[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24181-24182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10852]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1123]
Carburetors and Products Containing Such Carburetors; Notice of a
Commission Determination Not To Review an Initial Determination
Granting In-Part a Motion for Leave To Amend the Complaint and Notice
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 determined not to review an initial determination
(``ID'') (Order No. 50) of the presiding administrative law judge
(``ALJ''), granting in-part complainant's unopposed motion for leave to
amend the complaint and notice of investigation to (1) substitute Huayi
Mechanical and Electrical Co., Ltd. for originally named respondent
Huayi Carburetor Factory, and update the corresponding address; (2)
correct the corporate name of respondent Cabela's Incorporated to
Cabela's LLC; and (3) substitute Techtronic Industries (Dongguan) Co.
Ltd. for the named respondent Techtronic Industries Co. Ltd. of Hong
Kong d/b/a Techtronic Industries Power Equipment.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 July 20, 2018, based on a complaint, as supplemented, filed on
behalf of Walbro, LLC of Tucson, Arizona (``Complainant''). 83 FR
34,614 (July 20, 2018). The complaint, as supplemented, alleges
violations of Section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``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 carburetors and products containing
such carburetors by reason of infringement of one or more of U.S.
Patent Nos. 6,394,424; 6,439,547; 6,533,254; 6,540,212; and 7,070,173.
The complaint further alleges that an industry in the United States
exists as required by section 337. The notice of investigation named
numerous respondents, including Huayi Carburetor Factory of Chongqinq,
China, Cabela's Incorporated of Sidney, Nebraska, and Techtronics
Industries Co. Ltd of Hong Kong d/b/a Techtronic Industries Power
Equipment of Hong Kong. The Office of Unfair Import Investigations
(``OUII'') was named as a party in this investigation.
On March 14, 2019, Complainant filed an unopposed motion to amend
the complaint and Notice of Investigate to: (1) Substitute ``Huayi
Mechanical and Electrical Co., Ltd.'' for originally named respondent
``Huayi Carburetor Factory,'' and update the address accordingly to
``No.32, Xinghuo Industrial Zone, Fuding City, Fujian Province 355200,
P.R. China''; (2) correct the corporate name of respondent ``Cabela's
Incorporated'' to ``Cabela's LLC''; (3) substitute ``Techtronic
Industries (Dongguan) Co. Ltd.'' for named respondent ``Techtronics
Industries Co. Ltd of Hong Kong d/b/a Techtronic Industries Power
Equipment;'' and (4) update contact information for Complainant's
counsel. On March 25, 2019, OUII filed a response supporting the motion
in-part.
On April 25, 2019, the ALJ issued Order No. 50. Order No. 50 finds
that ``good cause exists for amending the complaint to change the names
of Cabela's Incorporated and to substitute Respondents Huayi Mechanical
and Electrical Co. Ltd. and Techtronic Industries (Dongguan) Co. Ltd.
for Respondents Huayi Carburetor Factory, and Techtronic Industries Co.
Ltd. of Hong Kong d/b/a Techtronic Industries Power Equipment.'' Order
No. 50 at 2. The ALJ further finds that ``amending the Complaint and
Notice of Investigation to reflect the proper names of the Respondents
will aid in the development of the Investigation and is necessary to
avoid prejudicing the public interest and rights of the parties to the
Investigation.'' Id. However, the ALJ declined to grant the motion with
respect to Complainant's request to change counsel's address as that
change
[[Page 24182]]
is made normally through a notice of appearance. Id. No party
petitioned for review.
The Commission has determined not to review the ID. The notice of
investigation and complaint are amended.
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: May 20, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10852 Filed 5-23-19; 8:45 am]
BILLING CODE 7020-02-P