[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36877-36878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13164]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1161]
Certain Food Processing Equipment and Packaging Materials
Thereof; Issuance of a General Exclusion Order; 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 issued a general exclusion order (``GEO'') prohibiting
the unlicensed entry of certain food processing equipment and packaging
materials thereof that are falsely advertised through the unlicensed
use of one or more certification marks of U.S. Trademark Registration
No. 1,976,117; U.S. Trademark Registration No. 5,189,919; or U.S.
Trademark Registration No. 5,554,628 (collectively, ``the Certification
Marks''). The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 205-2737. 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
EDIS3Help@usitc.gov. 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 June 18, 2019, based on a complaint filed by 3-A Sanitary Standards,
Inc. of McLean, Virginia (``3-A SSI''). 84 FR 28335 (June 18, 2019).
The complaint, as supplemented, alleges violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation or sale of certain food processing equipment and packaging
materials thereof by reason of false advertising and unfair
competition, the threat or effect of which is to destroy or
substantially injure an industry in the United States. The notice of
investigation named as respondents Wenzhou QiMing Stainless Co., Ltd.
of Wenzhou, China (``Wenzhou QiMing''); High MPa Valve Manufacturing
Co., Ltd. of Wenzhou, China (``High MPa Valve''); Wenzhou Sinco Steel
Co, Ltd. of Wenzhou, China (``Wenzhou Sinco''); Wenzhou Kasin Valve
Pipe Fitting Co., Ltd. of Wenzhou, China (``Wenzhou Kasin''); and
Wenzhou Fuchuang Machinery (``Wenzhou Fuchuang'') (collectively,
``defaulting respondents''). Id. The Office of Unfair Import
Investigations (``OUII'') was also named as a party to the
investigation. Id.
On October 15, 2019, the Commission found respondents Wenzhou
QiMing, High MPa Valve, Wenzhou Sinco, and Wenzhou Kasin in default.
Order No. 8 (Sept. 19, 2019), unreviewed, Notice (Oct. 15, 2019). On
December 19, 2019, the Commission found Wenzhou Fuchuang in default.
Order No. 13 (Nov. 19, 2019), unreviewed, Notice (Dec. 18, 2019).
On November 7, 2019, 3-A SSI moved for summary determination of
violation of section 337 by the defaulting respondents. On November 20,
2019, and December 3, 2019, 3-A SSI supplemented its motion and
exhibits. On December 13, 2019, OUII filed a response supporting 3-A
SSI's motion.
On February 18, 2020, the presiding administrative law judge issued
Order No. 14, an initial determination (``ID'') granting 3-A SSI's
motion for summary determination of a violation of section 337 by the
defaulting respondents. No party petitioned for review of the ID.
On April 3, 2020, the Commission determined not to review the ID.
85 FR 19955-56 (Apr. 9, 2020). The
[[Page 36878]]
Commission's determination resulted in finding a violation of section
337 as to the defaulting respondents. The Commission also requested
written submissions on remedy, the public interest, and bonding. See
id. On April 14, 2020, 3-A SSI and OUII submitted their briefs on
remedy, the public interest, and bonding. OUII further filed a response
brief on April 21, 2020.
The Commission finds that the statutory requirements for relief
under section 337(g)(2), 19 U.S.C. 1337(g)(2), are met. In addition,
the Commission finds that the public interest factors enumerated in
section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of
the statutory relief.
The Commission has determined that the appropriate remedy in this
investigation is a GEO prohibiting the unlicensed entry of certain food
processing equipment and packaging materials thereof that are falsely
advertised through the unlicensed use of one or more of the
Certification Marks. The Commission has also determined that the bond
during the period of Presidential review pursuant to 19 U.S.C. 1337(j)
shall be in the amount of 100 percent of the entered value of the
imported articles that are subject to the GEO. The Commission's order
was delivered to the President and to the United States Trade
Representative on the day of its issuance. The investigation is hereby
terminated in its entirety.
The Commission vote for this determination took place on June 15,
2020.
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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: June 15, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-13164 Filed 6-17-20; 8:45 am]
BILLING CODE 7020-02-P