[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37689-37690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13516]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1203]
Certain Rolled-Edge Rigid Plastic Food Trays; Notice of
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 18, 2020, under section 337
of the Tariff Act of 1930, as amended, on behalf of Clearly Clean
Products, LLC of South Windsor, Connecticut and Converter
Manufacturing, LLC of Orwigsburg, Pennsylvania. 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 rolled-edge rigid plastic food trays by
reason of infringement of certain claims of U.S. Patent No. 9,908,281
(``the '281 patent'') and U.S. Patent No. 10,562,680 (``the '680
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, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD
[[Page 37690]]
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.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 17, 2020, 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
claim 9 of the '281 patent and claims 1, 12, 20, and 21 of the '680
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 ``open-topped food
containers made of rigid plastic and having a smooth outer periphery
attributable to turning or rolling of the rigid plastic at or near it
its peripheral edge'';
(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:
Clearly Clean Products, LLC, 225 Oakland Road, Suite 401, South
Windsor, CT 06074
Converter Manufacturing, LLC, 603 Industrial Drive, Orwigsburg, PA
17961
(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:
Eco Food Pak (USA), Inc., 8719 Enterprise Way, Chino, CA 91710
Ningbo Linhua Plastic Co., Ltd., No. 13, Dongfan Road, Xiwu, Fenghua
315000, China
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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: June 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-13516 Filed 6-22-20; 8:45 am]
BILLING CODE 7020-02-P