[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67346-67348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28175]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1074]
Certain Industrial Automation Systems and Components Thereof
Including Control Systems, Controllers, Visualization Hardware, Motion
and Motor Control Systems, Networking Equipment, Safety Devices, and
Power Supplies; Commission Determination Not To Review a Final Initial
Determination Finding a Section 337 Violation by the Defaulted
Respondents
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 a final initial determination
(``FID'') of the presiding administrative law judge (``ALJ'') finding a
section 337 violation by the Defaulted Respondents. The Commission also
requests written submissions, 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 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
on October 16, 2017, based on a complaint filed by Complainant Rockwell
Automation, Inc. of Milwaukee, Wisconsin. See 82 FR 48113-15 (Oct. 16,
2017). The complaint, as supplemented, alleges violations of section
337 based on the infringement of certain registered trademarks and
copyrights and on unfair methods of competition and unfair acts in the
importation or sale of certain industrial automation systems and
components thereof including control systems, controllers,
visualization hardware, motion and motor control systems, networking
equipment, safety devices, and power supplies, the threat or effect of
which is to destroy or substantially injure an industry in the United
States. See id. The Notice of Investigation identifies the following
respondents: Can Electric Limited of Guangzhou, China (``Can
Electric''); Capnil (HK) Company Limited of Hong Kong (``Capnil'');
Fractioni (Hongkong) Ltd. of Shanghai, China (``Fractioni''); Fujian
Dahong Trade Co. of Fujian, China (``Dahong''); GreySolution Limited d/
b/a Fibica of Hong Kong (``GreySolution''); Huang Wei Feng d/b/a A-O-M
Industry of Shenzhen, China (``Huang''); KBS Electronics Suzhou Co,
Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop d/b/a VIP Tech Limited
of Hong Kong (``PLC-VIP''); Radwell International, Inc. d/b/a PLC
Center of Willingboro, New Jersey (``Radwell''); Shanghai EuoSource
Electronic Co., Ltd of Shanghai, China (``EuoSource''); ShenZhen T-Tide
Trading Co., Ltd. of Shenzhen, China (``T-Tide''); SoBuy Commercial
(HK) Co. Limited of Hong Kong (``SoBuy''); Suzhou Yi Micro Optical Co.,
Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics
Co. LTD. of Jiangsu, China (``Suzhou''); Wenzhou Sparker Group Co.
Ltd., d/b/a Sparker Instruments of Wenzhou, China (``Sparker''); and
Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China
(``Yaspro''). See id. In addition, the Office of Unfair Import
Investigations is also a party in this investigation. See id.
Nine respondents were found in default, namely, Fractioni,
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can
Electric (collectively, ``the Defaulted Respondents''). See Order No.
17 (Feb. 1, 2018), unreviewed, Comm'n Notice
[[Page 67347]]
(Feb. 26, 2018); Order No. 32 (June 28, 2018), unreviewed, Comm'n
Notice (July 24, 2018). Furthermore, five unserved respondents (Capnil,
Dahong, Huang, PLC-VIP, and Sparker) were terminated from the
investigation, and one respondent (Radwell) was terminated based on the
entry of a consent order. See Order No. 41 (July 17, 2018), unreviewed,
Comm'n Notice (Aug. 13, 2018); Order No. 42 (July 20, 2018),
unreviewed, Comm'n Notice (Aug. 15, 2018).
On October 23, 2018, the ALJ issued the subject FID finding a
violation of section 337 by the Defaulted Respondents and recommending
that the Commission: (1) Issue a general exclusion order; (2) issue a
cease and desist order against Defaulted Respondent Fractioni; and (3)
set a bond at 100 percent of the entered value. No petitions for review
of the subject FID were filed.
The Commission has determined not to review the subject FID.
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 (Dec. 1994)
(Comm'n Op.).
In particular, the written submissions should address any request
for a cease and desist order in the context of recent Commission
opinions, including those in Certain Arrowheads with Deploying Blades
and Components Thereof and Packaging Therefor, Inv. No. 337-TA-977,
Comm'n Op. (Apr. 28, 2017) and Certain Electric Skin Care Devices,
Brushes and Chargers Therefor, and Kits Containing the Same, Inv. No.
337-TA-959, Comm'n Op. (Feb. 13, 2017). Specifically, if Complainant
seeks a cease and desist order against a defaulting respondent, the
written submissions should respond to the following requests:
(1) Please identify with citations to the record any information
regarding commercially significant inventory in the United States as to
each respondent against whom a cease and desist order is sought. If
Complainant also relies on other significant domestic operations that
could undercut the remedy provided by an exclusion order, please
identify with citations to the record such information as to each
respondent against whom a cease and desist order is sought.
(2) In relation to the infringing products, please identify any
information in the record, including allegations in the pleadings, that
addresses the existence of any domestic inventory, any domestic
operations, or any sales-related activity directed at the United States
for each respondent against whom a cease and desist order is sought.
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 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
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 and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainant is also requested to state the HTSUS numbers
under which the accused products are imported and to supply the names
of known importers of the infringing articles.
Written submissions must be filed no later than close of business
on January 11, 2019. Reply submissions must be filed no later than the
close of business on January 18, 2019. Such submissions should address
the ALJ's recommended determinations on remedy and bonding which were
made in the FID. 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 and submit eight
(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-1074'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/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
[[Page 67348]]
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: December 20, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-28175 Filed 12-27-18; 8:45 am]
BILLING CODE 7020-02-P