[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82515-82516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27858]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1166]


Certain Foodservice Equipment and Components Thereof; Commission 
Determination To Review an Initial Determination Granting Summary 
Determination of No Substantial Injury to a Domestic Industry, and on 
Review To Reverse the Initial Determination and Remand the 
Investigation to the Administrative Law Judge

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 82516]]

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the presiding administrative law 
judge's (``ALJ'') initial determination (``ID'') (Order No. 52) 
granting summary determination of no substantial injury to a domestic 
industry in the above-captioned investigation. On review, the 
Commission has determined to reverse the ID's grant of summary 
determination and remand the investigation to the ALJ for further 
proceedings. The Commission has also determined to deny Complainants' 
motion for leave to file a reply brief.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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 July 3, 2019, based on a complaint filed on behalf of Illinois Tool 
Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong; 
Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral 
Craft Equipment Corp. of Westbury, New York (collectively, 
``Complainants''). 84 FR 31911 (Jul. 3, 2019). The complaint, as 
supplemented, alleges violations of section 337(a)(1)(A) of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337(a)(1)(A), based upon the 
importation of articles into the United States, or in the sale of such 
articles by the owner, importer, or consignee of certain foodservice 
equipment and components thereof by reason of misappropriation of trade 
secrets and unfair competition through tortious interference with 
contractual relationships, the threat or effect of which is to destroy 
or substantially injure a domestic industry. Id. at 31911-12. The plain 
language description of the accused products or category of accused 
products, which defines the scope of the investigation, is ``commercial 
kitchen equipment and components thereof for use in restaurants, bars, 
cafes, cafeterias, or the like.'' Id. at 31912. The notice of 
investigation named Guangzhou Rebenet Catering Equipment Manufacturing 
Co., Ltd.; Zhou Hao; Aceplus International Limited (aka Ace Plus 
International Ltd.); Guangzhou Liangsheng Trading Co., Ltd.; and Zeng 
Zhaoliang (collectively, ``Respondents''), all of China as respondents. 
Id. at 31912. The Office of Unfair Import Investigations (``OUII'') is 
also named as a party. Id.
    On May 21, 2020, OUII filed a motion for summary determination of 
no substantial injury to a domestic industry under section 
337(a)(1)(A), 19 U.S.C. 1337(a)(1)(A). Complainants opposed the motion, 
and Respondents supported the motion. OUII also filed a reply brief in 
support of its motion.
    On July 9, 2020, the ALJ issued the subject ID (Order No. 52) 
granting OUII's motion for summary determination of no substantial 
injury to a domestic industry under section 337(a)(1)(A). Presuming the 
existence of a domestic industry as alleged by Complainants, the ID 
found that ``Complainants have not demonstrated injury'' to ``the 
specific activities and investments that give rise to [the alleged] 
domestic industry.'' Id. at 16, 18. The ID found that Complainants 
identified ``generalized competitive harm `to the industry as a whole,' 
such as lost sales and profits, rather than pointing specifically to 
injury or threatened injury to the alleged domestic activities.'' Id. 
at 16. The ID reasoned that ``generalized lost profits and lost sales, 
etc., cannot suffice to show substantial harm because even a mere 
importer will suffer such harm if a competitor imports and sells the 
same products cheaper.'' Id. at 17.
    On July 20, 2020, Complainants petitioned for review of the ID. 
Thereafter, Respondents and OUII opposed the petition. On August 4, 
2020, Complainants filed a motion for leave to file a reply to 
Respondents' and OUII's responses to its petition. Respondents and OUII 
opposed Complainants' motion.
    The Commission has determined to review the ID in its entirety and 
to deny Complainants' motion for leave to file a reply brief. On 
review, the Commission has determined to reverse the ID's grant of 
summary determination finding that Complainants' evidentiary showing is 
insufficient to establish substantial injury to Complainants' alleged 
domestic industry, and remand the investigation to the ALJ for further 
proceedings consistent with the Commission's order and concurrent 
opinion.
    The Commission vote for this determination took place on December 
14, 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: December 14, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-27858 Filed 12-17-20; 8:45 am]
BILLING CODE 7020-02-P