[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Notices]
[Pages 35662-35664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12594]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1171]


Certain Child Resistant Closures With Slider Devices Having a 
User Actuated Insertable Torpedo for Selectively Opening the Closures 
and Slider Devices Therefor 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 on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that, on April 21, 2020, the presiding 
administrative law judge (``ALJ'') issued an initial determination 
(``ID'') in the above-captioned investigation, granting summary 
determination on violation of section 337 that included a recommended 
determination on remedy and bonding. On April 22, 2020, the ALJ issued 
a Notice of Errata thereto. The Commission has determined to review the 
ID in part. The Commission requests briefing from the parties, 
interested government agencies, and interested persons on the issues of 
remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On August 21, 2019, the Commission 
instituted this investigation based on a complaint filed by Reynolds 
Presto Products Inc. (``Presto''). 84 FR 43616-17 (Aug. 21, 2019). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337) (``section 337'') based on the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain child resistant closures 
with slider devices having a user actuated insertable torpedo for 
selectively opening the closures and slider devices therefor by reason 
of infringement of certain claims of U.S. Patent Nos. 9,505,531 (``the 
'531 patent''); 9,554,628; and 10,273,058 (``the '058 patent'') 
(collectively, the ``Asserted Patents''). Id. at 43616. The complaint 
further alleges that a domestic industry exists. Id. The Commission's 
notice of investigation names six respondents: Dalian Takebishi Packing 
Industry Co., Ltd. of Dalian, China (``Dalian Takebishi''); Dalian 
Altma Industry Co., Ltd. of Dalian, Liaoning, China (``Dalian Altma'') 
(together, the ``Dalian Respondents''); Japan Takebishi Co., Ltd., of 
Tokyo, Japan; Takebishi Co., Ltd., of Shiga, Japan; Shanghai Takebishi 
Packing Material Co., Ltd., of Shanghai, China; and Qingdao Takebishi 
Packing Industry Co., Ltd., of Qingdao, China. Id. at 43616-17. It also 
names the Office of Unfair Import Investigations (``OUII'') as a party. 
Id. at 43617.
    On October 7, 2019, the ALJ issued an ID finding the Dalian 
Respondents in default. Order No. 7 (Oct. 30, 2019), unreviewed by 
Comm'n Notice (Nov. 26, 2019). On November 19, 2019, the ALJ issued an 
ID terminating the

[[Page 35663]]

investigation based on Presto's withdrawal of the complaint as to the 
other four respondents (Japan Takebishi Co., Ltd.; Takebishi Co., Ltd.; 
Shanghai Takebishi Packing Material Co., Ltd.; and Qingdao Takebishi 
Packing Industry Co., Ltd.). Order No. 10 (Nov. 19, 2019), unreviewed 
by Comm'n Notice (Dec. 18, 2019). That ID also terminated the 
investigation as to (i) claims 6 and 7 of the '531 patent and (ii) 
claims 6 and 7 of the '058 patent. Id.
    On November 15, 2019, Presto filed a motion for summary 
determination that the domestic industry requirement was satisfied and 
that a violation had been established. Presto's motion requested 
immediate entry of a limited exclusion order against the Dalian 
Respondents, a general exclusion order (``GEO''), and a 100 percent 
bond. On November 26, 2019, OUII filed a response to the motion 
supporting the summary determination motion and the requested GEO and 
100 percent bond.
    On April 21, 2020, the ALJ issued the subject ID granting summary 
determination of violation of section 337 by the Dalian Respondents. 
The ID also contains the ALJ's recommendation on remedy and bonding, in 
which the ALJ recommends issuance of a GEO or, in the alternative, a 
limited exclusion order directed to each of the Dalian Respondents, and 
that a 100 percent bond be set for importation during the Presidential 
review period.
    On May 1, 2020, OUII filed a petition seeking review of portions of 
the ID's analysis of the economic prong of the domestic industry 
requirement. No other party petitioned for review of the ID, and no 
party filed a response to OUII's petition.
    The Commission has determined to review the ID in part with respect 
to the ID's analysis of the economic prong of the domestic industry 
requirement. The Commission has determined not to review the remaining 
findings in the ID. The Commission is not requesting any briefing on 
the issue under review.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of: (1) An exclusion order that could 
result in the exclusion of the subject articles from entry into the 
United States, and/or (2) one or more cease and desist orders 
(``CDOs'') that could result in the Dalian 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 (December 1994). In 
addition, if a party seeks issuance of any CDOs, the written 
submissions should address that request 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). The written 
submissions should respond to the following:
    1. Is Presto still seeking CDOs against the Dalian Respondents?
    2. If Presto is still seeking CDOs, please address the following 
questions:
    a. Can the Commission grant CDOs if a complainant has not argued 
for them in its remedy briefing before the ALJ? Has the Commission ever 
granted CDOs under such circumstances?
    b. What prejudice have the Dalian Respondents suffered as a result 
of Presto seeking CDOs in its complaint but not requesting them before 
the ALJ?
    c. Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a CDO is sought. If Presto also relies on 
other significant domestic operations that could undercut the remedy 
provided by an exclusion order, identify with citations to the record 
such information as to each respondent against whom a CDO is sought.
    d. 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 CDO is sought.
    e. Please discuss any other basis upon which the Commission could 
enter a CDO.
    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 CDO 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 this investigation, interested 
government agencies, and any other interested parties are invited to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should include views on the recommended 
determination by the ALJ on remedy and bonding.
    In its initial written submission, Presto is also requested to 
submit proposed remedial orders for the Commission's consideration. 
Presto is further requested to identify the date the Asserted Patents 
expire, to provide the HTSUS subheadings under which the subject 
articles are imported, and to supply identification information for all 
known importers of the subject articles.
    Initial written submissions, including proposed remedial orders, 
must be filed no later than close of business on June 12, 2020. Reply 
submissions must be filed no later than the close of business on June 
19, 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 (Mar. 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1171) 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

[[Page 35664]]

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 Commission vote for these determinations took place on June 5, 
2020.
    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: June 5, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12594 Filed 6-10-20; 8:45 am]
BILLING CODE 7020-02-P