N 218 Hengfeng Road, Zhabei District, Shanghai, China Taizhou Dihour Electrical Appliances Co., Ltd., a/k/a Dihour, North Dashi Class I Highway, Daxi Town, Wenling City, ZheJiang Province 317525, China TC Bunny Co., Ltd., Room 201, Building 418, Madang Road, Shanghai, China Toolsempire, 3900 E. Philadelphia Street, Ontario, CA 91761 US Air Hand Dryer, c/o Kristen Nguyen, 9221 Rose Parade Way, Sacramento, CA 95826 Sovereign Industrial (Jiaxing) Co. Ltd., d/b/a Vinovo, No. 111 Xiuxin Road, Xiuzhou Industrial Park, Jiaxing Zhejiang Jiaxing 314000, China Zhejiang Aike Appliance Co., Ltd., Yong'an Industry Park, Xianju, Taizhou, Zhejiang, China (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 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 complaint and the notice of investigation. Extensions of time for submitting responses to the 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 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the 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 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: July 26, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-18073 Filed 7-29-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices 50549
known related parties and the nature of internal consumption, and company Subject Merchandise and, if known, an
the relationship as defined in section transfers) for your most recently estimate of the percentage of total
771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date exports to the United States of Subject
1677(4)(B)). on which your fiscal year ends). Merchandise from the Subject Country
(6) A list of all known and currently (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports.
operating U.S. importers of the Subject trade/business association of U.S. (12) Identify significant changes, if
Merchandise and producers of the importers of the Subject Merchandise any, in the supply and demand
Subject Merchandise in the Subject from the Subject Country, provide the conditions or business cycle for the
Country that currently export or have following information on your firm’s(s’) Domestic Like Product that have
exported Subject Merchandise to the operations on that product during occurred in the United States or in the
United States or other countries after calendar year 2015 (report quantity data market for the Subject Merchandise in
2010. in pounds and value data in U.S. the Subject Country after 2010, and
(7) A list of 3–5 leading purchasers in dollars). If you are a trade/business significant changes, if any, that are
the U.S. market for the Domestic Like association, provide the information, on likely to occur within a reasonably
Product and the Subject Merchandise an aggregate basis, for the firms which foreseeable time. Supply conditions to
(including street address, World Wide are members of your association. consider include technology;
Web address, and the name, telephone (a) The quantity and value (landed, production methods; development
number, fax number, and Email address duty-paid but not including efforts; ability to increase production
of a responsible official at each firm). antidumping duties) of U.S. imports (including the shift of production
(8) A list of known sources of and, if known, an estimate of the facilities used for other products and the
information on national or regional percentage of total U.S. imports of use, cost, or availability of major inputs
prices for the Domestic Like Product or Subject Merchandise from the Subject into production); and factors related to
the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) the ability to shift supply among
other markets. imports; different national markets (including
(9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign
Domestic Like Product, provide the port, including antidumping duties) of markets or changes in market demand
following information on your firm’s U.S. commercial shipments of Subject abroad). Demand conditions to consider
operations on that product during Merchandise imported from the Subject include end uses and applications; the
calendar year 2015, except as noted Country; and existence and availability of substitute
(report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. products; and the level of competition
value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product
If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject
trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject
information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from
the firms in which your workers are (11) If you are a producer, an exporter, other countries.
employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of
association. producers or exporters of the Subject whether you agree with the above
(a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product
known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree
total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions,
Like Product accounted for by your product during calendar year 2015 please explain why and provide
firm’s(s’) production; (report quantity data in pounds and alternative definitions.
(b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and Authority: This proceeding is being
produce the Domestic Like Product (i.e., duty-paid at the U.S. port but not conducted under authority of title VII of the
the level of production that your including antidumping duties). If you Tariff Act of 1930; this notice is published
establishment(s) could reasonably have are a trade/business association, provide pursuant to § 207.61 of the Commission’s
expected to attain during the year, the information, on an aggregate basis, rules.
assuming normal operating conditions for the firms which are members of your By order of the Commission.
(using equipment and machinery in association. Issued: July 21, 2016.
place and ready to operate), normal (a) Production (quantity) and, if Lisa R. Barton,
operating levels (hours per week/weeks known, an estimate of the percentage of Secretary to the Commission.
per year), time for downtime, total production of Subject Merchandise
[FR Doc. 2016–17679 Filed 7–29–16; 8:45 am]
maintenance, repair, and cleanup, and a in the Subject Country accounted for by
BILLING CODE 7020–02–P
typical or representative product mix); your firm’s(s’) production;
(c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s)
commercial shipments of the Domestic to produce the Subject Merchandise in
INTERNATIONAL TRADE
Like Product produced in your U.S. the Subject Country (i.e., the level of
COMMISSION
plant(s); production that your establishment(s)
(d) the quantity and value of U.S. could reasonably have expected to [Investigation No. 337–TA–1015]
internal consumption/company attain during the year, assuming normal
transfers of the Domestic Like Product operating conditions (using equipment Certain Hand Dryers and Housings for
Hand Dryers: Institution of
sradovich on DSK3GMQ082PROD with NOTICES
produced in your U.S. plant(s); and and machinery in place and ready to
(e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours Investigation
of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for AGENCY: U.S. International Trade
(iv) selling, general and administrative downtime, maintenance, repair, and Commission.
(SG&A) expenses, and (v) operating cleanup, and a typical or representative ACTION: Notice.
income of the Domestic Like Product product mix); and
produced in your U.S. plant(s) (include (c) the quantity and value of your SUMMARY: Notice is hereby given that a
both U.S. and export commercial sales, firm’s(s’) exports to the United States of complaint was filed with the U.S.
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![50550 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices
International Trade Commission on June hand dryers and housings for hand Procedure, 19 CFR 210.13. Pursuant to
24, 2016, under section 337 of the Tariff dryers by reason of trade dress 19 CFR 201.16(e) and 210.13(a), such
Act of 1930, as amended, 19 U.S.C. infringement, the threat or effect of responses will be considered by the
1337, on behalf of Excel Dryer, Inc. of which is to destroy or substantially Commission if received not later than 20
East Longmeadow, Massachusetts. A injure an industry in the United States; days after the date of service by the
supplement to the complaint was filed (2) For the purpose of the Commission of the complaint and the
on July 14, 2016. The complaint alleges investigation so instituted, the following notice of investigation. Extensions of
violations of section 337 based upon the are hereby named as parties upon which time for submitting responses to the
importation into the United States, or in this notice of investigation shall be complaint and the notice of
the sale of certain hand dryers and served: investigation will not be granted unless
housings for hand dryers by reason of (a) The complainant is: good cause therefor is shown.
trade dress infringement, the threat or Excel Dryer, Inc., 357 Chestnut Street, Failure of a respondent to file a timely
effect of which is to destroy or East Longmeadow, MA 01028 response to each allegation in the
substantially injure an industry in the (b) The respondents are the following complaint and in this notice may be
United States. entities alleged to be in violation of deemed to constitute a waiver of the
The complainant requests that the section 337, and are the parties upon right to appear and contest the
Commission institute an investigation which the complaint is to be served: allegations of the complaint and this
and, after the investigation, issue a notice, and to authorize the
ACL Group (Intl.) Ltd., Hill Farm, Sleep
general exclusion order, or in the administrative law judge and the
Hill Lane, Skelbrooke, Doncaster DN6
alternative a limited exclusion order, Commission, without further notice to
8LZ, United Kingdom
and cease and desist orders. the respondent, to find the facts to be as
Alpine Industries Inc., 27 Selvage
ADDRESSES: The complaint, except for Street, Irvington, New Jersey 07111 alleged in the complaint and this notice
any confidential information contained FactoryDirectSale, 3900 E. Philadelphia and to enter an initial determination
therein, is available for inspection Street, Ontario, CA 91761 and a final determination containing
during official business hours (8:45 a.m. Fujian Oryth Industrial Co., Ltd., (a/k/a such findings, and may result in the
to 5:15 p.m.) in the Office of the Oryth), No.863 Xiahe Road, Siming issuance of an exclusion order or a cease
Secretary, U.S. International Trade District, Xiamen, Fujian, 361006, and desist order or both directed against
Commission, 500 E Street SW., Room China the respondent.
112, Washington, DC 20436, telephone Jinhua Kingwe Electrical Co. Ltd., (a/k/ By order of the Commission.
(202) 205–2000. Hearing impaired a Kingwe), No. 1600, West Wujiang Issued: July 26, 2016.
individuals are advised that information Road, Jinhua City, Zhejiang Province, Lisa R. Barton,
on this matter can be obtained by 321018, China Secretary to the Commission.
contacting the Commission’s TDD Penson & Co., Room 1011, N 218 [FR Doc. 2016–18073 Filed 7–29–16; 8:45 am]
terminal on (202) 205–1810. Persons Hengfeng Road, Zhabei District,
with mobility impairments who will BILLING CODE 7020–02–P
Shanghai, China
need special assistance in gaining access Taizhou Dihour Electrical Appliances
to the Commission should contact the Co., Ltd., a/k/a Dihour, North Dashi
Office of the Secretary at (202) 205– Class I Highway, Daxi Town, Wenling DEPARTMENT OF JUSTICE
2000. General information concerning City, ZheJiang Province 317525, [OMB Number 1105–0099]
the Commission may also be obtained China
by accessing its internet server at http:// TC Bunny Co., Ltd., Room 201, Building Agency Information Collection
www.usitc.gov. The public record for 418, Madang Road, Shanghai, China Activities; Proposed Collection
this investigation may be viewed on the Toolsempire, 3900 E. Philadelphia Comments Requested; USMS Medical
Commission’s electronic docket (EDIS) Street, Ontario, CA 91761 Forms
at http://edis.usitc.gov. US Air Hand Dryer, c/o Kristen Nguyen,
FOR FURTHER INFORMATION CONTACT: The 9221 Rose Parade Way, Sacramento, AGENCY: U.S. Marshals Service,
Office of Unfair Import Investigations, CA 95826 Department of Justice.
U.S. International Trade Commission, Sovereign Industrial (Jiaxing) Co. Ltd., ACTION: 30-day notice.
telephone (202) 205–2560. d/b/a Vinovo, No. 111 Xiuxin Road,
Xiuzhou Industrial Park, Jiaxing SUMMARY: The Department of Justice
SUPPLEMENTARY INFORMATION:
Zhejiang Jiaxing 314000, China (DOJ), U.S. Marshals Service (USMS),
Authority: The authority for
Zhejiang Aike Appliance Co., Ltd., will be submitting the following
institution of this investigation is
Yong’an Industry Park, Xianju, information collection request to the
contained in section 337 of the Tariff
Taizhou, Zhejiang, China Office of Management and Budget
Act of 1930, as amended, and in section
(OMB) for review and approval in
210.10 of the Commission’s Rules of (c) The Office of Unfair Import
accordance with the Paperwork
Practice and Procedure, 19 CFR 210.10 Investigations, U.S. International Trade
Reduction Act of 1995. This proposed
(2016). Commission, 500 E Street SW., Suite
information collection was previously
Scope of Investigation: Having 401, Washington, DC 20436; and
(3) For the investigation so instituted, published in the Federal Register at 81
considered the complaint, the U.S.
the Chief Administrative Law Judge, FR 28887, on May 10, 2016, allowing for
International Trade Commission, on
U.S. International Trade Commission, a 60 day comment period.
sradovich on DSK3GMQ082PROD with NOTICES
July 26, 2016, ORDERED THAT —
(1) Pursuant to subsection (b) of shall designate the presiding DATES: Comments are encouraged and
section 337 of the Tariff Act of 1930, as Administrative Law Judge. will be accepted for an additional days
amended, an investigation be instituted Responses to the complaint and the until August 31, 2016.
to determine whether there is a notice of investigation must be FOR FURTHER INFORMATION CONTACT: If
violation of subsection (a)(1)(A) of submitted by the named respondents in you have additional comments
section 337 in the importation into the accordance with section 210.13 of the especially on the estimated public
United States, or in the sale of certain Commission’s Rules of Practice and burden or associated response time,
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Document Created: 2016-07-30 06:25:53
Document Modified: 2016-07-30 06:25:53
| 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 | 81 FR 50549 |
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