[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Page 10335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03409]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1217]


Enforcement Proceeding; Certain Blowers and Components Thereof; 
Notice of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the Consent Order issued on November 12, 2020, in the above-referenced 
investigation.

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 the original 
investigation on September 8, 2020, based on a complaint filed by Regal 
Beloit America, Inc (``Regal'') of Beloit, Wisconsin. 85 FR 55491-92 
(Sep. 8, 2020). The 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, or the sale within the 
United States after importation of certain blowers and components 
thereof by reason of infringement of one or more of claims 1, 2, 7-10, 
and 15 of U.S. Patent No. 8,079,834 (``the '834 patent''). Id. at 
55492. The Commission's notice of investigation named as respondents 
East West Manufacturing, LLC of Atlanta, Georgia, and East West 
Industries of Binh Duong, Vietnam (collectively, ``Respondents''). Id. 
at 55492. The Office of Unfair Import Investigations (``OUII'') did not 
participate as a party in the original investigation. Id.
    On October 14, 2020, Respondents filed a motion to terminate the 
investigation with respect to themselves based upon a consent order 
stipulation. The motion included a consent order stipulation and a 
proposed consent order.
    On October 22, 2020, the presiding administrative law judge 
(``ALJ'') issued an initial determination (``ID'') granting the motion 
and terminating the investigation with respect to Respondents based on 
the entry of a consent order. Order No. 6 at 3 (Oct. 22, 2020). 
Thereafter, the Commission determined not to review the ID and issued a 
Consent Order. 85 FR 73511 (Nov. 18, 2020). Respondents were therefore 
terminated from the original investigation and the investigation was 
terminated in its entirety. Id.
    On January 15, 2021, Regal filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate the alleged violation of the Consent Order 
by Respondents.
    Having examined the enforcement complaint and the supporting 
documents, the Commission has determined to institute a formal 
enforcement proceeding, pursuant to 19 CFR 210.75(a), to determine 
whether a violation of the Consent Order, issued on November 12, 2020, 
in the original investigation has occurred and to determine what, if 
any, enforcement measures are appropriate. The named respondents are 
East West Manufacturing, LLC of Atlanta, Georgia, and East West 
Industries of Binh Duong, Vietnam. OUII is also named as a party.
    The Commission vote for this determination took place on February 
16, 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 p10.

    By order of the Commission.

    Issued: February 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-03409 Filed 2-18-21; 8:45 am]
BILLING CODE 7020-02-P