83 FR 40787 - Certain Microperforated Packaging Containing Fresh Produce (II); Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range		40787-40788
FR Document		2018-17686

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 12, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Windham Packaging, LLC of Windham, New Hampshire. A letter supplementing the complaint was filed on August 2, 2018. The complaint 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 (II) 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 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 Issue 159 (Thursday, August 16, 2018)

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40787-40788]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17686]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1127]


Certain Microperforated Packaging Containing Fresh Produce (II); 
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 July 12, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Windham Packaging, 
LLC of Windham, New Hampshire. A letter supplementing the complaint was 
filed on August 2, 2018. The complaint 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 (II) 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 complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

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 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 August 9, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-6, 11, and 13 of the '837 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 ``bags for fresh 
produce and bags containing fresh produce. The bags contain 
microperforations that are specifically designed and arranged to 
increase the shelf-life of fresh produce by affecting the mixture of 
gases within the bag'';
    (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:

[[Page 40788]]

    (a) The complainant is: Windham Packaging, LLC, 18 Wilson Rd, 
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:

Growers Express, LLC, 150 Main St., Suite 210, Salinas, CA 93901.
C.H. Robinson Worldwide, Inc., 14701 Charlson Road, Eden Prairie, MN 
55347.

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: August 13, 2018.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2018-17686 Filed 8-15-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40787

Wayne County OKLAHOMA Commission, 500 E Street SW, Room
Dublin Friends Meeting House, 2352 W Cleveland County 112, Washington, DC 20436, telephone
Maple St., Dublin, SG100002868
DeBarr Historic District,
(202) 205–2000. Hearing impaired
Fountain City Historic District, Roughly Roughly bounded by Boyd St., DeBarr Ave., individuals are advised that information
bounded by Noland’s Fork, North, Hartley Duffy St. and the A T & S F RR tracks on this matter can be obtained by
& Vine Sts., Fountain City, SG100002869 Norman, OT91001904 contacting the Commission’s TDD
MICHIGAN A request to move has been received for terminal on (202) 205–1810. Persons
the following resource: with mobility impairments who will
Calhoun County need special assistance in gaining access
Old-Merchants National Bank and Trust Co. VIRGINIA
to the Commission should contact the
Building, 25 W Michigan Ave., Battle Charlottesville Independent City Office of the Secretary at (202) 205–
Creek, SG100002887
Wyndhurst (Charlottesville MRA), 605 2000. General information concerning
OHIO Preston Pl., Charlottesville, MV82001816 the Commission may also be obtained
Cuyahoga County Authority: Section 60.13 of 36 CFR part 60. by accessing its internet server at
https://www.usitc.gov. The public
Astrup Company Building, The, 2397 W 25th Dated: July 27, 2018.
record for this investigation may be
St., Cleveland, SG100002875 Julie H. Ernstein,
viewed on the Commission’s electronic
Darke County Acting Chief, National Register of Historic docket (EDIS) at https://edis.usitc.gov.
Places/National Historic Landmarks Program
Knights of Pythias Hall, 118 E Washington FOR FURTHER INFORMATION CONTACT:
and Deputy Keeper of the National Register
St., New Madison, SG100002876 Katherine Hiner. The Office of Docket
of Historic Places.
Franklin County [FR Doc. 2018–17665 Filed 8–15–18; 8:45 am] Services, U.S. International Trade
Hartman Hotel, 275 S 4th & 150 E Main Sts., BILLING CODE 4312–52–P Commission, telephone (202) 205–1802.
Columbus, SG100002877 SUPPLEMENTARY INFORMATION:
Hamilton County Authority: The authority for
Provident Savings Bank and Trust Co., 630– INTERNATIONAL TRADE institution of this investigation is
632 Vine St., Cincinnati, SG100002878 COMMISSION contained in section 337 of the Tariff
[Inv. No. 337–TA–1127] Act of 1930, as amended, 19 U.S.C.
Hancock County
1337, and in section 210.10 of the
Boss Manufacturing Company, The, 317 W Commission’s Rules of Practice and
Main Cross St., Findlay, SG100002879
Certain Microperforated Packaging
Containing Fresh Produce (II); Procedure, 19 CFR 210.10 (2018).
Stark County Institution of Investigation Scope of Investigation: Having
Lavin, Carl and Audrey, House, 5240 Plain considered the complaint, the U.S.
AGENCY: U.S. International Trade
Center Ave. NE, Canton, SG100002880 International Trade Commission, on
Commission.
Summit County August 9, 2018, ORDERED THAT—
ACTION: Notice.
Cuyahoga Falls Downtown Historic District,
(1) Pursuant to subsection (b) of
111–245 Portage Trail, 138 Stowe Ave., SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as
2035 Oldetown Loop, 2091–2250 Front, complaint was filed with the U.S. amended, an investigation be instituted
2044–2220 2nd & 2055–2253 3rd Sts., International Trade Commission on July to determine whether there is a
Cuyahoga Falls, SG100002881 12, 2018, under section 337 of the Tariff violation of subsection (a)(1)(B) of
OKLAHOMA Act of 1930, as amended, on behalf of section 337 in the importation into the
Windham Packaging, LLC of Windham, United States, the sale for importation,
Caddo County New Hampshire. A letter supplementing or the sale within the United States after
Rock Island Passenger Station, 301 E Main the complaint was filed on August 2, importation of certain products
St., Anadarko, SG100002874 2018. The complaint alleges violations identified in paragraph (2) by reason of
Cleveland County of section 337 based upon the infringement of one or more of claims
importation into the United States, the 1–6, 11, and 13 of the ’837 patent; and
Southridge Addition Historic District,
Roughly bounded by Classen Blvd., sale for importation, and the sale within whether an industry in the United
Oklahoma & S Ponca Aves., E Boyd, Macy the United States after importation of States exists as required by subsection
& Okmulgee Sts., Norman, SG100002882 certain microperforated packaging (a)(2) of section 337;
containing fresh produce (II) by reason (2) Pursuant to section 210.10(b)(1) of
VIRGINIA
of infringement of certain claims of U.S. the Commission’s Rules of Practice and
Alexandria Independent City Patent No. 7,083,837 (‘‘the ’837 patent’’). Procedure, 19 CFR 210.10(b)(1), the
Oakland Baptist Cemetery, 4195 W Braddock The complaint further alleges that an plain language description of the
Rd., Alexandria, SG100002883 industry in the United States exists as accused products or category of accused
Petersburg Independent City required by the applicable Federal products, which defines the scope of the
Statute. investigation, is ‘‘bags for fresh produce
Halifax Triangle and Downtown Commercial The complainant requests that the and bags containing fresh produce. The
Historic District, Generally bounded by
Washington, Adams, Sycamore, Halifax,
Commission institute an investigation bags contain microperforations that are
Byrne & Harrison Sts., Petersburg, and, after the investigation, issue a specifically designed and arranged to
limited exclusion order and cease and increase the shelf-life of fresh produce
sradovich on DSK3GMQ082PROD with NOTICES

SG100002886
desist orders. by affecting the mixture of gases within
WISCONSIN the bag’’;
ADDRESSES: The complaint, except for
Sheboygan County any confidential information contained (3) For the purpose of the
Badger State Tanning Company, 1031 therein, is available for inspection investigation so instituted, the following
Maryland Ave., Sheboygan, SG100002888 during official business hours (8:45 a.m. are hereby named as parties upon which
A request for removal has been made for to 5:15 p.m.) in the Office of the this notice of investigation shall be
the following resource: Secretary, U.S. International Trade served:

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40788 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

(a) The complainant is: Windham DEPARTMENT OF JUSTICE and downloaded at this Justice
Packaging, LLC, 18 Wilson Rd, Department website: https://
Windham, NH 03087. Notice of Extension of Public www.justice.gov/enrd/consent-decrees.
Comment Period for Consent Decree We will provide a paper copy of the
(b) The respondents are the following
Under the Comprehensive consent decree upon written request
entities alleged to be in violation of
Environmental Response, and payment of reproduction costs.
section 337, and are the parties upon Compensation, and Liability Act Please mail your request and payment
which the complaint is to be served: to: Consent Decree Library, U.S. DOJ—
On May 16, 2018, the Department of
Growers Express, LLC, 150 Main St., ENRD, P.O. Box 7611, Washington, DC
Justice (DOJ) lodged a proposed consent
Suite 210, Salinas, CA 93901. 20044–7611.
decree with the United States District Please enclose a check or money order
C.H. Robinson Worldwide, Inc., 14701 Court for the Southern District of for $146.25 (25 cents per page
Charlson Road, Eden Prairie, MN Georgia in the lawsuit entitled United reproduction cost) payable to the United
55347. States v. Hercules LLC, Civil Action No. States Treasury. For a paper copy
2:18–cv–00062–LGW–RSB. To allow for without the exhibits and signature
(4) For the investigation so instituted, additional community input and pages, the cost is $17.25.
the Chief Administrative Law Judge, feedback, DOJ is extending the public
U.S. International Trade Commission, comment period for an additional thirty Henry S. Friedman,
shall designate the presiding (30) days. Assistant Section Chief, Environmental
Administrative Law Judge. The proposed consent decree would Enforcement Section, Environment and
require defendant Hercules LLC to Natural Resources Division.
Responses to the complaint and the
implement the interim remedy selected [FR Doc. 2018–17680 Filed 8–15–18; 8:45 am]
notice of investigation must be
submitted by the named respondents in by the U.S. Environmental Protection BILLING CODE 4410–15–P

accordance with section 210.13 of the Agency (EPA) for the outfall, known as
Operable Unit 1, of the Terry Creek
Commission’s Rules of Practice and DEPARTMENT OF JUSTICE
Dredge Spoil Areas/Hercules Outfall
Procedure, 19 CFR 210.13. Pursuant to
Site (‘‘Site’’) in Brunswick, in Glynn
19 CFR 201.16(e) and 210.13(a), such Notice of Lodging of Proposed
County, Georgia. The consent decree
responses will be considered by the Consent Decree Under the Clean Air
would also require the defendant to
Commission if received not later than 20 Act
reimburse EPA $153,009.48 in past
days after the date of service by the response costs at the Site, and to pay On August 10, 2018, the Department
Commission of the complaint and the future response costs incurred by the of Justice lodged a proposed consent
notice of investigation. Extensions of United States in connection with this decree with the United States District
time for submitting responses to the consent decree. Notice of the lodging of Court for the Southern District of
complaint and the notice of the decree was originally published in Illinois in the lawsuit entitled United
investigation will not be granted unless the Federal Register on May 23, 2018. States and Illinois v. WRB Refining LP,
good cause therefor is shown. See 83 FR 23937 (May 23, 2018). The et al., Civil Action No. 3:18–cv–01484.
Failure of a respondent to file a timely publication of the original notice In the complaint filed
response to each allegation in the opened a thirty (30) day period for contemporaneously with the proposed
public comment on the Decree. At the consent decree, the United States and
complaint and in this notice may be
request of some members of the public, Illinois alleged that defendants WRB
deemed to constitute a waiver of the
the comment period was then extended Refining LP and Phillips 66 Company
right to appear and contest the (‘‘WRB/P66’’) violated various
allegations of the complaint and this by 60 days, to August 21, 2018. See 83
FR 27799 (June 14, 2018). The provisions of the Clean Air Act and the
notice, and to authorize the Illinois Environmental Protection Act at
publication of the present notice
administrative law judge and the a refinery owned and operated by
extends the period for public comment
Commission, without further notice to on the Decree to September 20, 2018. defendants in Roxana and Hartford,
the respondent, to find the facts to be as Comments concerning the consent Illinois (‘‘Wood River Refinery’’). The
alleged in the complaint and this notice decree should be addressed to the complaint sought injunctive relief and
and to enter an initial determination Assistant Attorney General, civil penalties. Under the proposed
and a final determination containing Environment and Natural Resources consent decree, WRB/P66 will
such findings, and may result in the Division, and should refer to United implement a flare minimization and
issuance of an exclusion order or a cease States v. Hercules, LLC, D.J. Ref. No. 90– flare efficiency program to reduce
and desist order or both directed against 11–3–11685. All comments must be emissions of volatile organic
the respondent. submitted no later than September 20, compounds; undertake a variety to
By order of the Commission. 2018. Comments may be submitted practices to reduce pollution from
either by email or by mail: valves and pumps; limit benzene
Issued: August 13, 2018. emissions from wastewater management
William R. Bishop, To submit units; and develop and implement an
Send them to:
Supervisory Hearings and Information comments: operation and maintenance plan to
Officer. improve the operation of the continuous
By email ....... pubcomment-ees.enrd@
emissions monitoring systems at the
sradovich on DSK3GMQ082PROD with NOTICES

[FR Doc. 2018–17686 Filed 8–15–18; 8:45 am]
usdoj.gov.
BILLING CODE 7020–02–P By mail ......... Assistant Attorney General, Wood River Refinery. As mitigation for
U.S. DOJ—ENRD, P.O. past excess emissions, WRB/P66, among
Box 7611, Washington, DC other things, will install a new vacuum
20044–7611. truck unloading facility; set up
monitoring devices around its
During the public comment period, wastewater treatment plant; and use low
the consent decree may be examined emissions valves when it has to replace

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Document Created: 2018-08-16 01:03:15
Document Modified: 2018-08-16 01:03:15

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. The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205- 1802.
FR Citation		83 FR 40787