83_FR_38328 83 FR 38178 - Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding; Temporary Rescission of the Remedial Orders; Termination of the Proceeding

83 FR 38178 - Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding; Temporary Rescission of the Remedial Orders; Termination of the Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38178-38179
FR Document2018-16611

Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding, to temporarily rescind a March 17, 2016 limited exclusion order and three cease-and-desist orders (``the remedial orders''), and to terminate the rescission proceeding.

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38178-38179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16611]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929 (Rescission Proceeding)]


Certain Beverage Brewing Capsules, Components Thereof, and 
Products Containing the Same; Commission Determination To Institute a 
Rescission Proceeding; Temporary Rescission of the Remedial Orders; 
Termination of the Proceeding

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 to institute a rescission proceeding, to 
temporarily rescind a March 17, 2016 limited exclusion order and three 
cease-and-desist orders (``the remedial orders''), and to terminate the 
rescission proceeding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 the original 
investigation on September 9, 2014, based on a complaint filed by 
Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, 
``ARM''). 79 FR 53445-46. The complaint alleged that several 
respondents, including Eko Brands, LLC (``Eko'') Evermuch Technology 
Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''), violated 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
infringing certain claims of U.S. Patent No. 8,720,320 (``the '320 
patent''). Id. Eko Brands and Evermuch did not respond to the complaint 
and notice of investigation, and were found in default. Notice (May 18, 
2015). On March 17, 2016, the Commission issued a limited exclusion 
order prohibiting Eko and Evermuch from importing certain beverage 
brewing capsules, components thereof, and products containing same that 
infringed claims 8 or 19 of the '320 patent, and also issued three 
cease-and-desist orders against Eko and the two Evermuch entities 
prohibiting the sale and distribution within the United States of 
articles that infringe claims 8 or 19. 81 FR 15742-43.
    On April 2, 2015, Eko filed in district court for declaratory 
relief stating, inter alia, that Eko does not infringe certain claims 
of the '320 patent and that certain claims of the '320 patent are 
invalid. Eko Brands v. Adrian Rivera Maynez Enterprises Inc. et al., 
Case No. 2:15-cv-00522, Dkt. #1 (W.D. Wash.). On June 14, 2018, the 
district court issued an order finding that claims 5, 8, 18, and 19 of 
the '320 patent are invalid as obvious. Id. at Dkt. #251.
    On June 28, 2018, Eko petitioned the Commission to rescind the 
March 17, 2016 remedial orders based on the district court's invalidity 
judgment. On July 9, 2018, ARM filed a response that did not dispute 
Eko's petition, but argued that any rescission be temporary pending the 
resolution of ARM's appeal of the district court invalidity judgment.
    Having considered the petition and response, the Commission has 
determined to institute a rescission proceeding, and has determined 
that the circumstances warrant temporarily rescinding the remedial 
orders pending the appeal of the district court invalidity judgment. 
The rescission proceeding is hereby terminated.
    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

[[Page 38179]]

210 of the Commission's Rules of Practice and Procedure (19 CFR part 
210).

    By order of the Commission.

    Issued: July 30, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16611 Filed 8-2-18; 8:45 am]
 BILLING CODE 7020-02-P



                                              38178                          Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices

                                                 (iii) identify like or directly                      sign appropriate nondisclosure                        contacting the Commission’s TDD
                                              competitive articles that complainant,                  agreements). All nonconfidential                      terminal on (202) 205–1810.
                                              its licensees, or third parties make in the             written submissions will be available for             SUPPLEMENTARY INFORMATION: The
                                              United States which could replace the                   public inspection at the Office of the                Commission instituted the original
                                              subject articles if they were to be                     Secretary and on EDIS.                                investigation on September 9, 2014,
                                              excluded;                                                 This action is taken under the                      based on a complaint filed by Adrian
                                                 (iv) indicate whether complainant,                   authority of section 337 of the Tariff Act            Rivera and Adrian Rivera Maynez
                                              complainant’s licensees, and/or third                   of 1930, as amended (19 U.S.C. 1337),                 Enterprises, Inc. (collectively, ‘‘ARM’’).
                                              party suppliers have the capacity to                    and in part 210 of the Commission’s                   79 FR 53445–46. The complaint alleged
                                              replace the volume of articles                          Rules of Practice and Procedure (19 CFR               that several respondents, including Eko
                                              potentially subject to the recommended                  part 210).                                            Brands, LLC (‘‘Eko’’) Evermuch
                                              exclusion order and/or cease and desist                   By order of the Commission.                         Technology Co., Ltd. and Ever Much
                                              orders within a commercially                                                                                  Company Ltd. (together, ‘‘Evermuch’’),
                                                                                                        Issued: July 31, 2018.
                                              reasonable time; and                                                                                          violated section 337 of the Tariff Act of
                                                 (v) explain how the recommended                      Lisa Barton,
                                                                                                      Secretary to the Commission.                          1930, as amended, 19 U.S.C. 1337, by
                                              exclusion order and/or cease and desist
                                                                                                                                                            infringing certain claims of U.S. Patent
                                              orders would impact consumers in the                    [FR Doc. 2018–16651 Filed 8–2–18; 8:45 am]
                                                                                                                                                            No. 8,720,320 (‘‘the ’320 patent’’). Id.
                                              United States.                                          BILLING CODE 7020–02–P
                                                 Written submissions must be filed no                                                                       Eko Brands and Evermuch did not
                                              later than by close of business on                                                                            respond to the complaint and notice of
                                              September 6, 2018.                                      INTERNATIONAL TRADE                                   investigation, and were found in
                                                 Persons filing written submissions                   COMMISSION                                            default. Notice (May 18, 2015). On
                                              must file the original document                                                                               March 17, 2016, the Commission issued
                                                                                                      [Investigation No. 337–TA–929 (Rescission             a limited exclusion order prohibiting
                                              electronically on or before the deadlines               Proceeding)]
                                              stated above and submit 8 true paper                                                                          Eko and Evermuch from importing
                                              copies to the Office of the Secretary by                Certain Beverage Brewing Capsules,                    certain beverage brewing capsules,
                                              noon the next day pursuant to section                   Components Thereof, and Products                      components thereof, and products
                                              210.4(f) of the Commission’s Rules of                   Containing the Same; Commission                       containing same that infringed claims 8
                                              Practice and Procedure (19 CFR                          Determination To Institute a                          or 19 of the ’320 patent, and also issued
                                              210.4(f)). Submissions should refer to                  Rescission Proceeding; Temporary                      three cease-and-desist orders against
                                              the investigation number (‘‘Inv. No.                    Rescission of the Remedial Orders;                    Eko and the two Evermuch entities
                                              1063’’) in a prominent place on the                     Termination of the Proceeding                         prohibiting the sale and distribution
                                              cover page and/or the first page. (See                                                                        within the United States of articles that
                                              Handbook for Electronic Filing                          AGENCY: U.S. International Trade                      infringe claims 8 or 19. 81 FR 15742–
                                              Procedures, https://www.usitc.gov/                      Commission.                                           43.
                                              secretary/documents/handbook_on_                        ACTION: Notice.                                          On April 2, 2015, Eko filed in district
                                              filing_procedures.pdf). Persons with                                                                          court for declaratory relief stating, inter
                                                                                                      SUMMARY:   Notice is hereby given that                alia, that Eko does not infringe certain
                                              questions regarding filing should
                                                                                                      the U.S. International Trade                          claims of the ’320 patent and that
                                              contact the Secretary ((202) 205–2000).
                                                 Any person desiring to submit a                      Commission has determined to institute                certain claims of the ’320 patent are
                                              document to the Commission in                           a rescission proceeding, to temporarily               invalid. Eko Brands v. Adrian Rivera
                                              confidence must request confidential                    rescind a March 17, 2016 limited                      Maynez Enterprises Inc. et al., Case No.
                                              treatment. All such requests should be                  exclusion order and three cease-and-                  2:15-cv-00522, Dkt. #1 (W.D. Wash.). On
                                              directed to the Secretary to the                        desist orders (‘‘the remedial orders’’),              June 14, 2018, the district court issued
                                              Commission and must include a full                      and to terminate the rescission                       an order finding that claims 5, 8, 18, and
                                              statement of the reasons why the                        proceeding.                                           19 of the ’320 patent are invalid as
                                              Commission should grant such                            FOR FURTHER INFORMATION CONTACT:                      obvious. Id. at Dkt. #251.
                                              treatment. See 19 CFR 201.6. Documents                  Robert Needham, Office of the General                    On June 28, 2018, Eko petitioned the
                                              for which confidential treatment by the                 Counsel, U.S. International Trade                     Commission to rescind the March 17,
                                              Commission is properly sought will be                   Commission, 500 E Street SW,                          2016 remedial orders based on the
                                              treated accordingly. All information,                   Washington, DC 20436, telephone (202)                 district court’s invalidity judgment. On
                                              including confidential business                         708–5468. Copies of non-confidential                  July 9, 2018, ARM filed a response that
                                              information and documents for which                     documents filed in connection with this               did not dispute Eko’s petition, but
                                              confidential treatment is properly                      investigation are or will be available for            argued that any rescission be temporary
                                              sought, submitted to the Commission for                 inspection during official business                   pending the resolution of ARM’s appeal
                                              purposes of this Investigation may be                   hours (8:45 a.m. to 5:15 p.m.) in the                 of the district court invalidity judgment.
                                              disclosed to and used: (i) By the                       Office of the Secretary, U.S.                            Having considered the petition and
                                              Commission, its employees and Offices,                  International Trade Commission, 500 E                 response, the Commission has
                                              and contract personnel (a) for                          Street SW, Washington, DC 20436,                      determined to institute a rescission
                                              developing or maintaining the records                   telephone (202) 205–2000. General                     proceeding, and has determined that the
                                              of this or a related proceeding, or (b) in              information concerning the Commission                 circumstances warrant temporarily
                                              internal investigations, audits, reviews,               may also be obtained by accessing its                 rescinding the remedial orders pending
amozie on DSK3GDR082PROD with NOTICES1




                                              and evaluations relating to the                         internet server (https://www.usitc.gov).              the appeal of the district court invalidity
                                              programs, personnel, and operations of                  The public record for this investigation              judgment. The rescission proceeding is
                                              the Commission including under 5                        may be viewed on the Commission’s                     hereby terminated.
                                              U.S.C. appendix 3; or (ii) by U.S.                      electronic docket (EDIS) at https://                     The authority for the Commission’s
                                              government employees and contract                       edis.usitc.gov. Hearing-impaired                      determination is contained in section
                                              personnel, solely for cybersecurity                     persons are advised that information on               337 of the Tariff Act of 1930, as
                                              purposes (all contract personnel will                   this matter can be obtained by                        amended (19 U.S.C. 1337), and in part


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                                                                                         Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices                                                                                        38179

                                              210 of the Commission’s Rules of                                            DATES:  Registered bulk manufacturers of                                    implementation of 21 CFR part 1301,
                                              Practice and Procedure (19 CFR part                                         the affected basic classes, and                                             incident to the registration of
                                              210).                                                                       applicants therefore, may file written                                      manufacturers, distributors, dispensers,
                                                By order of the Commission.                                               comments on or objections to the                                            importers, and exporters of controlled
                                                Issued: July 30, 2018.                                                    issuance of the proposed registration in                                    substances (other than final orders in
                                              Lisa Barton,
                                                                                                                          accordance with 21 CFR 1301.33(a) on                                        connection with suspension, denial, or
                                                                                                                          or before October 2, 2018.                                                  revocation of registration) has been
                                              Secretary to the Commission.
                                              [FR Doc. 2018–16611 Filed 8–2–18; 8:45 am]                                  ADDRESSES: Written comments should                                          redelegated to the Assistant
                                              BILLING CODE 7020–02–P
                                                                                                                          be sent to: Drug Enforcement                                                Administrator of the DEA Diversion
                                                                                                                          Administration, Attention: DEA Federal                                      Control Division (‘‘Assistant
                                                                                                                          Register Representative/DRW, 8701                                           Administrator’’) pursuant to section 7 of
                                              DEPARTMENT OF JUSTICE                                                       Morrissette Drive, Springfield, Virginia                                    28 CFR part 0, appendix to subpart R.
                                                                                                                          22152.                                                                        In accordance with 21 CFR
                                              Drug Enforcement Administration                                             SUPPLEMENTARY INFORMATION:                                                  1301.33(a), this is notice that on June
                                              [Docket No. DEA–392]                                                          The Attorney General has delegated                                        25, 2018, AMRI Rensselaer, Inc., 33
                                                                                                                          his authority under the Controlled                                          Riverside Avenue, Rensselaer, New
                                              Bulk Manufacturer of Controlled                                             Substances Act to the Administrator of                                      York 12144 applied to be registered as
                                              Substances Application: AMRI                                                the Drug Enforcement Administration                                         a bulk manufacturer of the following
                                              Rensselaer, Inc.                                                            (DEA), 28 CFR 0.100(b). Authority to                                        basic classes of controlled substances:
                                                                                                                          exercise all necessary functions with
                                              ACTION:       Notice of application.
                                                                                                                          respect to the promulgation and

                                                                                                                       Controlled substance                                                                                         Drug code     Schedule

                                              Marihuana ........................................................................................................................................................................           7360   I
                                              Tetrahydrocannabinols ....................................................................................................................................................                   7370   I
                                              Amphetamine ...................................................................................................................................................................              1100   II
                                              Lisdexamfetamine ............................................................................................................................................................                1205   II
                                              Pentobarbital ....................................................................................................................................................................           2270   II
                                              4-Anilino-N-phenethyl-4-piperidine (ANPP) .....................................................................................................................                              8333   II
                                              Codeine ...........................................................................................................................................................................          9050   II
                                              Oxycodone .......................................................................................................................................................................            9143   II
                                              Hydromorphone ...............................................................................................................................................................                9150   II
                                              Hydrocodone ...................................................................................................................................................................              9193   II
                                              Meperidine .......................................................................................................................................................................           9230   II
                                              Morphine ..........................................................................................................................................................................          9300   II



                                                The company plans to manufacture                                          States v. Honeywell International, Inc.,                                    Comments may be submitted either by
                                              bulk controlled substances for use in                                       Civil Action No. 2:18-cv-06556.                                             email or by mail:
                                              product development and for                                                    The United States filed this lawsuit
                                              distribution to its customers.                                              under the Comprehensive                                                     To submit                 Send them to:
                                                                                                                                                                                                      comments:
                                                In reference to drug codes 7360                                           Environmental Response,
                                              (marihuana) and 7370 (THC), the                                             Compensation, and Liability Act                                             By email .......          pubcomment-ees.enrd@
                                              company plans to bulk manufacture                                           (CERCLA) for the recovery of costs that                                                                 usdoj.gov.
                                              these drugs as synthetics. No other                                         the United States incurred responding                                       By mail .........         Assistant Attorney General,
                                              activities for these drug codes are                                         to releases of hazardous substances at                                                                  U.S. DOJ—ENRD, P.O.
                                              authorized for this registration.                                           Installation Restoration Program (IRP)                                                                  Box 7611, Washington, DC
                                                Dated: July 23, 2018.                                                     Site 50 at Vandenberg Air Force Base in                                                                 20044–7611.
                                              John J. Martin,
                                                                                                                          Santa Barbara County, California. The
                                                                                                                          consent decree requires the defendant                                         During the public comment period,
                                              Assistant Administrator.
                                                                                                                          Honeywell International, Inc. to pay                                        the proposed consent decree may be
                                              [FR Doc. 2018–16635 Filed 8–2–18; 8:45 am]
                                                                                                                          $250,000 to the United States. In return,                                   examined and downloaded at this
                                              BILLING CODE 4410–09–P                                                      the United States agrees not to sue the                                     Justice Department website: https://
                                                                                                                          defendant under sections 106 and 107 of                                     www.justice.gov/enrd/consent-decrees.
                                                                                                                          CERCLA at IRP Site 50 at Vandenberg
                                              DEPARTMENT OF JUSTICE                                                                                                                                   We will provide a paper copy of the
                                                                                                                          Air Force Base.
                                                                                                                                                                                                      proposed consent decree upon written
                                              Notice of Lodging of Proposed                                                  The publication of this notice opens                                     request and payment of reproduction
                                              Consent Decree Under the                                                    a period for public comment on the                                          costs. Please mail your request and
                                              Comprehensive Environmental                                                 proposed consent decree. Comments                                           payment to: Consent Decree Library,
                                              Response, Compensation and Liability                                        should be addressed to the Assistant
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                                                      U.S. DOJ—ENRD, P.O. Box 7611,
                                              Act                                                                         Attorney General, Environment and
                                                                                                                                                                                                      Washington, DC 20044–7611.
                                                                                                                          Natural Resources Division, and should
                                                On July 30, 2018, the Department of                                       refer to United States v. Honeywell                                           Please enclose a check or money order
                                              Justice lodged a proposed consent                                           International, Inc., D.J. Ref. No. 90–11–                                   for $5.25 (25 cents per page
                                              decree with the United States District                                      3–10477/5. All comments must be
                                              Court for the Central District of                                           submitted no later than thirty (30) days
                                              California in the lawsuit entitled United                                   after the publication date of this notice.


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Document Created: 2018-11-06 10:35:29
Document Modified: 2018-11-06 10:35:29
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.
ContactRobert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-5468. 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 Citation83 FR 38178 

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