Notice2021-22813
Certain Foodservice Equipment and Components Thereof; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation
Primary source
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Published
October 20, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to affirm in part and take no position in part with respect to the final initial determination's (``final ID'') finding that no violation of section 337 has occurred. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 200 (Wednesday, October 20, 2021)</title>
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58097-58098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22813]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1166]
Certain Foodservice Equipment and Components Thereof; Notice of
Commission Determination Finding No Violation of Section 337;
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 affirm in part and take
no position in part with respect to the final initial determination's
(``final ID'') finding that no violation of section 337 has occurred.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Ron Traud, 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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#0f4a4b465c3c476a637f4f7a7c667b6c21686079"><span class="__cf_email__" data-cfemail="91d4d5d8c2a2d9f4fde1d1e4e2f8e5f2bff6fee7">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 July 3, 2019, based on a complaint filed on behalf of Illinois Tool
Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong;
Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral
Craft Equipment Corp. of Westbury, New York (collectively,
``Complainants''). 84 FR 31911 (Jul. 3, 2019). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based upon the importation of
articles into the United States, or in the sale of such articles by the
owner, importer, or consignee of certain foodservice equipment and
components thereof by reason of misappropriation of trade secrets and
unfair competition through tortious interference with contractual
relationships, the threat or effect of which is to destroy or
substantially injure a domestic industry. Id. at 31911-12. The notice
of investigation named as respondents Guangzhou Rebenet Catering
Equipment Manufacturing Co., Ltd.; Zhou Hao; Aceplus International
Limited (aka Ace Plus International Ltd.); Guangzhou Liangsheng Trading
Co., Ltd.; and Zeng Zhaoliang, all of China. Id. at 31912. The Office
of Unfair Import Investigations (``OUII'') was also named as a party in
this investigation. Id.
On July 9, 2020, Order No. 52 granted a motion for summary
determination of no substantial injury to a domestic industry. The
Commission determined to review Order No. 52, and on December 14, 2020,
reversed the grant of summary determination.
On June 4, 2021, the Chief Administrative Law Judge (``CALJ'')
issued the final ID, which found that Respondents did not violate
section 337, primarily based on Complainants' failure to establish a
domestic industry. The final ID found that the Commission has in rem
jurisdiction over the accused products, subject matter jurisdiction,
and personal jurisdiction. ID at 99. The final ID also found that
Respondents imported and sold the accused products in the United
States. Id. The final ID further found that Respondents have
misappropriated certain of Complainants' trade secrets in the
manufacture of certain accused products, but that Complainants have not
shown that Respondents tortiously interfered with contractual
relationships. Id. The final ID additionally found that Complainants
have not shown that the importation and sale of accused products has
the threat or effect of destroying or substantially injuring a domestic
industry.
[[Page 58098]]
The RD issued on June 10, 2021. The RD recommended that, if the
Commission finds a violation of section 337, the Commission should
issue a limited exclusion order having various durations for each of
the various categories of accused products. RD at 10. The durations of
the recommended exclusion orders range from 1-17 months from issuance.
Id. at 10-11. The RD further recommended that a cease and desist order
would not be necessary. Id. at 12. The RD additionally recommended that
a bond of 1% of entered value be imposed during the period of
Presidential review. The public interest was not delegated to the CALJ.
On June 21, 2021, Complainants, Respondents, and OUII filed
petitions for review. On June 29, 2021, the parties filed responses to
the petitions.
On August 4, 2021, the Commission determined to review in part the
final ID and requested briefing from the parties on the issues under
review. 86 FR 44054 (Aug. 11, 2021). In particular, the Commission
determined to review the following: (1) The final ID's findings and
conclusions as to the existence of a domestic industry and injury to a
domestic industry; and (2) the final ID's findings and conclusions
regarding the wrongful taking and use of the Bills of Materials Trade
Secrets and the Custom Components and Mold Trade Secrets. Id. at 44054-
55. The Commission also sought briefing from the parties, interested
government agencies, and any other interested parties on remedy, public
interest, and bonding. Id. at 44055.
On August 19, 2021, the parties filed their written submissions on
the issues under review and on remedy, public interest, and bonding,
and on August 26, 2021, the parties filed their reply submissions.
Having examined the record of this investigation, including the
final ID, the petitions for review, the responses thereto, and the
written submissions received in response to the Commission's request
for briefing, the Commission finds that no violation of section 337 has
occurred. More specifically, as explained in the accompanying opinion,
the Commission affirms with modifications the final ID's conclusion
that Complainants did not satisfy the domestic industry requirement,
and takes no position as to the trade secrets issues under review. The
Commission therefore finds that the Complainants did not establish that
an industry in the United States exists as required by section
337(a)(1)(A)(i) and thus did not establish a substantial injury to a
domestic industry. The investigation is hereby terminated.
The Commission vote for this determination took place on October
14, 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: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-22813 Filed 10-19-21; 8:45 am]
BILLING CODE 7020-02-P
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