[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54591-54593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19338]


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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 Final Determination of Violation 
of Section 337; Issuance of a General Exclusion Order; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commission has determined to 
affirm, with modified reasoning, an initial determination (``ID'') of 
the presiding administrative law judge

[[Page 54592]]

(``ALJ'') granting summary determination on violation of section 337 by 
certain defaulting respondents. The Commission has also determined to 
issue a general exclusion order (``GEO'') barring entry of certain 
child resistant closures with slider devices having a user actuated 
insertable torpedo for selectively opening the closures and slider 
devices therefor that infringe the asserted claims of the three patents 
at issue in this investigation. This investigation is terminated.

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'') 
(collectively, the ``Dalian Respondents''); and 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 (collectively, 
the ``Unserved Respondents''). 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 two 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 investigation in part based on Presto's withdrawal 
of the complaint as to the Unserved Respondents, which were never 
served with the complaint. 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 (``LEO'') against the 
Dalian Respondents, a 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 during 
the period of Presidential review.
    On April 21, 2020, the ALJ issued an 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 
LEO directed to the Dalian Respondents, and that a 100 percent bond be 
set for importation during the period of Presidential review.
    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.
    On June 5, 2020, the Commission determined to review the ID in part 
with respect to the ID's analysis of the economic prong of the DI 
requirement. 85 FR 35662, 35663 (June 11, 2020). The Commission's 
notice also requested written submissions on remedy, the public 
interest, and bonding. Id. In particular, the notice requested a 
response to certain questions regarding whether Presto seeks cease and 
desist orders against the Dalian Respondents. Id. On June 11 and 12, 
2020, Presto and OUII, respectively, filed written submissions in 
response to the Commission's notice. On June 19, 2020, OUII filed a 
reply submission. No other submissions were received.
    Having examined the record in this investigation, including the ID 
granting summary determination, and the party's submissions, the 
Commission has determined to affirm, with modified reasoning, the ID's 
findings with respect to the economic prong of the domestic industry 
requirement and, thus, the ID's finding of a violation of section 337. 
The Commission has also determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed entry of certain 
child resistant closures with slider devices having a user actuated 
insertable torpedo for selectively opening the closures and slider 
devices therefor that infringe certain claims of the three patents 
asserted in the investigation, pursuant to section 337(g)(2) (19 U.S.C. 
1337(g)(2)). The Commission has further determined that the bond during 
the period of Presidential review pursuant to section 337(j) (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 has 
also determined that the public interest factors enumerated in 
subsection 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude the 
issuance of the GEO. The Commission's order was delivered to the 
President and to the United States Trade Representative on the day of 
its issuance. This investigation is hereby terminated in its entirety.
    The Commission vote for these determinations took place on August 
27, 2020.
    The authority for the Commission's determinations 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.


[[Page 54593]]


    Issued: August 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19338 Filed 9-1-20; 8:45 am]
BILLING CODE 7020-02-P