[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1523-1524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00086]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1184]


Certain Shaker Screens for Drilling Fluids, Components Thereof, 
and Related Materials; Commission Determination To Review-nn-Part an 
Initial Determination Granting Summary Determination of Violation of 
Section 337; Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

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 determined to review-in-part an initial determination 
(``ID'') (Order No. 20) issued by the presiding administrative law 
judge (``ALJ'') granting a motion for summary determination of 
violation of section 337. The Commission requests written submissions 
from the parties, interested government agencies, and interested 
persons on the issues of remedy, the public interest, and bonding, 
under the schedule set forth below.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5453. 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 November 21, 2019, based on a complaint, as amended, filed by M-I 
L.L.C. of Houston, Texas (``M-I''). 84 FR 64339 (Nov. 21, 2019). The 
amended complaint alleged violations of section 337 of the Tariff Act 
of 1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain shaker screens for drilling fluids, 
components thereof, and related marketing materials by reason of 
infringement of: (1) Certain claims of U.S. Patent Nos. 7,210,582 
(``the '582 patent''), 7,810,649 (``the '649 patent''), and (``the '735 
patent'');; and (2) U.S. Trademark Registration Nos. 2,151,736 and 
2,744,891. Id. The Commission's notice of investigation named six 
respondents, including Anping Shengjia Hardware Mesh Co., Ltd. (``SJ 
Screen'') and Hebei Hengying Wire Cloth Co. Ltd (``Hengying Wire 
Cloth'') (collectively the ``Defaulting Respondents''). Id. at 64339-
40. The Office of Unfair Import Investigations (``OUII'') is 
participating in this investigation. Id. at 64340.
    On February 5, 2020, the Commission found SJ Screen and Hengying 
Wire Cloth in default. Order No. 10, unreviewed, Notice, EDIS Doc. ID 
704161 (Mar. 5, 2020). Thereafter, and after the termination of the 
other remaining respondents by consent order, see Order No. 8, 
unreviewed, Notice, EDIS Doc. ID 701736 (Feb. 6, 2020); Order No. 14, 
unreviewed, Notice, EDIS Doc. ID 708798 (Apr. 23, 2020), M-I withdrew 
all of its trademark-based allegations, as well as claims 2-11 of the 
'582 patent; claims 2-7 and 9 of the '649 patent; and claims 2-9, 13, 
16, and 18-19 of the '735 patent from the investigation. See Order No. 
19, unreviewed, Notice, EDIS Doc. ID 720447 (Sept. 24, 2020).
    On August 27, 2020, M-I filed a motion for summary determination 
that the Defaulting Respondents violated section 337 and that M-I 
satisfies the domestic industry requirement of section 337. The motion 
sought issuance of a general exclusion order (``GEO'') and imposition 
of a one hundred percent (100%) bond on accused products imported 
during the Presidential review period. On September 16, 2020, OUII 
filed a response supporting M-I's motion, including the remedial relief 
requested therein.
    On November 19, 2020, the ALJ issued the subject ID granting M-I's 
motion and recommending issuance of a GEO and imposition of a bond in 
the amount of 100 percent of the entered value of infringing products. 
Specifically, the ID found that (1) the Commission has jurisdiction 
over the products, the parties, and the investigation; (2) the 
importation requirement is satisfied; (3) M-I has standing to bring 
this investigation; (4) all of the remaining asserted claims are 
infringed by one or more of the Defaulting Respondents' products; and 
(5) M-I has satisfied the domestic industry requirement of section 337. 
Additionally, the ALJ recommended that the Commission issue a GEO and 
impose a bond in the amount of one hundred percent (100%) of the 
entered value of infringing articles imported during the period of 
Presidential review.
    The Commission has determined to review the ID's finding that M-I's 
investments in plant and equipment and M-I's employment of labor and 
capital are significant under section 337(a)(3)(A) and (B). The 
Commission has determined not to review the remainder of the ID.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving

[[Page 1524]]

other types of entry either are adversely affecting it or likely to do 
so. For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
would have on: (1) The public health and welfare, (2) competitive 
conditions in the U.S. economy, (3) U.S. production of articles that 
are like or directly competitive with those that are subject to 
investigation, and (4) U.S. consumers. The Commission is therefore 
interested in receiving written submissions that address the 
aforementioned public interest factors in the context of this 
investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    In its initial submission, Complainant is also requested to 
identify the remedy sought and Complainant and OUII are requested to 
submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to state the dates that the Asserted 
Patents expire, the HTSUS subheadings under which the accused products 
are imported, and to supply the identification information for all 
known importers of the products at issue in this investigation. The 
initial written submissions and proposed remedial orders must be filed 
no later than close of business on January 19, 2021. Reply submissions 
must be filed no later than the close of business on January 26, 2021. 
No further submissions on these issues will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1184) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary, (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this investigation may be disclosed to and used: (i) By the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    The Commission vote for this determination took place on January 4, 
2021.
    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: January 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-00086 Filed 1-7-21; 8:45 am]
BILLING CODE 7020-02-P