[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Notices]
[Pages 50859-50860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20875]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1130]
Certain Beverage Dispensing Systems and Components Thereof Notice
of Request for Statements on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the presiding administrative law
judge has issued an Initial Determination on Violation of Section 337
and a Recommended Determination on Remedy and Bond in the above-
captioned investigation. The Commission is soliciting comments on
public interest issues raised by the recommended relief, specifically a
limited exclusion order and cease and desist orders. This notice is
soliciting public interest comments from the public only. Parties are
to file public interest submissions pursuant to Commission rules.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-2532. The public version
of the complaint can be accessed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov, and 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 (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: Section 337 of the Tariff Act of 1930
provides that if the Commission finds a violation it shall exclude the
articles concerned from the United States:
unless, after considering the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, and United States consumers, it finds
that such articles should not be excluded from entry.
19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
On September 5, 2019, the administrative law judge (``ALJ'') issued
the Initial Determination on Violation of Section 337 (``ID''). The ID
finds a violation of section 337 as a result of the infringement of
claims 1,3, 7, and 10 of U.S. Patent No. 7,188,751 (``the '751
patent''). On September 19, 2019, the ALJ issued the Recommended
Determination on Remedy and Bond (``RD''). The RD recommends that if
the Commission finds a violation of section 337 that the Commission
issue a limited exclusion order as to infringing beverage dispensing
systems and components thereof, and cease and desist orders to
respondents. The RD further recommends a bond of five percent of
[[Page 50860]]
the entered value of subject articles during the Presidential review
period.
The Commission is interested in further development of the record
on the public interest in this investigation. Accordingly, parties are
to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In
addition, members of the public are hereby invited to file submissions
of no more than five (5) pages, inclusive of attachments, concerning
the public interest in light of the ALJ's Recommended Determination.
Comments should address whether issuance of a limited exclusion order
and cease and desist orders in this investigation directed to
respondents' infringing products would affect the public health and
welfare in the United States, competitive conditions in the United
States economy, the production of like or directly competitive articles
in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the recommended
orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the recommended orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the United States
which could replace the subject articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or
third party suppliers have the capacity to replace the volume of
articles potentially subject to the recommended exclusion order and/or
a cease and desist order within a commercially reasonable time; and
(v) explain how the limited exclusion order and cease and desist
orders would impact consumers in the United States.
Written submissions from the public must be filed no later than by
close of business on Monday, October 21, 2019.
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-1130'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/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. A
redacted non-confidential version of the document must also be filed
simultaneously with any confidential filing. All non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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: September 20, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-20875 Filed 9-25-19; 8:45 am]
BILLING CODE 7020-02-P