Certain Reclosable Plastic Bags and Tubing; Notice of Commission Decision To Institute a Rescission Proceeding and To Rescind the General Exclusion Order; Termination of the Rescission Proceeding

CourtInternational Trade Commission
Citation86 FR 60914
Published date04 November 2021
Record Number2021-24038
60914
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
State is meeting the requirements of the
Act and approved State regulatory
program.
Title of Collection: State Regulatory
Authority: Inspection and Enforcement.
OMB Control Number: 1029–0051.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: State
governments.
Total Estimated Number of Annual
Respondents: 24.
Total Estimated Number of Annual
Responses: 54,515.
Estimated Completion Time per
Response: Varies from 1.5 hours to 10
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 441,795.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: One time.
Total Estimated Annual Nonhour
Burden Cost: $625.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Mark J. Gehlhar,
Information Collection Clearance Officer,
Division of Regulatory Support.
[FR Doc. 2021–24112 Filed 11–3–21; 8:45 am]
BILLING CODE 4310–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–266 (Rescission)]
Certain Reclosable Plastic Bags and
Tubing; Notice of Commission
Decision To Institute a Rescission
Proceeding and To Rescind the
General Exclusion Order; Termination
of the Rescission Proceeding
AGENCY
: U.S. International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
a rescission proceeding and to rescind
the general exclusion order issued in the
underlying investigation. The rescission
proceeding is terminated.
FOR FURTHER INFORMATION CONTACT
:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.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
: On April
29, 1987, the Commission instituted this
investigation under section 337 of the
Tariff Act, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed by
Minigrip, Inc. of Orangeburg, New York
(‘‘Complainant’’). See 52 FR 15568–01,
1987 WL 133865 (Apr. 29, 1987). The
complaint, as supplemented, alleges
unfair methods of competition and
unfair acts in the importation into and
sale in the United States of certain
reclosable plastic bags and tubing (1)
manufactured abroad by a process
which, if practiced in the United States,
would infringe claims 1–5 of the U.S.
Patent 3,945,872 (‘‘the ’872 Patent’’);
and (2) bearing a color line mark
allegedly infringing U.S. Trademark
Registration No. 946,120 (‘‘the ’120
Trademark’’). See id. The notice of
investigation names twenty (20)
respondents, including: C.A.G.
Enterprise Pte, Ltd. of Singapore; Chang
Won Chemical Co., Ltd. of Seoul,
Republic of Korea; Chung Kong
Industrial Co., Ltd. of Hong Kong;
Euroweld Distributing of Hazlet, New
Jersey; Gideons Plastic Industrial Co.,
Ltd. of Tou Liu, Taiwan; Hogn Ter
Product Co., Ltd. of Taipei, Taiwan;
Ideal Plastic Industrial Co., Ltd. of
Taipei, Taiwan; Insertion Advertising
Corp. of New York, New York; Ka Shing
Corp. of Mount Vernon, New York;
Kwant II of Seoul, Republic of Korea;
Lim Tai Chin Pahathet Co. Ltd. of
Bangkok, Thailand; Lein Bin Plastics
Co., Ltd. of Taipei, Taiwan; Meditech
International Co. of Denver, Colorado;
Nina Plastic Bags, Inc. of Orlando,
Florida; Polycraft Corporation of
Pomona, California; Rol-Pak Sdn Bhd,
Chin Thye Sdn Bhd of Kuala Lumpur,
Malaysia; Siam Import-Export Ltd. of
Bangkok, Thailand; Ta Sen Plastic
Industrial Co., Ltd. of Taipei, Taiwan;
Tech Keung Manufacturing Ltd. of Hong
Kong; and Tracon Industries Corp. of
Melville, New York. See id. The Office
of Unfair Import Investigations is also a
party to the investigation. See id.
On October 8, 1987, the presiding
administrative law judge (‘‘ALJ’’) issued
an initial determination granting
Complainant’s motion to amend the
complaint and notice of investigation to
add Keron Industrial Co., Ltd. and
Daewang International Corp. as
respondents. See Order No. 28 (Oct. 8,
1987), unreviewed by, Comm’n Notice
(Oct. 29, 1987).
The Commission terminated eight (8)
respondents based on settlement,
namely, Meditech, Polycraft, Chung
Kong, Euroweld, Daewang, Keron,
Gideons, and Lien Bin. See Order No. 49
(Nov. 25, 1987), unreviewed by, Comm’n
Notice (Dec. 29, 1987). The Commission
also found all but two (2) respondents
(Chang Won and Kwang ll) in default,
namely, Hogn Ter, Insertion, Ka Shing,
Nina Plastic, Siam Import, Ta Sen, Teck
Keung, Tracon, C.A.G., Lim Tai, Rol-
Pak, and Ideal. See Order No. 44 (Nov.
19, 1987), unreviewed by, Comm’n
Notice (Dec. 21, 1987); Order No. 56
(Dec. 9, 1987), unreviewed by, Comm’n
Notice (Jan. 14, 1988); Order No. 59
(Dec. 24, 1987), unreviewed by, Comm’n
Notice (Jan. 25, 1988).
On January 29, 1988, the ALJ issued
his final ID finding a violation of section
337. On March 16, 1988, the
Commission determined not to review
of the ID. See 53 FR 9495, 1988 WL
264423 (March 23, 1988). On April 29,
1988, the Commission issued a general
exclusion order prohibiting the entry
into the United States, except under
license, of (1) reclosable plastic bags and
tubing manufactured according to a
process which, if practiced in the
United States, would infringe claims 1,
3, 4, or 5 of the ‘872 Patent; and (2)
reclosable plastic bags and tubing which
infringe the ‘120 Trademark. See Notice
of Issuance of Exclusion Order, 0089
WL 1685278, *1 (Apr. 29, 1988). The
Commission did not issue cease and
desist orders. See id. at *4.
The ’872 Patent expired on March 23,
1993, 17 years after its issuance. The
’120 Trademark was cancelled on March
28, 2020.
In view of the expiration of the ’872
Patent and the cancellation of the ’120
Trademark, and pursuant to the
Commission’s authority under section
337(k)(1), 19 U.S.C. 1337(k)(1), the
Commission has determined to institute
a rescission proceeding and to rescind
the general exclusion order issued in the
underlying investigation. The rescission
proceeding is terminated.
The Commission’s vote on this
determination took place on October 29,
2021.
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60915
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
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: October 29, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–24038 Filed 11–3–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1285]
Certain Barcode Scanners, Mobile
Computers With Barcode Scanning
Capabilities, Scan Engines, and
Components Thereof; Institution of
Investigation
AGENCY
: U.S. International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
September 29, 2021, under section 337
of the Tariff Act of 1930, as amended,
on behalf of Honeywell International
Inc. of Charlotte, North Carolina; Hand
Held Products, Inc. of Charlotte, North
Carolina; and Metrologic Instruments,
Inc. of Charlotte, North Carolina. The
complaint 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 barcode
scanners, mobile computers with
barcode scanning capabilities, scan
engines, and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,568,628 (‘‘the ’628
patent’’); 7,770,799 (‘‘the ’799 patent’’);
8,794,520 (‘‘the ’520 patent’’); 9,576,169
(‘‘the ’169 patent’’); and 10,721,429
(‘‘the ’429 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
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 https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. 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
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
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT
:
Katherine Hiner, Office of Docket
Services, U.S. International Trade
Commission, telephone (202) 205–1802.
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 (2021).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 29, 2021, 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
1–5, 9, 11, 13–15, 17–22, 24, 26, 27, 30,
32, 34–39, and 42–46 of the ’628 patent;
claims 9–12 and 14–20 of the ’799
patent; claims 1–27 of the ’520 patent;
claims 1–3, 5–7, 9–12, 14, 16, and 18 of
the ’169 patent; and claims 1, 2, 4–11,
13–18, 20–25, and 27–30 of the ’429
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 ‘‘barcode scan engines
and scanners (such as handheld and
stationary scanners), mobile computers
with barcode scanning capabilities
(such as handheld, tablet, and wearable
computers), and components thereof
(such as circuit boards with barcode
scanning capabilities)’’;
(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 complainant is:
Honeywell International Inc., 855 S
Mint Street, Charlotte, NC 28202
Hand Held Products, Inc., 855 S Mint
Street, Charlotte, NC 28202
Metrologic Instruments, Inc., 855 S Mint
Street, Charlotte, NC 28202
(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:
Zebra Technologies Corporation, 3
Overlook Point, Lincolnshire, IL
60069
Symbol Technologies, Inc., 1 Zebra
Plaza, Holtsville, NY 11742
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party to this investigation.
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 complainant 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: October 29, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–24037 Filed 11–3–21; 8:45 am]
BILLING CODE 7020–02–P
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