[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28335-28336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12791]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1161]
Certain Food Processing Equipment and Packaging Materials
Thereof; 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 March 12, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of 3-A Sanitary
Standards, Inc. of McLean, Virginia. A first amended complaint was
filed on May 14, 2019, and a second amended complaint was filed on June
3, 2019. The complaint, as amended, alleges violations of section 337
based upon the importation or sale of certain food processing equipment
and packaging materials thereof by reason of false advertising and
unfair competition, the threat or effect of which is to destroy or
substantially injure an industry in the United States.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general, or in the
alternative a limited exclusion order, and cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is 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, Room
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD 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.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations or U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
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 (2019).
Scope of Investigation: Having considered the amended complaint, the
U.S. International Trade Commission, on June 11, 2019, 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 subsections (a)(1)(A) of section 337 in the
importation or sale of certain products identified in paragraph (2) by
reason of false advertising and unfair competition under Section 43(a)
of the Lanham Act, 15 U.S.C. 1125(a), the threat or effect of which is
to destroy or substantially injure an industry in the United States;
(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 ``certain food
processing equipment and packaging materials thereof, namely, valves
(including clamped cleaning balls), clamps (including hygienic fittings
clamps), and fittings (including sanitary elbow, sanitary clamp elbows,
and pipe fittings), and packaging materials thereof'';
(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 complainant is:
3-A Sanitary Standards, Inc., 6888 Elm Street, Suite 2D, McLean, VA
22101
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Wenzhou QiMing Stainless Co., Ltd., No. 659 Dingxiang Road, Binhai
Industry Zone, Wenxhou, Zhejiang, China 325025
High MPa Valve Manufacturing Co., Ltd., No. 97, Road 15, Avenue 4,
Economic and Technological Zone, Wenzhou, Zhejiang, China 325024
Wenzhou Sinco Steel Co, Ltd., 167 Ningcheng West Road, Ningcheng
Industry Zone, Yongzhong, Longwan District, Wenzhou, China 325024
Wenzhou Kasin Valve Pipe Fitting Co., Ltd., Binhai Industry Zone,
Wenzhou Economy & Technology Development Zone, E, Wenzhou, China 325000
Wenzhou Fuchuang Machinery Co., Ltd., Binhai Industrial Park, Shacheng
Town, Longwan District, Wenzhou, Zhejiang, China 325024
(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.
Responses to the amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
[[Page 28336]]
the respondent, to find the facts to be as alleged in the amended
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 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-12791 Filed 6-17-19; 8:45 am]
BILLING CODE 7020-02-P