83 FR 3020 - Certain Microperforated Packaging Containing Fresh Produce; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 14 (January 22, 2018)
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 3020-3020 | |
| FR Document | 2018-01037 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![3020 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
Availability: The electronic version of Street SW, Room 112, Washington, DC Glory Foods, Inc., 901 Oak Street,
the Final EA/FONSI is available on the 20436, telephone (202) 205–2000. Columbus, OH 43205.
USIBWC web page: https:// Hearing impaired individuals are Taylor Farms California, Inc., 947 B
www.ibwc.gov/EMD/EIS_EA_Public_ advised that information on this matter Blanco Circle, Salinas, CA 93901.
Comment.html. can be obtained by contacting the
Dated: January 8, 2018. Commission’s TDD terminal on (202) (3) For the investigation so instituted,
Matt Myers, 205–1810. Persons with mobility the Chief Administrative Law Judge,
Chief Legal Counsel.
impairments who will need special U.S. International Trade Commission,
assistance in gaining access to the shall designate the presiding
[FR Doc. 2018–00943 Filed 1–19–18; 8:45 am]
Commission should contact the Office Administrative Law Judge.
BILLING CODE 4710–01–P
of the Secretary at (202) 205–2000. The Office of Unfair Import
General information concerning the Investigations will not participate as a
Commission may also be obtained by
INTERNATIONAL TRADE party in this investigation.
accessing its internet server at https://
COMMISSION www.usitc.gov. The public record for Responses to the complaint and the
[Investigation No. 337–TA–1096] this investigation may be viewed on the notice of investigation must be
Commission’s electronic docket (EDIS) submitted by the named respondents in
Certain Microperforated Packaging at https://edis.usitc.gov. accordance with section 210.13 of the
Containing Fresh Produce; Institution FOR FURTHER INFORMATION CONTACT: Commission’s Rules of Practice and
of Investigation Katherine Hiner, Office of the Secretary, Procedure, 19 CFR 210.13. Pursuant to
AGENCY: U.S. International Trade Docket Services Division, U.S. 19 CFR 201.16(e) and 210.13(a), such
Commission. International Trade Commission, responses will be considered by the
ACTION: Notice. telephone (202) 205–1802. Commission if received not later than 20
SUPPLEMENTARY INFORMATION: days after the date of service by the
SUMMARY: Notice is hereby given that a Authority: The authority for Commission of the complaint and the
complaint was filed with the U.S. institution of this investigation is notice of investigation. Extensions of
International Trade Commission on contained in section 337 of the Tariff time for submitting responses to the
November 13, 2017, under section 337 Act of 1930, as amended, 19 U.S.C. 1337 complaint and the notice of
of the Tariff Act of 1930, as amended, and in section 210.10 of the investigation will not be granted unless
on behalf of Windham Packaging LLC of Commission’s Rules of Practice and good cause therefor is shown.
Windham, New Hampshire. On Procedure, 19 CFR 210.10 (2017).
December 4, 2017 Complainant Failure of a respondent to file a timely
Scope of Investigation: Having
requested an extension of time until response to each allegation in the
considered the complaint, the U.S.
January 2, 2018 to file supplemental International Trade Commission, on complaint and in this notice may be
material, and the request was granted January 16, 2018, ordered that— deemed to constitute a waiver of the
December 7, 2017. EDIS Doc. IDs (1) Pursuant to subsection (b) of right to appear and contest the
630561 (Request) and 631033 (Letter section 337 of the Tariff Act of 1930, as allegations of the complaint and this
granting request). On January 2, 2018 amended, an investigation be instituted notice, and to authorize the
Complainant requested a second to determine whether there is a administrative law judge and the
extension of time until January 16, 2018 violation of subsection (a)(1)(B) of Commission, without further notice to
to file supplemental materials. EDIS section 337 in the importation into the the respondent, to find the facts to be as
Doc. ID 632797. An amended complaint United States, the sale for importation, alleged in the complaint and this notice
was filed January 3, 2018. The or the sale within the United States after and to enter an initial determination
complaint, as amended, alleges importation of certain microperforated and a final determination containing
violations of section 337 based upon the packaging containing fresh produce by such findings, and may result in the
importation into the United States, the reason of infringement of one or more of issuance of an exclusion order or a cease
sale for importation, and the sale within claims 1–6, 11, and 13, and whether an and desist order or both directed against
the United States after importation of industry in the United States exists as the respondent.
certain microperforated packaging required by subsection (a)(2) of section
By order of the Commission.
containing fresh produce by reason of 337;
infringement of certain claims of U.S. (2) For the purpose of the Issued: January 17, 2018.
Patent No. 7,083,837 (‘‘the ’837 patent’’). investigation so instituted, the following Lisa R. Barton,
The complaint further alleges that an are hereby named as parties upon which Secretary to the Commission.
industry in the United States exists as this notice of investigation shall be [FR Doc. 2018–01037 Filed 1–19–18; 8:45 am]
required by the applicable Federal served: BILLING CODE 7020–02–P
Statute. (a) The complainant is: Windham
The amended complainant requests Packaging, LLC, 18 Wilson Road,
that the Commission institute an Windham, NH 03087.
investigation and, after the (b) The respondents are the following
investigation, issue a limited exclusion entities alleged to be in violation of
order and cease and desist orders. section 337, and are the parties upon
ethrower on DSK3G9T082PROD with NOTICES
ADDRESSES: The amended complaint, which the complaint is to be served:
except for any confidential information Alpine Fresh, Inc., 9300 NW 58th Street,
contained therein, is available for Suite 201, Miami, FL 33178.
inspection during official business Apio, Inc., 4575 W Main Street,
hours (8:45 a.m. to 5:15 p.m.) in the Guadalupe, CA 93434.
Office of the Secretary, U.S. B&G Foods North America, Inc., Four
International Trade Commission, 500 E Gatehall Drive, Parsippany, NJ 07054.
VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4703 Sfmt 9990 E:\FR\FM\22JAN1.SGM 22JAN1](https://thefederalregister.org/doc/83_FR_3034/page/1.svg)
Document Created: 2018-01-23 21:36:01
Document Modified: 2018-01-23 21:36:01
| 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 | Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 83 FR 3020 |
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