81 FR 95192 - Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Commission Determination Not To Review an Initial Determination Finding All Respondents in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 248 (December 27, 2016)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on November 21, 2016, finding all respondents in default. The Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding.

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95192-95194]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31074]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1008]


Certain Carbon Spine Board, Cervical Collar, CPR Masks and 
Various Medical Training Manikin Devices, and Trademarks, Copyrights of 
Product Catalogues, Product Inserts and Components Thereof; Commission 
Determination Not To Review an Initial Determination Finding All 
Respondents in Default; Request for Written Submissions on Remedy, the 
Public Interest, and Bonding

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 determined not to review an initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
November 21, 2016, finding all respondents in default. The Commission 
requests written submissions, under the schedule set forth below, on 
remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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

[[Page 95193]]

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 this investigation 
on June 24, 2016, based on an amended complaint, as supplemented, filed 
by Laerdal Medical Corp. of Wappingers Falls, New York, and Laerdal 
Medical AS of Stavanger, Norway (together, ``Laerdal''). 81 FR 41349-
50. The investigation was instituted to determine whether there is a 
violation of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain carbon spine board, cervical collar, CPR 
masks, various medical training manikin devices, trademarks, copyrights 
of product catalogues and products inserts, and components thereof by 
reason of infringement of one or more of U.S. Patent No. 6,090,058, 
U.S. Trademark Registration No. 3,476,656, or U.S. Copyright 
Registration Nos. VA 1-879-023 and VA 1-879-026, or by reason of trade 
dress misappropriation and infringement. Id. at 41349. The Commission's 
notice of investigation named as respondents Shanghai Evenk 
International Trading Co., Ltd., Shanghai Honglian Medical Instrument, 
Development Co., Ltd., and Shanghai Jolly Medical Education Co., Ltd., 
all of Shanghai, China; Zhangjiagang Xiehe Medical Apparatus & 
Instruments Co., Ltd., Zhangjiagang New Fellow Med Co., Ltd., Jiangsu 
Yongxin Medical Equipment Co., Ltd., and Jiangsu Yongxin Medical-Use 
Facilities Making, Co., Ltd, all of Zhangjiagang City, China; Jiangyin 
Everise Medical Devices Co., Ltd., of Jiangyin City, China; Medsource 
International Co., Ltd. and Medsource Factory, Inc. of PuDong, China; 
and Basic Medical Supply, LLC of Richmond, Texas. Id. at 41350. The 
Office of Unfair Import Investigations (``OUII'') was also named as a 
party. Id.
    All respondents were served with a copy of the complaint and notice 
of investigation. See OUII Default Motion Response (Oct. 31, 2016) at 3 
and Ex. A. On October 20, 2016, Laerdal filed a motion requesting that 
the ALJ order all respondents to show cause why they should not be held 
in default for failing to respond to the complaint and notice of 
investigation. On October 31, 2016, OUII filed a response in support of 
Laerdal's motion.
    On November 7, 2016, the ALJ ordered all of the respondents to show 
cause why they should not be held in default, and set a response 
deadline of November 14, 2016. Order No. 5. No responses were filed. On 
November 21, 2016, the ALJ issued the subject ID (Order No. 6) finding 
all respondents in default pursuant to Commission Rules 210.16 and 
210.17. No petitions for review of the ID were filed. On December 1, 
2016, Laerdal indicated that it was not seeking a general exclusion 
order.
    The Commission has determined not to review the subject ID.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default, 
unless, after considering the public interest, it finds that such 
relief should not issue.
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondents; 
and/or (2) issue cease and desist orders that could result in the 
defaulting respondents being required to cease and desist from engaging 
in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 
2843, Comm'n Op. at 7-10 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Laerdal and OUII are requested to submit proposed remedial 
orders for the Commission's consideration. Laerdal is also requested to 
state the HTSUS numbers under which the accused products are imported, 
and to state the dates that the patents expire. Laerdal is further 
requested to supply identification information on any known importers.
    Written submissions and proposed remedial orders must be filed no 
later than the close of business on January 5, 2017. Reply submissions 
must be filed no later than the close of business on January 12, 2017. 
No further submissions on these issues will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
true paper copies to the Office of the Secretary 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 investigation number (``Inv. 
No. 337-TA-1008'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    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

[[Page 95194]]

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 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: December 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-31074 Filed 12-23-16; 8:45 am]
 BILLING CODE 7020-02-P