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)

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.

[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]


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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.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (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