83 FR 64356 - Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 240 (December 14, 2018)
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64356-64357 | |
| FR Document | 2018-27071 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Notices] [Pages 64356-64357] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27071] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1140] Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon 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 November 8, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ingevity Corp. of North Charleston, South Carolina and Ingevity South Carolina, LLC of North Charleston, South Carolina. 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 multi-stage fuel vapor canister systems and activated carbon components thereof by reason of infringement of certain claims of U.S. Patent No. RE38,844 (``the '844 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, Office of the Secretary, Docket Services Division, 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 December 7, 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 1-5, 8, 11, 13, 15, 18, 19, 21, 24, 28, 31, 33, 36, 38, 40, 43, 45, 48, 50, and 52 of the '844 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 ``multi-stage fuel vapor canister systems manufactured by the MAHLE Respondents that include low-incremental adsorption capacity (`IAC') activated carbon components and the low-IAC activated carbon components thereof, such as MPAC-1.''; (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: Ingevity Corp., 5255 Virginia Avenue, North Charleston, SC 29406. Ingevity South Carolina, LLC, 5255 Virginia Avenue, North Charleston, SC 29406. (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: MAHLE Filter Systems North America, Inc., 906 Butler Drive, Murfreesboro, TN 37127. MAHLE Filter Systems Japan Corp., 591 Shimo-akasaka, Kawagoe, Saitama 350-1155, Japan. MAHLE Sistemas de Filtraci[oacute]n de M[eacute]xico S.A. de C.V., Libramiento Arco Vial Poniente km. 4,2, 66350 Monterrey, Nuevo Leon, Mexico. MAHLE Filter Systems Canada, ULC, 16 Industrial Park Road, Tilbury, ON N0P 2L0, Canada. Kuraray Co., Ltd., Ote Center Building, 1-1-3, Otemachi, Chiyoda- ku, Tokyo 100-8115, Japan. Kuraray America, Inc., 2625 Bay Area Boulevard, Suite 600, Houston, TX 77058. Nagamine Manufacturing Co., Ltd., 1725-26, Kishinoue, Manno-town, Nakatado-Gun, Kagawa-pref., 766-0026, Japan. The Office of Unfair Import Investigations will not be named as a party to 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 [[Page 64357]] 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: December 10, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-27071 Filed 12-13-18; 8:45 am] BILLING CODE 7020-02-P
![64356 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices
Lease Sale EIS or the submission of individuals are advised that information (a) The complainants are: Ingevity
comments, please contact Sharon on this matter can be obtained by Corp., 5255 Virginia Avenue, North
Randall, Chief of Environmental contacting the Commission’s TDD Charleston, SC 29406.
Analysis Section, BOEM, Alaska OCS terminal on (202) 205–1810. Persons Ingevity South Carolina, LLC, 5255
Region, 3801 Centerpoint Drive, Suite with mobility impairments who will Virginia Avenue, North Charleston, SC
500, Anchorage, AK 99503, (907) 334– need special assistance in gaining access 29406.
5200. to the Commission should contact the (b) The respondents are the following
Authority: This notice of intent is Office of the Secretary at (202) 205– entities alleged to be in violation of
published pursuant to the regulations at 40 2000. General information concerning section 337, and are the parties upon
CFR 1501.7 implementing the provisions of the Commission may also be obtained which the complaint is to be served:
NEPA. by accessing its internet server at MAHLE Filter Systems North
https://www.usitc.gov. The public America, Inc., 906 Butler Drive,
Dated: December 11, 2018.
record for this investigation may be Murfreesboro, TN 37127.
Walter D. Cruickshank, MAHLE Filter Systems Japan Corp.,
Acting Director, Bureau of Ocean Energy
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov. 591 Shimo-akasaka, Kawagoe, Saitama
Management. 350–1155, Japan.
[FR Doc. 2018–27176 Filed 12–13–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: MAHLE Sistemas de Filtración de
BILLING CODE 4310–MR–P Katherine Hiner, Office of the Secretary, México S.A. de C.V., Libramiento Arco
Docket Services Division, U.S. Vial Poniente km. 4,2, 66350 Monterrey,
International Trade Commission, Nuevo Leon, Mexico.
INTERNATIONAL TRADE telephone (202) 205–1802. MAHLE Filter Systems Canada, ULC,
COMMISSION SUPPLEMENTARY INFORMATION: 16 Industrial Park Road, Tilbury, ON
Authority: The authority for N0P 2L0, Canada.
[Investigation No. 337–TA–1140]
institution of this investigation is Kuraray Co., Ltd., Ote Center
Certain Multi-Stage Fuel Vapor contained in section 337 of the Tariff Building, 1–1–3, Otemachi, Chiyoda-ku,
Canister Systems and Activated Act of 1930, as amended, 19 U.S.C. Tokyo 100–8115, Japan.
Carbon Components Thereof; 1337, and in section 210.10 of the Kuraray America, Inc., 2625 Bay Area
Institution of Investigation Commission’s Rules of Practice and Boulevard, Suite 600, Houston, TX
Procedure, 19 CFR 210.10 (2018). 77058.
AGENCY: U.S. International Trade Nagamine Manufacturing Co., Ltd.,
Scope of Investigation: Having
Commission. 1725–26, Kishinoue, Manno-town,
considered the complaint, the U.S.
ACTION: Notice. International Trade Commission, on Nakatado-Gun, Kagawa-pref., 766–0026,
December 7, 2018, Ordered that— Japan.
SUMMARY: Notice is hereby given that a The Office of Unfair Import
complaint was filed with the U.S. (1) Pursuant to subsection (b) of Investigations will not be named as a
International Trade Commission on section 337 of the Tariff Act of 1930, as party to this investigation.
November 8, 2018, under section 337 of amended, an investigation be instituted (4) For the investigation so instituted,
the Tariff Act of 1930, as amended, on to determine whether there is a the Chief Administrative Law Judge,
behalf of Ingevity Corp. of North violation of subsection (a)(1)(B) of U.S. International Trade Commission,
Charleston, South Carolina and Ingevity section 337 in the importation into the shall designate the presiding
South Carolina, LLC of North United States, the sale for importation, Administrative Law Judge.
Charleston, South Carolina. The or the sale within the United States after Responses to the complaint and the
complaint alleges violations of section importation of certain products notice of investigation must be
337 based upon the importation into the identified in paragraph (2) by reason of submitted by the named respondents in
United States, the sale for importation, infringement of one or more of claims accordance with section 210.13 of the
and the sale within the United States 1–5, 8, 11, 13, 15, 18, 19, 21, 24, 28, 31, Commission’s Rules of Practice and
after importation of certain multi-stage 33, 36, 38, 40, 43, 45, 48, 50, and 52 of Procedure, 19 CFR 210.13. Pursuant to
fuel vapor canister systems and the ’844 patent; and whether an 19 CFR 201.16(e) and 210.13(a), such
activated carbon components thereof by industry in the United States exists as responses will be considered by the
reason of infringement of certain claims required by subsection (a)(2) of section Commission if received not later than 20
of U.S. Patent No. RE38,844 (‘‘the ’844 337; days after the date of service by the
patent’’). The complaint further alleges (2) Pursuant to section 210.10(b)(1) of Commission of the complaint and the
that an industry in the United States the Commission’s Rules of Practice and notice of investigation. Extensions of
exists as required by the applicable Procedure, 19 CFR 210.10(b)(1), the time for submitting responses to the
Federal Statute. plain language description of the complaint and the notice of
The complainants request that the accused products or category of accused investigation will not be granted unless
Commission institute an investigation products, which defines the scope of the good cause therefor is shown.
and, after the investigation, issue a investigation, is ‘‘multi-stage fuel vapor Failure of a respondent to file a timely
limited exclusion order and cease and canister systems manufactured by the response to each allegation in the
desist orders. MAHLE Respondents that include low- complaint and in this notice may be
ADDRESSES: The complaint, except for incremental adsorption capacity (‘IAC’) deemed to constitute a waiver of the
any confidential information contained activated carbon components and the right to appear and contest the
amozie on DSK3GDR082PROD with NOTICES1
therein, is available for inspection low-IAC activated carbon components allegations of the complaint and this
during official business hours (8:45 a.m. thereof, such as MPAC–1.’’; notice, and to authorize the
to 5:15 p.m.) in the Office of the (3) For the purpose of the administrative law judge and the
Secretary, U.S. International Trade investigation so instituted, the following Commission, without further notice to
Commission, 500 E Street SW, Room are hereby named as parties upon which the respondent, to find the facts to be as
112, Washington, DC 20436, telephone this notice of investigation shall be alleged in the complaint and this notice
(202) 205–2000. Hearing impaired served: and to enter an initial determination
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![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64357
and a final determination containing this second opinion, the CIT remanded their representatives who are parties to
such findings, and may result in the to the agency two issues concerning the the remand proceedings, and the
issuance of an exclusion order or a cease Commission’s like product Secretary will maintain a separate list of
and desist order or both directed against determination in Hydrofluorocarbon those authorized to receive BPI under
the respondent. (‘‘HFC’’) Blends and Components from the administrative protective order
By order of the Commission. China, Inv. No. 731–TA–1279 (Final), during the remand proceedings.
Issued: December 10, 2018.
USITC Pub. 4629 (Aug. 2016). In the Written Submissions.—The
investigation, the Commission applied Commission is reopening the record in
Lisa Barton,
its five-factor finished/semi-finished these proceedings for the limited
Secretary to the Commission. product analysis and determined that purpose of issuing a short supplemental
[FR Doc. 2018–27071 Filed 12–13–18; 8:45 am] there were two domestic like products, questionnaire to U.S. producers and
BILLING CODE 7020–02–P one comprised of HFC components and blenders. The Commission is not
one comprised of HFC blends. The otherwise reopening the record for the
Commission then determined that the collection of new factual information.
INTERNATIONAL TRADE domestic industry producing HFC The Commission will make available
COMMISSION blends was materially injured by reason any new factual information obtained
[Investigation No. 731–TA–1279 (Final) of subject imports of HFC blends, during the remand proceedings not
(Second Remand)] whereas the domestic industry already served to parties in the
producing HFC components was not investigations (as identified by the
Hydrofluorocarbon Blends and materially injured or threatened with public or BPI service list). The
Components From China material injury by reason of subject Commission will permit the parties to
imports of HFC components. Petitioners file written comments on any new
AGENCY: United States International
appealed the decisions to the CIT, factual information obtained during the
Trade Commission.
challenging the Commission’s remand proceedings and on how the
ACTION: Notice of remand proceedings. determination that there were two Commission could best comply with the
SUMMARY: The U.S. International Trade domestic like products consisting of CIT’s remand instructions.
Commission (‘‘Commission’’) hereby HFC blends and HFC components. In its The comments must be based only on
gives notice of the court-ordered remand first opinion, the CIT remanded two the information in the Commission’s
of its final determination in the issues to the Commission and affirmed record, including any new information
antidumping duty investigation of all other aspects of the Commission’s collected in these remand proceedings.
hydrofluorocarbon blends and domestic like product determination. The Commission will reject submissions
components (‘‘HFC’’) from China. For See Arkema, Inc. v. United States, Court containing additional factual
further information concerning the No. 16–00179, 42 CIT ll, 290 information or arguments pertaining to
conduct of these remand proceedings F.Supp.3d 1363 (2018). The issues other than those on which the
and rules of general application, consult Commission filed its remand with the CIT has remanded this matter. The
the Commission’s Rules of Practice and Court on May 5, 2018. In its second deadline for filing comments is January
Procedure. opinion, the CIT held that the 7, 2019. Comments shall be limited to
Commission’s domestic like product no more than ten (10) double-spaced
DATES: December 6, 2018.
determination remained deficient and single-sided pages of textual
FOR FURTHER INFORMATION CONTACT: regarding the same two issues and again material.
Joanna Lo (202–205–1888), Office of remanded these two issues to the Parties are advised to consult with the
Investigations, or P.V. Gallagher (202– Commission for reconsideration and Commission’s Rules of Practice and
205–3152), Office of the General explanation. Arkema, Inc. v. United Procedure, part 201, subparts A through
Counsel, U.S. International Trade States, Court No. 16–00179, Slip. Op. E (19 CFR part 201), and part 207,
Commission, 500 E Street SW, 18–153 (Ct. Int’l Trade November 5, subpart A (19 CFR part 207) for
Washington, DC 20436. Hearing- 2018). provisions of general applicability
impaired persons can obtain Participation in the proceeding.— concerning written submissions to the
information on this matter by contacting Only those persons who were interested Commission. All written submissions
the Commission’s TDD terminal on 202– parties that participated in the must conform to the provisions of
205–1810. Persons with mobility investigations (i.e., persons listed on the section 201.8 of the Commission’s rules;
impairments who will need special Commission Secretary’s service list) and any submissions that contain BPI must
assistance in gaining access to the also parties to the appeal may also conform to the requirements of
Commission should contact the Office participate in the remand proceedings. sections 201.6, 207.3, and 207.7 of the
of the Secretary at 202–205–2000. Such persons need not make any Commission’s rules. The Commission’s
General information concerning the additional notice of appearances or Handbook on E-Filing, available on the
Commission may also be obtained by applications with the Commission to Commission’s website at http://
accessing its internet server (http:// participate in the remand proceedings, edis.usitc.gov, elaborates upon the
www.usitc.gov). The public record of unless they are adding new individuals Commission’s rules with respect to
Investigation No. 731–TA–1279 (Final) to the list of persons entitled to receive electronic filing.
may be viewed on the Commission’s business proprietary information Additional written submissions to the
electronic docket (EDIS) at http:// (‘‘BPI’’) under administrative protective Commission, including requests
amozie on DSK3GDR082PROD with NOTICES1
edis.usitc.gov. order. BPI referred to during the remand pursuant to section 201.12 of the
SUPPLEMENTARY INFORMATION: proceedings will be governed, as Commission’s rules, will not be
Background.—On November 5, 2018, appropriate, by the administrative accepted unless good cause is shown for
the U.S. Court of International Trade, protective order issued in the accepting such submissions or unless
per Judge Leo M. Gordon, issued a investigation. The Secretary will the submission is pursuant to a specific
second opinion in Arkema, Inc. v. maintain a service list containing the request by a Commissioner or
United States, Court No. 16–00179. In names and addresses of all persons or Commission staff.
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Document Created: 2018-12-14 03:50:43
Document Modified: 2018-12-14 03:50:43
| 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, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 83 FR 64356 |
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