Notice2022-21630
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
Primary source
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Published
October 5, 2022
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 192 (Wednesday, October 5, 2022)</title>
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[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60414-60415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#aaefeee3f999e2cfc6daeadfd9c3dec984cdc5dc"><span class="__cf_email__" data-cfemail="4401000d17770c2128340431372d30276a232b32">[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 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, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). 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
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