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)
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 95192-95194 | |
| FR Document | 2016-31074 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \1\ All contract personnel will sign appropriate nondisclosure agreements. --------------------------------------------------------------------------- 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
![95192 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
Issued: December 21, 2016. be accessed at https://www.usitc.gov/ USITC Web Site. Recent Commission
William R. Bishop, secretary/foia/foia_freqreqrecords.htm. notices, news releases, meeting agendas,
Supervisory Hearings and Information Harmonized Tariff Schedule of the general information ‘‘fact sheets,’’
Officer. United States (HTS). The USITC Commissioner biographies, schedules of
[FR Doc. 2016–31295 Filed 12–22–16; 11:15 am] maintains and publishes the HTS pending investigations (including
BILLING CODE 7020–02–P
pursuant to the omnibus Trade and hearing dates and deadlines for written
Competitiveness Act of 1988. The Tariff submissions), reports, information
Information Center, providing the frequently requested under FOIA, and
INTERNATIONAL TRADE current HTS and related materials, is general information about the
COMMISSION available to the public at http:// Commission are available electronically
www.usitc.gov/tata/hts/index.htm. through the Commission’s Web site at
Index and Description of Major Government Information Locator https://www.usitc.gov. Copies of
Information Systems and Availability Service (GILS). The USITC has an entry Commission public records can also be
of Records in the GILS, at http:// obtained from the Secretary.
www.access.gpo.gov/su_docs/gils/
AGENCY: United States International index.html. By order of the Commission.
Trade Commission. Libraries. The Commission maintains Issued: December 20, 2016.
ACTION: Notice announcing availability two libraries, its National Library of Lisa R. Barton,
of public information. International Trade (the Commission’s Secretary to the Commission.
main reference library), located on the [FR Doc. 2016–31069 Filed 12–23–16; 8:45 am]
SUMMARY: The United States
3rd floor of the Commission building, BILLING CODE 7020–02–P
International Trade Commission (USITC
and a law library, located on the 6th
or Commission) provides notice of its floor. Both are open to the public during
index and description of major normal business hours of 8:45 a.m. to INTERNATIONAL TRADE
information systems and availability of 5:15 p.m. and are located at 500 E Street COMMISSION
its records. SW., Washington, DC 20436. The
FOR FURTHER INFORMATION CONTACT: Lisa [Investigation No. 337–TA–1008]
libraries contain, among other things,
R. Barton, Secretary to the Commission, complete sets of Commission reports. To
telephone (202) 205–2000/2595 or Brian Certain Carbon Spine Board, Cervical
determine whether the respective Collar, CPR Masks and Various
R. Battles, Esquire, Office of the General libraries have the information sought,
Counsel, United States International Medical Training Manikin Devices, and
persons seeking information may call Trademarks, Copyrights of Product
Trade Commission, telephone (202) the main library at (202) 205–2630, or
708–4737. Hearing-impaired individuals Catalogues, Product Inserts and
the law library at (202) 205–3287. Components Thereof; Commission
are advised that information on this Public Reading Room. The
matter can be obtained by contacting the Determination Not To Review an Initial
Commission’s public reading room is Determination Finding All
Commission’s TDD terminal at 202– maintained and available for inspection
205–1810. General information Respondents in Default; Request for
in the Docket Services division of the Written Submissions on Remedy, the
concerning the Commission may also be Office of the Secretary. It is located on
obtained by accessing its Web site at Public Interest, and Bonding
the 1st floor of the Commission building
https://www.usitc.gov. located at 500 E Street SW., AGENCY: U.S. International Trade
SUPPLEMENTARY INFORMATION: The Washington, DC 20436. Persons having Commission.
Commission makes agency records questions regarding availability of ACTION: Notice.
available to the public in a number of records may contact Docket Services
ways: staff at (202) 205–1802. Depending on SUMMARY: Notice is hereby given that
Electronic Document Information the age of the records requested, the the U.S. International Trade
System (EDIS). This system provides files are available electronically or on Commission has determined not to
access to public documents filed in Title microfiche. review an initial determination (‘‘ID’’)
VII, Section 337, and other Reports. Reports containing the issued by the presiding administrative
investigations before the Commission. findings and conclusions of law judge (‘‘ALJ’’) on November 21,
EDIS is available to the public at https:// Commission investigations and 2016, finding all respondents in default.
edis.usitc.gov. All EDIS users must Commissioner opinions are available The Commission requests written
register and create an account and online at https://www.usitc.gov. submissions, under the schedule set
password to log-in and use EDIS. Questions may be directed to the Office forth below, on remedy, public interest,
Freedom of Information Act (FOIA). of the Secretary at (202) 205–2000/2595. and bonding.
Commission records may also be Rules. The Commission’s Rules of FOR FURTHER INFORMATION CONTACT:
requested under the FOIA (5 U.S.C. Practice and Procedure set out the Robert Needham, Office of the General
552). These requests may be filed via the procedures used in Commission Counsel, U.S. International Trade
agency FOIA web portal at https:// proceedings. The rules in 19 CFR parts Commission, 500 E Street SW.,
www.usitc.gov/secretary/foia/ 200–213 are located in the Code of Washington, DC 20436, telephone (202)
foiarequests.htm or with the Secretary at Federal Regulations and available on the 708–5468. Copies of non-confidential
500 E Street SW., Washington, DC Commission’s Web site at https:// documents filed in connection with this
asabaliauskas on DSK3SPTVN1PROD with NOTICES
20436. A written FOIA request shall www.usitc.gov. investigation are or will be available for
indicate clearly in the request letter, and Tariff and Trade DataWeb. The inspection during official business
on the envelope, that it is a ‘‘Freedom Commission’s DataWeb, https:// hours (8:45 a.m. to 5:15 p.m.) in the
of Information Act Request.’’ dataweb.usitc.gov, provides public Office of the Secretary, U.S.
Commission rules for requesting access to U.S. tariff and international International Trade Commission, 500 E
information under FOIA are set out in trade data. Data from 1989 are available Street SW., Washington, DC 20436,
19 CFR 201.17–201.21. Frequently and can be retrieved in a number of telephone (202) 205–2000. General
requested FOIA-processed records can classification systems. information concerning the Commission
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![95194 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
statement of the reasons why the network devices, related software and United States, or United States
Commission should grant such components thereof imported by and a consumers.
treatment. See 19 CFR 201.6. Documents and cease and desist order against In particular, the Commission is
for which confidential treatment by the respondent Arista Networks, Inc. of interested in comments that:
Commission is properly sought will be Santa Clara, California. This notice is (i) Explain how the articles
treated accordingly. All information, soliciting public interest comments from potentially subject to the recommended
including confidential business the public only. order are used in the United States;
information and documents for which FOR FURTHER INFORMATION CONTACT:
(ii) Identify any public health, safety,
confidential treatment is properly Megan M. Valentine, Office of the or welfare concerns in the United States
sought, submitted to the Commission for General Counsel, U.S. International relating to the recommended order;
purposes of this Investigation may be (iii) Identify like or directly
Trade Commission, 500 E Street SW.,
disclosed to and used: (i) By the competitive articles that complainant,
Washington, DC 20436, telephone (202)
Commission, its employees and Offices, its licensees, or third parties make in the
708–2301. The public version of the
and contract personnel (a) for United States which could replace the
complaint can be accessed on the
developing or maintaining the records subject articles if they were to be
Commission’s electronic docket (EDIS)
of this or a related proceeding, or (b) in excluded;
at https://edis.usitc.gov, and will be (iv) Indicate whether complainant,
internal investigations, audits, reviews, available for inspection during official complainant’s licensees, and/or third
and evaluations relating to the business hours (8:45 a.m. to 5:15 p.m.) party suppliers have the capacity to
programs, personnel, and operations of in the Office of the Secretary, U.S. replace the volume of articles
the Commission including under 5 International Trade Commission, 500 E potentially subject to the recommended
U.S.C. Appendix 3; or (ii) by U.S. Street SW., Washington, DC 20436, exclusion order within a commercially
government employees and contract telephone (202) 205–2000. reasonable time; and
personnel,1 solely for cybersecurity General information concerning the (v) Explain how the limited exclusion
purposes. All nonconfidential written Commission may also be obtained by order would impact consumers in the
submissions will be available for public accessing its Internet server (https:// United States.
inspection at the Office of the Secretary www.usitc.gov). The public record for Written submissions must be filed no
and on EDIS. this investigation may be viewed on the later than by close of business on
The authority for the Commission’s Commission’s electronic docket (EDIS) January 17, 2017. Parties are to file
determination is contained in section at https://edis.usitc.gov. Hearing- public interest submissions pursuant to
337 of the Tariff Act of 1930, as impaired persons are advised that 19 CFR 210.50(a)(4).
amended (19 U.S.C. 1337), and in part information on this matter can be Persons filing written submissions
210 of the Commission’s Rules of obtained by contacting the must file the original document
Practice and Procedure (19 CFR part Commission’s TDD terminal on (202) electronically on or before the deadlines
210). 205–1810. stated above and submit 8 true paper
By order of the Commission. SUPPLEMENTARY INFORMATION: Section copies to the Office of the Secretary by
Issued: December 20, 2016. 337 of the Tariff Act of 1930 provides noon the next day pursuant to section
Lisa R. Barton, that if the Commission finds a violation 210.4(f) of the Commission’s Rules of
Secretary to the Commission.
it shall exclude the articles concerned Practice and Procedure (19 CFR
from the United States: 210.4(f)). Submissions should refer to
[FR Doc. 2016–31074 Filed 12–23–16; 8:45 am]
unless, after considering the effect of such the investigation number (‘‘Inv. No.
BILLING CODE 7020–02–P
exclusion upon the public health and 337–TA–945’’) in a prominent place on
welfare, competitive conditions in the United the cover page and/or the first page. (See
States economy, the production of like or Handbook for Electronic Filing
INTERNATIONAL TRADE directly competitive articles in the United
COMMISSION Procedures, http://www.usitc.gov/
States, and United States consumers, it finds secretary/fed_reg_notices/rules/
[Investigation No. 337–TA–945] that such articles should not be excluded
handbook_on_electronic_filing.pdf).
from entry.
Persons with questions regarding filing
Certain Network Devices, Related 19 U.S.C. 1337(d)(1). should contact the Secretary (202–205–
Software and Components Thereof (II); The Commission is interested in 2000).
Notice of Request for Statements on further development of the record on Any person desiring to submit a
the Public Interest the public interest in these document to the Commission in
AGENCY: U.S. International Trade investigations. Accordingly, members of confidence must request confidential
Commission. the public are invited to file treatment. All such requests should be
submissions of no more than five (5) directed to the Secretary to the
ACTION: Notice.
pages, inclusive of attachments, Commission and must include a full
SUMMARY: Notice is hereby given that concerning the public interest in light of statement of the reasons why the
the presiding administrative law judge the administrative law judge’s Commission should grant such
has issued a Final Initial Determination Recommended Determination on treatment. See 19 CFR 201.6. Documents
and Recommended Determination on Remedy and Bonding issued in this for which confidential treatment by the
investigation on December 9, 2016. Commission is properly sought will be
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Remedy and Bonding in the above-
captioned investigation. The Comments should address whether treated accordingly. All information,
Commission is soliciting comments on issuance of a limited exclusion order including confidential business
public interest issues raised by the and cease and desist order in this information and documents for which
recommended relief, specifically a investigation would affect the public confidential treatment is properly
limited exclusion order against certain health and welfare in the United States, sought, submitted to the Commission for
competitive conditions in the United purposes of this Investigation may be
1 All contract personnel will sign appropriate States economy, the production of like disclosed to and used: (i) By the
nondisclosure agreements. or directly competitive articles in the Commission, its employees and Offices,
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Document Created: 2018-02-14 09:13:36
Document Modified: 2018-02-14 09:13:36
| 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 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 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 95192 |
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