Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 7499 

1A record of the Commissioners’ votes is 

available from the Office of the Secretary and at the 

Commission’s website. 

2The Commission has found the response to its 

notice of institution filed on behalf of Berwick 

Offray LLC and its wholly owned subsidiary Lion 

Ribbon Company, a domestic producer of narrow 

woven ribbons with woven selvedge, to be 

adequate. Comments from other interested parties 

will not be accepted (see 19 CFR 207.62(d)(2)). 

1930 (‘‘the Act’’) to determine whether 

revocation of the countervailing and 

antidumping duty orders on narrow 

woven ribbons with woven selvedge 

from China and Taiwan would be likely 

to lead to continuation or recurrence of 

material injury within a reasonably 

foreseeable time. 

DATES: November 5, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kristina Lara (202–205–3386), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter 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 (https://

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On November 5, 2021, 

the Commission determined that the 

domestic interested party group 

response to its notice of institution (86 

FR 41514, August 2, 2021) of the subject 

five-year reviews was adequate and that 

the respondent interested party group 

response was inadequate. The 

Commission did not find any other 

circumstances that would warrant 

conducting full reviews.1 Accordingly, 

the Commission determined that it 

would conduct expedited reviews 

pursuant to section 751(c)(3) of the 

Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). 

For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

Please note the Secretary’s Office will 

accept only electronic filings at 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. 

Staff report.—A staff report 

containing information concerning the 

subject matter of the reviews has been 

placed in the nonpublic record, and will 

be made available to persons on the 

Administrative Protective Order service 

list for these reviews on February 4, 

2022. A public version will be issued 

thereafter, pursuant to section 

207.62(d)(4) of the Commission’s rules. 

Written submissions.—As provided in 

section 207.62(d) of the Commission’s 

rules, interested parties that are parties 

to the reviews and that have provided 

individually adequate responses to the 

notice of institution,2 and any party 

other than an interested party to the 

reviews may file written comments with 

the Secretary on what determinations 

the Commission should reach in the 

reviews. Comments are due on or before 

February 11, 2022 and may not contain 

new factual information. Any person 

that is neither a party to the five-year 

reviews nor an interested party may 

submit a brief written statement (which 

shall not contain any new factual 

information) pertinent to the reviews by 

February 11, 2022. However, should the 

Department of Commerce (‘‘Commerce’’) 

extend the time limit for its completion 

of the final results of its reviews, the 

deadline for comments (which may not 

contain new factual information) on 

Commerce’s final results is three 

business days after the issuance of 

Commerce’s results. If comments 

contain business proprietary 

information (BPI), they must conform 

with the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s Handbook on 

Filing Procedures, available on the 

Commission’s website at https:// 

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the reviews must be 

served on all other parties to the reviews 

(as identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Determination.—The Commission has 

determined these reviews are 

extraordinarily complicated and 

therefore has determined to exercise its 

authority to extend the review period by 

up to 90 days pursuant to 19 U.S.C. 

1675(c)(5)(B). 

Authority: These reviews are being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to section 207.62 of 

the Commission’s rules. 

By order of the Commission. 

Issued: February 3, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–02684 Filed 2–8–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1255] 

Certain Apparatus and Methods of 

Opening Containers; Commission 

Determination Not To Review an Initial 

Determination Granting Complainant’s 

Motion for Summary Determination of 

Violation of Section 337; Schedule for 

Filing Written Submissions on 

Remedy, the Public Interest, and 

Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Commission has determined not to 

review an initial determination (‘‘ID’’) 

issued by the presiding administrative 

law judge (‘‘ALJ’’) granting summary 

determination of violation of section 

337 in the above-captioned 

investigation. The Commission requests 

briefing from the parties, interested 

government agencies, and interested 

persons on the issues of remedy, the 

public interest, and bonding. 

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 March 

18, 2021, the Commission instituted this 

investigation based on a complaint filed 

by Draft Top, LLC (‘‘Draft Top’’) of Long 

Beach, New Jersey. 86 FR 14765 (Mar. 


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7500 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

18, 2021). The complaint, as 

supplemented, 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, 

and the sale within the United States 

after importation of certain apparatus 

and methods of opening containers by 

reason of infringement of claim 12 of 

U.S. Patent No. 10,519,016 (‘‘the ’016 

patent’’). Id. The complaint further 

alleges that a domestic industry exists. 

Id. The notice of investigation named 

nine respondents: KKS Enterprises Co., 

Ltd. of Hangzhou, China; Kingskong 

Enterprises Co., Ltd. of Hangzhou, 

China; Du Zuojun of Shenzhen, 

Guangdong, China; WN Shipping USA, 

Inc. of Inwood, New York; Shuje Wei of 

Pomona, California; Express Cargo 

Forwarded, Ltd. of Los Angeles, 

California; Hou Wenzheng of Hebron, 

Kentucky (collectively, the ‘‘Defaulting 

Respondents’’); Mintiml of Yangzhou, 

Jiangsu, China; and Tofba International, 

Inc. (‘‘Tofba’’) of Hawthorne, California. 

Id. The Office of Unfair Import 

Investigations (‘‘OUII’’) is also named as 

a party. Id. 

On May 27, 2021, the Commission 

determined to terminate the 

investigation as to respondent Tofba 

based on withdrawal of the allegations 

in the complaint directed to Tofba. 

Order No. 6 (May 12, 2021), unreviewed 

by Comm’n Notice (May 27, 2021). On 

July 29, 2021, the Commission 

determined to find the Defaulting 

Respondents in default for failing to 

respond to the complaint and notice of 

investigation and failing to show cause 

why they should not be found in 

default. Order No. 8 (July 12, 2021), 

unreviewed by Comm’n Notice (July 30, 

2021). On August 24, 2021, the 

Commission determined to terminate 

the investigation as to respondent 

Mintiml based on withdrawal of the 

allegations in the complaint directed to 

Mintiml. Order No. 9 (Aug. 11, 2021), 

unreviewed by Comm’n Notice (Aug. 24, 

2021). 

On August 20, 2021, Draft Top filed 

a motion for summary determination of 

violation of section 337 by the 

Defaulting Respondents, requesting 

issuance of a general exclusion order 

(‘‘GEO’’) and setting a 300 percent bond 

for any importations of infringing goods 

during the period of Presidential review. 

On September 17, 2021, Draft Top filed 

a supplement to its motion. That same 

day, OUII filed a response supporting 

Draft Top’s motion except on the issue 

of bonding (OUII submits that a bond of 

100 percent, not 300 percent, is 

appropriate). No Defaulting Respondent 

filed a response to Draft Top’s motion. 

On December 20, 2021, the ALJ issued 

the subject ID granting Draft Top’s 

motion and finding violations of section 

337 by the Defaulting Respondents. 

Specifically, the ID finds that: (i) Draft 

Top satisfied the importation 

requirement as to the Defaulting 

Respondents; (ii) the Commission has 

subject matter, personal, and in rem 

jurisdiction in this investigation; (iii) 

the Defaulting Respondents’ accused 

products practice claim 12 of the ’016 

patent; (iv) claim 12 of the ’016 patent 

has not been shown invalid; and (v) 

Draft Top satisfied the technical and 

economic prongs of the domestic 

industry requirement as to the ’016 

patent. The ID also includes the ALJ’s 

recommended determination on remedy 

and bonding, recommending that, 

should the Commission determine that 

violations of section 337 occurred, then 

the Commission issue a GEO and set a 

100 percent bond for any importations 

of infringing products during the period 

of Presidential review. No petitions for 

review of the subject ID were filed. 

The Commission did not receive any 

submissions on the public interest from 

the parties pursuant to Commission 

Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). 

The Commission also did not receive 

any submissions on the public interest 

from members of the public in response 

to the Commission’s Federal Register 

notice. 87 FR 238–39 (Jan. 4, 2022). 

Having reviewed the record in this 

investigation, including the subject ID, 

the Commission has determined not to 

review the ID’s finding of violations of 

section 337. 

In connection with the final 

disposition of this investigation, the 

statute authorizes issuance of: (1) An 

exclusion order that could result in the 

exclusion of the subject articles from 

entry into the United States, and/or (2) 

a cease and desist order that could 

result in the respondents being required 

to cease and desist from engaging in 

unfair acts in the importation and sale 

of such articles. Accordingly, the 

Commission is interested in receiving 

written submissions that address the 

form of remedy, if any, that should be 

ordered. If a party seeks exclusion of an 

article from entry into the United States 

for purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see Certain Devices for 

Connecting Computers via Telephone 

Lines, Inv. No. 337–TA–360, USITC 

Pub. No. 2843, Comm’n Op. at 7–10 

(December 1994). 

The statute requires the Commission 

to consider the effects of any remedy 

upon the public interest. The public 

interest factors the Commission will 

consider include the effect that an 

exclusion order and/or cease and desist 

order would have on: (1) The public 

health and welfare; (2) competitive 

conditions in the U.S. economy; (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation; and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve, 

disapprove, or take no action on the 

Commission’s determination. See 

Presidential Memorandum of July 21, 

2005. 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties, 

interested government agencies, and any 

other interested parties are invited to 

file written submissions on the issues of 

remedy, the public interest, and 

bonding. Such submissions should 

include views on the recommended 

determination by the ALJ on remedy 

and bonding. 

In its initial written submission, Draft 

Stop and OUII are requested to submit 

proposed remedial orders for the 

Commission’s consideration. Draft Stop 

is further requested to identify the date 

the asserted patent expires, to provide 

the HTSUS subheadings under which 

the subject articles are imported, and to 

supply identification information for all 

known importers of the subject articles. 

Initial written submissions, including 

proposed remedial orders, must be filed 

no later than close of business on 

February 17, 2022. Reply submissions 

must be filed no later than the close of 

business on February 24, 2022. No 

further submissions on any of these 

issues will be permitted unless 

otherwise ordered by the Commission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 (Mar. 


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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 7501 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

19, 2020). Submissions should refer to 

the investigation number (Inv. No. 337– 

TA–1255) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

documents/handbook_on_filing_

procedures.pdf). Persons with questions 

regarding filing should contact the 

Secretary (202–205–2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. A redacted nonconfidential version of the document 

must also be filed simultaneously with 

any confidential filing. 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,1 solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. All nonconfidential written 

submissions will be available for public 

inspection on EDIS. 

The Commission vote for this 

determination took place on February 3, 

2022. 

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: February 3, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–02670 Filed 2–8–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Office of Federal Contract Compliance 

Programs 

Agreement Approval Process for Use 

of Functional Affirmative Action 

Programs; Proposed Approval of 

Information Collection Requirements; 

Comment Request 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL), as part of its continuing effort to 

reduce paperwork and respondent 

burden, conducts a pre-clearance 

consultation program to provide the 

general public and federal agencies with 

an opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA). The program helps ensure that 

requested data can be provided in the 

desired format, reporting burden (time 

and financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the Office 

of Federal Contract Compliance 

Programs (OFCCP) is soliciting 

comments concerning its proposal to 

obtain approval from the Office of 

Management and Budget (OMB) to 

renew the information collection that 

implements standard procedures for 

supply and service contractors seeking 

approval to develop affirmative action 

programs based on functional or 

business units. A copy of the proposed 

information collection request can be 

obtained by contacting the office listed 

below in the FOR FURTHER INFORMATION

CONTACT section of this notice or by 

accessing it at www.regulations.gov. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

April 11, 2022. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Electronic comments: The federal 

eRulemaking portal at 

www.regulations.gov. Follow the 

instructions found on that website for 

submitting comments. 

Mail, Hand Delivery, Courier: 

Addressed to Tina T. Williams, Director, 

Division of Policy and Program 

Development, Office of Federal Contract 

Compliance Programs, 200 Constitution 

Avenue NW, Room C–3325, 

Washington, DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

For faster submission, we encourage 

commenters to transmit their comment 

electronically via the 

www.regulations.gov website. 

Comments that are mailed to the 

address provided above must be 

postmarked before the close of the 

comment period. All submissions must 

include OFCCP’s name for 

identification. Comments submitted in 

response to the notice, including any 

personal information provided, become 

a matter of public record and will be 

posted on www.regulations.gov. 

Comments will also be summarized 

and/or included in the request for OMB 

approval of the information collection 

request. 

FOR FURTHER INFORMATION CONTACT: Tina 

T. Williams, Director, Division of Policy 

and Program Development, Office of 

Federal Contract Compliance Programs, 

Room C–3325, 200 Constitution Avenue 

NW, Washington, DC 20210. Telephone: 

(202) 693–0103 (voice) (this is not a tollfree number). Copies of this notice may 

be obtained in alternative formats (large 

print, braille, audio recording) upon 

request by calling the numbers listed 

above. 

SUPPLEMENTARY INFORMATION: 

I. Background: OFCCP administers 

and enforces the three equal 

employment opportunity laws listed 

below. 

• Executive Order 11246, as amended 

(E.O. 11246) 

• Section 503 of the Rehabilitation Act 

of 1973, as amended (Section 503) 

• Vietnam Era Veterans’ Readjustment 

Assistance Act of 1974, as amended 

(VEVRAA) 

These authorities prohibit 

employment discrimination by covered 

federal contractors and subcontractors 

and require that they take affirmative 

action to provide equal employment 

opportunities regardless of race, color, 

religion, sex, sexual orientation, gender 

identity, national origin, disability, or 

status as a protected veteran. 

Additionally, federal contractors and 

subcontractors are prohibited from 

discriminating against applicants and 

employees for asking about, discussing, 

or sharing information about their pay 

or, in certain circumstances, the pay of 

their co-workers. 

E.O. 11246 applies to federal 

contractors and subcontractors and to 

federally assisted construction 

contractors holding a government 

contract in excess of $10,000, or 

government contracts that have, or can 

reasonably be expected to have, an 

aggregate total value exceeding $10,000 

in a 12-month period. E.O. 11246 also 

applies to government bills of lading, 

depositories of federal funds in any 

amount, and financial institutions that 


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