82 FR 31349 - Certain Intravascular Administration Sets and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding Respondent Yangzhou Weideli Trade Co., Ltd. in Default; Request for Submissions
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 128 (July 6, 2017)
Federal Register Volume 82, Issue 128 (July 6, 2017)
| Page Range | 31349-31350 | |
| FR Document | 2017-14194 |
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)] [Notices] [Pages 31349-31350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14194] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1048] Certain Intravascular Administration Sets and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding Respondent Yangzhou Weideli Trade Co., Ltd. in Default; Request for Submissions 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'') (Order No. 6) of the presiding administrative law judge (``ALJ'') finding respondent Yangzhou WeiDeLi Trade Co., Ltd. in default. The Commission is requesting submissions on remedy, bonding and the public interest. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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 at 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 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), on April 12, 2017, based on a complaint filed by Curlin Medical Inc. of East Aurora, New York; ZEVEX, Inc. of Salt Lake City, Utah; and Moog Inc. of East Aurora, New York (collectively, ``Complainants''). 82 FR 17690-91 (Apr. 12, 2017). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 6,164,921 (``the `921 patent'') and 6,371,732 (``the `732 patent''). The complaint named Yangzhou WeiDeLi Trade Co., Ltd. of Yangzhou, China (``Yangzhou'' or ``Respondent'') as the only respondent in this investigation. The Commission's Office of Unfair Import Investigations was named as a party. On April 7, 2017, the Commission served a copy of the Complaint and Notice of Investigation on Yangzhou by express delivery. EDIS Document Number 606380. Docket Services confirmed that the documents were accepted by Yangzhou on April 10, 2017. Yangzhou did not timely respond to the Complaint and Notice of Investigation. On May 10, 2017, Complainants filed a Motion for an Order to Show Cause and Entry of Default Judgement as to Respondent and for a Stay of the Procedural Schedule. (Mot.) On May 23, 2017, the ALJ issued Order No. 5, granting Complainants' motion and ordering respondent Yangzhou to show cause why it should not be held in default for failing to respond to the complaint and notice of investigation. The order set a deadline of June 9, 2017, and no response was received from Yangzhou. On June 13, 2017, the ALJ issued the subject ID (Order No. 6). The ALJ found that Yangzhou failed to respond to Order No. 5 and, accordingly, he determined that Yangzhou be found in default. Order No. 6 at 2. The ALJ further stated that Yangzhou therefore waived its right to appear, be served with documents, and to contest the allegations at issue in this investigation. Id. No party petitioned for review of the subject ID, and the Commission has determined not to review the ID. Complainants have indicated that they are not seeking a general exclusion order. See Complaint and Mot. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue a cease and desist order that could result in the respondent 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 are 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 (Dec. 1994). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist 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 [[Page 31350]] prescribed by the Secretary of the Treasury. 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. Complainants and the Commission investigative attorney (``IA'') are also requested to submit proposed remedial orders for the Commission's consideration. Complainants are further requested to provide the expiration date of the `921 and `732 patents, the HTSUS numbers under which the accused articles are imported, and the identities of any known importers of the accused products. The written submissions and proposed remedial orders must be filed no later than the close of business on July 14, 2017. Reply submissions must be filed no later than the close of business on July 21, 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 deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day 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-1048'') 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_electronicfiling.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 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, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 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: June 30, 2017. Katherine M. Hiner, Supervisory Attorney. [FR Doc. 2017-14194 Filed 7-5-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31349
information is necessary for the agency 205–3115. Copies of non-confidential Order No. 5 and, accordingly, he
to perform its duties, including whether documents filed in connection with this determined that Yangzhou be found in
the information is useful; (b) the investigation are or will be available for default. Order No. 6 at 2. The ALJ
accuracy of the agency’s estimate of the inspection during official business further stated that Yangzhou therefore
burden of the proposed collection of hours (8:45 a.m. to 5:15 p.m.) in the waived its right to appear, be served
information; (c) ways to enhance the Office of the Secretary, U.S. with documents, and to contest the
quality, usefulness, and clarity of the International Trade Commission, 500 E allegations at issue in this investigation.
information to be collected; and (d) how Street SW., Washington, DC 20436, Id. No party petitioned for review of the
to minimize the burden on the telephone (202) 205–2000. General subject ID, and the Commission has
respondents, including the use of information concerning the Commission determined not to review the ID.
automated collection techniques or may also be obtained by accessing its Complainants have indicated that they
other forms of information technology. Internet server at https://www.usitc.gov. are not seeking a general exclusion
Please note that the comments The public record for this investigation order. See Complaint and Mot.
submitted in response to this notice are may be viewed on the Commission’s In connection with the final
a matter of public record. Before electronic docket (EDIS) at https:// disposition of this investigation, the
including your personal mailing edis.usitc.gov. Hearing-impaired Commission may (1) issue an order that
address, phone number, email address, persons are advised that information on could result in the exclusion of the
or other personally identifiable this matter can be obtained by subject articles from entry into the
information in your comment, you contacting the Commission’s TDD United States, and/or (2) issue a cease
should be aware that your entire terminal on (202) 205–1810. and desist order that could result in the
comment, including your personally respondent being required to cease and
SUPPLEMENTARY INFORMATION: The
identifiable information, may be made desist from engaging in unfair acts in
Commission instituted this investigation
publicly available at any time. While the importation and sale of such
under section 337 of the Tariff Act of
you can ask us in your comment to articles.
1930, as amended, 19 U.S.C. 1337 Accordingly, the Commission is
withhold your personally identifiable (‘‘section 337’’), on April 12, 2017,
information from public view, we interested in receiving written
based on a complaint filed by Curlin submissions that address the form of
cannot guarantee that we will be able to Medical Inc. of East Aurora, New York;
do so. remedy, if any, that should be ordered.
ZEVEX, Inc. of Salt Lake City, Utah; and If a party seeks exclusion of an article
Christopher Reich, Moog Inc. of East Aurora, New York from entry into the United States for
Deputy Center Director, USGS St. Petersburg
(collectively, ‘‘Complainants’’). 82 FR purposes other than entry for
Coastal and Marine Science Center. 17690–91 (Apr. 12, 2017). The consumption, the party should so
[FR Doc. 2017–14192 Filed 7–5–17; 8:45 am]
complaint alleges a violation of section indicate and provide information
337 by reason of infringement of certain establishing that activities involving
BILLING CODE 4338–11–P
claims of U.S. Patent Nos. 6,164,921 other types of entry either are adversely
(‘‘the ‘921 patent’’) and 6,371,732 (‘‘the affecting it or are likely to do so. For
‘732 patent’’). The complaint named background, see Certain Devices for
INTERNATIONAL TRADE Yangzhou WeiDeLi Trade Co., Ltd. of
COMMISSION Connecting Computers via Telephone
Yangzhou, China (‘‘Yangzhou’’ or Lines, Inv. No. 337–TA–360, USITC
[Investigation No. 337–TA–1048] ‘‘Respondent’’) as the only respondent Pub. No. 2843, Comm’n Op. at 7–10
in this investigation. The Commission’s (Dec. 1994).
Certain Intravascular Administration Office of Unfair Import Investigations If the Commission contemplates some
Sets and Components Thereof; Notice was named as a party. form of remedy, it must consider the
of a Commission Determination Not To On April 7, 2017, the Commission effects of that remedy upon the public
Review an Initial Determination Finding served a copy of the Complaint and interest. The factors the Commission
Respondent Yangzhou Weideli Trade Notice of Investigation on Yangzhou by will consider include the effect that an
Co., Ltd. in Default; Request for express delivery. EDIS Document exclusion order and/or cease and desist
Submissions Number 606380. Docket Services orders would have on (1) the public
confirmed that the documents were health and welfare, (2) competitive
AGENCY: U.S. International Trade accepted by Yangzhou on April 10, conditions in the U.S. economy, (3) U.S.
Commission. 2017. Yangzhou did not timely respond production of articles that are like or
ACTION: Notice. to the Complaint and Notice of directly competitive with those that are
Investigation. On May 10, 2017, subject to investigation, and (4) U.S.
SUMMARY: Notice is hereby given that Complainants filed a Motion for an consumers. The Commission is
the U.S. International Trade Order to Show Cause and Entry of therefore interested in receiving written
Commission has determined not to Default Judgement as to Respondent and submissions that address the
review an initial determination (‘‘ID’’) for a Stay of the Procedural Schedule. aforementioned public interest factors
(Order No. 6) of the presiding (Mot.) On May 23, 2017, the ALJ issued in the context of this investigation.
administrative law judge (‘‘ALJ’’) Order No. 5, granting Complainants’ If the Commission orders some form
finding respondent Yangzhou WeiDeLi motion and ordering respondent of remedy, the U.S. Trade
Trade Co., Ltd. in default. The Yangzhou to show cause why it should Representative, as delegated by the
Commission is requesting submissions not be held in default for failing to President, has 60 days to approve or
sradovich on DSK3GMQ082PROD with NOTICES
on remedy, bonding and the public respond to the complaint and notice of disapprove the Commission’s action.
interest. investigation. The order set a deadline See Presidential Memorandum of July
FOR FURTHER INFORMATION CONTACT: of June 9, 2017, and no response was 21, 2005, 70 FR 43251 (July 26, 2005).
Michael Liberman, Esq., Office of the received from Yangzhou. During this period, the subject articles
General Counsel, U.S. International On June 13, 2017, the ALJ issued the would be entitled to enter the United
Trade Commission, 500 E Street SW., subject ID (Order No. 6). The ALJ found States under bond, in an amount
Washington, DC 20436, telephone (202) that Yangzhou failed to respond to determined by the Commission and
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![31350 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
prescribed by the Secretary of the internal investigations, audits, reviews, Washington, DC 20436, telephone (202)
Treasury. and evaluations relating to the 708–2310. Copies of non-confidential
Written Submissions: Parties to the programs, personnel, and operations of documents filed in connection with this
investigation, interested government the Commission including under 5 investigation are or will be available for
agencies, and any other interested U.S.C. Appendix 3; or (ii) by U.S. inspection during official business
parties are encouraged to file written government employees and contract hours (8:45 a.m. to 5:15 p.m.) in the
submissions on the issues of remedy, personnel, solely for cybersecurity Office of the Secretary, U.S.
the public interest and bonding. purposes. All contract personnel will International Trade Commission, 500 E
Complainants and the Commission sign appropriate nondisclosure Street SW., Washington, DC 20436,
investigative attorney (‘‘IA’’) are also agreements. All non-confidential telephone (202) 205–2000. General
requested to submit proposed remedial written submissions will be available for information concerning the Commission
orders for the Commission’s public inspection at the Office of the may also be obtained by accessing its
consideration. Secretary and on EDIS. Internet server at https://www.usitc.gov.
Complainants are further requested to The authority for the Commission’s The public record for this investigation
provide the expiration date of the ‘921 determination is contained in section may be viewed on the Commission’s
and ‘732 patents, the HTSUS numbers 337 of the Tariff Act of 1930, as electronic docket (EDIS) at https://
under which the accused articles are amended, 19 U.S.C. 1337, and in part edis.usitc.gov. Hearing-impaired
imported, and the identities of any 210 of the Commission’s Rules of persons are advised that information on
known importers of the accused Practice and Procedure, 19 CFR part this matter can be obtained by
products. The written submissions and 210. contacting the Commission’s TDD
proposed remedial orders must be filed terminal on (202) 205–1810.
By order of the Commission.
no later than the close of business on
Issued: June 30, 2017. SUPPLEMENTARY INFORMATION: Section
July 14, 2017. Reply submissions must
be filed no later than the close of Katherine M. Hiner, 337 of the Tariff Act of 1930 (19 U.S.C.
business on July 21, 2017. No further Supervisory Attorney. 1337(d)(1)) provides that if the
submissions on these issues will be [FR Doc. 2017–14194 Filed 7–5–17; 8:45 am] Commission finds a violation it shall
permitted unless otherwise ordered by BILLING CODE 7020–02–P
exclude the articles concerned from the
the Commission. United States:
Persons filing written submissions . . . [U]nless, after considering the effect of
must file the original document INTERNATIONAL TRADE such exclusion upon the public health and
electronically on or before the deadlines COMMISSION welfare, competition conditions in the
stated above and submit 8 true paper United States economy, the production of
[Investigation No. 337–TA–1000] like or directly competitive articles in the
copies to the Office of the Secretary by
United States consumers, it finds that such
noon the next day pursuant to section Certain Motorized Self-Balancing articles should not be excluded from entry.
210.4(f) of the Commission’s Rules of Vehicles; Supplemental Notice of
Practice and Procedure (19 CFR Request for Statements on the Public A similar provision applies to cease and
210.4(f)). Submissions should refer to Interest desist orders (see 19 U.S.C. 1337(f)(1)).
the investigation number (‘‘Inv. No. The Commission is interested in
337–TA–1048’’) in a prominent place on AGENCY: International Trade further development of the record on
the cover page and/or the first page. (See Commission. the public interest in its investigations.
Handbook for Electronic Filing ACTION: Notice. Accordingly, members of the public are
Procedures, http://www.usitc.gov/ invited to file submissions of no more
SUMMARY: Notice is hereby given that than five (5) pages, inclusive of
secretary/fed_reg_notices/rules/
the presiding administrative law judge attachments, concerning the public
handbook_on_electronicfiling.pdf).
(‘‘ALJ’’) has issued a Final Initial interest in light of the administrative
Persons with questions regarding filing
Determination on Violation of Section law judge’s Recommended
should contact the Secretary (202–205–
2000). 337 and Recommended Determination Determination on Remedy and Bonding
Any person desiring to submit a on Remedy and Bonding in the above- issued in this investigation on May 26,
document to the Commission in captioned investigation. The 2017. Comments should address
confidence must request confidential Commission is soliciting comments on whether issuance of an exclusion order
treatment. All such requests should be public interest issues raised by the and/or cease and desist orders in this
directed to the Secretary to the recommended relief should the investigation could affect the public
Commission and must include a full Commission find a violation of section health and welfare in the United States,
statement of the reasons why the 337, as amended. The ALJ competitive conditions in the United
Commission should grant such recommended a limited exclusion order States economy, the production of like
treatment. See 19 CFR 201.6. Documents directed against certain motorized self- or directly competitive articles in the
for which confidential treatment by the balancing vehicles imported by the United States, or United States
Commission is properly sought will be sixteen defaulting respondents, and consumers.
treated accordingly. All information, cease and desist orders directed against In particular, the Commission is
including confidential business these respondents. This supplemental interested in comments that:
information and documents for which notice is soliciting public interest (i) Explain how the articles
confidential treatment is properly comments from the public only. Parties potentially subject to the recommended
sradovich on DSK3GMQ082PROD with NOTICES
sought, submitted to the Commission for are to file public interest submissions orders are used in the United States;
purposes of this Investigation may be pursuant to applicable Federal (ii) identify any public health, safety,
disclosed to and used: (i) By the regulations. or welfare concerns in the United States
Commission, its employees and Offices, FOR FURTHER INFORMATION CONTACT: relating to the recommended orders;
and contract personnel (a) for Clint A. Gerdine, Office of the General (iii) indicate the extent to which like
developing or maintaining the records Counsel, U.S. International Trade or directly competitive articles are
of this or a related proceeding, or (b) in Commission, 500 E Street SW., produced in the United States or are
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Document Created: 2017-07-06 01:04:43
Document Modified: 2017-07-06 01:04:43
| 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 | Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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 at 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 | 82 FR 31349 |
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