82 FR 8431 - Certain Electrical Conductor Composite Cores and Components Thereof Notice of Commission Determination Not To Review an Initial Determination Granting Unopposed Motion To Terminate the Investigation as to Remaining Respondent; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range		8431-8432
FR Document		2017-01699

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 11) granting an unopposed motion to terminate the investigation as to the only remaining respondent, Shenzhen Zm Hesheng Power Development Co., Ltd. of Shenzhen, China (``Shenzhen Zm Hesheng'') based upon good cause. This terminates the investigation.

Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)

[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8431-8432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01699]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-995]


Certain Electrical Conductor Composite Cores and Components 
Thereof Notice of Commission Determination Not To Review an Initial 
Determination Granting Unopposed Motion To Terminate the Investigation 
as to Remaining Respondent; Termination of the Investigation

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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 11) 
granting an unopposed motion to terminate the investigation as to the 
only remaining respondent, Shenzhen Zm Hesheng Power Development Co., 
Ltd. of Shenzhen, China (``Shenzhen Zm

[[Page 8432]]

Hesheng'') based upon good cause. This terminates the investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3042. 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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 16, 2016, based on a complaint filed by CTC Global Corporation, 
of Irvine, California (``CTC Global''). 81 FR 30340-41 (May 16, 2016). 
The complaint alleges violations of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain electrical conductor composite cores and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 7,211,319 and U.S. Patent No. 7,368,162. The notice of 
investigation named as respondents, Shenzhen Zm Hesheng and Mercury 
Cable & Energy, Inc. of San Juan Capistrano, California (``Mercury''). 
The Office of Unfair Import Investigations is a party to the 
investigation.
    On September 23, 2016, the ALJ issued an ID (Order No. 9) granting 
an unopposed motion to terminate the investigation as to Mercury based 
upon consent based upon a consent order stipulation and consent order. 
The Commission determined not to review. Comm'n Notice of Non-Review 
and Issuance of Consent Order (Oct. 21, 2016).
    On December 13, 2016, CTC Global filed a motion to terminate the 
investigation as to Shenzhen Zm Hesheng, the only remaining respondent. 
CTC Global stated that despite repeated attempts, it has been unable to 
serve the complaint on Shenzhen Zm Hesheng and that Shenzhen Zm Hesheng 
has not filed an answer or made any appearance in this investigation. 
On December 21, 2016, the Commission investigative attorney filed a 
response in support of the motion. No other responses to the motion 
were filed.
    On December 28, 2016, the ALJ issued the subject ID (Order No. 11) 
granting the motion. The ALJ noted that Commission Rules permit 
terminating the investigation as to any respondent based upon good 
cause (19 CFR 210.21(a)(1)) and found that good cause exists to grant 
the motion because service was unsuccessful. ID at 2 (citing Certain 
Protective Cases and Components Thereof, Inv. No. 337-TA-780, Order No. 
23 (Dec. 30, 2011) (finding good cause to terminate investigation as to 
respondents after service was unsuccessful), not rev'd by Comm'n Notice 
(Jan. 24, 2012). None of the parties petitioned for review of the ID.
    The Commission has determined not to review the ID and to terminate 
the investigation.
    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: January 19, 2017.
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2017-01699 Filed 1-24-17; 8:45 am]
 BILLING CODE 7020-02-P

8432 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices

Hesheng’’) based upon good cause. This Shenzhen Zm Hesheng has not filed an BD0874378, pursuant to which he is
terminates the investigation. answer or made any appearance in this authorized to dispense controlled
FOR FURTHER INFORMATION CONTACT: investigation. On December 21, 2016, substances in schedules II through V as
Panyin A. Hughes, Office of the General the Commission investigative attorney a practitioner, at the registered address
Counsel, U.S. International Trade filed a response in support of the of 4745 South Helena Way, Aurora,
Commission, 500 E Street SW., motion. No other responses to the Colorado. Id. The Order alleged that
Washington, DC 20436, telephone 202– motion were filed. Registrant’s registration does not expire
205–3042. Copies of non-confidential On December 28, 2016, the ALJ issued until June 30, 2019. Id.
documents filed in connection with this the subject ID (Order No. 11) granting The Show Cause Order also alleged
investigation are or will be available for the motion. The ALJ noted that that effective on July 19, 2016, the
inspection during official business Commission Rules permit terminating Colorado Medical Board issued an order
hours (8:45 a.m. to 5:15 p.m.) in the the investigation as to any respondent ‘‘which suspended [Registrant’s]
Office of the Secretary, U.S. based upon good cause (19 CFR authority to practice medicine’’ and that
International Trade Commission, 500 E 210.21(a)(1)) and found that good cause Registrant is ‘‘without authority to
Street SW., Washington, DC 20436, exists to grant the motion because [dispense] controlled substances in
telephone 202–205–2000. General service was unsuccessful. ID at 2 (citing Colorado, the [S]tate in which [he is]
information concerning the Commission Certain Protective Cases and registered with the’’ Agency. Id. The
may also be obtained by accessing its Components Thereof, Inv. No. 337–TA– Order then asserted that as a
Internet server (https://www.usitc.gov). 780, Order No. 23 (Dec. 30, 2011) consequence of the Board’s action,
The public record for this investigation (finding good cause to terminate ‘‘DEA must revoke your [registration]
may be viewed on the Commission’s investigation as to respondents after based upon your lack of authority to
electronic docket (EDIS) at https:// service was unsuccessful), not rev’d by handle controlled substances in the
edis.usitc.gov. Hearing-impaired Comm’n Notice (Jan. 24, 2012). None of State of Colorado.’’ Id. (citing 21 U.S.C.
the parties petitioned for review of the §§ 802(21), 823(f) and 824(a)(3)).
persons are advised that information on
ID. The Show Cause Order also notified
this matter can be obtained by
The Commission has determined not Registrant of his right to request a
contacting the Commission’s TDD hearing on the allegations or to submit
terminal on 202–205–1810. to review the ID and to terminate the
investigation. a written statement in lieu of a hearing,
SUPPLEMENTARY INFORMATION: The the procedure for electing either option,
Commission instituted this investigation The authority for the Commission’s
determination is contained in section and the consequence for failing to elect
on May 16, 2016, based on a complaint either option. Id. at 2 (citing 21 CFR
filed by CTC Global Corporation, of 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part 1301.43). In addition, the Show Cause
Irvine, California (‘‘CTC Global’’). 81 FR Order notified Registrant of his right to
30340–41 (May 16, 2016). The 210 of the Commission’s Rules of
submit a Corrective Action Plan. Id. at
complaint alleges violations of section Practice and Procedure (19 CFR part
2–3.
337 of the Tariff Act of 1930, as 210). On or about September 21, 2016, a
amended (19 U.S.C. 1337), in the By order of the Commission. Diversion Investigator (DI) with the
importation into the United States, the Issued: January 19, 2017. Denver Division Office mailed the Show
sale for importation, and the sale within Katherine M. Hiner, Cause Order to Registrant via Certified
the United States after importation of Acting Supervisory Attorney. Mail addressed to him at his registered
certain electrical conductor composite [FR Doc. 2017–01699 Filed 1–24–17; 8:45 am] address of 4745 South Helena Way,
cores and components thereof by reason Aurora, Colorado. GX 3, at 1–2
BILLING CODE 7020–02–P
of infringement of certain claims of U.S. (Declaration of DI). According to the DI,
Patent No. 7,211,319 and U.S. Patent using the Postal Service’s tracking
No. 7,368,162. The notice of system, she determined that the Show
investigation named as respondents, DEPARTMENT OF JUSTICE Cause Order was delivered to
Shenzhen Zm Hesheng and Mercury Registrant’s address on September 28,
Drug Enforcement Administration
Cable & Energy, Inc. of San Juan 2016; the DI also averred that on or
Capistrano, California (‘‘Mercury’’). The Gentry Reeves Dunlop, M.D.; Decision about September 30, 2016, she received
Office of Unfair Import Investigations is and Order back the return receipt card. Id. at 2.
a party to the investigation. On November 7, 2016, the
On September 23, 2016, the ALJ On September 20, 2016, the Assistant Government forwarded its Request for
issued an ID (Order No. 9) granting an Administrator, Diversion Control Final Agency Action (RFAA) and an
unopposed motion to terminate the Division, Drug Enforcement evidentiary record to my Office.
investigation as to Mercury based upon Administration (DEA), issued an Order Therein, the Government represents that
consent based upon a consent order to Show Cause to Gentry R. Dunlop, it ‘‘has not received a request for hearing
stipulation and consent order. The M.D. (Registrant), of Aurora, Colorado. or any other reply from Registrant.’’
Commission determined not to review. The Show Cause Order proposed the RFAA, at 2.
Comm’n Notice of Non-Review and revocation of Registrant’s DEA Based on the Government’s
Issuance of Consent Order (Oct. 21, Certificate of Registration on the ground representation that more than 30 days
2016). that he does not have authority to have now passed since the date of
On December 13, 2016, CTC Global dispense controlled substances in service of the Show Cause Order and
mstockstill on DSK3G9T082PROD with NOTICES

filed a motion to terminate the Colorado, the State in which he is that Registrant has not submitted a
investigation as to Shenzhen Zm registered with the DEA. Order to Show request for a hearing or any other reply,
Hesheng, the only remaining Cause, at 1 (citing 21 U.S.C. §§ 823(f) I find that Registrant has waived his
respondent. CTC Global stated that and 824(a)(3)). right to a hearing or to submit a written
despite repeated attempts, it has been As grounds for the action, the Show statement in lieu of a hearing. 21 CFR
unable to serve the complaint on Cause Order alleged that Registrant is 1301.43(d). I therefore issue this
Shenzhen Zm Hesheng and that the holder of Certificate of Registration Decision and Final Order based on

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Document Created: 2017-01-25 00:08:51
Document Modified: 2017-01-25 00:08:51

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		Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3042. 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		82 FR 8431