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)

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, 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