80_FR_42255 80 FR 42119 - Certain Toner Supply Containers and Components Thereof; Institution of Investigation

80 FR 42119 - Certain Toner Supply Containers and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42119-42120
FR Document2015-17370

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 12, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York; and Canon Virginia, Inc. of Newport News, Virginia. The complaint 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 toner supply containers and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,909,094 (``the '094 patent'') and U.S. Patent No. 9,046,820 (``the '820 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42119-42120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17370]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-960]


Certain Toner Supply Containers and Components Thereof; 
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 June 12, 2015, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York; and 
Canon Virginia, Inc. of Newport News, Virginia. The complaint 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 toner supply containers and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
8,909,094 (``the '094 patent'') and U.S. Patent No. 9,046,820 (``the 
'820 patent''). The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants 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 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.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docketing 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 9, 2015, 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 toner supply 
containers and components thereof by reason of infringement of one or 
more of claims 1, 7-9, 11, 16-18, 29, and 38 of the `094 patent and 
claims 1, 7-9, and 16 of the `820 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;

[[Page 42120]]

    (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:

Canon Inc., 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan
Canon U.S.A., Inc., One Canon Park, Melville, NY 11747
Canon Virginia, Inc., 12000 Canon Boulevard, Newport News, VA 23606

    (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:

General Plastic Industrial Co., Ltd., 50 Tzu-Chiang Road, Wu-Chi Town, 
Taichung County, Taiwan
Color Imaging, Inc., 4350 Peachtree Industrial Blvd., Suite 100, 
Norcross, GA 30071

    (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: July 10, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-17370 Filed 7-15-15; 8:45 am]
BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices                                               42119

                                              South Vinnell Way, Boise, Idaho 83709–                     This survey was executed at the                     of U.S. Patent No. 8,909,094 (‘‘the ’094
                                              1657.                                                    request of the U.S. Fish and Wildlife                 patent’’) and U.S. Patent No. 9,046,820
                                              SUPPLEMENTARY INFORMATION: These                         Service to meet their administrative                  (‘‘the ’820 patent’’). The complaint
                                              surveys were executed at the request of                  needs. The lands surveyed are:                        further alleges that an industry in the
                                              the Bureau of Land Management to meet                      The plat representing the dependent                 United States exists as required by
                                              their administrative needs. The lands                    resurvey of portions of the east                      subsection (a)(2) of section 337.
                                              surveyed are: The plat representing the                  boundary and subdivisional lines and                     The complainants request that the
                                              dependent resurvey of portions of the                    subdivision of sections 25 and 26, T. 7               Commission institute an investigation
                                              west and north boundaries, and the                       N., R. 35 E., of the Boise Meridian,                  and, after the investigation, issue a
                                              subdivision of section 6, T. 49 N., R. 2                 Idaho, Group Number 1405, was                         limited exclusion order and cease and
                                              W., Boise Meridian, Idaho, Group                         accepted April 21, 2015.                              desist orders.
                                              Number 1371, was accepted May 6,                           This survey was executed at the                     ADDRESSES: The complaint, except for
                                              2015.                                                    request of the United States Air Force,               any confidential information contained
                                                 The plat representing the dependent                   Mountain Home Air Force Base to meet                  therein, is available for inspection
                                              resurvey of a portion of the                             their administrative needs. The lands                 during official business hours (8:45 a.m.
                                              subdivisional lines, and the subdivision                 surveyed are: The supplemental plat                   to 5:15 p.m.) in the Office of the
                                              of section 1 and the metes-and-bounds                    was prepared to show new lots 1                       Secretary, U.S. International Trade
                                              surveys of Tracts 37 and 38, T. 49 N.,                   through 7 in sec. 10, T. 4 S., R. 5 E.,               Commission, 500 E Street SW., Room
                                              R. 3 W., Boise Meridian, Idaho, Group                    Boise Meridian, Idaho, Group Number                   112, Washington, DC 20436, telephone
                                              Number 1371, was accepted May 6,                         1440, was accepted June 29, 2015.                     (202) 205–2000. Hearing impaired
                                              2015.                                                      This survey was executed at the
                                                                                                                                                             individuals are advised that information
                                                 The plat representing the dependent                   request of the U.S.D.A. Forest Service to
                                                                                                                                                             on this matter can be obtained by
                                              resurvey of a portion of the                             meet their administrative needs. The
                                                                                                                                                             contacting the Commission’s TDD
                                              subdivisional lines, and the subdivision                 lands surveyed are:
                                                                                                         The plat representing the dependent                 terminal on (202) 205–1810. Persons
                                              of section 31, T. 50 N., R. 2 W., Boise                                                                        with mobility impairments who will
                                                                                                       resurvey of a portion of the
                                              Meridian, Idaho, Group Number 1371,                                                                            need special assistance in gaining access
                                                                                                       subdivisional lines and the adjusted
                                              was accepted May 6, 2015.                                                                                      to the Commission should contact the
                                                                                                       1901 meanders of the left bank of the
                                                 The supplemental plat in sec. 22, T.                                                                        Office of the Secretary at (202) 205–
                                                                                                       Buffalo River in section 27, and the
                                              13 N., R. 38 E., Boise Meridian, Idaho,                                                                        2000. General information concerning
                                                                                                       subdivision of section 27, and a metes-
                                              Group Number 1311, was prepared to                                                                             the Commission may also be obtained
                                                                                                       and-bounds survey in section 27, T. 13
                                              show amended distances was accepted                                                                            by accessing its internet server at
                                                                                                       N., R. 43 E., of the Boise Meridian,
                                              June 18, 2015. The plat constituting the                                                                       http://www.usitc.gov. The public record
                                                                                                       Idaho, Group Number 1421, was
                                              entire survey record of the dependent                                                                          for this investigation may be viewed on
                                                                                                       accepted June 30, 2015.
                                              resurvey of portions of Mineral Survey                                                                         the Commission’s electronic docket
                                              Number 1483 and subdivision of section                   Jeff A. Lee,                                          (EDIS) at http://edis.usitc.gov.
                                              23, and a metes-and-bounds survey in                     Acting Chief Cadastral Surveyor for Idaho.            FOR FURTHER INFORMATION CONTACT: The
                                              section 23, T. 6 N., R. 5 E., Boise                      [FR Doc. 2015–17410 Filed 7–15–15; 8:45 am]           Office of the Secretary, Docketing
                                              Meridian, Idaho, Group Number 1413,                      BILLING CODE 4310–GG–P                                Services Division, U.S. International
                                              was accepted June 19, 2015.                                                                                    Trade Commission, telephone (202)
                                                 These surveys were executed at the                                                                          205–1802.
                                              request of the Bureau of Indian Affairs                  INTERNATIONAL TRADE
                                              to meet their administrative needs. The                                                                          Authority: The authority for institution of
                                                                                                       COMMISSION                                            this investigation is contained in section 337
                                              lands surveyed are:                                                                                            of the Tariff Act of 1930, as amended, and
                                                 The plat constituting the entire survey               [Investigation No. 337–TA–960]
                                                                                                                                                             in section 210.10 of the Commission’s Rules
                                              record of the dependent resurvey of a                                                                          of Practice and Procedure, 19 CFR 210.10
                                              portion of the subdivision of section 22,                Certain Toner Supply Containers and
                                                                                                                                                             (2015).
                                              and a metes-and-bounds survey in                         Components Thereof; Institution of
                                              former lot 1, T. 33 N., R. 3 E., Boise                   Investigation                                           Scope of Investigation: Having
                                              Meridian, Idaho, Group Number 1436                       AGENCY: U.S. International Trade                      considered the complaint, the U.S.
                                              was accepted May 14, 2015.                               Commission.                                           International Trade Commission, on
                                                 The plat representing the dependent                   ACTION: Notice.                                       July 9, 2015, ordered that—
                                              resurvey of portions of the Boise                                                                                (1) Pursuant to subsection (b) of
                                              Meridian (east boundary) and                             SUMMARY:   Notice is hereby given that a              section 337 of the Tariff Act of 1930, as
                                              subdivisional lines, and the subdivision                 complaint was filed with the U.S.                     amended, an investigation be instituted
                                              of sections 11, 14, 24, and 26, T. 36 N.,                International Trade Commission on June                to determine whether there is a
                                              R. 1 W., of the Boise Meridian, Idaho,                   12, 2015, under section 337 of the Tariff             violation of subsection (a)(1)(B) of
                                              Group Number 1412, was accepted June                     Act of 1930, as amended, 19 U.S.C.                    section 337 in the importation into the
                                              18, 2015.                                                1337, on behalf of Canon Inc. of Japan;               United States, the sale for importation,
                                                 The plat representing the dependent                   Canon U.S.A., Inc. of Melville, New                   or the sale within the United States after
                                              resurvey of portions of the subdivisional                York; and Canon Virginia, Inc. of                     importation of certain toner supply
                                              lines and subdivision of section 26, and                 Newport News, Virginia. The complaint                 containers and components thereof by
tkelley on DSK3SPTVN1PROD with NOTICES




                                              further subdivision of section 26, and                   alleges violations of section 337 based               reason of infringement of one or more of
                                              the metes-and-bounds survey of the                       upon the importation into the United                  claims 1, 7–9, 11, 16–18, 29, and 38 of
                                              north line of Indian allotment 80E in                    States, the sale for importation, and the             the ‘094 patent and claims 1, 7–9, and
                                              original lot 7 of section 26, T. 36 N., R.               sale within the United States after                   16 of the ‘820 patent, and whether an
                                              4 W., of the Boise Meridian, Idaho,                      importation of certain toner supply                   industry in the United States exists as
                                              Group Number 1408, was accepted June                     containers and components thereof by                  required by subsection (a)(2) of section
                                              24, 2015.                                                reason of infringement of certain claims              337;


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                                              42120                          Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices

                                                (2) For the purpose of the                               Issued: July 10, 2015.                              terminal at 202–205–1810. General
                                              investigation so instituted, the following               Lisa R. Barton,                                       information concerning the Commission
                                              are hereby named as parties upon which                   Secretary to the Commission.                          may also be obtained by accessing its
                                              this notice of investigation shall be                    [FR Doc. 2015–17370 Filed 7–15–15; 8:45 am]           Web site (http://www.usitc.gov). Persons
                                              served:                                                  BILLING CODE 7020–02–P
                                                                                                                                                             with mobility impairments who will
                                                (a) The complainants are:                                                                                    need special assistance in gaining access
                                                                                                                                                             to the Commission should contact the
                                              Canon Inc., 30–2, Shimomaruko 3-                                                                               Office of the Secretary at 202–205–2000.
                                                                                                       INTERNATIONAL TRADE
                                                chome, Ohta-ku, Tokyo 146–8501,
                                                                                                       COMMISSION                                               Background: Advice concerning
                                                Japan
                                                                                                                                                             waiver of competitive need limitations.
                                              Canon U.S.A., Inc., One Canon Park,                      [Investigation No. 332–554]
                                                                                                                                                             In his letter the USTR requested, under
                                                Melville, NY 11747                                                                                           authority delegated by the President,
                                                                                                       Generalized System of Preferences:
                                              Canon Virginia, Inc., 12000 Canon                        Possible Modifications, 2014 Review                   pursuant to section 332(g) of the Tariff
                                                Boulevard, Newport News, VA 23606                                                                            Act of 1930 (19 U.S.C. 1332(g)), and in
                                                                                                       AGENCY:  United States International                  accordance with section 503(d)(1)(A) of
                                                (b) The respondents are the following
                                                                                                       Trade Commission.                                     the Trade Act of 1974 (19 U.S.C.
                                              entities alleged to be in violation of
                                              section 337, and are the parties upon                    ACTION: Notice of institution of                      2463(d)(1)(A)), that the Commission
                                              which the complaint is to be served:                     investigation and opportunity to furnish              provide advice on whether any industry
                                                                                                       information.                                          in the United States is likely to be
                                              General Plastic Industrial Co., Ltd., 50                                                                       adversely affected by a waiver of the
                                                Tzu-Chiang Road, Wu-Chi Town,                          SUMMARY:   Following receipt of a request             competitive need limitations specified
                                                Taichung County, Taiwan                                on June 30, 2015, from the United States              in section 503(c)(2)(A) of the Trade Act
                                              Color Imaging, Inc., 4350 Peachtree                      Trade Representative (USTR), the U.S.                 of 1974 for two articles from Thailand:
                                                Industrial Blvd., Suite 100, Norcross,                 International Trade Commission                        HTS 2008.19.15 (Coconuts, otherwise
                                                GA 30071                                               (Commission) instituted investigation                 prepared or preserved, nesoi) and HTS
                                                                                                       No. 332–554, Generalized System of                    7408.29.10 (Copper alloys (o/than brass,
                                                 (3) For the investigation so instituted,              Preferences: Possible Modifications,
                                              the Chief Administrative Law Judge,                                                                            cupro-nickel or nickel-silver), wire,
                                                                                                       2014 Review, for the purpose of                       coated or plated with metal).
                                              U.S. International Trade Commission,                     providing such advice and information.
                                              shall designate the presiding                                                                                     Pursuant to section 332(g) and in
                                                                                                       DATES: July 30, 2015: Deadline for filing             accordance with section 503(c)(2)(E) of
                                              Administrative Law Judge.
                                                                                                       all written submissions.                              the 1974 Act the USTR also requested
                                                 The Office of Unfair Import                              August 28, 2015: Transmittal of
                                              Investigations will not participate as a                                                                       that the Commission provide its advice
                                                                                                       Commission report to the United States                with respect to whether like or directly
                                              party in this investigation.                             Trade Representative.                                 competitive products were being
                                                 Responses to the complaint and the                    ADDRESSES: All Commission offices,                    produced in the United States on
                                              notice of investigation must be                          including the Commission’s hearing                    January 1, 1995. The USTR also
                                              submitted by the named respondents in                    rooms, are located in the United States               requested that the Commission provide
                                              accordance with section 210.13 of the                    International Trade Commission                        its advice as to the probable economic
                                              Commission’s Rules of Practice and                       Building, 500 E Street SW., Washington,               effect on total U.S. imports, as well as
                                              Procedure, 19 CFR 210.13. Pursuant to                    DC. All written submissions should be                 on consumers, of the requested waivers.
                                              19 CFR 201.16(e) and 210.13(a), such                     addressed to the Secretary, United                       Data relating to certain cotton articles.
                                              responses will be considered by the                      States International Trade Commission,                Pursuant to section 332(g) of the Tariff
                                              Commission if received not later than 20                 500 E Street SW., Washington, DC                      Act of 1930, the USTR requested that
                                              days after the date of service by the                    20436. The public record for this                     the Commission provide data on U.S.
                                              Commission of the complaint and the                      investigation may be viewed on the                    production, imports, exports, and
                                              notice of investigation. Extensions of                   Commission’s electronic docket (EDIS)                 consumption for the period 2012–2014
                                              time for submitting responses to the                     at http://www.usitc.gov/secretary/                    for the following articles: HTS
                                              complaint and the notice of                              edis.htm.                                             5201.00.18 (Cotton, not carded or
                                              investigation will not be granted unless
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      combed, having a staple length under
                                              good cause therefor is shown.
                                                                                                       Information specific to this investigation            28.575 mm (11⁄8 inches), n/harsh or
                                                 Failure of a respondent to file a timely              may be obtained from Cynthia B.                       rough, nesoi), HTS 5201.00.28 (Cotton
                                              response to each allegation in the                       Foreso, Project Leader, Office of                     not carded or combed, harsh or rough,
                                              complaint and in this notice may be                      Industries (202–205–3348 or                           staple length of 29.36875 mm or more
                                              deemed to constitute a waiver of the                     cynthia.foreso@usitc.gov) or Sabina                   but under 34.925 mm & white in color,
                                              right to appear and contest the                          Neumann, Deputy Project Leader, Office                nesoi), HTS 5201.00.38 (Cotton, not
                                              allegations of the complaint and this                    of Industries (202–205–3000 or                        carded or combed, staple length of
                                              notice, and to authorize the                             sabina.neumann@usitc.gov). For                        28.575 mm or more but under 34.925
                                              administrative law judge and the                         information on the legal aspects of this              mm, nesoi), HTS 5202.99.30 (Cotton
                                              Commission, without further notice to                    investigation, contact William Gearhart               card strips made from cotton waste
                                              the respondent, to find the facts to be as               of the Commission’s Office of the                     having staple length under 30.1625 mm
                                              alleged in the complaint and this notice                 General Counsel (202–205–3091 or                      & lap, sliver & roving waste, nesoi), and
                                              and to enter an initial determination
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                       william.gearhart@usitc.gov). The media                HTS 5203.00.30 (Cotton fibers, carded
                                              and a final determination containing                     should contact Margaret O’Laughlin,                   or combed, of cotton fiber processed,
                                              such findings, and may result in the                     Office of External Relations (202–205–                but not spun, nesoi). The USTR
                                              issuance of an exclusion order or a cease                1819 or margaret.olaughlin@usitc.gov).                requested that the Commission, to the
                                              and desist order or both directed against                Hearing-impaired individuals may                      extent practicable, provide the
                                              the respondent.                                          obtain information on this matter by                  requested data separately and
                                                 By order of the Commission.                           contacting the Commission’s TDD                       individually for each U.S. Harmonized


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Document Created: 2015-12-15 13:13:23
Document Modified: 2015-12-15 13:13:23
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.
ContactThe Office of the Secretary, Docketing Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation80 FR 42119 

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