83 FR 54140 - Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof; Commission's Determination Not To Review an Initial Determination Finding Two Respondents in Default and Terminating the Investigation With Respect to Three Respondents; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 208 (October 26, 2018)

Page Range		54140-54141
FR Document		2018-23408

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 29) finding two respondents in default and terminating the investigation with respect to the three remaining respondents. The Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding.

Federal Register, Volume 83 Issue 208 (Friday, October 26, 2018)

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54140-54141]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-23408]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1084]

Certain Insulated Beverage Containers, Components, Labels, and
Packaging Materials Thereof; Commission's Determination Not To Review
an Initial Determination Finding Two Respondents in Default and
Terminating the Investigation With Respect to Three Respondents;
Request for Written Submissions on Remedy, the Public Interest, and
Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 29)
finding two respondents in default and terminating the investigation
with respect to the three remaining respondents. The Commission
requests written submissions, under the schedule set forth below, on
remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., 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 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.
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 this investigation
on November 24, 2017, based on a complaint and supplement, filed on
behalf of YETI Coolers, LLC of Austin, Texas (``Yeti''). 82 FR 55860-61
(Nov. 24, 2017). The amended complaint, as supplemented, 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 insulated beverage containers, components,
labels, and packaging materials thereof by reason of infringement of
U.S. Trademark Registration Nos. 5,233,441 and 4,883,074; U.S.
Copyright Registration Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735;
and U.S. Design Patent Nos. D752,397, D780,533, D781,146, and D784,775.
The complaint further alleges that an industry in the United States
exists as required by section 337. The Notice of Investigation named as
respondents, inter alia, Huizhou Dashu Trading Co., Ltd. of Huizou
City, China (``Huizhou Dashu Trading''); Huagong Trading Co., Ltd. of
Wangshizhuang, China (``Huagong Trading''); Tan Er Pa Technology Co.,
Ltd. of Hong Kong, China (``Tan Er Pa''); Shenzhen Great Electronic
Technology Co., Ltd. of Shenzhen, China (``Great Electronic''); and SZ
Flowerfairy Ltd. of Shenzhen, China (``Flowerfairy''), which are the
only five respondents remaining in this investigation. The Office of
Unfair Import Investigations (``OUII'') was also named as a party.
The Commission served the complaint and notice of investigation on
Huizhou Dashu Trading and Huagong Trading. Neither party responded to
the complaint, the notice of investigation, or discovery requests. On
July 20, 2018, Yeti moved for an order for Huizhou Dashu Trading and
Huagong Trading to show cause why they should not be found in default.
On August 1, 2018, the ALJ ordered Huizhou Dashu Trading and Huagong
Trading to show cause why they should not be held in default within 14
days. Order No. 28.
Neither Huizhou Dashu Trading nor Huagong Trading responded to the
ALJ's order. On September 14, 2018, Yeti moved for an order finding
Huizhou Dashu Trading and Huagong Trading in default for their failure
to respond. Yeti also moved to terminate the investigation with respect
to Tan Er Pa, Great Electronic, and Flowerfairy based on a withdrawal
of the complaint because those respondents were not served with the
complaint and notice of investigation. Yeti stated in its motion that
it is not seeking a general exclusion order. On September 26, 2018,
OUII supported the motion.
On September 27, 2018, the ALJ issued the subject ID, finding
Huizhou Dashu Trading and Huagong Trading in default, and terminating
Tan Er Pa, Great Electronic, and Flowerfairy from the investigation
based on a voluntary withdrawal of the complaint. No petitions for
review were filed.
The Commission has determined not to review the subject ID.
Section 337(g)(1) and Commission Rule 210.16(c) authorize the
Commission to order relief against a respondent found in default,
unless, after considering the public interest, it finds that such
relief should not issue.
In connection with the final disposition of this investigation, the
Commission may: (1) Issue an order that could result in the exclusion
of articles manufactured or imported by the defaulting respondents;
and/or (2) issue cease and desist orders that could result in the
defaulting respondents being required to cease and desist from engaging
in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for

[[Page 54141]]

consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or likely to do so. For background, see Certain
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
In addition, if a party seeks issuance of any cease and desist
orders, the written submissions should address that request in the
context of recent Commission opinions, including those in Certain
Arrowheads with Deploying Blades and Components Thereof and Packaging
Therefor, Inv. No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain
Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits
Containing the Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017).
Specifically, if Complainants seek a cease and desist order against a
defaulting respondent, the written submissions should respond to the
following requests:

1. Please identify with citations to the record any information
regarding commercially significant inventory in the United States as
to each respondent against whom a cease and desist order is sought.
If Complainants also rely on other significant domestic operations
that could undercut the remedy provided by an exclusion order,
please identify with citations to the record such information as to
each respondent against whom a cease and desist order is sought.
2. In relation to the infringing products, please identify any
information in the record, including allegations in the pleadings,
that addresses the existence of any domestic inventory, any domestic
operations, or any sales-related activity directed at the United
States for each respondent against whom a cease and desist order is
sought.

If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors that the Commission will consider include the effect that the
exclusion order and/or cease and desists orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Yeti and OUII are requested to submit proposed remedial
orders for the Commission's consideration. Yeti is also requested to
state the HTSUS numbers under which the accused products are imported,
and to state the dates that the patents expire. Yeti is further
requested to supply identification information on any known importers.
Written submissions and proposed remedial orders must be filed no
later than the close of business on November 5, 2018. Reply submissions
must be filed no later than the close of business on November 12, 2018.
No further submissions on these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadline stated above and submit eight
true paper copies to the Office of the Secretary pursuant to section
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to the investigation number (``Inv.
No. 337-TA-1084'') in a prominent place on the cover page and/or the
first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel,\1\ solely for
cybersecurity purposes. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary and on
EDIS.
---------------------------------------------------------------------------

\1\ All contract personnel will sign appropriate nondisclosure
agreements.
---------------------------------------------------------------------------

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

By order of the Commission.
Issued: October 22, 2018.
Lisa Barton,
Secretary to the Commission.

[FR Doc. 2018-23408 Filed 10-25-18; 8:45 am]
BILLING CODE 7020-02-P

54140 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices

and Commerce, alleging that an industry (‘‘ID’’) (Order No. 29) finding two China (‘‘Flowerfairy’’), which are the
in the United States is materially respondents in default and terminating only five respondents remaining in this
injured by reason of LTFV imports of the investigation with respect to the investigation. The Office of Unfair
strontium chromate from Austria and three remaining respondents. The Import Investigations (‘‘OUII’’) was also
France. Accordingly, effective Commission requests written named as a party.
September 5, 2018, the Commission, submissions, under the schedule set The Commission served the
pursuant to section 733(a) of the Act (19 forth below, on remedy, public interest, complaint and notice of investigation on
U.S.C. 1673b(a)), instituted antidumping and bonding. Huizhou Dashu Trading and Huagong
duty investigation Nos. 731–TA–1422– FOR FURTHER INFORMATION CONTACT: Trading. Neither party responded to the
1423 (Preliminary). Robert Needham, Esq., Office of the complaint, the notice of investigation, or
Notice of the institution of the General Counsel, U.S. International discovery requests. On July 20, 2018,
Commission’s investigations and of a Trade Commission, 500 E Street SW, Yeti moved for an order for Huizhou
public conference to be held in Washington, DC 20436, telephone (202) Dashu Trading and Huagong Trading to
connection therewith was given by 708–5468. Copies of non-confidential show cause why they should not be
posting copies of the notice in the Office documents filed in connection with this found in default. On August 1, 2018, the
of the Secretary, U.S. International investigation are or will be available for ALJ ordered Huizhou Dashu Trading
Trade Commission, Washington, DC, inspection during official business and Huagong Trading to show cause
and by publishing the notice in the hours (8:45 a.m. to 5:15 p.m.) in the why they should not be held in default
Federal Register of September 12, 2018 Office of the Secretary, U.S. within 14 days. Order No. 28.
(82 FR 46189). The conference was held International Trade Commission, 500 E Neither Huizhou Dashu Trading nor
in Washington, DC, on September 26, Street SW, Washington, DC 20436, Huagong Trading responded to the ALJ’s
2018, and all persons who requested the telephone (202) 205–2000. General order. On September 14, 2018, Yeti
opportunity were permitted to appear in information concerning the Commission moved for an order finding Huizhou
person or by counsel. Dashu Trading and Huagong Trading in
may also be obtained by accessing its
The Commission made these default for their failure to respond. Yeti
internet server at https://www.usitc.gov.
determinations pursuant to section also moved to terminate the
The public record for this investigation
733(a) of the Act (19 U.S.C. 1673b(a)). It investigation with respect to Tan Er Pa,
may be viewed on the Commission’s
completed and filed its determinations Great Electronic, and Flowerfairy based
electronic docket (EDIS) at https://
in these investigations on October 22, on a withdrawal of the complaint
edis.usitc.gov. Hearing-impaired
2018. The views of the Commission are because those respondents were not
persons are advised that information on
contained in USITC Publication 4836 served with the complaint and notice of
this matter can be obtained by
(October 2018), entitled Strontium investigation. Yeti stated in its motion
contacting the Commission’s TDD
Chromate from Austria and France: that it is not seeking a general exclusion
terminal on (202) 205–1810. order. On September 26, 2018, OUII
Investigation Nos. 731–TA–1422–1423 SUPPLEMENTARY INFORMATION: The
(Preliminary). supported the motion.
Commission instituted this investigation On September 27, 2018, the ALJ
By order of the Commission. on November 24, 2017, based on a issued the subject ID, finding Huizhou
Issued: October 23, 2018. complaint and supplement, filed on Dashu Trading and Huagong Trading in
Jessica Mullan, behalf of YETI Coolers, LLC of Austin, default, and terminating Tan Er Pa,
Attorney Advisor. Texas (‘‘Yeti’’). 82 FR 55860–61 (Nov. Great Electronic, and Flowerfairy from
[FR Doc. 2018–23490 Filed 10–25–18; 8:45 am]
24, 2017). The amended complaint, as the investigation based on a voluntary
supplemented, alleges violations of withdrawal of the complaint. No
BILLING CODE 7020–02–P
section 337 based upon the importation petitions for review were filed.
into the United States, the sale for The Commission has determined not
INTERNATIONAL TRADE importation, and the sale within the to review the subject ID.
COMMISSION United States after importation of Section 337(g)(1) and Commission
certain insulated beverage containers, Rule 210.16(c) authorize the
[Investigation No. 337–TA–1084] components, labels, and packaging Commission to order relief against a
materials thereof by reason of respondent found in default, unless,
Certain Insulated Beverage Containers, infringement of U.S. Trademark after considering the public interest, it
Components, Labels, and Packaging Registration Nos. 5,233,441 and finds that such relief should not issue.
Materials Thereof; Commission’s 4,883,074; U.S. Copyright Registration In connection with the final
Determination Not To Review an Initial Nos. VA 1–974–722, VA 1–974–732, VA disposition of this investigation, the
Determination Finding Two 1–974–735; and U.S. Design Patent Nos. Commission may: (1) Issue an order that
Respondents in Default and D752,397, D780,533, D781,146, and could result in the exclusion of articles
Terminating the Investigation With D784,775. The complaint further alleges manufactured or imported by the
Respect to Three Respondents; that an industry in the United States defaulting respondents; and/or (2) issue
Request for Written Submissions on exists as required by section 337. The cease and desist orders that could result
Remedy, the Public Interest, and Notice of Investigation named as in the defaulting respondents being
Bonding respondents, inter alia, Huizhou Dashu required to cease and desist from
AGENCY: U.S. International Trade Trading Co., Ltd. of Huizou City, China engaging in unfair acts in the
(‘‘Huizhou Dashu Trading’’); Huagong importation and sale of such articles.
khammond on DSK30JT082PROD with NOTICES

Commission.
ACTION: Notice. Trading Co., Ltd. of Wangshizhuang, Accordingly, the Commission is
China (‘‘Huagong Trading’’); Tan Er Pa interested in receiving written
SUMMARY: Notice is hereby given that Technology Co., Ltd. of Hong Kong, submissions that address the form of
the U.S. International Trade China (‘‘Tan Er Pa’’); Shenzhen Great remedy, if any, that should be ordered.
Commission has determined not to Electronic Technology Co., Ltd. of If a party seeks exclusion of an article
review the presiding administrative law Shenzhen, China (‘‘Great Electronic’’); from entry into the United States for
judge’s (‘‘ALJ’’) initial determination and SZ Flowerfairy Ltd. of Shenzhen, purposes other than entry for

VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1

Document Created: 2018-10-26 02:27:39
Document Modified: 2018-10-26 02:27:39

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		Robert Needham, Esq., 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 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. 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 Citation		83 FR 54140