83_FR_40946 83 FR 40787 - Certain Microperforated Packaging Containing Fresh Produce (II); Institution of Investigation

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 Range40787-40788
FR Document2018-17686

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
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.
ContactKatherine Hiner. The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205- 1802.
FR Citation83 FR 40787 

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