3020 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 

Availability: The electronic version of 

the Final EA/FONSI is available on the 

USIBWC web page: https://

www.ibwc.gov/EMD/EIS_EA_Public_

Comment.html. 

Dated: January 8, 2018. 

Matt Myers, 

Chief Legal Counsel. 

[FR Doc. 2018–00943 Filed 1–19–18; 8:45 am] 

BILLING CODE 4710–01–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1096] 

Certain Microperforated Packaging 

Containing Fresh Produce; 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 

November 13, 2017, under section 337 

of the Tariff Act of 1930, as amended, 

on behalf of Windham Packaging LLC of 

Windham, New Hampshire. On 

December 4, 2017 Complainant 

requested an extension of time until 

January 2, 2018 to file supplemental 

material, and the request was granted 

December 7, 2017. EDIS Doc. IDs 

630561 (Request) and 631033 (Letter 

granting request). On January 2, 2018 

Complainant requested a second 

extension of time until January 16, 2018 

to file supplemental materials. EDIS 

Doc. ID 632797. An amended complaint 

was filed January 3, 2018. The 

complaint, as amended, 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 microperforated packaging 

containing fresh produce by reason of 

infringement of certain claims of U.S. 

Patent No. 7,083,837 (‘‘the ’837 patent’’). 

The complaint further alleges that an 

industry in the United States exists as 

required by the applicable Federal 

Statute. 

The amended complainant requests 

that the Commission institute an 

investigation and, after the 

investigation, issue 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: 

Katherine Hiner, Office of the Secretary, 

Docket Services Division, 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 (2017). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

January 16, 2018, 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 microperforated 

packaging containing fresh produce by 

reason of infringement of one or more of 

claims 1–6, 11, and 13, and whether an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337; 

(2) 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: Windham 

Packaging, LLC, 18 Wilson Road, 

Windham, NH 03087. 

(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: 

Alpine Fresh, Inc., 9300 NW 58th Street, 

Suite 201, Miami, FL 33178. 

Apio, Inc., 4575 W Main Street, 

Guadalupe, CA 93434. 

B&G Foods North America, Inc., Four 

Gatehall Drive, Parsippany, NJ 07054. 

Glory Foods, Inc., 901 Oak Street, 

Columbus, OH 43205. 

Taylor Farms California, Inc., 947 B 

Blanco Circle, Salinas, CA 93901. 

(3) 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 in 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), 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 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: January 17, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–01037 Filed 1–19–18; 8:45 am] 

BILLING CODE 7020–02–P 


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