[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42937-42938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18286]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1101]
Certain Fuel Pump Assemblies Having Vapor Separators and
Components Thereof; Commission Determination Not To Review an Initial
Determination Finding Sole Respondent in Default; Request for Written
Submissions on Remedy, Bonding, and the Public Interest
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 (Order
No. 6) finding the sole respondent, Wenzhou Jushang (JS) Performance
Parts Co. Ltd. of Wenzhou, China, in default. The Commission requests
written submissions, under the schedule set forth below, on remedy,
bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. 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
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), on March 2, 2018, based on a complaint filed by
Carter Fuel Systems, LLC of Logansport, IN (``Complainant''). 83 Fed.
Reg. 9027 (Mar. 2, 2018). The complaint alleges a violation of section
337 by reason of infringement of certain claims of U.S. Patent No.
6,257,208. The notice of investigation named Wenzhou Jushang (JS)
Performance Parts Co. Ltd. (``JSP'') of Wenzhou, China, as the sole
[[Page 42938]]
respondent. Id. The Office of Unfair Import Investigations is not a
party in this investigation.
The complaint and notice of investigation were served on JSP on May
4, 2018.
On June 6, 2018, Complainant filed a motion for an order to show
cause directing respondent JSP to demonstrate why it should not be
found in default for failing to respond to the complaint and notice of
investigation, or otherwise participate in the investigation.
Complainant did not state in its motion that it intended to seek a
general exclusion order. JSP did not file a response.
On June 22, 2018, the presiding administrative law judge (``ALJ'')
issued Order No. 6, ordering JSP to show why it should not be found in
default. No response was filed.
On July 23, 2018, the ALJ issued the subject ID (Order No. 7),
finding JSP in default under Commission Rule 210.16 (19 CFR 210.16). No
party petitioned for review of the ID, and the Commission has
determined not to review it.
Section 337(g)(1) (35 U.S.C. 1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 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
the subject articles from entry into the United States, and/or (2)
issue a cease and desist order that could result in Respondent 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 (Dec. 1994), Comm'n Op. at 7-10.
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist 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
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. Complainant is also requested to submit proposed remedial
orders for the Commission's consideration. Complainant is further
requested to state the date that the asserted patent expires and the
HTSUS numbers under which the accused products are imported, and
provide identification information for all known importers of the
subject articles. The written submissions and proposed remedial orders
must be filed no later than close of business on September 4, 2018.
Reply submissions must be filed no later than the close of business on
September 11, 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 deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
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-1101'') in a prominent place on
the cover page and/or the first page. See Handbook for Electronic
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. Persons with questions
regarding filing should contact the Secretary at (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: August 20, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18286 Filed 8-23-18; 8:45 am]
BILLING CODE 7020-02-P