Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8033 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. Any submissions and replies 

filed in response to this Notice are 

limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3529’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: January 29, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–02220 Filed 2–2–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1183] 

Certain Foldable Reusable Drinking 

Straws and Components and 

Accessories Thereof; Issuance of a 

General Exclusion Order; Termination 

of the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to issue a 

general exclusion order (‘‘GEO’’) 

prohibiting the unlicensed importation 

of foldable reusable drinking straws and 

components and accessories thereof that 

infringe one or more of claims 1–12 and 

14–17 of U.S. Patent No. 10,123,641 

(‘‘the ’641 patent’’). The investigation is 

terminated in its entirety. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Chen, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone 202– 

205–2392. 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 November 13, 2019, based on a 

complaint filed on behalf of The Final 

Co. LLC (‘‘Final’’ or ‘‘Complainant’’) of 

Santa Fe, New Mexico. 84 FR 61639 

(Nov. 13, 2019). The complaint, as 

amended, alleged violations of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337 (‘‘section 

337’’), in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain foldable reusable 

drinking straws and components and 

accessories thereof by reason of 

infringement of claims 1–12, 14–17, and 

20 of the ’641 patent. Id. The complaint 

further alleged that a domestic industry 

exists. Id. The Commission’s notice of 

investigation named seventeen 

respondents: Huizhou Sinri Technology 

Company Limited of Guangdong, China; 

Hebei Serun Import and Export Trade 

Co., Ltd. of Hebei, China; Dongguan 

Stirling Metal Products Co., Ltd. of 

Guangdong, China; Ningbo Wwpartner 

Plastic Manufacture Co., Ltd. of 

Zhejiang, China; Shenzhen Yuanzhen 

Technology Co., Ltd. of Shenzhen, 

China; Jiangmen Boyan Houseware Co., 

Ltd. of Guangdong, China; Shanghai 

Rbin Industry And Trade Co., Ltd. of 

Shanghai, China; Jiangmen Shengke 

Hardware Products Co., Ltd. of 

Guangdong, China; Funan Anze Trading 

Co., Ltd. of Anhui, China; Hangzhou 

Keteng Trade Co., Ltd. of Zhejiang, 

China; Hunan Jiudi Shiye Import And 

Export Trading Co., Ltd. of Hunan, 

China (‘‘Hunan Jiudi’’); Shenzhen Yaya 

Gifts Co., Ltd. of Guangdong, China; 

Ningbo Weixu International Trade Co., 

Ltd. of Zhejiang, China (‘‘Ningbo 

Weixu’’); Ningbo Beland Commodity 

Co., Ltd. of Zhejiang, China; Xiamen 

One X Piece Imp. & Exp. Co., Ltd. of 

Fujian, China; Hunan Champion Top 


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8034 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

Technology Co., Ltd. of Hunan, China; 

and Yiwu Lizhi Trading Firm of 

Zhejiang, China. Id. at 61639–40. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) is also named as a party in this 

investigation. Id. at 61640. 

The Commission terminated 

respondents Ningbo Weixu and Hunan 

Jiudi from the investigation based on 

Complainant’s partial withdrawal of the 

complaint. See Order No. 7 (Feb. 13, 

2019), unreviewed by Comm’n Notice 

(Mar. 9, 2020). 

On March 16, 2020, the Commission 

found the remaining fifteen respondents 

(collectively, the ‘‘Defaulted 

Respondents’’) in default. Order No. 8 

(Mar. 3, 2020), unreviewed by Comm’n 

Notice (Mar. 16, 2020). 

On April 7, 2020, Complainant filed 

a motion for summary determination of 

a violation of section 337 by the 

Defaulted Respondents. On May 5, 

2020, Complainant filed a motion for 

leave to supplement the motion for 

summary determination, and the ALJ 

granted leave on May 8, 2020. On May 

27, 2020, OUII filed its response in 

support of Complainant’s motion. 

On July 17, 2020, the ALJ issued 

Order No. 13, an ID granting in part the 

motion for summary determination. See 

Order No. 13 (July 17, 2020). The ALJ 

found that Complainant established 

importation of the accused products and 

infringement of claims 1–12 and 14–17 

of the ’641 patent by Defaulted 

Respondents and that Complainant 

satisfied the technical prong of the 

domestic industry requirement. 

However, the ALJ did not grant the 

motion with respect to Complainant’s 

satisfaction of the economic prong of the 

domestic industry requirement or 

infringement of claim 20, so the ALJ did 

not find a violation of section 337 by the 

Defaulted Respondents. The 

Commission determined not to review 

Order No. 13. See Notice (Aug. 18, 

2020). 

Also, on July 17, 2020, the ALJ issued 

Order No. 14, which required the parties 

to choose from several options on how 

to proceed. See Order No. 14, at 1–2 

(July 17, 2020). On July 31, 2020, 

Complainant and OUII filed a joint 

response to Order No. 14. The joint 

response stated that Complainant would 

file a motion to amend the complaint to 

terminate its assertion of claim 20 of the 

’641 patent, and an additional motion 

for summary determination on the 

remaining issues. 

On August 7, 2020, Complainant filed 

a motion for partial summary 

determination regarding the economic 

prong of the domestic industry 

requirement, a remedy in the form of a 

general exclusion order, and a bond 

during the period of Presidential review 

in the amount of one hundred percent 

(100%) of the entered value. On August 

14, 2020, Complainant moved to replace 

Exhibit 11C within its motion for 

summary determination, which was 

granted by the ALJ. See Order No. 16 

(Aug. 20, 2020). On August 24, 2020, 

OUII filed its response in support of 

Complainant’s motion. 

On August 17, 2020, Complainant 

moved to terminate the investigation 

with respect to asserted claim 20 by 

reason of withdrawal of the complaint 

allegations. On August 26, 2020, the ALJ 

granted the motion to withdraw claim 

20. See Order No. 17 (Aug. 26, 2020), 

unreviewed by Comm’n Notice (Sep. 15, 

2020). 

On September 22, 2020, the ALJ 

issued Order No. 18, an ID granting 

Complainant’s motion for partial 

summary determination that a domestic 

industry exists with respect to 

Complainant’s research and 

development investments under section 

337(a)(3)(C) and finding a violation of 

section 337 with respect to claims 1–12 

and 14–17 of the ’641 patent by the 

Defaulted Respondents. The ID also 

denied Complainant’s motion for 

summary determination under section 

337(a)(3)(B). No petitions for review of 

the ID were filed. 

The ALJ concurrently issued a 

Recommended Determination (‘‘RD’’) on 

the issues of remedy and bonding. The 

RD recommended the issuance of a GEO 

and setting the bond during the period 

of Presidential review in the amount of 

one hundred percent (100%) of the 

entered value. The Commission 

solicited comments from the public on 

public interest issues raised by the 

recommended relief. 85 FR 67010 (Oct. 

21, 2020). No submissions were filed in 

response to the Commission Notice. 

On November 5, 2020, the 

Commission determined not to review 

Order No. 18, thereby adopting the ID’s 

finding of a violation of section 337 in 

connection with claims 1–12 and 14–17 

of the ’641 patent. 85 FR 71942–43 

(Nov. 12, 2020). (The Order’s denial of 

summary determination as to section 

337(a)(3)(B) was not an initial 

determination subject to Commission 

review and hence was not adopted by 

the Commission). The Commission also 

requested the parties, interested 

government agencies, and other 

interested parties to file submissions on 

the issues of remedy, the public interest, 

and bonding during the period of 

Presidential review. Id. at 71944. On 

November 19 and November 23, 2020, 

OUII and Complainant, respectively, 

filed submissions on the issues of 

remedy, the public interest, and 

bonding as requested by the 

Commission. See id. at 71943–44. On 

November 30, 2020, OUII and 

Complainant each filed reply 

submissions. No other submissions were 

received in response to the Notice. 

The Commission has determined that 

the appropriate remedy in this 

investigation is a GEO prohibiting the 

unlicensed importation of foldable 

reusable drinking straws and 

components and accessories thereof that 

infringe one or more of claims 1–12 and 

14–17 of the ’641 patent. The foldable 

reusable drinking straws and 

components and accessories thereof that 

are subject to the GEO are as follows: 

individual foldable reusable drinking 

straws and components thereof, cases 

used to store the foldable reusable 

drinking straws, and tools used for 

cleaning the foldable reusable drinking 

straws. The Commission has also 

determined that the public interest 

factors enumerated in section 337(g)(1), 

19 U.S.C. 1337(g)(1), do not preclude 

issuance of the exclusion order. Finally, 

the Commission has determined that the 

bond during the period of Presidential 

review pursuant to 19 U.S.C. 1337(j) 

shall be in the amount of one hundred 

percent (100%) of the entered value of 

the imported articles 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. 

The Commission vote for this 

determination took place on January 28, 

2021. 

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: January 28, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–02195 Filed 2–2–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1014 and 1016 

(Third Review)] 

Polyvinyl Alcohol From China and 

Japan; Cancellation of Hearing for 

Third Full Five-Year Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 


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