[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48561-48562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17465]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1210]


Certain Wrapping Material and Methods for Use in Agricultural 
Applications; Notice of Institution

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 July 7, 2020, under the Tariff 
Act of 1930, as amended, on behalf of Tama Group of Israel and Tama USA 
Inc. of Dubuque, Iowa. Supplements to the complaint were filed on July 
10 and 13, 2020. The complaint, as supplemented, alleges violations 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 wrapping material and methods for use in 
agricultural applications by reason of infringement of U.S. Patent No. 
6,787,209 (``the '209 Patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as supplemented, except for any confidential 
information contained therein, may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov. For help accessing 
EDIS, please email [email protected]. 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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 5, 2020, 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 subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 2, 4-16, 18, 28, 32, 33, and 35-45 of the '209 Patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (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 ``wrapping material 
and/or methods of wrapping that are used for wrapping bales of cotton 
and are used exclusively in connection with Deere Machines'';
    (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 complainants are:

Tama Group, Kibbutz Mishmar HaEmek, 1923600 Israel.
Tama USA Inc., P.O. Box 506, Dubuque, Iowa 52004.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Zhejiang Yajia Cotton Picker Parts Co., Ltd., 18 Sanfeng Road, Diankou 
Town, Zhuji City, 311835 Zhejiang, China.
Southern Marketing Affiliates, Inc., 2623 Commerce Drive, Jonesboro, AR 
72401.
Hai'an Xin Fu Yuan of Agricultural, Science and Technology Co., Ltd., 
59 Kaiyuan North Road, Haian, Nantong, Jiangsu 226600, China.
Gosun Business Development Co. Ltd., 12922 Oak Road, Grande Prairie AB 
T8V 4N1, Canada.
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the 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

[[Page 48562]]

complaint and in this notice may be deemed to constitute a waiver of 
the right to appear and contest the allegations of the complaint and 
this notice, and to authorize the administrative law judge and the 
Commission, without further notice to the respondent, to find the facts 
to be as alleged in the 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: August 5, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-17465 Filed 8-10-20; 8:45 am]
BILLING CODE 7020-02-P