[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23528-23529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08945]
[[Page 23528]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1142]
Certain Pocket Lighters; Commission Determination To Review in
Part an Initial Determination Granting Complainant's Motion for Summary
Determination of a Violation of Section 337; Schedule for Filing
Written Submissions
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 to review in part an initial determination
(``ID'') of the presiding administrative law judge (``ALJ'') granting
complainant's motion for summary determination of section 337 violation
by certain defaulting respondents. The Commission also requests written
submissions from the parties, interested government agencies and other
interested persons, under the schedule set forth below, on remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On February 12, 2019, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by BIC Corporation of Shelton, Connecticut
(``Complainant''). See 84 FR 3486-87 (Feb. 12, 2019). The complaint, as
supplemented, alleges a violation 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 pocket
lighters by reason of infringement of U.S. Trademark Registration Nos.
1,761,622 and 2,278,917. See id. The notice of investigation names
numerous respondents, including Milan Import Export Company, LLC of San
Diego, California; Wellpine Company Limited of Hong Kong; and Zhuoye
Lighter Manufacturing Co., Ltd. of Foshan City, China (collectively,
``Defaulting Respondents''). See id. The Office of Unfair Import
Investigations is also a party to the investigation. See id.
The Commission previously terminated other respondents based on
settlement and entry of a consent order. See Order No. 21 (Oct. 30,
2019), unreviewed, Comm'n Notice (Nov. 25, 2019). The Commission also
terminated an unserved respondent based on the withdrawal of the
complaint allegations as to that respondent. See Order No. 23 (Dec. 18,
2019), unreviewed, Comm'n Notice (Jan. 16, 2020).
The Commission further found each of the Defaulting Respondents in
default. See Order No. 13 (June 6, 2019), unreviewed, Comm'n Notice
(July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm'n Notice
(July 8, 2019); Order No. 15 (June 18, 2019), aff'd with modification,
Comm'n Notice (July 10, 2019).
On November 14, 2019, Complainant filed a motion for summary
determination of a violation of section 337 by the Defaulting
Respondents. On December 16, 2019, the Commission Investigative
Attorney filed a response in support of Complainant's motion.
On February 12, 2020, the ALJ issued the subject ID granting
Complainant's motion for summary determination of violation of section
337 by the Defaulted Respondents. No petition for review of the subject
ID was filed.
The Commission has determined to review the ID in part.
Specifically, the Commission has determined to review the ID's findings
with respect to the economic prong of the domestic industry
requirement. At this time, the Commission does not request briefing on
the issue under review.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) 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 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 any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or cease and desist 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,
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 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 its
initial written submission, Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to provide the HTSUS subheadings under
which the accused products are imported, and to supply the names of
known importers of the products at issue in this investigation.
Initial written submissions, including proposed remedial orders
must be filed no later than close of business on May 8, 2020. Reply
submissions must be filed no later than the close of business
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on May 15, 2020. No further submissions on any of 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-1142'') 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. 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 non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08945 Filed 4-27-20; 8:45 am]
BILLING CODE 7020-02-P