83 FR 3020 - Certain Microperforated Packaging Containing Fresh Produce; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 14 (January 22, 2018)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 13, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Windham Packaging LLC of Windham, New Hampshire. On December 4, 2017 Complainant requested an extension of time until January 2, 2018 to file supplemental material, and the request was granted December 7, 2017. EDIS Doc. IDs 630561 (Request) and 631033 (Letter granting request). On January 2, 2018 Complainant requested a second extension of time until January 16, 2018 to file supplemental materials. EDIS Doc. ID 632797. An amended complaint was filed January 3, 2018. The complaint, as amended, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain microperforated packaging containing fresh produce by reason of infringement of certain claims of U.S. Patent No. 7,083,837 (``the '837 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Page 3020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01037]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1096]


Certain Microperforated Packaging Containing Fresh Produce; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 13, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Windham 
Packaging LLC of Windham, New Hampshire. On December 4, 2017 
Complainant requested an extension of time until January 2, 2018 to 
file supplemental material, and the request was granted December 7, 
2017. EDIS Doc. IDs 630561 (Request) and 631033 (Letter granting 
request). On January 2, 2018 Complainant requested a second extension 
of time until January 16, 2018 to file supplemental materials. EDIS 
Doc. ID 632797. An amended complaint was filed January 3, 2018. The 
complaint, as amended, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain 
microperforated packaging containing fresh produce by reason of 
infringement of certain claims of U.S. Patent No. 7,083,837 (``the '837 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The amended complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is 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, Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
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 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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 16, 2018, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain 
microperforated packaging containing fresh produce by reason of 
infringement of one or more of claims 1-6, 11, and 13, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Windham Packaging, LLC, 18 Wilson Road, 
Windham, NH 03087.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Alpine Fresh, Inc., 9300 NW 58th Street, Suite 201, Miami, FL 33178.
Apio, Inc., 4575 W Main Street, Guadalupe, CA 93434.
B&G Foods North America, Inc., Four Gatehall Drive, Parsippany, NJ 
07054.
Glory Foods, Inc., 901 Oak Street, Columbus, OH 43205.
Taylor Farms California, Inc., 947 B Blanco Circle, Salinas, CA 93901.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: January 17, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01037 Filed 1-19-18; 8:45 am]
 BILLING CODE 7020-02-P