[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Page 19128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06868]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1210]


Certain Wrapping Material and Methods for Use in Agricultural 
Applications Notice of Commission Determination To Grant a Joint Motion 
To Terminate the Investigation on the Basis of a Settlement Agreement 
and Motion To Stay the Deadlines; 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 (``Commission'') has determined to grant a joint motion to 
terminate this investigation based on a settlement agreement and a 
motion to stay the deadlines in this investigation.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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: On August 11, 2020, the Commission 
instituted this investigation based on a complaint filed on behalf of 
Tama Group of Israel and Tama USA Inc. of Dubuque, Iowa (together, 
``Tama''). 85 FR 48561-62 (Aug. 11, 2020). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain wrapping material and methods for use in 
agricultural applications by reason of infringement of one or more of 
claims 1, 2, 4-16, 18, 28, 32, 33, and 35-45 of U.S. Patent No. 
6,787,209 (``the '209 patent''). Id. The Commission's notice of 
investigation named as respondents Zhejiang Yajia Cotton Picker Parts 
Co., Ltd. of Zhuji City, China (``Yajia Cotton''); Southern Marketing 
Affiliates, Inc. of Jonesboro, Arkansas (``SMA''); Hai'an Xin Fu Yuan 
of Agricultural, Science, and Technology Co., Ltd. of Nantong, China 
(``XFY''); and Gosun Business Development Co. Ltd. of Grande Prairie, 
Canada (``Gosun''). Id. at 48561. The Office of Unfair Import 
Investigations is not participating in this investigation. Id.
    The Commission previously terminated this investigation with 
respect to Gosun. Order No. 6, unreviewed by Notice (Oct. 5, 2020).
    Based on Tama's motion, the Commission later amended the complaint 
and notice of investigation to add Zhejiang Yajia Packaging Materials 
Co., Ltd. (``Yajia Packaging'') as a respondent. Order No. 8, 
unreviewed by Notice (Oct. 27, 2020); 85 FR 68,916 (Oct. 30, 2020). 
Yajia Cotton and Yajia Packaging are collectively referred to herein as 
``Yajia.'' Yajia, SMA, and XFY are collectively referred to herein as 
``Respondents.''
    On November 16, 2020, XFY was found in default pursuant to 
Commission Rule 210.16 (19 CFR 210.16). Order No. 11, unreviewed by 
Notice (Nov. 30, 2020).
    On December 10, 2021, the ALJ issued the final ID, which found that 
Respondents did not violate section 337.
    On December 27, 2021, Yajia and SMA filed a joint petition for 
review, and Tama also filed a petition for review. On January 4, 2022, 
Yajia and SMA filed a joint response to Tama's petition for review, and 
Tama filed a response to Yajia and SMA's joint petition for review.
    The Commission received no public interest comments from the public 
in response to the Commission's Federal Register notice seeking comment 
on the public interest. 86 FR 71664-65 (Dec. 17, 2021). Tama, Yajia, 
and SMA did not submit any public interest comments pursuant to 
Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)).
    On, March 9, 2022, the Commission determined to review the 
following findings and conclusions of the final ID:
    (1) The final ID's findings that Yajia and SMA do not infringe 
claims 32, 33, 35-38, and 41-44 directly or indirectly; and
    (2) the final ID's finding that the economic prong of the domestic 
industry requirement has not been satisfied.
    On March 17, 2022, Tama and Respondents filed a joint motion to 
terminate the investigation based on a settlement agreement and a 
motion to stay the deadlines (the ``Motion''). The Motion includes the 
settlement agreement.
    The Commission has determined that the Motion complies with the 
requirements of section 210.21(b)(1) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no 
extraordinary circumstances that would prevent the requested 
termination. The Commission also finds that granting the Motion would 
not be contrary to the public interest pursuant to section 210.50(b)(2) 
of the Commission's Rules of Practice and Procedure (19 CFR 
210.50(b)(2)). Accordingly, the Commission hereby grants the Motion. 
The Commission takes no position as to the issues that remain under 
review.
    This investigation is terminated.
    The Commission vote for this determination took place on March 28, 
2022.
    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 28, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-06868 Filed 3-31-22; 8:45 am]
BILLING CODE 7020-02-P