[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60414-60415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21630]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1311]


In the Matter of Certain Centrifuge Utility Platform and Falling 
Film Evaporator Systems and Components Thereof; 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 all respondents named in this 
investigation have been terminated or found in default. The Commission 
is now requesting written submissions on remedy, the public interest, 
and bonding concerning the respondents found to be in default.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., 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 May 4, 2022. 87 FR 26372 (May 4, 2022). The complaint, as 
supplemented, 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 centrifuge utility platform and falling 
film evaporator systems and components thereof by reason of 
infringement of claims 1, 10, and 14 of U.S. Patent No. 10,814,338; 
claims 1, 10, and 18 of U.S. Patent No. 11,014,098; and claims 1, 9, 
and 19 of U.S. Patent No. 10,899,728. Id. The complaint further alleged 
that a domestic industry exists. Id. The Commission's notice of 
investigation named fifteen respondents, including Ambiopharm, Inc. of 
Beech Island, SC (``Ambiopharm''); RI Hemp Farms, LLC of West 
Greenwich, RI (``RI Hemp Farms''); Henan Lanphan Industry Co., Ltd. of 
Zhengzhou, China (``Henan Lanphan''); Toption Instrument Co., Ltd. of 
Xi'an, China (``Toption''); Ezhydro of Sacramento, CA; Shanghai 
Yuanhuai Industries Co., Ltd. of Shanghai City, China (``Shanghai 
Yuanhuai''); and Zhangjiagang Chunk d/b/a Charme Trading Corp. of 
Suzhou Shi, China (``Charme'') (collectively, ``defaulting 
respondents''). Id. at 26373. The Office of Unfair Import 
Investigations (``OUII'') is also participating in the investigation. 
Id.
    On August 4, 2022, the Commission determined not to review an 
initial determination (Order No. 15) finding Ambiopharm and RI Hemp 
Farms in default. Order No. 15 (July 7, 2022), unreviewed by Comm'n 
Notice (Aug. 4, 2022). On August 5, 2022, the Commission determined not 
to review an initial determination (Order No. 21) finding Henan Lanphan 
and Toption in default. Order No. 21 (July 19, 2022), unreviewed by 
Comm'n Notice (Aug. 5, 2022). Also on August 5, 2022, the Commission 
determined not to review an initial determination (Order No. 22) 
finding Ezhydro in default. Order No. 22 (July 20, 2022), unreviewed by 
Comm'n Notice (Aug. 5, 2022). On August 29, 2022, the Commission 
determined not to review an initial determination (Order No. 26) 
finding Shanghai Yuanhuai and Charme in default. Order No. 26 (July 29, 
2022), unreviewed by Comm'n Notice (Aug. 29, 2022). All other 
respondents named in the notice of investigation have been terminated 
from the investigation. On August 31, 2022, complainant Apeks, LLC 
(``Apeks'') filed a ``Written Submission on Remedy, the Public Interest 
and Bonding.'' On September 20, 2022, Apeks filed a motion to terminate 
the investigation as to defaulting respondent Toption based on 
settlement. Apeks filed a corrected version of that motion thereafter 
on September 23, 2022. On the same day, OUII filed a response 
supporting Apeks' motion to terminate Toption from the investigation. 
Apeks' motion is currently pending before the Commission.

[[Page 60415]]

    Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c) (19 CFR 210.16(c)) direct the Commission, upon request, to 
issue a limited exclusion order or a cease and desist order or both 
against a respondent found in default, based on the allegations 
regarding a violation of section 337 in the Complaint, which are 
presumed to be true, unless after consideration of the public interest 
factors in section 337(g)(1), it finds that such relief should not 
issue. Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered with respect to the Defaulting Respondents, identified above. 
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 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 (December 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 or 
one or more cease and desist orders 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: The Commission has determined not to consider 
Apeks' August 31, 2022, submission on remedy, the public interest, and 
bonding, which was filed before the date of this notice. Apeks may now 
file an initial and a reply submission in response to this notice 
according to the instructions below.
    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.
    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 provide 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 October 14, 2022. Reply submissions must be filed no later than the 
close of business on October 21, 2022. 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-1311) 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 by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the 
Commission and served on any parties to the investigation within two 
business days of 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 September 
29, 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).

    By order of the Commission.

    Issued: September 30, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-21630 Filed 10-4-22; 8:45 am]
BILLING CODE 7020-02-P