81 FR 85264 - Enforcement and Rescission Proceeding; Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Rescission Proceeding
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 227 (November 25, 2016)
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85264-85265 | |
| FR Document | 2016-28314 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Notices] [Pages 85264-85265] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28314] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-929] Enforcement and Rescission Proceeding; Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Rescission Proceeding AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a rescission proceeding relating to the March 17, 2016 limited exclusion order and cease and desist order issued in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3438. 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 the original investigation on September 9, 2014, based on a complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, ``ARM''). 79 FR 53445-46 (Sept. 9, 2016). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 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 beverage brewing capsules, components thereof, and products containing the same, by reason of infringement of claims 5-8 and 18-20 of U.S. Patent No. 8,720,320 (``the '320 patent''). Id. The notice of institution of the investigation named as respondents Solofill, LLC (``Solofill''); DongGuan Hai Rui Precision Mould Co., Ltd. (``DongGuan''); Eko Brands, LLC (``Eko Brands''); Evermuch Technology Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''); and several additional respondents who were terminated by reason of consent order or settlement. 79 FR 53445. The Office of Unfair Import Investigations (``OUII'') was also named as a party to the investigation. Id. The Commission found Eko Brands and Evermuch in default for failure to respond to the complaint and notice of investigation. Notice (May 18, 2015). On March 17, 2016, the Commission found no violation of section 337 by Solofill and DongGuan because claims 5-7, 18, and 20 were invalid for a lack of written description and claims 5 and 6 were invalid as anticipated. 81 FR 15742-43 (Mar. 24, 2016). The Commission, however, presumed that the allegations were true with respect to the remaining allegations against the defaulted parties Eko Brands and Evermuch, and thus concluded that they violated section 337 with respect to claims 8 and 19. Id. at 15743. The Commission issued a limited exclusion order prohibiting Eko Brands and Evermuch from importing certain beverage brewing capsules, components thereof, and products containing the same that infringed claims 8 or 19 of the '320 patent. Id. The Commission also issued cease and desist orders against Eko Brands and Evermuch prohibiting the sale and distribution within the United States of articles that infringe claims 8 or 19. Id. On June 1, 2016, ARM filed a complaint requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75(b) to investigate violations of the March 17, 2016, limited exclusion order and cease and desist order by Eko Brands and Espresso Supply, Inc. The Commission instituted a formal enforcement proceeding on July 1, 2016. 81 FR 43242-43. On September 12, 2016, Eko Brands petitioned the Commission to rescind its limited exclusion order and cease and desist orders, and to terminate the enforcement proceeding. Eko Brands contended that changed circumstances warranted such relief. On September 22, 2016, ARM opposed the petition. On September 22, 2016, OUII filed a response supporting the institution of a rescission proceeding but opposing the termination of the enforcement proceeding. On September 30, 2016, Eko Brands moved for leave to file a reply in support of its petition. ARM opposed the motion on October 6, 2016. [[Page 85265]] Having examined the petition and the supporting documents, the Commission has determined to institute a rescission proceeding to determine whether the March 17, 2016 limited exclusion order and cease and desist order should be rescinded. The Commission has further determined to delegate the rescission proceeding to the presiding ALJ and to consolidate that proceeding with the ongoing enforcement proceeding. Finally, the Commission has determined to delegate Eko Brands's request to terminate the enforcement proceeding to the ALJ, and to deny Eko Brands's motion for leave to file a reply. 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 section 210.76 of the Commission's Rules of Practice and Procedure (19 CFR 210.76). By order of the Commission. Issued: November 18, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-28314 Filed 11-23-16; 8:45 am] BILLING CODE 7020-02-P
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Motor North America, Inc. of New York INTERNATIONAL TRADE (‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko
City, New York; Toyota Motor Sales, COMMISSION Brands’’); Evermuch Technology Co.,
U.S.A., Inc. of Torrance, California; Ltd. and Ever Much Company Ltd.
[Investigation No. 337–TA–929]
Toyota Motor Engineering & (together, ‘‘Evermuch’’); and several
Manufacturing North America, Inc. of Enforcement and Rescission additional respondents who were
Erlanger, Kentucky; Toyota Motor Proceeding; Certain Beverage Brewing terminated by reason of consent order or
Manufacturing, Indiana, Inc. of Capsules, Components Thereof, and settlement. 79 FR 53445. The Office of
Princeton, Indiana; Toyota Motor Products Containing the Same; Notice Unfair Import Investigations (‘‘OUII’’)
Manufacturing, Kentucky, Inc. of of Institution of Rescission Proceeding was also named as a party to the
Georgetown, Kentucky; and Toyota investigation. Id. The Commission
Motor Manufacturing, Mississippi, Inc. AGENCY: U.S. International Trade found Eko Brands and Evermuch in
of Blue Springs, Mississippi. On Commission. default for failure to respond to the
October 19, 2016, the Commission ACTION: Notice. complaint and notice of investigation.
issued notice of its determination not to Notice (May 18, 2015).
review the ALJ’s ID (Order No. 56) SUMMARY: Notice is hereby given that On March 17, 2016, the Commission
terminating the investigation as to the U.S. International Trade found no violation of section 337 by
Volkswagen AG of Wolfsburg, Germany; Commission has instituted a rescission Solofill and DongGuan because claims
Volkswagen Group of America, Inc. and proceeding relating to the March 17, 5–7, 18, and 20 were invalid for a lack
Audi of America, LLC, both of Herndon, 2016 limited exclusion order and cease of written description and claims 5 and
Virginia; Volkswagen Group of America and desist order issued in the above- 6 were invalid as anticipated. 81 FR
Chattanooga Operations, LLC of referenced investigation. 15742–43 (Mar. 24, 2016). The
Chattanooga, Tennessee; and Audi AG FOR FURTHER INFORMATION CONTACT: Commission, however, presumed that
of Ingolstadt, Germany based on a Robert J. Needham, Office of the General the allegations were true with respect to
settlement agreement. Counsel, U.S. International Trade the remaining allegations against the
On August 24, 2016, the complainant Commission, 500 E Street SW., defaulted parties Eko Brands and
and Fujitsu Ten jointly moved to Washington, DC 20436, telephone (202) Evermuch, and thus concluded that they
terminate the investigation as to Fujitsu 205–3438. Copies of non-confidential violated section 337 with respect to
Ten based on a patent license documents filed in connection with this claims 8 and 19. Id. at 15743. The
agreement. On August 25, 2016, the investigation are or will be available for Commission issued a limited exclusion
inspection during official business order prohibiting Eko Brands and
complainant and Renesas jointly moved
hours (8:45 a.m. to 5:15 p.m.) in the Evermuch from importing certain
to terminate the investigation as to
Office of the Secretary, U.S. beverage brewing capsules, components
Renesas based on a patent license
International Trade Commission, 500 E thereof, and products containing the
agreement. On the same date, the
Street SW., Washington, DC 20436, same that infringed claims 8 or 19 of the
complainant and the Honda
telephone (202) 205–2000. General ’320 patent. Id. The Commission also
respondents jointly moved to terminate
information concerning the Commission issued cease and desist orders against
the investigation as to the Honda
may also be obtained by accessing its Eko Brands and Evermuch prohibiting
respondents based on a patent license
the sale and distribution within the
agreement. OUII filed responses Internet server (https://www.usitc.gov).
United States of articles that infringe
supporting each motion and no other The public record for this investigation
claims 8 or 19. Id.
responses were received. may be viewed on the Commission’s On June 1, 2016, ARM filed a
On October 24, 2016, the ALJ issued electronic docket (EDIS) at https:// complaint requesting that the
the subject IDs (Order Nos. 57–59) edis.usitc.gov. Hearing-impaired Commission institute a formal
granting the joint motions for persons are advised that information on enforcement proceeding under
termination of the investigation as to this matter can be obtained by Commission Rule 210.75(b) to
Fujitsu Ten, Renesas, and the Honda contacting the Commission’s TDD investigate violations of the March 17,
respondents, and finding that the terminal on (202) 205–1810. 2016, limited exclusion order and cease
motions satisfy Commission Rules SUPPLEMENTARY INFORMATION: The and desist order by Eko Brands and
210.21(a)(2), (b)(1) (19 CFR 210.21(a)(2), Commission instituted the original Espresso Supply, Inc. The Commission
(b)(1)) and that each termination is in investigation on September 9, 2014, instituted a formal enforcement
the public interest. No petitions for based on a complaint filed by Adrian proceeding on July 1, 2016. 81 FR
review were filed. Rivera and Adrian Rivera Maynez 43242–43.
The Commission has determined not Enterprises, Inc. (collectively, ‘‘ARM’’). On September 12, 2016, Eko Brands
to review the subject IDs and has 79 FR 53445–46 (Sept. 9, 2016). The petitioned the Commission to rescind its
terminated the investigation. complaint alleged violations of section limited exclusion order and cease and
The authority for the Commission’s 337 of the Tariff Act of 1930, as desist orders, and to terminate the
determination is contained in section amended, 19 U.S.C. 1337, in the enforcement proceeding. Eko Brands
337 of the Tariff Act of 1930, as importation into the United States, the contended that changed circumstances
amended (19 U.S.C. 1337), and in part sale for importation, and the sale within warranted such relief. On September 22,
210 of the Commission’s Rules of the United States after importation of 2016, ARM opposed the petition. On
certain beverage brewing capsules, September 22, 2016, OUII filed a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Practice and Procedure (19 CFR part
210). components thereof, and products response supporting the institution of a
containing the same, by reason of rescission proceeding but opposing the
By order of the Commission.
infringement of claims 5–8 and 18–20 of termination of the enforcement
Issued: November 21, 2016. U.S. Patent No. 8,720,320 (‘‘the ’320 proceeding.
Lisa R. Barton, patent’’). Id. The notice of institution of On September 30, 2016, Eko Brands
Secretary to the Commission. the investigation named as respondents moved for leave to file a reply in
[FR Doc. 2016–28358 Filed 11–23–16; 8:45 am] Solofill, LLC (‘‘Solofill’’); DongGuan Hai support of its petition. ARM opposed
BILLING CODE 7020–02–P Rui Precision Mould Co., Ltd. the motion on October 6, 2016.
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![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85265
Having examined the petition and the (June 26, 2015). The purpose of the Avenue NW., Washington, DC 20210;
supporting documents, the Commission Advisory Board is to advise the telephone (202) 343–5580; email
has determined to institute a rescission Secretary with respect to: (1) The Site EnergyAdvisoryBoard@dol.gov.
proceeding to determine whether the Exposure Matrices (SEM) of the Submission of written comments for
March 17, 2016 limited exclusion order Department of Labor; (2) medical
the record: You may submit written
and cease and desist order should be guidance for claims examiners for
comments, identified by the
rescinded. The Commission has further claims with the EEOICPA program, with
respect to the weighing of the medical subcommittee name and the meeting
determined to delegate the rescission
proceeding to the presiding ALJ and to evidence of claimants; (3) evidentiary date of December 16, 2016, by any of the
consolidate that proceeding with the requirements for claims under Part B of following methods:
ongoing enforcement proceeding. EEOICPA related to lung disease; and • Electronically: Send to:
Finally, the Commission has determined (4) the work of industrial hygienists and EnergyAdvisoryBoard@dol.gov (specify
to delegate Eko Brands’s request to staff physicians and consulting in the email subject line,
terminate the enforcement proceeding to physicians of the Department of Labor ‘‘Subcommittee on IH & CMC and Their
the ALJ, and to deny Eko Brands’s and reports of such hygienists and Reports’’).
motion for leave to file a reply. physicians to ensure quality, objectivity,
and consistency. The Advisory Board • Mail, express delivery, hand
The authority for the Commission’s delivery, messenger, or courier service:
determination is contained in section sunsets on December 19, 2019. This
subcommittee is being assembled to Submit one copy to the following
337 of the Tariff Act of 1930, as
gather data and begin working on advice address: U.S. Department of Labor,
amended (19 U.S.C. 1337), and in
section 210.76 of the Commission’s under Area #4, IH & CMC and Their Office of Workers’ Compensation
Rules of Practice and Procedure (19 CFR Reports. Programs, Advisory Board on Toxic
210.76). The Advisory Board operates in Substances and Worker Health, Room
accordance with the Federal Advisory S–3522, 200 Constitution Ave. NW.,
By order of the Commission. Committee Act (FACA) (5 U.S.C. App. Washington, DC 20210. Due to security-
Issued: November 18, 2016. 2) and its implementing regulations (41 related procedures, receipt of
Lisa R. Barton, CFR part 102–3). submissions by regular mail may
Secretary to the Commission. Agenda: The tentative agenda for the experience significant delays.
[FR Doc. 2016–28314 Filed 11–23–16; 8:45 am] Subcommittee on IH & CMC and Their
Reports meeting includes: Update on Comments must be received by
BILLING CODE 7020–02–P
initial recommendations forwarded to December 9, 2016. OWCP will make
the Secretary of Labor; discussion about available publically, without change,
follow-up from the public comments; any written comments, including any
DEPARTMENT OF LABOR personal information that you provide.
review of status of board requests;
Office of Workers’ Compensation discussion of committee members’ Therefore, OWCP cautions interested
Programs review of additional case files. parties against submitting personal
OWCP transcribes Advisory Board information such as Social Security
Advisory Board on Toxic Substances subcommittee meetings. OWCP posts numbers and birthdates.
and Worker Health: Subcommittee on the transcripts on the Advisory Board Electronic copies of this Federal
Industrial Hygienists (IH) & Contract Web page, http://www.dol.gov/owcp/ Register notice are available at http://
Medical Consultants (CMC) and Their energy/regs/compliance/ www.regulations.gov. This notice, as
Reports AdvisoryBoard.htm, along with written well as news releases and other relevant
comments and other materials
AGENCY: Office of Workers’ information, are also available on the
submitted to the subcommittee or
Compensation Programs. Advisory Board’s Web page at http://
presented at subcommittee meetings.
ACTION: Announcement of meeting of www.dol.gov/owcp/energy/regs/
the subcommittee on IH & CMC and Public Participation, Submissions, and compliance/AdvisoryBoard.htm.
their reports of the Advisory Board on Access to the Public Record
FOR FURTHER INFORMATION CONTACT: You
Toxic Substances and Worker Health Subcommittee meeting: The may contact Antonio Rios, Designated
(Advisory Board) for the Energy subcommittee will meet via Federal Officer, at rios.antonio@dol.gov,
Employees Occupational Illness teleconference on Friday, December 16, or Carrie Rhoads, Alternate Designated
Compensation Program Act (EEOICPA). 2016, from 12:00 p.m. to 1:30 p.m.
Federal Officer, at rhoads.carrie@
Eastern Time. Advisory Board
SUMMARY: The subcommittee will meet dol.gov, U.S. Department of Labor, 200
subcommittee meetings are open to the
via teleconference on December 16, public. The teleconference number and Constitution Avenue NW., Suite S–
2016, from 12:00 p.m. to 1:30 p.m. other details for listening to the meeting 3524, Washington, DC 20210, telephone
Eastern Time. will be posted on the Advisory Board’s (202) 343–5580.
For Press Inquiries Contact: For press Web site no later than 72 hours prior to This is not a toll-free number.
inquiries: Ms. Amanda McClure, Office the meeting. This information will be
of Public Affairs, U.S. Department of Leonard J. Howie III,
posted at http://www.dol.gov/owcp/
Labor, Room S–1028, 200 Constitution energy/regs/compliance/ Director, Office of Workers’ Compensation
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Avenue NW., Washington, DC 20210; AdvisoryBoard.htm. Programs.
telephone (202) 693–4672; email Requests for special accommodations: [FR Doc. 2016–28273 Filed 11–23–16; 8:45 am]
mcclure.amanda.c@dol.gov. Please submit requests for special BILLING CODE 4510–24–P
SUPPLEMENTARY INFORMATION: The accommodations to participate in the
Advisory Board is mandated by Section subcommittee meeting by email,
3687 of EEOICPA. The Secretary of telephone, or hard copy to Ms. Carrie
Labor established the Board under this Rhoads, OWCP, Room S–3524, U.S.
authority and Executive Order 13699 Department of Labor, 200 Constitution
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Document Created: 2016-11-23 23:18:07
Document Modified: 2016-11-23 23:18:07
| 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 | Robert J. Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3438. 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 (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 85264 |
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