[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Notices]
[Pages 65180-65181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27414]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1101]
Certain Fuel Pump Assemblies Having Vapor Separators and
Components Thereof; Notice of Issuance of a Limited Exclusion Order
Against a Respondent Found in Default; Termination of Investigation
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 issued a limited exclusion order against certain fuel-
pump assemblies with vapor separators and components thereof of
respondent Wenzhou Jushang (JS) Performance Parts Co. Ltd. of Wenzhou,
China (``JSP,'' or ``Respondent''). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. 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 FR
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 '208 patent''). The notice of investigation named JSP
as a sole respondent. Id. The Office of Unfair Import Investigations is
not a party in this investigation.
On August 20, 2018, the Commission determined not to review an
initial
[[Page 65181]]
determination (Order No. 7) that found Respondent to be in default
under Commission Rule 210.16 (19 CFR 210.16), and issued a Federal
Register Notice (``Commission Notice'') to that effect. 83 FR 42937-38
(Aug. 24, 2018). The Commission also requested briefing from the
parties and the public on the issues of remedy, the public interest,
and bonding. Id. at 42938. Complainant filed a timely written
submission pursuant to the Commission Notice requesting a limited
exclusion order (``LEO'') against Respondent. No other submissions were
filed pursuant to the Commission Notice.
The Commission has determined that the appropriate form of relief
in this investigation is an LEO prohibiting the unlicensed entry of
fuel-pump assemblies with vapor separators and components thereof that
infringe one or more of claims 1-5 and 7-18 of the '208 patent and that
are manufactured abroad by or on behalf of, or imported by or on behalf
of, Respondent. The Commission has further determined that the public
interest factors enumerated in Section 337(g)(l) (19 U.S.C. 1337(g)(l))
do not preclude issuance of the LEO. The Commission has determined that
the bond for importation during the period of Presidential review shall
be in the amount of one hundred (100) percent of the entered value of
the imported subject articles of Respondent. The Commission's order was
delivered to the President and the United States Trade Representative
on the day of its issuance.
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: December 13, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27414 Filed 12-18-18; 8:45 am]
BILLING CODE 7020-02-P