[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15699-15700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06016]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1184]


Certain Shaker Screens for Drilling Fluids, Components Thereof, 
and Related Marketing Materials; Notice of a Commission Determination 
of Violation of Section 337; Issuance of a General Exclusion Order; 
Termination of the Investigation

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 that there is a violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The Commission has issued a general exclusion order 
(``GEO'') barring entry of certain shaker screens and components 
thereof that infringe certain claims of three patents asserted in this 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 8,925,735 
(``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 (Mar. 5, 2020). 
Thereafter, and after the termination of the other remaining 
respondents by consent order, see Order No. 8, unreviewed, Notice (Feb. 
6, 2020); Order No. 14, unreviewed, Notice (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 (Sept. 24, 2020). The patent claims 
remaining in the

[[Page 15700]]

investigation are claims 1 and 12 of the '582 patent; claim 1 of the 
'649 patent; and claims 1, 12, and 17 of the '735 patent.
    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.
    On January 4, 2021, the Commission 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). Notice (Jan. 4, 2021). The Commission also sought 
briefing on remedy, bonding, and the public interest. M-I filed a 
submission in response on January 19, 2021 and filed a corrected 
version of that response on January 22, 2021. OUII filed a submission 
in response on January 19, 2021 and filed a reply submission on January 
26, 2021. No submissions were received from the public.
    Having reviewed the written submissions and the evidentiary record, 
the Commission has determined to affirm the ID's finding that M-I 
satisfied the economic prong of the domestic industry requirement on 
the basis that M-I made significant investments in plant and equipment 
and significant employment of labor under section 337(a)(3)(A) & (B), 
19 U.S.C. 1337(a)(3)(A) & (B), but to vacate the ID's value-added 
analysis (ID at 65-66).
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed importation of 
certain shaker screens for drilling fluids and components thereof that 
infringe claims 1 and 12 of the '582 patent; claim 1 of the '649 
patent; and claims 1, 12, and 17 of the '735 patent. The Commission has 
further determined that the public interest factors enumerated in 
section 337(d), 19 U.S.C. 1337(d), do not preclude issuance of the GEO. 
Finally, the Commission has determined that a bond in the amount of one 
hundred (100) percent of the entered value of the imported articles 
that are subject to the GEO is required to permit temporary importation 
of the articles in question during the period of Presidential review, 
19 U.S.C. 1337(j). The investigation is hereby terminated in its 
entirety.
    The Commission's order and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance. The Commission has also notified the Secretary of the 
Treasury and Customs and Border Protection of the order.
    The Commission vote for these determinations took place on March 
18, 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).
    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.

    Issued: March 18, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-06016 Filed 3-23-21; 8:45 am]
BILLING CODE 7020-02-P