[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36877-36878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13164]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1161]


Certain Food Processing Equipment and Packaging Materials 
Thereof; Issuance of a General Exclusion Order; Termination of the 
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 issued a general exclusion order (``GEO'') prohibiting 
the unlicensed entry of certain food processing equipment and packaging 
materials thereof that are falsely advertised through the unlicensed 
use of one or more certification marks of U.S. Trademark Registration 
No. 1,976,117; U.S. Trademark Registration No. 5,189,919; or U.S. 
Trademark Registration No. 5,554,628 (collectively, ``the Certification 
Marks''). The investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Amanda P. 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 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: The Commission instituted this investigation 
on June 18, 2019, based on a complaint filed by 3-A Sanitary Standards, 
Inc. of McLean, Virginia (``3-A SSI''). 84 FR 28335 (June 18, 2019). 
The complaint, as supplemented, alleges violations of section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 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 notice of 
investigation named as respondents Wenzhou QiMing Stainless Co., Ltd. 
of Wenzhou, China (``Wenzhou QiMing''); High MPa Valve Manufacturing 
Co., Ltd. of Wenzhou, China (``High MPa Valve''); Wenzhou Sinco Steel 
Co, Ltd. of Wenzhou, China (``Wenzhou Sinco''); Wenzhou Kasin Valve 
Pipe Fitting Co., Ltd. of Wenzhou, China (``Wenzhou Kasin''); and 
Wenzhou Fuchuang Machinery (``Wenzhou Fuchuang'') (collectively, 
``defaulting respondents''). Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to the 
investigation. Id.
    On October 15, 2019, the Commission found respondents Wenzhou 
QiMing, High MPa Valve, Wenzhou Sinco, and Wenzhou Kasin in default. 
Order No. 8 (Sept. 19, 2019), unreviewed, Notice (Oct. 15, 2019). On 
December 19, 2019, the Commission found Wenzhou Fuchuang in default. 
Order No. 13 (Nov. 19, 2019), unreviewed, Notice (Dec. 18, 2019).
    On November 7, 2019, 3-A SSI moved for summary determination of 
violation of section 337 by the defaulting respondents. On November 20, 
2019, and December 3, 2019, 3-A SSI supplemented its motion and 
exhibits. On December 13, 2019, OUII filed a response supporting 3-A 
SSI's motion.
    On February 18, 2020, the presiding administrative law judge issued 
Order No. 14, an initial determination (``ID'') granting 3-A SSI's 
motion for summary determination of a violation of section 337 by the 
defaulting respondents. No party petitioned for review of the ID.
    On April 3, 2020, the Commission determined not to review the ID. 
85 FR 19955-56 (Apr. 9, 2020). The

[[Page 36878]]

Commission's determination resulted in finding a violation of section 
337 as to the defaulting respondents. The Commission also requested 
written submissions on remedy, the public interest, and bonding. See 
id. On April 14, 2020, 3-A SSI and OUII submitted their briefs on 
remedy, the public interest, and bonding. OUII further filed a response 
brief on April 21, 2020.
    The Commission finds that the statutory requirements for relief 
under section 337(g)(2), 19 U.S.C. 1337(g)(2), are met. In addition, 
the Commission finds that the public interest factors enumerated in 
section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of 
the statutory relief.
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed entry of certain food 
processing equipment and packaging materials thereof that are falsely 
advertised through the unlicensed use of one or more of the 
Certification Marks. The Commission has also determined that the bond 
during the period of Presidential review pursuant to 19 U.S.C. 1337(j) 
shall be in the amount of 100 percent of the entered value of the 
imported articles that are subject to the GEO. The Commission's order 
was delivered to the President and to the United States Trade 
Representative on the day of its issuance. The investigation is hereby 
terminated in its entirety.
    The Commission vote for this determination took place on June 15, 
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).
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainant(s) complete service for any 
party/parties without a method of electronic service noted on the 
attached Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).

    By order of the Commission.

    Issued: June 15, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-13164 Filed 6-17-20; 8:45 am]
BILLING CODE 7020-02-P