[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54591-54593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19338]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1171]
Certain Child Resistant Closures With Slider Devices Having a
User Actuated Insertable Torpedo for Selectively Opening the Closures
and Slider Devices Therefor Commission Final Determination of Violation
of Section 337; Issuance of a General Exclusion Order; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has determined to
affirm, with modified reasoning, an initial determination (``ID'') of
the presiding administrative law judge
[[Page 54592]]
(``ALJ'') granting summary determination on violation of section 337 by
certain defaulting respondents. The Commission has also determined to
issue a general exclusion order (``GEO'') barring entry of certain
child resistant closures with slider devices having a user actuated
insertable torpedo for selectively opening the closures and slider
devices therefor that infringe the asserted claims of the three patents
at issue in this investigation. This investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On August 21, 2019, the Commission
instituted this investigation based on a complaint filed by Reynolds
Presto Products Inc. (``Presto''). 84 FR 43616-17 (Aug. 21, 2019). The
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337) (``section 337'') based on the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain child resistant closures
with slider devices having a user actuated insertable torpedo for
selectively opening the closures and slider devices therefor by reason
of infringement of certain claims of U.S. Patent Nos. 9,505,531 (``the
'531 patent''); 9,554,628; and 10,273,058 (``the '058 patent'')
(collectively, the ``Asserted Patents''). Id. at 43616. The complaint
further alleges that a domestic industry exists. Id. The Commission's
notice of investigation names six respondents: Dalian Takebishi Packing
Industry Co., Ltd. of Dalian, China (``Dalian Takebishi''); Dalian
Altma Industry Co., Ltd. of Dalian, Liaoning, China (``Dalian Altma'')
(collectively, the ``Dalian Respondents''); and Japan Takebishi Co.,
Ltd., of Tokyo, Japan; Takebishi Co., Ltd., of Shiga, Japan; Shanghai
Takebishi Packing Material Co., Ltd., of Shanghai, China; and Qingdao
Takebishi Packing Industry Co., Ltd., of Qingdao, China (collectively,
the ``Unserved Respondents''). Id. at 43616-17. It also names the
Office of Unfair Import Investigations (``OUII'') as a party. Id. at
43617.
On October 7, 2019, the ALJ issued an ID finding the two Dalian
Respondents in default. Order No. 7 (Oct. 30, 2019), unreviewed by
Comm'n Notice (Nov. 26, 2019). On November 19, 2019, the ALJ issued an
ID terminating the investigation in part based on Presto's withdrawal
of the complaint as to the Unserved Respondents, which were never
served with the complaint. Order No. 10 (Nov. 19, 2019), unreviewed by
Comm'n Notice (Dec. 18, 2019). That ID also terminated the
investigation as to (i) claims 6 and 7 of the '531 patent and (ii)
claims 6 and 7 of the '058 patent. Id.
On November 15, 2019, Presto filed a motion for summary
determination that the domestic industry requirement was satisfied and
that a violation had been established. Presto's motion requested
immediate entry of a limited exclusion order (``LEO'') against the
Dalian Respondents, a GEO, and a 100 percent bond. On November 26,
2019, OUII filed a response to the motion supporting the summary
determination motion and the requested GEO and 100 percent bond during
the period of Presidential review.
On April 21, 2020, the ALJ issued an ID granting summary
determination of violation of section 337 by the Dalian Respondents.
The ID also contains the ALJ's recommendation on remedy and bonding, in
which the ALJ recommends issuance of a GEO or, in the alternative, a
LEO directed to the Dalian Respondents, and that a 100 percent bond be
set for importation during the period of Presidential review.
On May 1, 2020, OUII filed a petition seeking review of portions of
the ID's analysis of the economic prong of the domestic industry
requirement. No other party petitioned for review of the ID, and no
party filed a response to OUII's petition.
On June 5, 2020, the Commission determined to review the ID in part
with respect to the ID's analysis of the economic prong of the DI
requirement. 85 FR 35662, 35663 (June 11, 2020). The Commission's
notice also requested written submissions on remedy, the public
interest, and bonding. Id. In particular, the notice requested a
response to certain questions regarding whether Presto seeks cease and
desist orders against the Dalian Respondents. Id. On June 11 and 12,
2020, Presto and OUII, respectively, filed written submissions in
response to the Commission's notice. On June 19, 2020, OUII filed a
reply submission. No other submissions were received.
Having examined the record in this investigation, including the ID
granting summary determination, and the party's submissions, the
Commission has determined to affirm, with modified reasoning, the ID's
findings with respect to the economic prong of the domestic industry
requirement and, thus, the ID's finding of a violation of section 337.
The Commission has also determined that the appropriate remedy in this
investigation is a GEO prohibiting the unlicensed entry of certain
child resistant closures with slider devices having a user actuated
insertable torpedo for selectively opening the closures and slider
devices therefor that infringe certain claims of the three patents
asserted in the investigation, pursuant to section 337(g)(2) (19 U.S.C.
1337(g)(2)). The Commission has further determined that the bond during
the period of Presidential review pursuant to section 337(j) (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 has
also determined that the public interest factors enumerated in
subsection 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude the
issuance of the GEO. The Commission's order was delivered to the
President and to the United States Trade Representative on the day of
its issuance. This investigation is hereby terminated in its entirety.
The Commission vote for these determinations took place on August
27, 2020.
The authority for the Commission's determinations 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.
[[Page 54593]]
Issued: August 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19338 Filed 9-1-20; 8:45 am]
BILLING CODE 7020-02-P