82 FR 24144 - Frozen Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam; Determinations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range		24144-24145
FR Document		2017-10715

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)

[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24144-24145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10715]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1063-1064 and 1066-1068 (Second Review)]


Frozen Warmwater Shrimp From Brazil, China, India, Thailand, and 
Vietnam; Determinations

    On the basis of the record \1\ developed in the subject five-year 
reviews, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that revocation of the antidumping duty orders on frozen 
warmwater shrimp from China, India, Thailand, and Vietnam would be 
likely to lead to continuation or recurrence of

[[Page 24145]]

material injury to an industry in the United States within a reasonably 
foreseeable time. The Commission further determines that revocation of 
the antidumping duty order on frozen warmwater shrimp from Brazil would 
not be likely to lead to continuation or recurrence of material injury 
to an industry in the United States within a reasonably foreseeable 
time.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Background

    The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 
1675(c)), instituted these reviews on March 1, 2016 (81 FR 10659) and 
determined on June 6, 2016 that it would conduct full reviews (81 FR 
39711, June 17, 2016). Notice of the scheduling of the Commission's 
reviews and of a public hearing to be held in connection therewith was 
given by posting copies of the notice in the Office of the Secretary, 
U.S. International Trade Commission, Washington, DC, and by publishing 
the notice in the Federal Register on November 8, 2016 (81 FR 78632). 
The hearing was held in Washington, DC, on March 16, 2017, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to section 751(c) 
of the Act (19 U.S.C. 1675(c)). It completed and filed its 
determinations in these reviews by May 25, 2017. The views of the 
Commission are contained in USITC Publication 4688 (May 2017), entitled 
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and 
Vietnam: Investigation Nos. 731-TA-1063-1064 and 1066-1068 (Second 
Review).

    By order of the Commission.

    Issued: May 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-10715 Filed 5-24-17; 8:45 am]
 BILLING CODE 7020-02-P

24144 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices

SUPPLEMENTARY INFORMATION: The On January 30, 2017, the Commission exclusion order or the cease and desist
Commission instituted this investigation determined to review and modify two orders. The Commission has determined
on November 20, 2015, based on a claim constructions for the ’616 patent. that a bond in the amount of 100
complaint filed by Diebold Incorporated Notice at 2–3 (Jan. 30, 2017). The percent of the entered value of the
and Diebold Self-Service Systems Commission’s reasoning in support of subject articles is required during the
(collectively, ‘‘Diebold’’). 80 FR 72735– its claim construction determinations period of Presidential review. 19 U.S.C.
36 (Nov. 20, 2015). The complaint for the ’616 patent was set forth more 1337(j)(3). Notwithstanding the
alleged violations of section 337 of the fully in the Commission Claim foregoing, the exclusion order and cease
Tariff Act of 1930, as amended, 19 Construction Opinion, which also and desist orders permit Nautilus to
U.S.C. 1337, in the importation into the issued on January 30, 2017. In view of import replacement parts for its
United States, the sale for importation, the Commission’s determination to customers who need such parts to repair
and the sale within the United States review and modify the construction of automated teller machines that have
after importation of certain automated these two claim limitations, the been imported prior to the date of the
teller machines, ATM modules, Commission also determined to review orders. Commissioner Kieff has
components thereof, and products for the asserted claims of the ’616 provided additional views dissenting
containing the same by reason of patent: (1) Infringement; (2) obviousness from the Commission’s exception from
infringement of certain claims of six in view of Diebold’s 1064i ATM; and (3) the remedial orders regarding
United States Patents: 7,121,461 (‘‘the the technical prong of the domestic replacement parts for service or repair.
’461 patent’’); 7,249,761 (‘‘the ’761 industry requirement. Id. at 3. The The orders do not permit Nautilus to
patent’’); 7,314,163 (‘‘the ’163 patent’’); Commission solicited further briefing import infringing ATMs (as opposed to
6,082,616 (‘‘the ’616 patent’’); 7,229,010 from the parties on these issues, and replacement parts) for any purpose,
(‘‘the ’010 patent’’); and 7,832,631 (‘‘the briefing from the parties and the public including repair or replacement.
’631 patent’’). Id. The notice of on remedy, the public interest, and The investigation is terminated. The
investigation named as respondents bonding. Id. at 4. The Commission Commission’s reasoning in support of
Nautilus Hyosung Inc. of Seoul, determined not to review the final ID’s its determinations is set forth more fully
Republic of Korea; Nautilus Hyosung finding of a section 337 violation as to in its opinion. The Commission’s orders
America Inc. of Irving, Texas; and HS the ’631 patent. Id. at 2. and opinion were delivered to the
Global, Inc. of Brea, California On February 10, 2017, Diebold and President and the United States Trade
(collectively, ‘‘Nautilus’’). Id. at 72736. Nautilus filed their opening Representative on the day of their
The Office of Unfair Import submissions on the issues under review issuance.
Investigations was not named as a party. and on remedy, the public interest, and The authority for the Commission’s
Id. bonding. On February 17, 2017, Diebold determination is contained in section
The ’461 patent, ’761 patent, and ’163 and Nautilus filed responses to each 337 of the Tariff Act of 1930, as
patent were previously terminated from other’s opening submission. Nautilus amended (19 U.S.C. 1337), and in Part
the investigation. See Order No. 12 also submitted letters to the 210 of the Commission’s Rules of
(Apr. 28, 2016), not reviewed, Notice Commission concerning the public Practice and Procedure (19 CFR part
(May 11, 2016); Order No. 21 (June 28, interest from Nautilus’s customers. 210).
2016), not reviewed, Notice (July 28, Having reviewed the record of
2016). The presiding administrative law investigation, the Commission has By order of the Commission.
judge (‘‘ALJ’’) conducted an evidentiary determined that there is a violation of Issued: May 19, 2017.
hearing from August 29, 2016 through section 337 by reason of the Lisa R. Barton,
September 1, 2016. On November 30, infringement of claims 1, 6, 10, 16, 26, Secretary to the Commission.
2016, the ALJ issued the final Initial and 27 of the ’616 patent and claims 1–
[FR Doc. 2017–10709 Filed 5–24–17; 8:45 am]
Determination (‘‘final ID’’ or ‘‘ID’’). The 7 and 18–20 of the ’631 patent. The
BILLING CODE 7020–02–P
final ID found a violation of section 337 Commission has further determined that
with respect to the ’616 and ’631 the technical prong of the domestic
patents, and no violation with respect to industry requirement has been met as to INTERNATIONAL TRADE
the ’010 patent. ID at 207–09. The ALJ the ’616 patent. To the extent that COMMISSION
recommended that a limited exclusion Nautilus’s arguments concerning
order and cease and desist orders issue obviousness of the asserted claims of the [Investigation Nos. 731–TA–1063–1064 and
against Nautilus. ’616 patent in view of the Diebold 1064i 1066–1068 (Second Review)]
Diebold and Nautilus each filed ATM have not been waived, the
petitions for review concerning certain Commission finds that Nautilus has Frozen Warmwater Shrimp From
findings with respect to the ’616 and failed to meet its burden to show Brazil, China, India, Thailand, and
’631 patents. On December 30, 2016, the invalidity by clear and convincing Vietnam; Determinations
parties submitted statements on the evidence. On the basis of the record 1 developed
public interest. Diebold contends that The Commission has further in the subject five-year reviews, the
the investigation does not raise any determined that the appropriate remedy United States International Trade
public interest concerns. Nautilus is (1) a limited exclusion order Commission (‘‘Commission’’)
asserts that a Commission exclusion prohibiting the entry of infringing
determines, pursuant to the Tariff Act of
order should include a certification automated teller machines, ATM
1930 (‘‘the Act’’), that revocation of the
provision and that any Commission modules, components thereof, and
antidumping duty orders on frozen
remedial orders be tailored to allow products containing the same, and (2)
warmwater shrimp from China, India,
repair of existing Nautilus ATMs in the cease and desist orders directed to the
Thailand, and Vietnam would be likely
United States. In addition, the respondents. The Commission has
to lead to continuation or recurrence of
Commission received submissions from determined that the public interest
United States Representative James B. factors enumerated in section 337(d) 1 The record is defined in sec. 207.2(f) of the
Renacci, United States Senator Sherrod and (f), 19 U.S.C. 1337(d), (f), do not Commission’s Rules of Practice and Procedure (19
Brown, and certain Nautilus customers. preclude the issuance of the limited CFR 207.2(f)).

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Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices 24145

material injury to an industry in the DEPARTMENT OF JUSTICE appropriate automated, electronic,
United States within a reasonably mechanical, or other technological
foreseeable time. The Commission Bureau of Alcohol, Tobacco, Firearms collection techniques or other forms
further determines that revocation of the and Explosives of information technology, e.g.,
antidumping duty order on frozen [OMB Number 1140–0039] permitting electronic submission of
warmwater shrimp from Brazil would responses.
not be likely to lead to continuation or Agency Information Collection
Activities; Proposed eCollection Overview of this information
recurrence of material injury to an
eComments Requested; Extension collection:
industry in the United States within a
reasonably foreseeable time. Without Change of a Currently 1. Type of Information Collection
Approved Collection; Federal Firearms (check justification or form 83):
Background Licensee Firearms Inventory Theft/ Extension, without change, of a
Loss Report—ATF F 3310.11 currently approved collection.
The Commission, pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)), AGENCY: Bureau of Alcohol, Tobacco, 2. The Title of the Form/Collection:
instituted these reviews on March 1, Firearms and Explosives, Department of Federal Firearms Licensee Firearms
2016 (81 FR 10659) and determined on Justice. Inventory Theft/Loss Report.
June 6, 2016 that it would conduct full ACTION: 60-Day notice. 3. The agency form number, if any,
reviews (81 FR 39711, June 17, 2016). and the applicable component of the
Notice of the scheduling of the SUMMARY: The Department of Justice Department sponsoring the collection:
Commission’s reviews and of a public (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will Form number (if applicable): ATF F
hearing to be held in connection 3310.11.
therewith was given by posting copies submit the following information
collection request to the Office of Component: Bureau of Alcohol,
of the notice in the Office of the
Management and Budget (OMB) for Tobacco, Firearms and Explosives, U.S.
Secretary, U.S. International Trade
review and approval in accordance with Department of Justice.
Commission, Washington, DC, and by the Paperwork Reduction Act of 1995.
publishing the notice in the Federal 4. Affected public who will be asked
DATES: Comments are encouraged and or required to respond, as well as a brief
Register on November 8, 2016 (81 FR
will be accepted for 60 days until July abstract:
78632). The hearing was held in
24, 2017.
Washington, DC, on March 16, 2017, Primary: Individuals or households.
FOR FURTHER INFORMATION CONTACT: If
and all persons who requested the Other (if applicable): Business or
you have additional comments,
opportunity were permitted to appear in other for-profit.
particularly with respect to the
person or by counsel.
estimated public burden or associated Abstract: This form requires that
The Commission made these response time, have suggestions, need a licensees report the theft or loss of
determinations pursuant to section copy of the proposed information firearms to the Attorney General and the
751(c) of the Act (19 U.S.C. 1675(c)). It collection instrument with instructions, appropriate authorities.
completed and filed its determinations or desire any additional information, 5. An estimate of the total number of
in these reviews by May 25, 2017. The please contact Larry Penninger Federal
respondents and the amount of time
views of the Commission are contained Fir, Chief, National Tracing Center,
estimated for an average respondent to
in USITC Publication 4688 (May 2017), either by mail at 244 Needy Road,
respond: An estimated 4,000
entitled Frozen Warmwater Shrimp Martinsburg, WV 25405, by email at
respondents will utilize the form, and it
from Brazil, China, India, Thailand, and Larry.Penninger@atf.gov.
will take each respondent
Vietnam: Investigation Nos. 731–TA– SUPPLEMENTARY INFORMATION: Written
approximately 24 minutes to complete
1063–1064 and 1066–1068 (Second comments and suggestions from the the form.
Review). public and affected agencies concerning
the proposed collection of information 6. An estimate of the total public
By order of the Commission. burden (in hours) associated with the
are encouraged. Your comments should
Issued: May 22, 2017. address one or more of the following collection: The estimated annual public
Lisa R. Barton, four points: burden associated with this collection is
Secretary to the Commission. —Evaluate whether the proposed 1,600 hours, which is equal to 4,000
[FR Doc. 2017–10715 Filed 5–24–17; 8:45 am] collection of information is necessary (total # of respondents) × .4 (24
for the proper performance of the Minutes).
BILLING CODE 7020–02–P
functions of the agency, including If additional information is required
whether the information will have contact: Melody Braswell, Department
practical utility; Clearance Officer, United States
—Evaluate the accuracy of the agency’s Department of Justice, Justice
estimate of the burden of the Management Division, Policy and
proposed collection of information, Planning Staff, Two Constitution
including the validity of the Square, 145 N Street NE., 3E.405A,
methodology and assumptions used; Washington, DC 20530.
—Evaluate whether and if so how the Dated: May 22, 2017.
quality, utility, and clarity of the
information to be collected can be Melody Braswell,
enhanced; and Department Clearance Officer for PRA, U.S.
—Minimize the burden of the collection Department of Justice.
of information on those who are to [FR Doc. 2017–10737 Filed 5–24–17; 8:45 am]
respond, including through the use of BILLING CODE 4410–FY–P

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Document Created: 2018-11-08 08:52:18
Document Modified: 2018-11-08 08:52:18

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
FR Citation		82 FR 24144