[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55491-55492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19740]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1217]
Certain Blowers and Components Thereof; Institution of
Investigation
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 31, 2020, under section 337
of the Tariff Act of 1930, as amended, on behalf of Regal Beloit
America, Inc. of Beloit, Wisconsin. The complaint 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 blowers and components thereof by reason of
infringement of certain claims of U.S. Patent No. 8,079,834. The
complaint further alleges that an industry in the United States exists
as required by the applicable Federal Statute.
[[Page 55492]]
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and a cease and desist order.
ADDRESSES: The complaint, 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 September 1, 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, 7-10, and 15 of the '834 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 ``heater blowers that
draw in external air for mixing with exhaust gases from the heater
before being expelled from the blower;''
(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 complainant is:
Regal Beloit America, Inc., 200 State Street, Beloit, WI 53511
(b) The respondents are the following entities alleged to be in
violation of section 337, and is/are the parties upon which the
complaint is to be served:
East West Manufacturing, LLC, 4170 Ashford Dunwoody Road, Suite 375,
Atlanta, GA 30319
East West Industries, No. 27 Street No. 2, VSIP 2, Hoa Phu Ward, Thu
Dau Mot City, Binh Duong, Vietnam 72000
(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 be participating 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 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: September 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19740 Filed 9-4-20; 8:45 am]
BILLING CODE 7020-02-P