[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19955-19956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07430]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1161]
Certain Food Processing Equipment and Packaging Materials
Thereof; Commission Determination Not To Review an Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 14) issued by the administrative law judge
(``ALJ'') on February 18, 2020, granting summary determination that the
defaulting respondents have violated section 337 of the Tariff Act of
1930, as amended. The Commission requests written submissions from the
parties, interested government agencies, and interested persons on the
issues of remedy, the public interest, and bonding, under the schedule
set forth below.
FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3427. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 18, 2019, based on a complaint filed by 3-A Sanitary Standards,
Inc. of McLean, Virginia (``Complainant''). 84 FR 28335 (June 18,
2019). The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation or sale of certain food processing equipment and
packaging materials thereof by reason of false advertising and unfair
competition, the threat or effect of which is to destroy or
substantially injure an industry in the United States. The notice of
investigation named as respondents Wenzhou QiMing Stainless Co., Ltd.
of Wenzhou, China (``Wenzhou QiMing''); High MPa Valve Manufacturing
Co., Ltd. of Wenzhou, China (``High MPa Valve''); Wenzhou Sinco Steel
Co, Ltd. of Wenzhou, China (``Wenzhou Sinco''); Wenzhou Kasin Valve
Pipe Fitting Co., Ltd. of Wenzhou, China (``Wenzhou Kasin''); and
Wenzhou Fuchuang Machinery (``Wenzhou Fuchuang'') (collectively,
``defaulting respondents''). Id. The Office of Unfair Import
Investigations (``OUII'') was also named as a party to the
investigation. Id.
On October 15, 2019, the Commission found respondents Wenzhou
QiMing, High MPa Valve, Wenzhou Sinco, and Wenzhou Kasin in default.
Order No. 8 (Sept. 19, 2019), unreviewed, Notice (Oct. 15, 2019). On
December 18, 2019, the Commission found Wenzhou Fuchuang in default.
Order No. 13 (Nov. 19, 2019), unreviewed, Notice (Dec. 18, 2019).
On November 7, 2019, 3-A SSI moved for summary determination of a
violation of section 337 by the defaulting respondents. On November 20,
2019, and December 3, 2019, 3-A SSI supplemented its motion and
exhibits. On December 13, 2019, OUII filed a response supporting 3-A
SSI's motion.
On February 18, 2020, the presiding ALJ issued Order No. 14, an ID
granting 3-A SSI's motion for summary determination of a violation of
section 337 by the defaulting respondents. No party petitioned for
review of the ID.
The Commission has determined not to review the subject ID.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States. 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
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 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
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,
disapprove, or take no action on the Commission's determination. 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
[[Page 19956]]
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. Such initial submissions should include views on the
recommended determination by the ALJ on remedy and bonding.
In their initial submissions, Complainant and OUII are also
requested to identify the remedy sought and to submit proposed remedial
orders for the Commission's consideration. Complainant is also
requested to state the HTSUS subheadings under which the accused
products are imported and to supply the identification information for
all known importers of the products at issue in this investigation. The
initial written submissions and proposed remedial orders must be filed
no later than close of business on April 14, 2020. Reply submissions
must be filed no later than the close of business on April 21, 2020. 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 deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1161) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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. A
redacted non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
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: April 3, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-07430 Filed 4-8-20; 8:45 am]
BILLING CODE 7020-02-P