Notice2024-20415
Certain Aerosol Fire Extinguishing Technology, Components Thereof, and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Primary source
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Published
September 10, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 18) granting an unopposed motion to terminate the investigation based on withdrawal of the complaint. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Page 73447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20415]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1395]
Certain Aerosol Fire Extinguishing Technology, Components
Thereof, and Products Containing Same; Notice of a Commission
Determination Not To Review an Initial Determination Granting a Motion
To Terminate the Investigation Based on Withdrawal of the Complaint;
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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 18)
granting an unopposed motion to terminate the investigation based on
withdrawal of the complaint. The investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2392. 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#1a5f5e534929527f766a5a6f69736e79347d756c"><span class="__cf_email__" data-cfemail="bcf9f8f5ef8ff4d9d0ccfcc9cfd5c8df92dbd3ca">[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 April 1, 2024, based on a complaint filed on behalf of Nano Fire LLC
and Defender Safety, LLC, both of Plainview, New York (collectively,
``Complainants''). 89 FR 22454 (Apr. 1, 2024). 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 aerosol fire extinguishing technology,
components thereof, and products containing same by reason of the
infringement of certain claims of U.S. Patent Nos. 8,865,014 and
9,199,108. Id. The complaint further alleged that an industry in the
United States exists as required by the applicable Federal Statute. Id.
The Commission's notice of investigation named as respondents Halma Plc
of the United Kingdom; Halma Holdings LLC of Summit, New Jersey; and
FirePro Systems, Ltd. of Cyprus (collectively, ``FirePro''); and
Hochicki America Corporation of Buena Park, California. Id. at 22455.
The Office of Unfair Import Investigations was also named a party in
this investigation but later withdrew its participation. See id.;
Commission Investigative Staff's Notice of Non-Participation (May 17,
2024).
On July 15, 2024, Complainants filed a motion to terminate the
investigation based on withdrawal of the complaint. No party opposed
the motion although FirePro filed a response asserting that
Complainants wasted administrative resources by not conducting an
adequate pre-filing investigation. See ID at 1-2.
On August 7, 2024, the ALJ issued the subject ID (Order No. 18)
granting Complainants' motion to terminate. The ID found that the
motion complied with Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1),
and Ground Rule 2. ID at 2. The ID also found ``no evidence of
extraordinary circumstances that would weigh against granting the
Motion.'' Id. No petitions for review were filed.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on September
5, 2024.
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 5, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-20415 Filed 9-9-24; 8:45 am]
BILLING CODE 7020-02-P
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