83 FR 45141 - Certain Beverage Dispensing Systems and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 172 (September 5, 2018)
Federal Register Volume 83, Issue 172 (September 5, 2018)
| Page Range | 45141-45142 | |
| FR Document | 2018-19167 |
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)] [Notices] [Pages 45141-45142] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19167] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-1130] Certain Beverage Dispensing Systems and Components Thereof; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 2, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Heineken International B.V. of The Netherlands; Heineken Supply Chain B.V. of The Netherlands; and Heineken USA Inc. of White Plains, New York. The complaint was supplemented on August 28, 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 beverage dispensing systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,188,751 (``the '751 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request 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 the Secretary, 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 29, 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 1-11 of the '751 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 ``drink dispensing systems that include a dispenser, a replaceable dispensing line, and a beverage container''; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Heineken International B.V., Tweede Weteringplantsoen 21, 1017 ZD Amsterdam, The Netherlands Heineken Supply Chain B.V., Tweede Weteringplantsoen 21, 1017 ZD Amsterdam, The Netherlands Heineken USA Inc., 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601 (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: Anheuser-Busch InBev S.A., Brouwerijplein 1, 3000 Leuven, Belgium [[Page 45142]] InBev Belgium N.V., Brouwerijplein 1, 3000 Leuven, Belgium Anheuser-Busch, LLC, One Busch Place, St. Louis, MO 63118 The Office of Unfair Import Investigations will not participate as a party in this investigation. (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 29, 2018. Katherine Hiner, Supervisory Attorney. [FR Doc. 2018-19167 Filed 9-4-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45141
comment, you should be aware that Reduction Act of 1995 (44 U.S.C. 3501 et by accessing its internet server at
your entire comment—including your seq.). https://www.usitc.gov. The public
personal identifying information—may John A. Trelease, record for this investigation may be
be made publicly available at any time. Acting Chief, Division of Regulatory Support. viewed on the Commission’s electronic
While you can ask us in your comment docket (EDIS) at https://edis.usitc.gov.
[FR Doc. 2018–19220 Filed 9–4–18; 8:45 am]
to withhold your personal identifying FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4310–05–P
information from public review, we Katherine Hiner, The Office of the
cannot guarantee that we will be able to Secretary, Docket Services, U.S.
do so. International Trade Commission,
This notice provides the public with INTERNATIONAL TRADE
telephone (202) 205–1802.
60 days in which to comment on the COMMISSION
SUPPLEMENTARY INFORMATION: Authority:
following information collection [Inv. No. 337–TA–1130] The authority for institution of this
activity: investigation is contained in section 337
Title of Collection: 30 CFR part 773— Certain Beverage Dispensing Systems of the Tariff Act of 1930, as amended,
Requirements for Permits and Permit and Components Thereof; Institution 19 U.S.C. 1337, and in section 210.10 of
Processing. of Investigation the Commission’s Rules of Practice and
OMB Control Number: 1029–0115. AGENCY: U.S. International Trade Procedure, 19 CFR 210.10 (2018).
Abstract: This collection of Commission. Scope of Investigation: Having
information is authorized by part 773 ACTION: Notice. considered the complaint, the U.S.
which addresses general and specific International Trade Commission, on
requirements for applicants to provide SUMMARY: Notice is hereby given that a August 29, 2018, Ordered That—
information in the permitting process, complaint was filed with the U.S. (1) Pursuant to subsection (b) of
and for regulatory authorities to review International Trade Commission on section 337 of the Tariff Act of 1930, as
permit applications, determine permit August 2, 2018, under section 337 of the amended, an investigation be instituted
eligibility, and ascribe permit Tariff Act of 1930, as amended, on to determine whether there is a
conditions. Part 773 also contains behalf of Heineken International B.V. of violation of subsection (a)(1)(B) of
provisions governing provisionally The Netherlands; Heineken Supply section 337 in the importation into the
issued permits, improvidently issued Chain B.V. of The Netherlands; and United States, the sale for importation,
permits, and challenges of ownership or Heineken USA Inc. of White Plains, or the sale within the United States after
control listings and findings. This New York. The complaint was importation of certain products
information collection also authorizes supplemented on August 28, 2018. The identified in paragraph (2) by reason of
the collection of permit processing fees complaint alleges violations of section infringement of one or more of claims
approved under OSMRE regulations. 337 based upon the importation into the 1–11 of the ’751 patent; and whether an
Form Number: None. United States, the sale for importation, industry in the United States exists as
Type of Review: Extension of a and the sale within the United States required by subsection (a)(2) of section
currently approved collection. after importation of certain beverage 337;
Respondents/Affected Public: Coal dispensing systems and components (2) Pursuant to section 210.10(b)(1) of
mine operators and State regulatory thereof by reason of infringement of the Commission’s Rules of Practice and
authorities. certain claims of U.S. Patent No. Procedure, 19 CFR 210.10(b)(1), the
Total Estimated Number of Annual 7,188,751 (‘‘the ’751 patent’’). The plain language description of the
Respondents: 963 Coal mine operators complaint further alleges that an accused products or category of accused
and 24 State regulatory authorities. industry in the United States exists as products, which defines the scope of the
Total Estimated Number of Annual required by the applicable Federal investigation, is ‘‘drink dispensing
Responses: 963 Coal mine operator Statute. systems that include a dispenser, a
responses and 4,935 State regulatory The complainants request that the replaceable dispensing line, and a
authority responses. Commission institute an investigation beverage container’’;
Estimated Completion Time per and, after the investigation, issue a (3) For the purpose of the
Response: Varies from 1 to 6 hours per limited exclusion order and cease and investigation so instituted, the following
response from Coal mine operators, and desist orders. are hereby named as parties upon which
1 to 32 hours for State regulatory ADDRESSES: The complaint, except for this notice of investigation shall be
authorities, depending on collection any confidential information contained served:
activity. therein, is available for inspection (a) The complainants are:
Total Estimated Number of Annual during official business hours (8:45 a.m. Heineken International B.V., Tweede
Burden Hours: 39,224 hours. to 5:15 p.m.) in the Office of the Weteringplantsoen 21, 1017 ZD
Respondent’s Obligation: Required to Secretary, U.S. International Trade Amsterdam, The Netherlands
obtain or retain a benefit. Commission, 500 E Street SW, Room Heineken Supply Chain B.V., Tweede
Frequency of Collection: Once. 112, Washington, DC 20436, telephone Weteringplantsoen 21, 1017 ZD
Total Estimated Annual Nonhour (202) 205–2000. Hearing impaired Amsterdam, The Netherlands
Burden Cost: $100,500. individuals are advised that information Heineken USA Inc., 360 Hamilton
An agency may not conduct or on this matter can be obtained by Avenue, Suite 1103, White Plains, NY
sponsor and a person is not required to contacting the Commission’s TDD 10601
daltland on DSKBBV9HB2PROD with NOTICES
respond to a collection of information terminal on (202) 205–1810. Persons (b) The respondents are the following
unless it displays a currently valid OMB with mobility impairments who will entities alleged to be in violation of
control number. need special assistance in gaining access section 337, and are the parties upon
Authority: The authorities for this action to the Commission should contact the which the complaint is to be served:
are the Surface Mining Control and Office of the Secretary at (202) 205– Anheuser-Busch InBev S.A.,
Reclamation Act of 1977, as amended (30 2000. General information concerning Brouwerijplein 1, 3000 Leuven,
U.S.C. 1201 et seq.), and the Paperwork the Commission may also be obtained Belgium
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![45142 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
InBev Belgium N.V., Brouwerijplein 1, and Pension Benefit Plans (also known Signed at Washington, DC, this day of
3000 Leuven, Belgium as the ERISA Advisory Council) will be August 29, 2018.
Anheuser-Busch, LLC, One Busch Place, held as a teleconference on September Preston Rutledge,
St. Louis, MO 63118 25, 2018. Assistant Secretary, Employee Benefits
The Office of Unfair Import Security Administration.
The meeting will take place at the
Investigations will not participate as a [FR Doc. 2018–19252 Filed 9–4–18; 8:45 am]
U.S. Department of Labor, 200
party in this investigation. Constitution Avenue NW, Washington,
BILLING CODE 4510–29–P
(4) For the investigation so instituted, DC 20210 in C5515 Room 2. The
the Chief Administrative Law Judge,
meeting will run from 10:00 a.m. to DEPARTMENT OF LABOR
U.S. International Trade Commission,
approximately 4:00 p.m. The purpose of
shall designate the presiding
the open meeting is to discuss reports/ Office of Workers’ Compensation
Administrative Law Judge.
recommendations for the Secretary of Programs
Responses to the complaint and the
notice of investigation must be Labor on the issues of: (1) Evaluating the
Department’s Regulations and Guidance Division of Coal Mine Workers’
submitted by the named respondents in Compensation Proposed Extension of
accordance with section 210.13 of the on ERISA Bonding Requirements and
Existing Collection; Comment Request
Commission’s Rules of Practice and Exploring Reform Considerations; and,
Procedure, 19 CFR 210.13. Pursuant to (2) Lifetime Income Products as a ACTION: Notice.
19 CFR 201.16(e) and 210.13(a), such Qualified Default Investment
responses will be considered by the Alternative (QDIA)—Focus on SUMMARY: The Department of Labor, as
Commission if received not later than 20 Decumulation and Rollovers. part of its continuing effort to reduce
days after the date of service by the Descriptions of these topics are paperwork and respondent burden,
available on the Advisory Council page conducts a pre-clearance consultation
Commission of the complaint and the
program to provide the general public
notice of investigation. Extensions of of the Employee Benefits Security
and Federal agencies with an
time for submitting responses to the Administration (EBSA) website, at opportunity to comment on proposed
complaint and the notice of https://www.dol.gov/agencies/ebsa/ and/or continuing collections of
investigation will not be granted unless about-ebsa/about-us/erisa-advisory- information in accordance with the
good cause therefor is shown. council. Paperwork Reduction Act of 1995. This
Failure of a respondent to file a timely
Organizations or members of the program helps to ensure that requested
response to each allegation in the
public wishing to submit a written data can be provided in the desired
complaint and in this notice may be
statement may do so by submitting 20 format, reporting burden (time and
deemed to constitute a waiver of the
copies on or before September 18, 2018, financial resources) is minimized,
right to appear and contest the collection instruments are clearly
allegations of the complaint and this to Larry Good, Executive Secretary,
ERISA Advisory Council, U.S. understood, and the impact of collection
notice, and to authorize the requirements on respondents can be
administrative law judge and the Department of Labor, Suite N–5623, 200
Constitution Avenue NW, Washington, properly assessed. Currently, the Office
Commission, without further notice to of Workers’ Compensation Programs is
the respondent, to find the facts to be as DC 20210. Statements also may be
soliciting comments concerning the
alleged in the complaint and this notice submitted as email attachments in word
proposed collection: Authorization for
and to enter an initial determination processing or pdf format transmitted to
Release of Medical Information (CM–
and a final determination containing good.larry@dol.gov. It is requested that 936). A copy of the proposed
such findings, and may result in the statements not be included in the body information collection request can be
issuance of an exclusion order or a cease of the email. Statements deemed obtained by contacting the office listed
and desist order or both directed against relevant by the Advisory Council and below in the addresses section of this
the respondent. received on or before September 18 will Notice.
By order of the Commission. be included in the record of the meeting
DATES: Written comments must be
Issued: August 29, 2018. and made available through the EBSA
submitted to the office listed in the
Katherine Hiner, Public Disclosure Room. Do not include
addresses section below on or before
Supervisory Attorney. any personally identifiable information November 5, 2018.
(such as name, address, or other contact
[FR Doc. 2018–19167 Filed 9–4–18; 8:45 am] ADDRESSES: You may submit comments
information) or confidential business
BILLING CODE 7020–02–P by mail, delivery service, or by hand to
information that you do not want Ms. Yoon Ferguson, U.S. Department of
publicly disclosed. Labor, 200 Constitution Ave. NW, Room
DEPARTMENT OF LABOR Individuals or representatives of S–3323, Washington, DC 20210; by fax
organizations wishing to address the (202) 354–9647; or by email to
Employee Benefits Security Advisory Council should forward their ferguson.yoon@dol.gov. Please use only
Administration requests to the Executive Secretary or one method of transmission for
telephone (202) 693–8668. Oral comments (mail/delivery, fax, or Email).
193rd Meeting of the Advisory Council Please note that comments submitted
presentations will be limited to 10
on Employee Welfare and Pension after the comment period will not be
minutes, time permitting, but an
Benefit Plans: Notice of
daltland on DSKBBV9HB2PROD with NOTICES
extended statement may be submitted considered.
Teleconference Meeting
for the record. Individuals with SUPPLEMENTARY INFORMATION
Pursuant to the authority contained in disabilities who need special I. Background: The Black Lung
Section 512 of the Employee Retirement accommodations should contact the Benefits Act, as amended, 30 U.S.C. 901
Income Security Act of 1974 (ERISA), 29 Executive Secretary by September 18, et seq., and 20 CFR 725.405 require that
U.S.C. 1142, the 193rd meeting of the 2018, at the address indicated. all relevant medical evidence be
Advisory Council on Employee Welfare considered before a decision can be
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Document Created: 2018-09-05 01:58:50
Document Modified: 2018-09-05 01:58:50
| 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 the Secretary, Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 83 FR 45141 |
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