[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26088-26089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12053]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1115]
Certain Blow-Molded Bag-In-Container Devices, Associated
Components, and End Products Containing or Using Same: Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 30, 2018, under section
337 of the Tariff Act of 1930, as amended, on behalf of Anheuser-Busch
InBev S.A. of Belgium and Anheuser-Busch, LLC of St. Louis, Missouri.
Supplements to the Complaint were filed on May 4, 2018 and May 15,
2018. The complaint, as supplemented, 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 blow-molded bag-in-container devices, associated components,
and end products containing or using same by reason of infringement of
certain claims of U.S. Patent No. 9,162,372 (``the '372 patent''); U.S.
Patent No. 9,517,876 (``the '876 patent''); U.S. Patent No. 9,555,572
(``the '572 patent''); and 9,944,453 (``the '453 patent''). The
complaint further alleges that an
[[Page 26089]]
industry in the United States exists or is in the process of being
established as required by the applicable Federal Statute.
The complainant request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The 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 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 30, 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 blow-molded
bag-in-container devices, associated components, and end products
containing or using same by reason of infringement of one or more of
claim 1 of the '372 patent; claims 1-5 of the '876 patent; claims 7-17
of the '572 patent; and claims 1, 2, and 4-7 of the '453 patent, and
whether an industry in the United States exists or is in the process of
being established 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 complainants are:
Anheuser-Busch InBev S.A., Brouwerijplein 1, 3000 Leuven, Belgium
Anheuser-Busch, LLC, One Busch Place, St. Louis, Missouri 63118
(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:
Heineken International B.V., Tweede Weteringplantsoen 21, Amsterdam
1017 ZD Netherlands
Heineken N.V., Tweede Weteringplantsoen 21, Amsterdam 1017 ZD
Netherlands
Heineken USA Inc., 360 Hamilton Avenue Suite 1103, White Plains, NY
10601
Heineken Holding N.V., Tweede Weteringplantsoen 5, Amsterdam 1017 ZD
Netherlands
Heineken Beer Systems B.V., Tweede Weteringplantsoen 21, Amsterdam 1017
ZD Netherlands
Heineken Brouwerijen B.V., Tweede Weteringplantsoen 21, Amsterdam 1017
ZD Netherlands
Heineken Export Americas B.V., Tweede Weteringplantsoen 21, Amsterdam
1017 ZD Netherlands
Heineken Global Procurement B.V, Tweede Weteringplantsoen 21, Amsterdam
1017 ZD Netherlands
(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: May 31, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-12053 Filed 6-4-18; 8:45 am]
BILLING CODE 7020-02-P