80_FR_37424 80 FR 37299 - Certain Toner Cartridges and Components; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify Certain Portions of the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding

80 FR 37299 - Certain Toner Cartridges and Components; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify Certain Portions of the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37299-37301
FR Document2015-15970

Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (``ID'') (Order No. 34) of the presiding administrative law judge (``ALJ'') granting complainants' motion for summary determination of violation of section 337 and, on review, to modify certain portions of the ID. The Commission also requests written submissions on remedy, public interest, and bonding in accordance with the schedule provided below.

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37299-37301]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15970]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-918]


Certain Toner Cartridges and Components; Commission Determination 
To Review in Part an Initial Determination Granting Complainant's 
Motion for Summary Determination of Violation of Section 337 and, on 
Review, To Modify Certain Portions of the Initial Determination; 
Request for Written Submissions on Remedy, the Public Interest, and 
Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an initial determination 
(``ID'') (Order No. 34) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion for summary determination of 
violation of section 337 and, on review, to modify certain portions of 
the ID. The Commission also requests written submissions on remedy, 
public interest,

[[Page 37300]]

and bonding in accordance with the schedule provided below.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3115. 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 
http://www.usitc.gov . The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), on June 12, 2014, based on a complaint filed by 
Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Melville, New York; 
and Canon Virginia, Inc. of Newport News, Virginia (collectively, 
``Canon''). 79 FR 33777-78 (Jun. 12, 2014). The complaint alleges a 
violation of section 337 by reason of infringement of certain claims of 
U.S. Patent Nos. 8,280,278 (``the `278 patent''); 8,630,564 (``the `564 
patent''); 8,682,215 (``the `215 patent''); 8,676,090 (``the `090 
patent''); 8,369,744 (``the `744 patent''); 8,565,640 (``the `640 
patent''); 8,676,085 (``the `085 patent''); 8,135,304 (``the `304 
patent''); and 8,688,008 (``the `008 patent''). Id. The notice of 
investigation named thirty-three companies as respondents. Id. The 
Commission's Office of Unfair Import Investigations was also named as a 
party. Subsequently, the investigation was partially terminated based 
on withdrawal of the complaint as to all asserted claims of four 
patents, specifically: (1) Claim 1 of the `744 patent; (2) claim 1 of 
the `640 patent; (3) claims 1, 2, 3, and 4 of the `085 patent; and (4) 
claim 1 of the `304 patent.
    The ALJ issued initial determinations terminating the investigation 
based on consent orders as to fifteen respondents: Print-Rite Holdings 
Ltd.; Print-Rite N.A., Inc.; Union Technology Int'I (M.C.O.) Co. Ltd.; 
Print-Rite Unicorn Image Products Co. Ltd.; Innotex Precision Ltd.; 
Ninestar Image Tech Limited; Zhuhai Seine Technology Co., Ltd.; 
Ninestar Technology Company, Ltd.; Seine Tech (USA) Co., Ltd.; Nano 
Pacific Corporation; International Laser Group, Inc.; Ink Technologies 
Printer Supplies, LLC; LD Products, Inc.; Linkyo Corporation; and Katun 
Corporation. See ALJ Order Nos. 13 (not reviewed Nov. 4, 2014), 16 (not 
reviewed Nov. 24, 2014), 28 (not reviewed Apr. 3, 2015), 29 (not 
reviewed Apr. 3, 2015), 30 (not reviewed Apr. 3, 2015), 31 (not 
reviewed Apr. 3, 2015), and 32 (not reviewed Apr. 3, 2015). The ALJ 
also issued an ID terminating the investigation based on Canon's 
withdrawal of allegations as to two respondents, Seine Image Int'l Co., 
Ltd. and Ninestar Image Tech, Ltd. See ALJ Order No. 4 (not reviewed 
Aug. 1, 2014). Likewise, the ALJ issued an ID terminating the 
investigation as to respondent Seine Image (USA) Co., Ltd. due to the 
corporate dissolution of the respondent. See ALJ Order No. 27 (not 
reviewed Apr. 1, 2015). These eighteen respondents are collectively 
referred to as the ``Terminated Respondents.''
    The ALJ also issued IDs finding the following ten respondents in 
default: Acecom, Inc.-San Antonio; ACM Technologies, Inc.; Shenzhen 
ASTA Official Consumable Co., Ltd.; Do It Wiser LLC; Grand Image Inc.; 
Green Project, Inc.; Nectron International, Inc.; Online Tech Stores, 
LLC; Printronic Corporation; and Zinyaw LLC. See Order Nos. 6 (not 
reviewed Aug. 25, 2014), 12 (not reviewed Oct. 1, 2014), 15 (not 
reviewed Nov. 17, 2014). These ten respondents are collectively 
referred to as the ``Defaulting Respondents.''
    The remaining five named respondents are Aster Graphics, Inc.; 
Jiangxi Yibo E-Tech Co., Ltd.; Aster Graphics Co., Ltd.; The Supplies 
Guys, LLC; and American Internet Holdings, LLC. These respondents are 
no longer actively participating in the investigation, but have neither 
been terminated from the investigation nor found to be in default. Each 
of them has acknowledged and stipulated that it has failed to act 
within the meaning of Commission Rule 210.17, at least because it 
failed to file a prehearing statement and brief in accordance with the 
Procedural Schedule (Order No. 9), and that it therefore has no 
standing to contest Canon's evidence and arguments that it has violated 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. See 
Stipulation Regarding the Status of the Aster and Supplies Guys 
Respondents (Feb. 26, 2015). These five respondents are collectively 
referred to as the ``Non-Participating Respondents.''
    On March 10, 2015, Canon filed a Motion for Summary Determination 
of Violations by the Defaulting Respondents and Non-Participating 
Respondents and Recommended Determination on Remedy and Bonding. The 
Commission investigative attorney filed a response in support of the 
motion. The Non-Participating Respondents filed a response (``Aster 
Resp.'') to the motion in which they state, inter alia, that they ``do 
not oppose the motion for summary determination.'' Aster Resp. at 1.
    On May 12, 2015, the ALJ issued an ID (Order No. 34) granting 
Canon's motion for summary determination of violation and recommending 
the issuance of a general exclusion order and several cease and desist 
orders. No party petitioned for review of the ID.
    The Commission has determined to review the portion of the ID 
titled ``Establishing Violations Of Section 337 Through Uncontested 
Allegations'' on pages 46-50 of the ID and, on review, to strike the 
above-referenced portion of the ID, as well as any language referring 
to that stricken portion (e.g., ``The uncontested allegations and 
adverse inferences aside,'' in the first sentence of the last paragraph 
on page 50), as irrelevant in reaching the ALJ's violation 
determination. See ID at 46-50. The Commission has also determined to 
strike any references to uncontested allegations as submitted evidence 
on violation (e.g., ``; see also Complaint ]] 160-161 (uncontested 
allegations)'' in the third line of page 56). The finding of violation 
as to these respondents is based on substantial, reliable, and 
probative evidence. See 19 U.S.C. 1337(g)(2). The Commission has also 
determined to correct a typographical error in the second sentence on 
page 33 of the ID by substituting ``four'' instead of ``three'' in the 
above-referenced sentence. The Commission has further determined to 
modify the citation in the first full paragraph on page 42 of the ID by 
striking an incorrect citation to Certain Flooring Products, Inv. No. 
337-TA-443, Comm'n Notice of Final Determination of No Violation of 
Section 337, 2002 WL 448690, at*59, (Mar. 22, 2002). This document has 
only three pages. The Commission has also determined to supplement an 
incomplete citation to Enercon GmbH v. Int'l Trade Comm'n, 151 F.3d 
1376 (Fed. Cir. 1998) with the relevant page number, i.e., Enercon GmbH 
v. Int'l Trade Comm'n, 151 F.3d 1376, 1384 (Fed. Cir. 1998). The 
Commission has determined not to review the remainder of the ID.

[[Page 37301]]

    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent 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 are likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) (Commission 
Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders 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 
or disapprove the Commission's action. 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: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Canon and the IA are also requested to submit proposed 
remedial orders for the Commission's consideration. Canon is further 
requested to provide the expiration dates of the `278 patent, the `564 
patent, the `215 patent, the `090 patent, and the `008 patent, and 
state the HTSUS subheadings under which the accused articles are 
imported. Canon is also requested to supply the names of known 
importers. The written submissions and proposed remedial orders must be 
filed no later than the close of business on July 13, 2015. Reply 
submissions must be filed no later than the close of business on July 
20, 2015. Such submissions should address the ALJ's recommended 
determinations on remedy and bonding which were made in Order No. 34. 
No further submissions on 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 and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-918'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. 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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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: June 24, 2015.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2015-15970 Filed 6-29-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                                   Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                                  37299

                                                    with the local governing entities’                      balance due must be made a minimum                     nearby properties. When conveyed out
                                                    transportation plans; and                               of two weeks prior to the payment date.                of Federal ownership, the lands will be
                                                       5. An appropriate indemnification                    Failure to pay the full bid price prior to             subject to any applicable laws,
                                                    clause protecting the United States from                the expiration of the 180th day will                   regulations, and policies of the
                                                    claims arising out of the lessees/                      disqualify the high bidder and cause the               applicable local government for
                                                    patentee’s use, occupancy, or                           entire 20 percent bid deposit to be                    proposed future uses. It is the
                                                    occupations on the leased/patented                      forfeited to the BLM. Forfeiture of the 20             responsibility of the purchaser to be
                                                    lands.                                                  percent bid deposit is in accordance                   aware through due diligence of those
                                                       Pursuant to the requirements                         with 43 CFR 2711.3–1(d). No exceptions                 laws, regulations, and policies, and to
                                                    established by Section 120(h) of the                    will be made. The BLM cannot accept                    seek any required local approvals for
                                                    Comprehensive Environmental                             the remainder of the bid price after the               future uses. Buyers should make
                                                    Response, Compensation and Liability                    180th day of the sale date.                            themselves aware of any Federal or
                                                    Act, 42 U.S.C. 9620(h) (CERCLA), as                        The BLM will not sign any documents                 State law or regulation that may affect
                                                    amended, notice is hereby given that the                related to 1031 Exchange transactions.                 the future use of the property. Any land
                                                    lands have been examined and no                         The timing for completion of such an                   lacking access from a public road or
                                                    evidence was found to indicate that any                 exchange is the bidder’s responsibility.               highway will be conveyed as such, and
                                                    hazardous substances have been stored                   The BLM cannot be a party to any 1031                  future access acquisition will be the
                                                    for one year or more, nor had any                       Exchange.                                              responsibility of the buyer.
                                                    hazardous substances been disposed of                      In accordance with 43 CFR 2711.3–                     Any comments regarding the
                                                    or released on the subject property.                    1(f), within 30 days the BLM may accept                proposed sale will be reviewed by the
                                                       No warranty of any kind, express or                  or reject any or all offers to purchase, or            BLM Nevada State Director or other
                                                    implied, is given by the United States as               withdraw any parcel of land or interest                authorized official of the Department of
                                                    to the title, whether or to what extent                 therein from sale if the BLM authorized                the Interior, who may sustain, vacate, or
                                                    the land may be developed, its physical                 officer determines consummation of the                 modify this realty action in response to
                                                    condition, future uses, or any other                    sale would be inconsistent with any                    such comments. In the absence of any
                                                    circumstance or condition. The                          law, or for other reasons as may be                    comments, this realty action will
                                                    conveyance of a parcel will not be on a                 provided by applicable law or                          become the final determination of the
                                                    contingency basis. However, to the                      regulations. No contractual or other                   Department of the Interior.
                                                    extent required by law, the parcel is                   rights against the United States may
                                                    subject to the requirements of section                  accrue until the BLM officially accepts                  Authority: 43 CFR 2711.1–2.
                                                    120(h) of the CERCLA.                                   the offer to purchase and the full bid                 Vanessa L. Hice,
                                                       Unless the BLM authorized officer                    price is paid.                                         Assistant Field Manager, Division of Lands.
                                                    approved other satisfactory                                The parcel may be subject to land use
                                                                                                                                                                   [FR Doc. 2015–16068 Filed 6–29–15; 8:45 am]
                                                    arrangements in advance, conveyance of                  applications received prior to
                                                                                                                                                                   BILLING CODE 4310–HC–P
                                                    title will be through escrow. Designation               publication of this Notice if processing
                                                    of the escrow agent will be through                     the application would have no adverse
                                                    mutual agreement between the BLM and                    effect on the marketability of title, or the
                                                    the prospective patentee, and costs of                  FMV of the parcel. Information                         INTERNATIONAL TRADE
                                                    escrow will be borne by the prospective                 concerning the sale, encumbrances of                   COMMISSION
                                                    patentee.                                               record, appraisals, reservations,
                                                                                                                                                                   [Investigation No. 337–TA–918]
                                                       The BLM–LVFO must receive the                        procedures and conditions, CERCLA,
                                                    request for escrow instructions prior to                and other environmental documents                      Certain Toner Cartridges and
                                                    30 days before the prospective patentee                 that may appear in the BLM public files                Components; Commission
                                                    has scheduled a closing date. There are                 for the proposed sale parcels are                      Determination To Review in Part an
                                                    no exceptions.                                          available for review during business                   Initial Determination Granting
                                                       All name changes and supporting                      hours, 7:30 a.m. to 4:30 p.m. Pacific                  Complainant’s Motion for Summary
                                                    documentation must be received at the                   Time, Monday through Friday, at the                    Determination of Violation of Section
                                                    BLM–LVFO 30 days from the date on                       BLM–LVFO, except during Federal                        337 and, on Review, To Modify Certain
                                                    the high-bidder letter by 4:30 p.m.                     holidays.                                              Portions of the Initial Determination;
                                                    Pacific Time. There are no exceptions.                     In order to determine the FMV                       Request for Written Submissions on
                                                    To submit a name change, the apparent                   through appraisal, certain extraordinary               Remedy, the Public Interest, and
                                                    high bidder must submit the name                        assumptions and hypothetical                           Bonding
                                                    change in writing on the Certificate of                 conditions may have been made
                                                    Eligibility form to the BLM–LVFO.                       concerning the attributes and                          AGENCY: U.S. International Trade
                                                       The remainder of the full bid price for              limitations of the lands and potential                 Commission.
                                                    the parcel must be received no later                    effects of local regulations and policies              ACTION: Notice.
                                                    than 4:30 p.m. Pacific Time, within 180                 on potential future land uses. Through
                                                    days following the day of the sale.                     publication of this Notice, the BLM                    SUMMARY:   Notice is hereby given that
                                                    Payment must be submitted in the form                   advises that these assumptions may not                 the U.S. International Trade
                                                    of a certified check, postal money order,               be endorsed or approved by units of                    Commission has determined to review
                                                    bank draft, cashier’s check, or made                    local government.                                      in part an initial determination (‘‘ID’’)
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    available by electronic fund transfer                      It is the buyer’s responsibility to be              (Order No. 34) of the presiding
                                                    made payable in U.S. dollars to the                     aware of all applicable Federal, State,                administrative law judge (‘‘ALJ’’)
                                                    ‘‘Department of the Interior—Bureau of                  and local government laws, regulations                 granting complainants’ motion for
                                                    Land Management’’ to the BLM–LVFO.                      and policies that may affect the subject               summary determination of violation of
                                                    The BLM will not accept personal or                     lands, including any required                          section 337 and, on review, to modify
                                                    company checks.                                         dedication of lands for public uses. It is             certain portions of the ID. The
                                                       Arrangements for electronic fund                     also the buyer’s responsibility to be                  Commission also requests written
                                                    transfer to the BLM for payment of the                  aware of existing or prospective uses of               submissions on remedy, public interest,


                                               VerDate Sep<11>2014   17:34 Jun 29, 2015   Jkt 235001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\30JNN1.SGM   30JNN1


                                                    37300                          Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices

                                                    and bonding in accordance with the                      Zhuhai Seine Technology Co., Ltd.;                        On March 10, 2015, Canon filed a
                                                    schedule provided below.                                Ninestar Technology Company, Ltd.;                     Motion for Summary Determination of
                                                    FOR FURTHER INFORMATION CONTACT:                        Seine Tech (USA) Co., Ltd.; Nano                       Violations by the Defaulting
                                                    Michael Liberman, Esq., Office of the                   Pacific Corporation; International Laser               Respondents and Non-Participating
                                                    General Counsel, U.S. International                     Group, Inc.; Ink Technologies Printer                  Respondents and Recommended
                                                    Trade Commission, 500 E Street, SW.,                    Supplies, LLC; LD Products, Inc.;                      Determination on Remedy and Bonding.
                                                    Washington, DC 20436, telephone (202)                   Linkyo Corporation; and Katun                          The Commission investigative attorney
                                                    205–3115. Copies of non-confidential                    Corporation. See ALJ Order Nos. 13 (not                filed a response in support of the
                                                    documents filed in connection with this                 reviewed Nov. 4, 2014), 16 (not reviewed               motion. The Non-Participating
                                                    investigation are or will be available for              Nov. 24, 2014), 28 (not reviewed Apr. 3,               Respondents filed a response (‘‘Aster
                                                    inspection during official business                     2015), 29 (not reviewed Apr. 3, 2015), 30              Resp.’’) to the motion in which they
                                                    hours (8:45 a.m. to 5:15 p.m.) in the                   (not reviewed Apr. 3, 2015), 31 (not                   state, inter alia, that they ‘‘do not
                                                    Office of the Secretary, U.S.                           reviewed Apr. 3, 2015), and 32 (not                    oppose the motion for summary
                                                    International Trade Commission, 500 E                   reviewed Apr. 3, 2015). The ALJ also                   determination.’’ Aster Resp. at 1.
                                                    Street, SW., Washington, DC 20436,                      issued an ID terminating the                              On May 12, 2015, the ALJ issued an
                                                    telephone (202) 205–2000. General                       investigation based on Canon’s                         ID (Order No. 34) granting Canon’s
                                                    information concerning the Commission                   withdrawal of allegations as to two                    motion for summary determination of
                                                    may also be obtained by accessing its                   respondents, Seine Image Int’l Co., Ltd.               violation and recommending the
                                                    Internet server at http://www.usitc.gov .               and Ninestar Image Tech, Ltd. See ALJ                  issuance of a general exclusion order
                                                    The public record for this investigation                Order No. 4 (not reviewed Aug. 1, 2014).               and several cease and desist orders. No
                                                    may be viewed on the Commission’s                       Likewise, the ALJ issued an ID                         party petitioned for review of the ID.
                                                    electronic docket (EDIS) at http://                     terminating the investigation as to                       The Commission has determined to
                                                    edis.usitc.gov. Hearing-impaired                        respondent Seine Image (USA) Co., Ltd.                 review the portion of the ID titled
                                                    persons are advised that information on                 due to the corporate dissolution of the                ‘‘Establishing Violations Of Section 337
                                                    this matter can be obtained by                          respondent. See ALJ Order No. 27 (not                  Through Uncontested Allegations’’ on
                                                    contacting the Commission’s TDD                         reviewed Apr. 1, 2015). These eighteen                 pages 46–50 of the ID and, on review,
                                                    terminal on (202) 205–1810.                             respondents are collectively referred to               to strike the above-referenced portion of
                                                    SUPPLEMENTARY INFORMATION: The                          as the ‘‘Terminated Respondents.’’                     the ID, as well as any language referring
                                                    Commission instituted this investigation                   The ALJ also issued IDs finding the                 to that stricken portion (e.g., ‘‘The
                                                    under section 337 of the Tariff Act of                  following ten respondents in default:                  uncontested allegations and adverse
                                                    1930, as amended, 19 U.S.C. 1337                        Acecom, Inc.-San Antonio; ACM                          inferences aside,’’ in the first sentence
                                                    (‘‘Section 337’’), on June 12, 2014, based              Technologies, Inc.; Shenzhen ASTA                      of the last paragraph on page 50), as
                                                    on a complaint filed by Canon Inc. of                   Official Consumable Co., Ltd.; Do It                   irrelevant in reaching the ALJ’s
                                                    Tokyo, Japan; Canon U.S.A., Inc. of                     Wiser LLC; Grand Image Inc.; Green                     violation determination. See ID at 46–
                                                    Melville, New York; and Canon                           Project, Inc.; Nectron International, Inc.;            50. The Commission has also
                                                    Virginia, Inc. of Newport News, Virginia                Online Tech Stores, LLC; Printronic                    determined to strike any references to
                                                    (collectively, ‘‘Canon’’). 79 FR 33777–78               Corporation; and Zinyaw LLC. See                       uncontested allegations as submitted
                                                    (Jun. 12, 2014). The complaint alleges a                Order Nos. 6 (not reviewed Aug. 25,                    evidence on violation (e.g., ‘‘; see also
                                                    violation of section 337 by reason of                   2014), 12 (not reviewed Oct. 1, 2014), 15              Complaint ¶¶ 160–161 (uncontested
                                                    infringement of certain claims of U.S.                  (not reviewed Nov. 17, 2014). These ten                allegations)’’ in the third line of page
                                                    Patent Nos. 8,280,278 (‘‘the ‘278                       respondents are collectively referred to               56). The finding of violation as to these
                                                    patent’’); 8,630,564 (‘‘the ‘564 patent’’);             as the ‘‘Defaulting Respondents.’’                     respondents is based on substantial,
                                                    8,682,215 (‘‘the ‘215 patent’’); 8,676,090                 The remaining five named                            reliable, and probative evidence. See 19
                                                    (‘‘the ‘090 patent’’); 8,369,744 (‘‘the ‘744            respondents are Aster Graphics, Inc.;                  U.S.C. 1337(g)(2). The Commission has
                                                    patent’’); 8,565,640 (‘‘the ‘640 patent’’);             Jiangxi Yibo E-Tech Co., Ltd.; Aster                   also determined to correct a
                                                    8,676,085 (‘‘the ‘085 patent’’); 8,135,304              Graphics Co., Ltd.; The Supplies Guys,                 typographical error in the second
                                                    (‘‘the ‘304 patent’’); and 8,688,008 (‘‘the             LLC; and American Internet Holdings,                   sentence on page 33 of the ID by
                                                    ‘008 patent’’). Id. The notice of                       LLC. These respondents are no longer                   substituting ‘‘four’’ instead of ‘‘three’’ in
                                                    investigation named thirty-three                        actively participating in the                          the above-referenced sentence. The
                                                    companies as respondents. Id. The                       investigation, but have neither been                   Commission has further determined to
                                                    Commission’s Office of Unfair Import                    terminated from the investigation nor                  modify the citation in the first full
                                                    Investigations was also named as a                      found to be in default. Each of them has               paragraph on page 42 of the ID by
                                                    party. Subsequently, the investigation                  acknowledged and stipulated that it has                striking an incorrect citation to Certain
                                                    was partially terminated based on                       failed to act within the meaning of                    Flooring Products, Inv. No. 337–TA–
                                                    withdrawal of the complaint as to all                   Commission Rule 210.17, at least                       443, Comm’n Notice of Final
                                                    asserted claims of four patents,                        because it failed to file a prehearing                 Determination of No Violation of
                                                    specifically: (1) Claim 1 of the ‘744                   statement and brief in accordance with                 Section 337, 2002 WL 448690, at*59,
                                                    patent; (2) claim 1 of the ‘640 patent; (3)             the Procedural Schedule (Order No. 9),                 (Mar. 22, 2002). This document has only
                                                    claims 1, 2, 3, and 4 of the ‘085 patent;               and that it therefore has no standing to               three pages. The Commission has also
                                                    and (4) claim 1 of the ‘304 patent.                     contest Canon’s evidence and arguments                 determined to supplement an
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       The ALJ issued initial determinations                that it has violated section 337 of the                incomplete citation to Enercon GmbH v.
                                                    terminating the investigation based on                  Tariff Act of 1930, as amended, 19                     Int’l Trade Comm’n, 151 F.3d 1376
                                                    consent orders as to fifteen respondents:               U.S.C. 1337. See Stipulation Regarding                 (Fed. Cir. 1998) with the relevant page
                                                    Print-Rite Holdings Ltd.; Print-Rite N.A.,              the Status of the Aster and Supplies                   number, i.e., Enercon GmbH v. Int’l
                                                    Inc.; Union Technology Int’I (M.C.O.)                   Guys Respondents (Feb. 26, 2015).                      Trade Comm’n, 151 F.3d 1376, 1384
                                                    Co. Ltd.; Print-Rite Unicorn Image                      These five respondents are collectively                (Fed. Cir. 1998). The Commission has
                                                    Products Co. Ltd.; Innotex Precision                    referred to as the ‘‘Non-Participating                 determined not to review the remainder
                                                    Ltd.; Ninestar Image Tech Limited;                      Respondents.’’                                         of the ID.


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                                                                                   Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                             37301

                                                       In connection with the final                         expiration dates of the ‘278 patent, the               DEPARTMENT OF JUSTICE
                                                    disposition of this investigation, the                  ‘564 patent, the ‘215 patent, the ‘090
                                                    Commission may (1) issue an order that                  patent, and the ‘008 patent, and state the             Antitrust Division
                                                    could result in the exclusion of the                    HTSUS subheadings under which the
                                                    subject articles from entry into the                    accused articles are imported. Canon is                Notice Pursuant to the National
                                                    United States, and/or (2) issue one or                  also requested to supply the names of                  Cooperative Research and Production
                                                    more cease and desist orders that could                 known importers. The written                           Act of 1993—Trustworthy
                                                    result in the respondent being required                 submissions and proposed remedial                      Accountability Group, Inc.
                                                    to cease and desist from engaging in                    orders must be filed no later than the                    Notice is hereby given that, on May
                                                    unfair acts in the importation and sale                 close of business on July 13, 2015. Reply              29, 2015, pursuant to section 6(a) of the
                                                    of such articles. Accordingly, the                      submissions must be filed no later than                National Cooperative Research and
                                                    Commission is interested in receiving                   the close of business on July 20, 2015.                Production Act of 1993, 15 U.S.C. 4301
                                                    written submissions that address the                    Such submissions should address the                    et seq. (‘‘the Act’’), Trustworthy
                                                    form of remedy, if any, that should be                  ALJ’s recommended determinations on                    Accountability Group, Inc. (‘‘TAG’’) has
                                                    ordered. If a party seeks exclusion of an               remedy and bonding which were made                     filed written notifications
                                                    article from entry into the United States               in Order No. 34. No further submissions                simultaneously with the Attorney
                                                    for purposes other than entry for                       on these issues will be permitted unless               General and the Federal Trade
                                                    consumption, the party should so                        otherwise ordered by the Commission.                   Commission disclosing (1) the name and
                                                    indicate and provide information                           Persons filing written submissions
                                                                                                                                                                   principal place of business of the
                                                    establishing that activities involving                  must file the original document
                                                                                                                                                                   standards development organization
                                                    other types of entry either are adversely               electronically on or before the deadlines
                                                                                                                                                                   and (2) the nature and scope of its
                                                    affecting it or are likely to do so. For                stated above and submit 8 true paper
                                                                                                                                                                   standards development activities. The
                                                    background, see Certain Devices for                     copies to the Office of the Secretary by
                                                                                                            noon the next day pursuant to section                  notifications were filed for the purpose
                                                    Connecting Computers via Telephone
                                                                                                            210.4(f) of the Commission’s Rules of                  of invoking the Act’s provisions limiting
                                                    Lines, Inv. No. 337–TA–360, USITC
                                                                                                            Practice and Procedure (19 CFR                         the recovery of antitrust plaintiffs to
                                                    Pub. No. 2843 (Dec. 1994) (Commission
                                                                                                            210.4(f)). Submissions should refer to                 actual damages under specified
                                                    Opinion).
                                                       If the Commission contemplates some                  the investigation number (‘‘Inv. No.                   circumstances.
                                                                                                                                                                      Pursuant to section 6(b) of the Act, the
                                                    form of remedy, it must consider the                    337–TA–918’’) in a prominent place on
                                                    effects of that remedy upon the public                                                                         name and principal place of business of
                                                                                                            the cover page and/or the first page. (See
                                                    interest. The factors the Commission                                                                           the standards development organization
                                                                                                            Handbook for Electronic Filing
                                                    will consider include the effect that an                                                                       is: Trustworthy Accountability Group,
                                                                                                            Procedures, http://www.usitc.gov/
                                                    exclusion order and/or cease and desist                                                                        Inc., New York, NY. The nature and
                                                                                                            secretary/fed_reg_notices/rules/
                                                    orders would have on (1) the public                                                                            scope of TAG’s standards development
                                                                                                            handbook_on_electronic_filing.pdf).
                                                    health and welfare, (2) competitive                                                                            activities are: to address systemic
                                                                                                            Persons with questions regarding filing
                                                    conditions in the U.S. economy, (3) U.S.                                                                       market issues in four core areas:
                                                                                                            should contact the Secretary (202–205–
                                                    production of articles that are like or                                                                        fraudulent digital advertising traffic, ad-
                                                                                                            2000).
                                                    directly competitive with those that are                   Any person desiring to submit a                     supported Internet piracy, business
                                                    subject to investigation, and (4) U.S.                  document to the Commission in                          transparency and malware. TAG will
                                                    consumers. The Commission is                            confidence must request confidential                   establish standards to address
                                                    therefore interested in receiving written               treatment. All such requests should be                 fraudulent digital advertising in the
                                                    submissions that address the                            directed to the Secretary to the                       supply chain and will connect those
                                                    aforementioned public interest factors                  Commission and must include a full                     standards to tools for identifying
                                                    in the context of this investigation.                   statement of the reasons why the                       legitimate companies (i.e., those
                                                       If the Commission orders some form                   Commission should grant such                           companies not associated with
                                                    of remedy, the U.S. Trade                               treatment. See 19 CFR 201.6. Documents                 fraudulent conduct) and fraudulent
                                                    Representative, as delegated by the                     for which confidential treatment by the                activity, including but not limited to,
                                                    President, has 60 days to approve or                    Commission is properly sought will be                  market participant submissions to TAG
                                                    disapprove the Commission’s action.                     treated accordingly. A redacted non-                   of domain names involved with known
                                                    During this period, the subject articles                confidential version of the document                   fraudulent conduct which will be
                                                    would be entitled to enter the United                   must also be filed simultaneously with                 curated into a frequently updated list.
                                                    States under bond, in an amount                         any confidential filing. All non-                      TAG’s anti-piracy standards will
                                                    determined by the Commission and                        confidential written submissions will be               involve the validation of digital
                                                    prescribed by the Secretary of the                      available for public inspection at the                 advertising assurance providers (and
                                                    Treasury. The Commission is therefore                   Office of the Secretary and on EDIS.                   others who enter the market) to ensure
                                                    interested in receiving submissions                        The authority for the Commission’s                  they effectively provide the services
                                                    concerning the amount of the bond that                  determination is contained in section                  they purport to offer. TAG will also
                                                    should be imposed if a remedy is                        337 of the Tariff Act of 1930, as                      develop standards to increase
                                                    ordered.                                                amended (19 U.S.C. 1337), and in part                  transparency in the digital advertising
                                                       Written Submissions: Parties to the                  210 of the Commission’s Rules of                       supply chain through guidelines
                                                    investigation, interested government                                                                           concerning programmatic selling, as
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Practice and Procedure (19 CFR part
                                                    agencies, and any other interested                      210).                                                  well as the disclosure of information
                                                    parties are encouraged to file written                                                                         between buyers and sellers. TAG’s
                                                                                                              By order of the Commission.
                                                    submissions on the issues of remedy,                                                                           standards development activity will also
                                                                                                              Issued: June 24, 2015.
                                                    the public interest, and bonding. Canon                                                                        include guidance for market
                                                                                                            Lisa R. Barton,
                                                    and the IA are also requested to submit                                                                        participants to address the problem of
                                                    proposed remedial orders for the                        Secretary to the Commission.                           malware by setting best practices and
                                                    Commission’s consideration. Canon is                    [FR Doc. 2015–15970 Filed 6–29–15; 8:45 am]            sharing malware data for curation by
                                                    further requested to provide the                        BILLING CODE 7020–02–P                                 TAG, as well as identification and


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Document Created: 2018-02-22 11:16:40
Document Modified: 2018-02-22 11:16:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMichael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205-3115. 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 http://www.usitc.gov . The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http:// 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.
FR Citation80 FR 37299 

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