Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials; Institution of Investigation
| Published date | 21 November 2019 |
| Citation | 84 FR 64339 |
| Record Number | 2019-25277 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 84 Issue 225 (Thursday, November 21, 2019)
[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64339-64340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25277]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1184]
Certain Shaker Screens for Drilling Fluids, Components Thereof,
and Related Marketing Materials; 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 October 18, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of M-I L.L.C. of
Houston, Texas. An amended complaint was filed on November 7, 2019. The
amended 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 shaker
screens for drilling fluids, components thereof, and related market
materials by reason of infringement of: (1) Certain claims of U.S.
Patent No. 7,210,582 (``the '582 patent''); U.S. Patent No. 7,810,649
(``the '649 patent''); and U.S. Patent No. 8,925,735 (``the '735
patent''); and (2) U.S. Trademark Registration No. 2,151,736 (``the
'736 trademark'') and U.S. Trademark Registration No. 2,744,891 (``the
'891 trademark''). The amended 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, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is available for inspection during
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade Commission, 500 E Street SW, Room
112, Washington, DC 20436, telephone (202) 205-2000. 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.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov.
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 (2019).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on November 15, 2019, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) 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 1-12 of the '582 patent; claims 1-7 and 9 of
the '649 patent; and claims 1-9, 12, 13, and 16-19 of the '735 patent;
and whether an industry in the United States exists as required by
subsection (a)(2) of section 337; and
(b) whether there is a violation of subsection (a)(1)(C) 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 the '736 trademark and the '891 trademark, 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 ``sifting screens
(commonly referred to as `shaker screens') that are fitted into
drilling mud shakers (also referred to as `shale shakers') to separate
solids from liquid drilling muds brought up from down-hole when
drilling for oil and gas, components thereof including the rigid frame
over which the wire mesh sieving screen may be fitted, and related
marketing materials'';
(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: M-I L.L.C., 5950 N. Course Drive, Houston,
TX 77072.
(b) The respondents are the following entities alleged to be in
violation of section 337, and is/are the parties upon
[[Page 64340]]
which the amended complaint is to be served:
Hebei GN Solids Control Co., Ltd., No. 3 Industry Road, Dachang Chaobai
River Development Area, Langfang, China 065300
GN Solids America LLC, 6710 Windfern Road, Houston, TX 77040
Anping Shengjia Hardware Mesh Co., Ltd., Huangcheng Industrial Zone,
Anping County, Hengshui City, China 053600
Hebei Hengying Wire Cloth Co., Ltd., No. 17 Jing Wu Road, High and New
Tech Development Zone, Anping County, Hebei Province, China 053600
Xi'an Brightway Energy Equipment Co., Ltd., Jinye Road, City Gate Block
D, 12th Floor, Suite 1206, Xi'an City, High Tech Development Zone,
China 710065
Brightway Solids Control Co., Ltd., 5855 Sovereign Drive, Suite A,
Houston, TX 77036
(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 amended 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), such responses will
be considered by the Commission if received not later than 20 days
after the date of service by the Commission of the amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: November 18, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-25277 Filed 11-20-19; 8:45 am]
BILLING CODE 7020-02-P
