83 FR 32686 - Certain Convertible Sofas and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 135 (July 13, 2018)
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32686-32687 | |
| FR Document | 2018-14956 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Notices] [Pages 32686-32687] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14956] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1122] Certain Convertible Sofas and Components Thereof; 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 June 7, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sauder Manufacturing Company of Archbold, Ohio. A supplement to the complaint was filed on June 14, 2018. The complaint, as supplemented, 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 convertible sofas and components thereof by reason of infringement of U.S. Design Patent No. 716,576 (``the '576 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue limited exclusion order and a cease and desist order. ADDRESSES: The 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 M. Hiner, The Office of Docket Services, 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 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 6, 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 products identified in paragraph (2) by reason of infringement of the claim of the '576 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ``convertible sofas that include the unitary combination of two upholstered seating areas, each bordered on the lateral end with a vertical armrest, such areas being separated by a flat table member that can be placed substantially level with the seating areas as well as raised above the level of the seating areas to various degrees to provide an open space beneath the table and for the full width of the table. In addition, the sofa includes a full width, integral backrest that can be folded down on top of the seats and table to provide a sleep/rest surface''; (3) 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: Sauder Manufacturing Company, 930 West Barre Road, Archbold, OH 43502. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Krug, Inc., 111 Ahrens Street, Kitchener, Ontario, Canada N2C 1L5 (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge; (5) The Office of Unfair Import Investigations will not be named as a party to this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondent 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 the 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. [[Page 32687]] Issued: July 9, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-14956 Filed 7-12-18; 8:45 am] BILLING CODE P
![32686 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
cause exists for amending [the NOI]’’ limited exclusion order and a cease and a flat table member that can be placed
under Commission Rule 210.14(b), 19 desist order. substantially level with the seating areas
CFR 210.14(b). See ID at 2–3. ADDRESSES: The complaint, except for as well as raised above the level of the
Specifically, the ID reasons that any confidential information contained seating areas to various degrees to
‘‘[c]orrecting a clerical error constitutes therein, is available for inspection provide an open space beneath the table
good cause to amend [the NOI]’’ and during official business hours (8:45 a.m. and for the full width of the table. In
that ‘‘Complainant did not improperly to 5:15 p.m.) in the Office of the addition, the sofa includes a full width,
delay in bringing [the Motion].’’ See id. Secretary, U.S. International Trade integral backrest that can be folded
at 3. The ID also finds that ‘‘amending Commission, 500 E Street SW, Room down on top of the seats and table to
the [NOI] to add claim 30 will not 112, Washington, DC 20436, telephone provide a sleep/rest surface’’;
prejudice Respondent’’ because ‘‘[t]he (202) 205–2000. Hearing impaired (3) For the purpose of the
parties proceeded throughout discovery individuals are advised that information investigation so instituted, the following
as if claim 30 was within the scope of on this matter can be obtained by are hereby named as parties upon which
the Investigation.’’ See id. at 4. contacting the Commission’s TDD this notice of investigation shall be
No petition for review of the subject terminal on (202) 205–1810. Persons served:
ID was filed. The Commission has with mobility impairments who will
determined not to review the ID. (a) The complainant is: Sauder
need special assistance in gaining access Manufacturing Company, 930 West
The authority for the Commission’s to the Commission should contact the
determination is contained in section Barre Road, Archbold, OH 43502.
Office of the Secretary at (202) 205–
337 of the Tariff Act of 1930, as 2000. General information concerning (b) The respondent is the following
amended (19 U.S.C. 1337), and in part the Commission may also be obtained entity alleged to be in violation of
210 of the Commission’s Rules of by accessing its internet server at section 337, and is the party upon
Practice and Procedure (19 CFR part https://www.usitc.gov. The public which the complaint is to be served:
210). record for this investigation may be Krug, Inc., 111 Ahrens Street, Kitchener,
By order of the Commission. viewed on the Commission’s electronic Ontario, Canada N2C 1L5
Issued: July 9, 2018. docket (EDIS) at https://edis.usitc.gov. (4) For the investigation so instituted,
Lisa Barton, FOR FURTHER INFORMATION CONTACT: the Chief Administrative Law Judge,
Secretary to the Commission. Katherine M. Hiner, The Office of U.S. International Trade Commission,
Docket Services, U.S. International shall designate the presiding
[FR Doc. 2018–14954 Filed 7–12–18; 8:45 am]
Trade Commission, telephone (202) Administrative Law Judge;
BILLING CODE 7020–02–P
205–1802. (5) The Office of Unfair Import
SUPPLEMENTARY INFORMATION: Investigations will not be named as a
INTERNATIONAL TRADE Authority: The authority for party to this investigation.
COMMISSION institution of this investigation is Responses to the complaint and the
contained in section 337 of the Tariff notice of investigation must be
[Investigation No. 337–TA–1122] Act of 1930, as amended, 19 U.S.C. submitted by the named respondent in
Certain Convertible Sofas and 1337, and in section 210.10 of the accordance with section 210.13 of the
Components Thereof; Institution of Commission’s Rules of Practice and Commission’s Rules of Practice and
Investigation Procedure, 19 CFR 210.10 (2018). Procedure, 19 CFR 210.13. Pursuant to
Scope of Investigation: Having 19 CFR 201.16(e) and 210.13(a), such
AGENCY: U.S. International Trade considered the complaint, the U.S. responses will be considered by the
Commission. International Trade Commission, on Commission if received not later than 20
ACTION: Notice. July 6, 2018, ORDERED THAT— days after the date of service by the
(1) Pursuant to subsection (b) of Commission of the complaint and the
SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as notice of investigation. Extensions of
complaint was filed with the U.S. amended, an investigation be instituted time for submitting responses to the
International Trade Commission on June to determine whether there is a complaint and the notice of
7, 2018, under section 337 of the Tariff violation of subsection (a)(1)(B) of investigation will not be granted unless
Act of 1930, as amended, on behalf of section 337 in the importation into the good cause therefor is shown.
Sauder Manufacturing Company of United States, the sale for importation,
Archbold, Ohio. A supplement to the or the sale within the United States after Failure of the respondent to file a
complaint was filed on June 14, 2018. importation of products identified in timely response to each allegation in the
The complaint, as supplemented, paragraph (2) by reason of infringement complaint and in this notice may be
alleges violations of section 337 based of the claim of the ’576 patent; and deemed to constitute a waiver of the
upon the importation into the United whether an industry in the United right to appear and contest the
States, the sale for importation, and the States exists as required by subsection allegations of the complaint and this
sale within the United States after (a)(2) of section 337; notice, and to authorize the
importation of certain convertible sofas (2) Pursuant to section 210.10(b)(1) of administrative law judge and the
and components thereof by reason of the Commission’s Rules of Practice and Commission, without further notice to
infringement of U.S. Design Patent No. Procedure, 19 CFR 210.10(b)(1), the the respondent, to find the facts to be as
plain language description of the alleged in the complaint and this notice
sradovich on DSK3GMQ082PROD with NOTICES
716,576 (‘‘the ’576 patent’’). The
complaint further alleges that an accused products or category of accused and to enter an initial determination
industry in the United States exists as products, which defines the scope of the and a final determination containing
required by the applicable Federal investigation, is ‘‘convertible sofas that such findings, and may result in the
Statute. include the unitary combination of two issuance of an exclusion order or a cease
The complainant requests that the upholstered seating areas, each bordered and desist order or both directed against
Commission institute an investigation on the lateral end with a vertical the respondent.
and, after the investigation, issue armrest, such areas being separated by By order of the Commission.
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![Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32687
Issued: July 9, 2018. cleanup of the Centredale Manor DEPARTMENT OF JUSTICE
Lisa Barton, Superfund Site in North Providence,
Secretary to the Commission. Rhode Island under the Comprehensive [OMB Number 1110–0065]
[FR Doc. 2018–14956 Filed 7–12–18; 8:45 am] Environmental Response,
BILLING CODE P Compensation, and Liability Act, 42 Agency Information Collection
U.S.C. 9601 et seq. The proposed Activities; Proposed eCollection
Consent Decree requires Emhart and eComments Requested; Extension
INTERNATIONAL TRADE Black & Decker to undertake work to With Change, of a Previously
COMMISSION clean up the Centredale Site and to pay Approved Collection 2013 Private
Industry Feedback Survey
[USITC SE–18–033] the United States’ and Rhode Islands’
costs. It also commits the United States AGENCY: Cyber Division, Federal Bureau
Government in the Sunshine Act to pay a portion of the cleanup costs on of Investigation, Department of Justice.
Meeting Notice behalf of the Department of Defense. ACTION: 30-Day notice.
AGENCY HOLDING THE MEETING: United The publication of this notice opens
a period for public comment on the SUMMARY: The Department of Justice
States International Trade Commission. (DOJ), Federal Bureau of Investigation
proposed Consent Decree. Comments
TIME AND DATE: July 19, 2018 at 11:00 (FBI), Cyber Division (CyD) has
should be addressed to the Assistant
a.m. submitted the following Information
Attorney General, Environment and Collection Request to the Office of
PLACE: Room 101, 500 E Street SW,
Natural Resources Division, and should Management and Budget (OMB) for
Washington, DC 20436, Telephone: refer to: Emhart Industries et al. v.
(202) 205–2000. review and clearance in accordance
United States et al., Civil Action No. with the established review procedures
STATUS: Open to the public. 11–023, D.J. Ref. 90–11–3–07101/2. All of the Paperwork Reduction Act of 1995.
MATTERS TO BE CONSIDERED: comments must be submitted no later The proposed information collection is
1. Agendas for future meetings: None. than thirty (30) days after the published to obtain comments from the
2. Minutes. publication date of this notice. public and affected agencies.
3. Ratification List. Comments may be submitted either by DATES: Comments are encouraged and
4. Vote on Inv. Nos. 731–TA–1378 email or by mail:
and 1379 (Final) (Low Melt Polyester will be accepted for an additional days
Staple Fiber from Korea and Taiwan). until August 13, 2018.
To submit
The Commission is currently scheduled Send them to: FOR FURTHER INFORMATION CONTACT: If
comments:
to complete and file its determinations you have additional comments
and views of the Commission by August By email ....... pubcomment-ees.enrd@ especially on the estimated public
1, 2018. usdoj.gov. burden or associated response time,
5. Outstanding action jackets: None. By mail ......... Assistant Attorney General, suggestions, or need a copy of the
In accordance with Commission U.S. DOJ—ENRD, P.O. proposed information collection
Box 7611, Washington, DC instrument with instructions or
policy, subject matter listed above, not
20044–7611. additional information, please contact
disposed of at the scheduled meeting,
may be carried over to the agenda of the Stacy Stevens, Unit Chief, FBI, Cyber
following meeting. During the public comment period, Division, 935 Pennsylvania Ave. NW,
the proposed Consent Decree may be Washington, DC 20535 (facsimile: 703–
By order of the Commission.
examined and downloaded at this 633–5797; email: slstevens2@fbi.gov) or
Issued: July 10, 2018.
Justice Department website: https:// Stacey Rubin, Management and Program
William Bishop, Analyst, FBI, Cyber Division, 935
www.justice.gov/enrd/consent-decrees.
Supervisory Hearings and Information We will provide a paper copy of the Pennsylvania Ave. NW, Washington, DC
Officer. 20535 (facsimile: 703–633–5797; email:
proposed Consent Decree upon written
[FR Doc. 2018–15106 Filed 7–11–18; 4:15 pm] sjrubin@fbi.gov). Written comments
request and payment of reproduction
BILLING CODE 7020–02–P
costs. Please mail your request and and/or suggestions can also be directed
payment to: Consent Decree Library, to the Office of Management and
U.S. DOJ—ENRD, P.O. Box 7611, Budget, Office of Information and
DEPARTMENT OF JUSTICE Washington, DC 20044–7611. Regulatory Affairs, Attention
Department of Justice Desk Officer,
Notice of Lodging of Proposed Please enclose a check or money order Room 10235, 725 17th Street NW,
Consent Decree Under the for $183.75 (25 cents per page Washington, DC 20503 or sent to OIRA_
Compresensive Environmental reproduction cost) payable to the United submissions@omb.eop.gov.
Response, Compensation, and Liability States Treasury. For a copy of the SUPPLEMENTARY INFORMATION: Written
Act consent decree without appendices, comments and suggestions from the
send a check for $12.00. public and affected agencies concerning
On July 9, 2018, a proposed Consent
Decree in Emhart Industries, et al. v. Robert Maher, the proposed collection of information
United States et al., Civil Action No. are encouraged. Your comments should
Assistant Section Chief, Environmental
11–023, was filed with the United States address one or more of the following
sradovich on DSK3GMQ082PROD with NOTICES
Enforcement Section, Environment and
District Court for Rhode Island. Natural Resources Division. four points:
The proposed Consent Decree has [FR Doc. 2018–14973 Filed 7–12–18; 8:45 am] —Evaluate whether the proposed
been signed by the United States of BILLING CODE 4410–15–P
collection of information is necessary
America, the State of Rhode Island, for the proper performance of the
Emhart Industries, Inc., and Black & functions of the agency, including
Decker Inc. It will resolve the claims whether the information will have
between the parties relating to the practical utility;
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Document Created: 2018-07-13 01:05:04
Document Modified: 2018-07-13 01:05:04
| 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 M. Hiner, The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 83 FR 32686 |
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