`up;
`14971
`Federal Register/Vol. 84, No. 71/ Friday, April 12, 2019/ Notices
`
`INTERNATIONAL TRADE
`COMMISSION
`
`Background
`
`On February 21, 2019, Vulcan
`Threaded Products Inc., Pelham,
`Alabama, filed petitions with the
`Commission and Commerce, alleging
`that an industry in the United States is
`materially injured or threatened with
`material injury by reason of subsidized
`imports of carbon and alloy steel
`threaded rod from China and India and
`
`LTFV imports of carbon and alloy steel
`threaded rod from China, India, Taiwan,
`and Thailand. Accordingly, effective
`February 21, 2019, the Commission,
`pursuant to sections 703(a) and 733(a) of
`the Act (19 U.S.C. 1671b(a) and
`1673b(a)), instituted countervailing duty
`investigation Nos. 701—TA—618—619 and
`antidumping duty investigation Nos.
`731—TA—1441—1444 (Preliminary).
`Notice of the institution of the
`
`Commission’s investigations and of a
`public conference to be held in
`connection therewith was given by
`posting copies of the notice in the Office
`of the Secretary, U.S. International
`Trade Commission, Washington, DC,
`and by publishing the notice in the
`Federal Register of February 28, 2019
`(84 FR 6817). The conference was held
`in Washington, DC, on March 14, 2019,
`and all persons who requested the
`opportunity were permitted to appear in
`person or by counsel.
`The Commission made these
`
`determinations pursuant to sections
`703(a) and 733(a) of the Act (19 U.S.C.
`1671b(a) and 1673b(a)). It completed
`and filed its determinations in these
`
`investigations on April 8, 2019. The
`views of the Commission are contained
`
`in USITC Publication 4885 (April 2019),
`entitled Carbon and AIon Steel
`Threaded Rod from China, India,
`Taiwan, and Thailand: Investigation
`Nos. 701—TA—618—619 and 731—TA—
`
`1441—1444 (Preliminary).
`By order of the Commission.
`Issued: April 8, 2019.
`Lisa Barton,
`
`Secretazy to the Commission.
`[FR Doc. 2019—07246 Filed 4—11—19; 8:45 am]
`BILLING CODE 7020-02-P
`
`[Investigation Nos. 701 -TA-61 8-61 9 and
`731—TA—1441—1444 (Preliminary)]
`
`Carbon and Alloy Steel Threaded Rod
`From China, India, Taiwan, and
`Thailand
`
`Determinations
`
`On the basis of the record 1 developed
`in the subject investigations, the United
`States International Trade Commission
`
`(“Commission”) determines, pursuant
`to the Tariff Act of 1930 (“the Act”),
`that there is a reasonable indication that
`
`an industry in the United States is
`materially injured by reason of imports
`of carbon and alloy steel threaded rod
`from China, India, Taiwan, and
`Thailand, provided for in subheading
`7318.15.50 of the Harmonized Tariff
`Schedule of the United States, that are
`alleged to be sold in the United States
`at less than fair value (“LTFV”) and to
`be subsidized by the governments of
`China and India.2
`
`Commencement of Final Phase
`
`Investigations
`Pursuant to section 207.18 of the
`Commission’s rules, the Commission
`also gives notice of the commencement
`of the final phase of its investigations.
`The Commission will issue a final phase
`notice of scheduling, which will be
`published in the Federal Register as
`provided in section 207.21 of the
`Commission’s rules, upon notice from
`the U.S. Department of Commerce
`(“Commerce”) of affirmative
`preliminary determinations in the
`investigations under sections 703(b) or
`733(b) of the Act, or, if the preliminary
`determinations are negative, upon
`notice of affirmative final
`
`determinations in those investigations
`under sections 705(a) or 735(a) of the
`Act. Parties that filed entries of
`
`appearance in the preliminary phase of
`the investigations need not enter a
`separate appearance for the final phase
`of the investigations. Industrial users,
`and, if the merchandise under
`investigation is sold at the retail level,
`representative consumer organizations
`have the right to appear as parties in
`Commission antidumping and
`countervailing duty investigations. The
`Secretary will prepare a public service
`list containing the names and addresses
`of all persons, or their representatives,
`who are parties to the investigations.
`
`1 The record is defined in sec. 207.2(f) of the
`Conunission’s Rules of Practice and Procedure (19
`CFR 207.2(fl).
`234 FR 10034 and 84 FR 10040 (March 19, 2019).
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA—1074]
`
`Certain Industrial Automation Systems
`and Components Thereof Including
`Control Systems, Controllers,
`Visualization Hardware, Motion and
`Motor Control Systems, Networking
`Equipment, Safety Devices, and Power
`Supplies; Issuance of a General
`Exclusion Order and a Cease and
`Desist 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 issued a general
`exclusion order (“GEO”) denying entry
`of certain industrial automation systems
`and components thereof including
`control systems, controllers,
`visualization hardware, motion and
`motor control systems, networking
`equipment, safety devices, and power
`supplies that infringe complainant’s
`asserted trademarks. The Commission
`has also issued a cease and desist order
`
`(“CDO”) directed to respondent
`Fractioni (Hongkong) Ltd. (“Fractioni”).
`The investigation 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 are or will be 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, Washington, DC 20436,
`telephone (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. 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 October 16, 2017, based on a
`complaint filed by Complainant
`Rockwell Automation, Inc. of
`Milwaukee, Wisconsin (“Complainant”
`or “Rockwell”). See 82 FR 48113—15
`(Oct. 16, 2017). The complaint, as
`
`

`

`14972
`Federal Register/Vol. 84, No. 71/ Friday, April 12, 2019/ Notices
`
`supplemented, alleges violations of
`section 337 based on the infringement of
`certain registered trademarks and
`copyrights and on unfair methods of
`competition and unfair acts in the
`importation or sale of certain industrial
`automation systems and components
`thereof including control systems,
`controllers, visualization hardware,
`motion and motor control systems,
`networking equipment, safety devices,
`and power supplies, the threat or effect
`of which is to destroy or substantially
`injure an industry in the United States.
`See id. The notice of investigation
`identifies fifteen respondents: Can
`Electric Limited of Guangzhou, China
`(“Can Electric”); Capnil (HK) Company
`Limited of Hong Kong (“Capnil”);
`Fractioni of Shanghai, China; Fujian
`Dahong Trade Co. of Fujian, China
`(“Dahong”); GreySolution Limited d/b/
`a Fibica of Hong Kong (“GreySolution”);
`Huang Wei Feng d/b/a A—O—M Industry
`of Shenzhen, China (“Huang”); KBS
`Electronics Suzhou Co, Ltd. of
`Shanghai, China (“KBS”); PLC—VIP
`Shop d/b/a VIP Tech Limited of Hong
`Kong (“PLC—VIP”); Radwell
`International, Inc. d/b/a PLC Center of
`Willingboro, New Jersey (“Radwell”);
`Shanghai EuoSource Electronic Co., Ltd
`of Shanghai, China (“EuoSource”);
`ShenZhen T-Tide Trading co., Ltd. of
`Shenzhen, China (“T-Tide”); SoBuy
`Commercial (HK) Co. Limited of Hong
`Kong (“SoBuy”); Suzhou Yi Micro
`Optical Co., Ltd., d/b/a Suzhou Yiwei
`Guangxue Youxiangongsi, d/b/a Easy
`Microoptics Co. LTD. of Jiangsu, China
`(“Suzhou”); Wenzhou Sparker Group
`Co. Ltd., d/b/a Sparker Instruments of
`Wenzhou, China (“Sparker”); and
`Yaspro Electronics (Shanghai) Co., Ltd.
`of Shanghai, China (“Yaspro”). See id.
`The Office of Unfair Import
`Investigations (“OUII”) is also a party in
`this investigation. See id.
`Nine respondents were found in
`default, namely, Fractioni,
`GreySolution, KBS, EuoSource, T-Tide,
`SoBuy, Suzhou, Yaspro and Can Electric
`(collectively, “the Defaulted
`Respondents”). See Order No. 17 (Feb.
`1, 2018), unreviewed, Comm’n Notice
`(Feb. 26, 2018); Order No. 32 (June 28,
`2018), unreviewed, Comm’n Notice (July
`24, 2018). In addition, five unserved
`respondents (Capnil, Dahong, Huang,
`PLC—VIP, and Sparker) were terminated
`from the investigation and one
`respondent (Radwell) was terminated
`based on the entry of a consent order.
`See Order No. 41 (July 17, 2018),
`unreviewed, Comm’n Notice (Aug. 13,
`2018); Order No. 42 (July 20, 2018),
`unreviewed, Comm’n Notice (Aug. 15,
`2018).
`
`On October 23, 2018, the ALJ issued
`a final initial determination (“FID”)
`finding a violation of section 337 by the
`Defaulted Respondents based on the
`infringement of Complainant’s asserted
`trademarks, namely, U.S. Trademark
`Reg. NOS. 1172995, 696401, 693780,
`1172994, 712800, 712836, 2510226,
`2671196, 2701786, and 2412742. The
`ALJ also recommended that the
`Commission: (1) Issue a GEO; (2) issue
`a CD0 against defaulted respondent
`Fractioni; and (3) set a bond at 100% of
`the entered value of the infringing
`products during the period of
`Presidential review. No petitions for
`review of the subject FID were filed.
`On December 20, 2018, the
`Commission issued a notice
`
`determining not to review the FID. See
`83 FR 67346—48 (Dec. 28, 2018). The
`Commission’s determination resulted in
`
`a finding of a section 337 violation. See
`id. The Commission’s notice also
`
`requested written submissions on
`remedy, the public interest, and
`bonding. On February 15, 2019,
`Complainant and OUII submitted
`written submissions and on February
`22, 2019, OUII submitted a reply
`submission in response to the
`Commission’s notice.
`
`As explained in the Commission’s
`Opinion issued concurrently herewith,
`the Commission has determined that the
`
`appropriate remedy in this investigation
`is: (1) A GEO prohibiting the unlicensed
`entry of certain industrial automation
`systems and components thereof
`including control systems, controllers,
`visualization hardware, motion and
`motor control systems, networking
`equipment, safety devices, and power
`supplies that infringe Complainant’s
`asserted trademarks, pursuant to 19
`U.S.C. 1337(d)(2), and (2) a CDO
`directed to defaulted respondent
`Fractioni, pursuant to 19 U.S.C.
`1337(f)(1). The Commission has also
`determined that the bond during the
`period of Presidential review pursuant
`to 19 U.S.C. 1337(j) shall be in the
`amount of 100 percent of the entered
`value of the imported articles that are
`subject to the GEO. The Commission has
`further determined that the public
`interest factors enumerated in
`subsections 337(d)(1) and (f)(l) (19
`U.S.C. 1337(d)(1), (f)(1)) do not preclude
`the issuance of the GEO and CD0.
`
`Commissioner Schmidtlein disagrees
`with the Commission’s decision not to
`
`issue cease and desist orders against all
`of the defaulting respondents under
`section 337(g)(1), and her views have
`been filed on EDIS.
`
`the United States Trade Representative
`on the day of issuance.
`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: April 8, 2019.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2019—07254 Filed 4—11—19; 8:45 am]
`BILLING CODE P
`
`
`DEPARTMENT OF JUSTICE
`
`Antitrust Division
`
`Notice Pursuant to the National
`Cooperative Research and Production
`Act of 1993—Openjs Foundation
`(Formerly Node.js Foundation)
`
`Notice is hereby given that, on April
`1, 2019, pursuant to Section 6(a) of the
`National Cooperative Research and
`Production Act of 1993, 15 U.S.C. 4301
`et seq. (“the Act”), Node.js Foundation
`has filed written notifications
`
`simultaneously with the Attorney
`General and the Federal Trade
`
`Commission disclosing changes in its
`membership. The notifications were
`filed for the purpose of extending the
`Act’s provisions limiting the recovery of
`antitrust plaintiffs to actual damages
`under specified circumstances. Node.js
`Foundation, has changed its name to
`OpenJS Foundation. Specifically, Sauce
`Labs, San Francisco, CA; RisingStack,
`Budapest, HUNGARY; Yahoo Inc.,
`Sunnyvale, CA; Dynatrace LLC,
`Waltham, MA; BitRock, Inc. d/b/a
`Bitnami, San Francisco, CA; Chef
`Software, Inc., Seattle, WA; and
`Keymetrics Inc., Paris, FRANCE, have
`withdrawn as parties to this venture.
`No other changes have been made in
`either the membership or planned
`activity of the group research project.
`Membership in this group research
`project remains open, and OpenJS
`Foundation intends to file additional
`
`written notifications disclosing all
`changes in membership.
`On August 17, 2015, Node.js
`Foundation filed its original notification
`pursuant to Section 6(a) of the Act. The
`Department of Justice published a notice
`in the Federal Register pursuant to
`Section 6(b) of the Act on September 28,
`2015 (80 FR 58297).
`The last notification was filed with
`
`The Commission’s opinion and orders
`were delivered to the President and to
`
`the Department on October 5, 2018. A
`notice was published in the Federal
`
`