82 FR 30898 - Tapered Roller Bearings From China; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30898-30901
FR Document		2017-13713

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on tapered roller bearings from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30898-30901]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-13713]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-344 (Fourth Review)]

Tapered Roller Bearings From China; Institution of a Five-Year
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to
determine whether revocation of the antidumping duty order on tapered
roller bearings from China would be likely to lead to continuation or
recurrence of material injury. Pursuant to the Act, interested parties
are requested to respond to this notice by submitting the information
specified below to the Commission.

DATES: Effective July 3, 2017. To be assured of consideration, the
deadline for responses is August 2, 2017. Comments on the adequacy of
responses may be filed with the Commission by September 14, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter 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
(https://www.usitc.gov). The public record for this proceeding may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
Background.--On June 15, 1987, the Department of Commerce
(``Commerce'') issued an antidumping duty order on imports of tapered
roller bearings from China (52 FR 22667). Following first, second, and
third five-year reviews by Commerce and the Commission, effective July
11, 2000, September 15, 2006, and August 30, 2012, respectively,
Commerce issued continuations of the antidumping duty order on imports
of tapered roller bearings from China (65 FR 42665, 71 FR 54469, and 77
FR 52682). The Commission is now conducting a fourth review pursuant to
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine
whether revocation of the order would be likely to lead to continuation
or recurrence of material injury to the domestic industry within a
reasonably foreseeable time. Provisions concerning the conduct of this
proceeding may be found in the Commission's Rules of Practice and
Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207,
subparts A and F. The Commission will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct a full review or an expedited review. The Commission's

[[Page 30899]]

determination in any expedited review will be based on the facts
available, which may include information provided in response to this
notice.
Definitions.--The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is China.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination concerning tapered roller bearings from China, the
Commission found one Domestic Like Product: tapered roller bearings and
parts thereof--finished or unfinished; flange, take-up cartridge, and
hanger units incorporating tapered roller bearings, and tapered roller
housings (except pillow blocks) incorporating tapered rollers, with or
without spindles, and whether or not for automotive use. In its full
first, second, and third five-year review determinations, the
Commission defined the Domestic Like Product as tapered roller bearings
coextensive with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination
concerning tapered roller bearings from China, the Commission found one
Domestic Industry devoted to the production of the Domestic Like
Product, as defined above. In its full first, second, and third five-
year review determinations, the Commission defined the Domestic
Industry as all domestic producers of tapered roller bearings.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Deputy Agency Ethics Official, at 202-
205-3408.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with this proceeding must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will acknowledge that
information submitted in response to this request for information and
throughout this proceeding or other proceeding 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, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is August 2, 2017. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct an expedited or full review. The deadline for filing
such comments is September 14, 2017. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on E-Filing, available on the
Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
rules with respect to electronic filing. Also, in accordance with
sections 201.16(c) and 207.3 of the Commission's rules, each document
filed by a party to the proceeding must be served on all other parties
to the proceeding (as identified by either the public or APO service
list as appropriate), and a certificate of service must accompany the
document (if you are not a party to the proceeding you do not need to
serve your response).
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 17-5-390, expiration
date June 30, 2020. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436.

[[Page 30900]]

Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determination in the review.
Information To Be Provided in Response to This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. producer of the Domestic Like
Product, a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association (a majority of whose
members are interested parties under the statute), or another
interested party (including an explanation). If you are a union/worker
group or trade/business association, identify the firms in which your
workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty order on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2011.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2016, except as noted (report quantity
data in units and value data in U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 2016 (report quantity data in units and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from the
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from the Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 2016 (report quantity
data in units and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping duties). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of

[[Page 30901]]

Subject Merchandise and, if known, an estimate of the percentage of
total exports to the United States of Subject Merchandise from the
Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country after 2011, and significant changes,
if any, that are likely to occur within a reasonably foreseeable time.
Supply conditions to consider include technology; production methods;
development efforts; ability to increase production (including the
shift of production facilities used for other products and the use,
cost, or availability of major inputs into production); and factors
related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in
market demand abroad). Demand conditions to consider include end uses
and applications; the existence and availability of substitute
products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the
Subject Country, and such merchandise from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.

Authority: This proceeding is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.

By order of the Commission.

Issued: June 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-13713 Filed 6-30-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30899

determination in any expedited review days after publication of this notice in proceeding or other proceeding may be
will be based on the facts available, the Federal Register. The Secretary will disclosed to and used: (i) By the
which may include information maintain a public service list containing Commission, its employees and Offices,
provided in response to this notice. the names and addresses of all persons, and contract personnel (a) for
Definitions.—The following or their representatives, who are parties developing or maintaining the records
definitions apply to this review: to the proceeding. of this or a related proceeding, or (b) in
(1) Subject Merchandise is the class or Former Commission employees who internal investigations, audits, reviews,
kind of merchandise that is within the are seeking to appear in Commission and evaluations relating to the
scope of the five-year review, as defined five-year reviews are advised that they programs, personnel, and operations of
by the Department of Commerce. may appear in a review even if they the Commission including under 5
(2) The Subject Country in this review participated personally and U.S.C. Appendix 3; or (ii) by U.S.
is China. substantially in the corresponding government employees and contract
(3) The Domestic Like Product is the underlying original investigation or an personnel, solely for cybersecurity
domestically produced product or earlier review of the same underlying purposes. All contract personnel will
products which are like, or in the investigation. The Commission’s sign appropriate nondisclosure
absence of like, most similar in designated agency ethics official has agreements.
characteristics and uses with, the advised that a five-year review is not the Written submissions.—Pursuant to
Subject Merchandise. In its original same particular matter as the underlying
determination concerning tapered roller section 207.61 of the Commission’s
original investigation, and a five-year rules, each interested party response to
bearings from China, the Commission review is not the same particular matter
found one Domestic Like Product: this notice must provide the information
as an earlier review of the same specified below. The deadline for filing
tapered roller bearings and parts underlying investigation for purposes of
thereof—finished or unfinished; flange, such responses is August 2, 2017.
18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the
take-up cartridge, and hanger units statute for Federal employees, and
incorporating tapered roller bearings, Commission’s rules, eligible parties (as
Commission rule 201.15(b) (19 CFR specified in Commission rule
and tapered roller housings (except 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
pillow blocks) incorporating tapered 207.62(b)(1)) may also file comments
73 FR 24609 (May 5, 2008). concerning the adequacy of responses to
rollers, with or without spindles, and Consequently, former employees are not
whether or not for automotive use. In its the notice of institution and whether the
required to seek Commission approval Commission should conduct an
full first, second, and third five-year to appear in a review under Commission
review determinations, the Commission expedited or full review. The deadline
rule 19 CFR 201.15, even if the
defined the Domestic Like Product as for filing such comments is September
corresponding underlying original
tapered roller bearings coextensive with 14, 2017. All written submissions must
investigation or an earlier review of the
Commerce’s scope. conform with the provisions of section
same underlying investigation was
(4) The Domestic Industry is the U.S. 201.8 of the Commission’s rules; any
pending when they were Commission
producers as a whole of the Domestic submissions that contain BPI must also
employees. For further ethics advice on
Like Product, or those producers whose conform with the requirements of
this matter, contact Charles Smith,
collective output of the Domestic Like sections 201.6, 207.3, and 207.7 of the
Deputy Agency Ethics Official, at 202–
Product constitutes a major proportion Commission’s rules. The Commission’s
205–3408.
of the total domestic production of the Limited disclosure of business Handbook on E-Filing, available on the
product. In its original determination proprietary information (BPI) under an Commission’s Web site at https://
concerning tapered roller bearings from administrative protective order (APO) www.usitc.gov/secretary/documents/
China, the Commission found one and APO service list.—Pursuant to handbook_on_filing_procedures.pdf,
Domestic Industry devoted to the section 207.7(a) of the Commission’s elaborates upon the Commission’s rules
production of the Domestic Like rules, the Secretary will make BPI with respect to electronic filing. Also, in
Product, as defined above. In its full submitted in this proceeding available accordance with sections 201.16(c) and
first, second, and third five-year review to authorized applicants under the APO 207.3 of the Commission’s rules, each
determinations, the Commission issued in the proceeding, provided that document filed by a party to the
defined the Domestic Industry as all the application is made no later than 21 proceeding must be served on all other
domestic producers of tapered roller days after publication of this notice in parties to the proceeding (as identified
bearings. the Federal Register. Authorized by either the public or APO service list
(5) An Importer is any person or firm applicants must represent interested as appropriate), and a certificate of
engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), service must accompany the document
parent company or subsidiary, in who are parties to the proceeding. A (if you are not a party to the proceeding
importing the Subject Merchandise into separate service list will be maintained you do not need to serve your response).
the United States from a foreign by the Secretary for those parties No response to this request for
manufacturer or through its selling authorized to receive BPI under the information is required if a currently
agent. APO. valid Office of Management and Budget
Participation in the proceeding and Certification.—Pursuant to section (‘‘OMB’’) number is not displayed; the
public service list.—Persons, including 207.3 of the Commission’s rules, any OMB number is 3117 0016/USITC No.
industrial users of the Subject person submitting information to the 17–5–390, expiration date June 30,
Merchandise and, if the merchandise is Commission in connection with this 2020. Public reporting burden for the
sradovich on DSK3GMQ082PROD with NOTICES

sold at the retail level, representative proceeding must certify that the request is estimated to average 15 hours
consumer organizations, wishing to information is accurate and complete to per response. Please send comments
participate in the proceeding as parties the best of the submitter’s knowledge. In regarding the accuracy of this burden
must file an entry of appearance with making the certification, the submitter estimate to the Office of Investigations,
the Secretary to the Commission, as will acknowledge that information U.S. International Trade Commission,
provided in section 201.11(b)(4) of the submitted in response to this request for 500 E Street SW., Washington, DC
Commission’s rules, no later than 21 information and throughout this 20436.

VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1

Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30901

Subject Merchandise and, if known, an INTERNATIONAL TRADE sale for importation, and the sale within
estimate of the percentage of total COMMISSION the United States after importation of
exports to the United States of Subject certain beverage brewing capsules,
[Investigation No. 337–TA–929 components thereof, and products
Merchandise from the Subject Country (Enforcement and Rescission Proceeding)]
accounted for by your firm’s(s’) exports. containing the same, by reason of
Certain Beverage Brewing Capsules, infringement of claims 5–8 and 18–20 of
(12) Identify significant changes, if
Components Thereof, and Products U.S. Patent No. 8,720,320 (‘‘the ’320
any, in the supply and demand patent’’). Id. The notice of institution of
conditions or business cycle for the Containing the Same; Commission
Determination Finding No Violation of the investigation named as respondents
Domestic Like Product that have Solofill, LLC (‘‘Solofill’’); DongGuan Hai
occurred in the United States or in the the Remedial Orders; Determination
Not To Rescind the Remedial Orders; Rui Precision Mould Co., Ltd.
market for the Subject Merchandise in (‘‘DongGuan’’); Eko Brands, LLC
Termination of the Consolidated
the Subject Country after 2011, and (‘‘Eko’’); Evermuch Technology Co., Ltd.
Enforcement and Rescission
significant changes, if any, that are and Ever Much Company Ltd. (together,
Proceeding
likely to occur within a reasonably ‘‘Evermuch’’); and several additional
foreseeable time. Supply conditions to AGENCY: U.S. International Trade respondents that were terminated by
consider include technology; Commission. reason of consent order or settlement. 79
production methods; development ACTION: Notice. FR 53445. The Office of Unfair Import
efforts; ability to increase production Investigations (‘‘OUII’’) was also named
(including the shift of production SUMMARY: Notice is hereby given that as a party to the investigation. Id. The
facilities used for other products and the the U.S. International Trade Commission found Eko and Evermuch
use, cost, or availability of major inputs Commission has determined that in default for failure to respond to the
into production); and factors related to enforcement complainants Adrian complaint and notice of investigation.
the ability to shift supply among Rivera and Adrian Rivera Maynez Notice (May 18, 2015).
Enterprises, Inc. (collectively, ‘‘ARM’’) On March 17, 2016, the Commission
different national markets (including
have not shown that respondents Eko found no violation of section 337 by
barriers to importation in foreign Solofill and DongGuan because claims
Brands, LLC, and Espresso Supply, Inc.,
markets or changes in market demand 5–7, 18, and 20 of the ’320 patent were
violated a limited exclusion order and a
abroad). Demand conditions to consider invalid for a lack of written description
cease and desist order (together,
include end uses and applications; the ‘‘remedial orders’’). The Commission and claims 5 and 6 were invalid as
existence and availability of substitute has also determined not to rescind the anticipated. 81 FR 15742–43 (Mar. 24,
products; and the level of competition remedial orders. The consolidated 2016). The Commission, however,
among the Domestic Like Product enforcement and rescission proceeding presumed that the allegations in the
produced in the United States, Subject is hereby terminated. complaint were true with respect to the
Merchandise produced in the Subject FOR FURTHER INFORMATION CONTACT:
defaulted parties Eko Brands and
Country, and such merchandise from Robert J. Needham, Office of the General Evermuch, and thus concluded that they
other countries. Counsel, U.S. International Trade violated section 337 with respect to
(13) (OPTIONAL) A statement of Commission, 500 E Street SW., claims 8 and 19. Id. at 15743. The
whether you agree with the above Commission issued a limited exclusion
Washington, DC 20436, telephone (202)
order prohibiting Eko Brands and
definitions of the Domestic Like Product 205–3438. Copies of non-confidential
Evermuch from importing certain
and Domestic Industry; if you disagree documents filed in connection with this
beverage brewing capsules, components
with either or both of these definitions, investigation are or will be available for
thereof, and products containing the
please explain why and provide inspection during official business
same that infringed claims 8 or 19 of the
alternative definitions. hours (8:45 a.m. to 5:15 p.m.) in the
’320 patent. Id. The Commission also
Office of the Secretary, U.S.
Authority: This proceeding is being issued cease and desist orders against
International Trade Commission, 500 E
conducted under authority of title VII of the Eko Brands and Evermuch prohibiting
Street SW., Washington, DC 20436,
Tariff Act of 1930; this notice is published the sale and distribution within the
telephone (202) 205–2000. General
pursuant to section 207.61 of the United States of articles that infringe
information concerning the Commission claims 8 or 19. Id.
Commission’s rules.
may also be obtained by accessing its On June 1, 2016, ARM filed a
By order of the Commission. Internet server (https://www.usitc.gov). complaint requesting that the
Issued: June 26, 2017. The public record for this investigation Commission institute a formal
Lisa R. Barton, may be viewed on the Commission’s enforcement proceeding under
Secretary to the Commission.
electronic docket (EDIS) at https:// Commission Rule 210.75(b) to
edis.usitc.gov. Hearing-impaired investigate alleged violations of the
[FR Doc. 2017–13713 Filed 6–30–17; 8:45 am]
persons are advised that information on March 17, 2016, remedial orders by Eko
BILLING CODE 7020–02–P this matter can be obtained by and its purchaser, Espresso Supply, Inc.
contacting the Commission’s TDD (collectively, ‘‘Eko’’). The Commission
terminal on (202) 205–1810. instituted a formal enforcement
SUPPLEMENTARY INFORMATION: The proceeding on July 1, 2016. 81 FR
Commission instituted the original
sradovich on DSK3GMQ082PROD with NOTICES

43242–43.
investigation on September 9, 2014, On September 12, 2016, Eko file a
based on a complaint filed by ARM. 79 second petition requesting the
FR 53445–46 (Sept. 9, 2014). The Commission to rescind its remedial
complaint alleged violations of section orders, and to terminate the
337 of the Tariff Act of 1930, as enforcement proceeding. On November
amended, 19 U.S.C. 1337, in the 25, 2016, the Commission instituted a
importation into the United States, the rescission proceeding, and consolidated

VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1

Document Created: 2018-11-14 10:19:14
Document Modified: 2018-11-14 10:19:14

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.
Dates		Effective July 3, 2017. To be assured of consideration, the deadline for responses is August 2, 2017. Comments on the adequacy of responses may be filed with the Commission by September 14, 2017.
Contact		Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter 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 (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation		82 FR 30898