[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23528-23529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08945]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1142]


Certain Pocket Lighters; Commission Determination To Review in 
Part an Initial Determination Granting Complainant's Motion for Summary 
Determination of a Violation of Section 337; Schedule for Filing 
Written Submissions

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 to review in part an initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') granting 
complainant's motion for summary determination of section 337 violation 
by certain defaulting respondents. The Commission also requests written 
submissions from the parties, interested government agencies and other 
interested persons, 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 may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On February 12, 2019, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by BIC Corporation of Shelton, Connecticut 
(``Complainant''). See 84 FR 3486-87 (Feb. 12, 2019). The complaint, as 
supplemented, alleges a violation of 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 pocket 
lighters by reason of infringement of U.S. Trademark Registration Nos. 
1,761,622 and 2,278,917. See id. The notice of investigation names 
numerous respondents, including Milan Import Export Company, LLC of San 
Diego, California; Wellpine Company Limited of Hong Kong; and Zhuoye 
Lighter Manufacturing Co., Ltd. of Foshan City, China (collectively, 
``Defaulting Respondents''). See id. The Office of Unfair Import 
Investigations is also a party to the investigation. See id.
    The Commission previously terminated other respondents based on 
settlement and entry of a consent order. See Order No. 21 (Oct. 30, 
2019), unreviewed, Comm'n Notice (Nov. 25, 2019). The Commission also 
terminated an unserved respondent based on the withdrawal of the 
complaint allegations as to that respondent. See Order No. 23 (Dec. 18, 
2019), unreviewed, Comm'n Notice (Jan. 16, 2020).
    The Commission further found each of the Defaulting Respondents in 
default. See Order No. 13 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 15 (June 18, 2019), aff'd with modification, 
Comm'n Notice (July 10, 2019).
    On November 14, 2019, Complainant filed a motion for summary 
determination of a violation of section 337 by the Defaulting 
Respondents. On December 16, 2019, the Commission Investigative 
Attorney filed a response in support of Complainant's motion.
    On February 12, 2020, the ALJ issued the subject ID granting 
Complainant's motion for summary determination of violation of section 
337 by the Defaulted Respondents. No petition for review of the subject 
ID was filed.
    The Commission has determined to review the ID in part. 
Specifically, the Commission has determined to review the ID's findings 
with respect to the economic prong of the domestic industry 
requirement. At this time, the Commission does not request briefing on 
the issue under review.
    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, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of any 
remedy upon the public interest. The public interest 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, 
disapprove, or take no action on the Commission's determination. 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. Such initial submissions should include views on the 
recommended determination by the ALJ on remedy and bonding. In its 
initial written submission, Complainant and OUII are requested to 
submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to provide the HTSUS subheadings under 
which the accused products are imported, and to supply the names of 
known importers of the products at issue in this investigation.
    Initial written submissions, including proposed remedial orders 
must be filed no later than close of business on May 8, 2020. Reply 
submissions must be filed no later than the close of business

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on May 15, 2020. 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. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1142'') 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. 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 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: April 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08945 Filed 4-27-20; 8:45 am]
 BILLING CODE 7020-02-P