83_FR_23087 83 FR 22991 - Certain Microperforated Packaging Containing Fresh Produce; Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation as to Respondent Apio, Inc. Based On A Settlement and License Agreement; Termination of the Investigation in Its Entirety

83 FR 22991 - Certain Microperforated Packaging Containing Fresh Produce; Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation as to Respondent Apio, Inc. Based On A Settlement and License Agreement; Termination of the Investigation in Its Entirety

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range22991-22991
FR Document2018-10521

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 19) of the presiding administrative law judge (``ALJ''), granting complainant's motion to terminate the investigation as to respondent Apio, Inc. (``Apio'') of Guadalupe, California, based on a settlement and license agreement. As Apio is the last respondent, the investigation is terminated in its entirety.

Federal Register, Volume 83 Issue 96 (Thursday, May 17, 2018) 
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Page 22991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10521]



[[Page 22991]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1096]


Certain Microperforated Packaging Containing Fresh Produce; 
Commission Determination Not To Review an Initial Determination 
Granting a Motion To Terminate the Investigation as to Respondent Apio, 
Inc. Based On A Settlement and License Agreement; Termination of the 
Investigation in Its Entirety

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. 19) of the presiding administrative law judge 
(``ALJ''), granting complainant's motion to terminate the investigation 
as to respondent Apio, Inc. (``Apio'') of Guadalupe, California, based 
on a settlement and license agreement. As Apio is the last respondent, 
the investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 
on January 22, 2018, based on a complaint filed on behalf of Windham 
Packaging, LLC (``Windham'') of Windham, New Hampshire. 83 FR 3020 
(Jan. 22, 2018). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of 
infringement of claims 1-6, 11, and 13 of U.S. Patent No. 7,083,837. 83 
FR 4269 (Jan. 30, 2018). The complaint further alleges that a domestic 
industry exists. The Commission's notice of investigation named as 
respondents Alpine Fresh, Inc. (``Alpine Fresh'') of Miami, Florida; 
B&G Foods North America, Inc. (``B&G Foods'') of Parsippany, New 
Jersey; Taylor Farms California, Inc. (``Taylor Farms'') of Salinas, 
California; Apio; and Glory Foods, Inc. (``Glory Foods'') of Columbus, 
Ohio. The Office of Unfair Import Investigations is not participating 
in the investigation.
    Respondents B&G Foods, Taylor Farms, Alpine Fresh, and Glory Foods 
have been terminated from the investigation under Commission Rule 
210.21(a)(1). See Order No. 9 (Feb. 21, 2018); Comm'n Notice (Mar. 15, 
2018); Order No. 16 (Mar. 13, 2018); Comm'n Notice (Mar. 26, 2018); 
Order No. 17 (Mar. 27, 2018); Comm'n Notice (Apr. 25, 2018).
    On April 9, 2018, Windham filed a motion to terminate the 
investigation as to the last remaining respondent Apio based on a 
settlement and license agreement. Order No. 19 at 1 (Apr. 20, 2018). On 
April 20, 2018, the ALJ issued the subject ID granting the motion. Id. 
at 2. The ALJ found that the motion complies with the Commission Rules, 
and that no public interest factors prohibit the termination of this 
investigation. Id. No petitions for review were filed.
    The Commission has determined not to review the ID. The 
investigation is terminated in its entirety.
    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: May 11, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-10521 Filed 5-16-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices 22991 INTERNATIONAL TRADE No. 7,083,837. 83 FR 4269 (Jan. 30, INTERNATIONAL TRADE COMMISSION 2018). The complaint further alleges COMMISSION that a domestic industry exists. The [Investigation No. 337–TA–1096] [Inv. Nos. 701–TA–573–574 and 731–TA– Commission’s notice of investigation 1350, 1351, 1354, 1355, and 1358 (Final)] Certain Microperforated Packaging named as respondents Alpine Fresh, Containing Fresh Produce; Inc. (‘‘Alpine Fresh’’) of Miami, Florida; Carbon and Certain Alloy Steel Wire Commission Determination Not To B&G Foods North America, Inc. (‘‘B&G Rod From Italy, Korea, Spain, Turkey, Review an Initial Determination Foods’’) of Parsippany, New Jersey; and the United Kingdom; Granting a Motion To Terminate the Taylor Farms California, Inc. (‘‘Taylor Determinations Investigation as to Respondent Apio, Farms’’) of Salinas, California; Apio; On the basis of the record 1 developed Inc. Based On A Settlement and and Glory Foods, Inc. (‘‘Glory Foods’’) in the subject investigations, the United License Agreement; Termination of the of Columbus, Ohio. The Office of Unfair States International Trade Commission Investigation in Its Entirety Import Investigations is not (‘‘Commission’’) determines,2 pursuant AGENCY: U.S. International Trade participating in the investigation. to the Tariff Act of 1930 (‘‘the Act’’), Commission. Respondents B&G Foods, Taylor that an industry in the United States is ACTION: Notice. Farms, Alpine Fresh, and Glory Foods materially injured by reason of imports have been terminated from the of carbon and certain alloy steel wire SUMMARY: Notice is hereby given that investigation under Commission Rule rod from Italy, Korea, Spain, Turkey, the U.S. International Trade 210.21(a)(1). See Order No. 9 (Feb. 21, and the United Kingdom, provided for Commission has determined not to 2018); Comm’n Notice (Mar. 15, 2018); in subheadings 7213.91.30, 7213.91.45, review an initial determination (‘‘ID’’) Order No. 16 (Mar. 13, 2018); Comm’n 7213.91.60, 7213.99.00, 7227.20.00, and (Order No. 19) of the presiding Notice (Mar. 26, 2018); Order No. 17 7227.90.60 of the Harmonized Tariff administrative law judge (‘‘ALJ’’), Schedule of the United States, that have (Mar. 27, 2018); Comm’n Notice (Apr. granting complainant’s motion to been found by the Department of 25, 2018). terminate the investigation as to Commerce (‘‘Commerce’’) to be sold in respondent Apio, Inc. (‘‘Apio’’) of On April 9, 2018, Windham filed a the United States at less than fair value Guadalupe, California, based on a motion to terminate the investigation as (‘‘LTFV’’) and imports of such wire rod settlement and license agreement. As to the last remaining respondent Apio found by Commerce to be subsidized by Apio is the last respondent, the based on a settlement and license the governments of Italy and Turkey.3 investigation is terminated in its agreement. Order No. 19 at 1 (Apr. 20, entirety. 2018). On April 20, 2018, the ALJ issued Background FOR FURTHER INFORMATION CONTACT: the subject ID granting the motion. Id. The Commission, pursuant to sections Cathy Chen, Esq., Office of the General at 2. The ALJ found that the motion 705(b) and 735(b) of the Act (19 U.S.C. Counsel, U.S. International Trade complies with the Commission Rules, 1671d(b) and 19 U.S.C. 1673d(b)), Commission, 500 E Street SW, and that no public interest factors instituted these investigations effective Washington, DC 20436, telephone (202) prohibit the termination of this March 28, 2017, following receipt of a 205–2392. Copies of non-confidential investigation. Id. No petitions for review petition filed with the Commission and documents filed in connection with this were filed. Commerce by Charter Steel, Saukville, investigation are or will be available for Wisconsin; Gerdau Ameristeel US Inc., The Commission has determined not Tampa, Florida; Keystone Consolidated inspection during official business to review the ID. The investigation is hours (8:45 a.m. to 5:15 p.m.) in the Industries, Inc., Peoria, Illinois; and terminated in its entirety. Nucor Corporation, Charlotte, North Office of the Secretary, U.S. International Trade Commission, 500 E The authority for the Commission’s Carolina. Effective September 5, 2017, Street SW, Washington, DC 20436, determination is contained in section the Commission established a general telephone (202) 205–2000. General 337 of the Tariff Act of 1930, as schedule for the conduct of the final information concerning the Commission amended (19 U.S.C. 1337), and in Part phase of its investigations on carbon may also be obtained by accessing its 210 of the Commission’s Rules of and certain alloy steel wire rod, internet server at https://www.usitc.gov. Practice and Procedure (19 CFR part following preliminary determinations The public record for this investigation 210). by Commerce that imports of the subject may be viewed on the Commission’s wire rod were subsidized by the By order of the Commission. governments of Italy and Turkey. Notice electronic docket (EDIS) at https:// Issued: May 11, 2018. edis.usitc.gov. Hearing-impaired of the scheduling of the final phase of Lisa Barton, the Commission’s investigations and of persons are advised that information on this matter can be obtained by Secretary to the Commission. a public hearing to be held in contacting the Commission’s TDD [FR Doc. 2018–10521 Filed 5–16–18; 8:45 am] connection therewith was given by terminal on (202) 205–1810. BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the SUPPLEMENTARY INFORMATION: The Commission’s Rules of Practice and Procedure (19 Commission instituted this investigation CFR 207.2(f)). on January 22, 2018, based on a 2 Chairman Schmidtlein, Vice Chairman complaint filed on behalf of Windham Johanson, and Commissioners Williamson and daltland on DSKBBV9HB2PROD with NOTICES Broadbent voted in the affirmative. Commissioner Packaging, LLC (‘‘Windham’’) of Kearns did not participate in these investigations. Windham, New Hampshire. 83 FR 3020 3 The Commission also finds that imports of wire (Jan. 22, 2018). The complaint alleges rod subject to Commerce’s affirmative critical violations of section 337 of the Tariff circumstances determinations are not likely to undermine seriously the remedial effect of the Act of 1930, as amended, 19 U.S.C. antidumping duty orders on imports from Spain 1337, by reason of infringement of and the United Kingdom and the countervailing claims 1–6, 11, and 13 of U.S. Patent duty order on imports from Turkey. VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1


Document Created: 2018-05-17 00:50:31
Document Modified: 2018-05-17 00:50:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactCathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2392. 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 Citation83 FR 22991 
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