Notice2025-01740
Certain Composite Intermediate Bulk Containers; Institution of Investigation
Primary source
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Published
January 27, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sch[uuml]tz Container Systems, Inc. of North Branch, New Jersey and Protechna S.A. of Fribourg, Switzerland. The complaint was supplemented on December 20, 2024. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain composite intermediate bulk containers by reason of the infringement of certain claims of U.S. Patent No. 9,718,581 ("the '581 patent"); U.S. Patent No. 8,708,150 ("the '150 patent"); U.S. Patent No. 8,919,562 ("the '562 patent"); U.S. Patent No. 8,567,626 ("the '626 patent"); U.S. Patent No. 9,004,310 ("the '310 patent"); and U.S. Patent No. 8,276,299 ("the'299 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 90 Issue 16 (Monday, January 27, 2025)</title>
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[Federal Register Volume 90, Number 16 (Monday, January 27, 2025)]
[Notices]
[Pages 8222-8223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01740]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1434]
Certain Composite Intermediate Bulk Containers; Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 5, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Sch[uuml]tz
Container Systems, Inc. of North Branch, New Jersey and Protechna S.A.
of Fribourg, Switzerland. The complaint was supplemented on December
20, 2024. The complaint, as supplemented, alleges violations of section
337 based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain composite intermediate bulk containers by reason of the
infringement of certain claims of U.S. Patent No. 9,718,581 (``the '581
patent''); U.S. Patent No. 8,708,150 (``the '150 patent''); U.S. Patent
No. 8,919,562 (``the '562 patent''); U.S. Patent No. 8,567,626 (``the
'626 patent''); U.S. Patent No. 9,004,310 (``the '310 patent''); and
U.S. Patent No. 8,276,299 (``the'299 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a general exclusion order, in the alternative a limited exclusion
order, and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#ca8f8e8399f982afa6ba8abfb9a3bea9e4ada5bc"><span class="__cf_email__" data-cfemail="bffafbf6ec8cf7dad3cfffcaccd6cbdc91d8d0c9">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access
[[Page 8223]]
to the Commission should contact the Office of the Secretary at (202)
205-2000. 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>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 21, 2025 ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-3 and 5 of the '581 patent; claims 1, 2, 6, and 8-10 of the
'562 patent; claims 1 and 3-5 of the '299 patent; claims 1-5 of the
'150 patent; claims 1-3 of the '626 patent; and claims 1-5 and 8 of the
'310 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``composite
intermediate bulk containers'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Sch[uuml]tz Container Systems, Inc., 200 Aspen Hill Rd., North Branch,
NJ 08876-5950
Protechna S.A., Avenue De La Gare 14, CH-1701 Fribourg, Switzerland
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Shandong Jinshan Jieyuan Container Co., Ltd., 69 Hengyuan Road, Dantu
Industrial Park, Zhengjiang City, Jiangsu Province, China, 212000
Zibo Jielin Plastic Pipe Manufacture Co. Ltd., No. 6, Qingtian Road,
Qilu Chemical Industrial Park, Zibo City, Shandong Province, China,
255410
Shanghai Sakura Plastic Products Co., Ltd., (d/b/a Shanghai Yinghua
Plastic Products Co., LTD), No. 1353, Maixin Highway, Xinqiao Town,
Songjiang District, Shanghai, China, 201600
Hebei Shijiheng Plastics, Co., Ltd., No. 5 Torch Avenue, Sino-Europe
Industrial Park of Hebei, Province, Zhongjie Huanghua City, China,
061100
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: January 21, 2025.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2025-01740 Filed 1-24-25; 8:45 am]
BILLING CODE 7020-02-P
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