80 FR 52791 - Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 169 (September 1, 2015)
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52791-52792 | |
| FR Document | 2015-21575 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Notices] [Pages 52791-52792] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21575] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-965] Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 16, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of SawStop, LLC of Tualatin, Oregon and SD3, LLC of Tualatin, Oregon. An amended [[Page 52792]] complaint was filed on July 30, 2015. The amended 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 table saws incorporating active injury mitigation technology and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,225,712 (``the '712 patent''); U.S. Patent No. 7,600,455 (``the '455 patent''); U.S. Patent No. 7,610,836 (``the '836 patent''); U.S. Patent No. 7,895,927 (``the '927 patent''); U.S. Patent No. 8,011,279 (``the '279 patent''); and U.S. Patent No. 8,191,450 (``the '450 patent''). The amended 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 amended complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at 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 amended complaint, the U.S. International Trade Commission, on August 26, 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 table saws incorporating active injury mitigation technology and components thereof by reason of infringement of one or more of claims 8, 9, 11, 15, 18, and 20 of the '712 patent; claims 1, 5, 7, 10, 13-16, and 18-20 of the '455 patent; claims 1, 5, and 16 of the '836 patent; claims 7, 8, and 10-12 of the '927 patent; claims 1, 5, 6, 10-14, 16, and 17 of the '279 patent; and claims 1, 2, 4, 6, 9, and 11 of the '450 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: SawStop, LLC, 9564 SW. Tualatin Road, Tualatin, OR 97062. SD3, LLC, 9564 SW. Tualatin Road, Tualatin, OR 97062. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Robert Bosch Tool Corporation, 1800 Central Road, Mount Prospect, IL 60056. Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen- Schillerh[ouml]he, Baden-Wuerttemberg, Germany. (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 amended 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended 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: August 26, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-21575 Filed 8-31-15; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices 52791
exported Subject Merchandise to the firm’s(s’) operations of that product Domestic Like Product that have
United States or other countries after during calendar year 2014 (report occurred in the United States or in the
2009. quantity data in short tons and value market for the Subject Merchandise in
(7) A list of 3–5 leading purchasers in data in U.S. dollars). If you are a trade/ each Subject Country after 2009, and
the U.S. market for the Domestic Like business association, provide the significant changes, if any, that are
Product and the Subject Merchandise information, on an aggregate basis, for likely to occur within a reasonably
(including street address, World Wide the firms which are members of your foreseeable time. Supply conditions to
Web address, and the name, telephone association. consider include technology;
number, fax number, and Email address (a) The quantity and value (landed, production methods; development
of a responsible official at each firm). duty-paid but not including efforts; ability to increase production
(8) A list of known sources of antidumping duties) of U.S. imports (including the shift of production
information on national or regional and, if known, an estimate of the facilities used for other products and the
prices for the Domestic Like Product or percentage of total U.S. imports of use, cost, or availability of major inputs
the Subject Merchandise in the U.S. or Subject Merchandise from each Subject into production); and factors related to
other markets. Country accounted for by your firm’s(s’) the ability to shift supply among
(9) If you are a U.S. producer of the imports; different national markets (including
Domestic Like Product, provide the (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign
following information regarding your port, including antidumping duties) of markets or changes in market demand
firm’s operations of that product during U.S. commercial shipments of Subject abroad). Demand conditions to consider
calendar year 2014, except as noted Merchandise imported from each include end uses and applications; the
(report quantity data in short tons and Subject Country; and existence and availability of substitute
value data in U.S. dollars, f.o.b. plant). (c) the quantity and value (f.o.b. U.S. products; and the level of competition
If you are a union/worker group or port, including antidumping duties) of among the Domestic Like Product
trade/business association, provide the U.S. internal consumption/company produced in the United States, Subject
information, on an aggregate basis, for transfers of Subject Merchandise Merchandise produced in each Subject
the firms in which your workers are imported from each Subject Country. Country, and such merchandise from
employed/which are members of your (11) If you are a producer, an exporter,
other countries.
association. or a trade/business association of (13) (OPTIONAL) A statement of
(a) Production (quantity) and, if producers or exporters of the Subject whether you agree with the above
known, an estimate of the percentage of Merchandise in any Subject Country, definitions of the Domestic Like Product
total U.S. production of the Domestic provide the following information and Domestic Industry; if you disagree
Like Product accounted for by your regarding your firm’s(s’) operations of with either or both of these definitions,
firm’s(s’) production; that product during calendar year 2014 please explain why and provide
(b) Capacity (quantity) of your firm to (report quantity data in short tons and alternative definitions.
produce the Domestic Like Product (i.e., value data in U.S. dollars, landed and
the level of production that your duty-paid at the U.S. port but not Authority: This proceeding is being
establishment(s) could reasonably have including antidumping duties). If you conducted under authority of Title VII of the
Tariff Act of 1930; this notice is published
expected to attain during the year, are a trade/business association, provide
pursuant to § 207.61 of the Commission’s
assuming normal operating conditions the information, on an aggregate basis, rules.
(using equipment and machinery in for the firms which are members of your
place and ready to operate), normal association. By order of the Commission.
operating levels (hours per week/weeks (a) Production (quantity) and, if Issued: August 21, 2015.
per year), time for downtime, known, an estimate of the percentage of Lisa R. Barton,
maintenance, repair, and cleanup, and a total production of Subject Merchandise Secretary to the Commission.
typical or representative product mix); in each Subject Country accounted for [FR Doc. 2015–21218 Filed 8–31–15; 8:45 am]
(c) the quantity and value of U.S. by your firm’s(s’) production; BILLING CODE 7020–02–P
commercial shipments of the Domestic (b) Capacity (quantity) of your firm(s)
Like Product produced in your U.S. to produce the Subject Merchandise in
plant(s); each Subject Country (i.e., the level of INTERNATIONAL TRADE
(d) the quantity and value of U.S. production that your establishment(s) COMMISSION
internal consumption/company could reasonably have expected to
[Investigation No. 337–TA–965]
transfers of the Domestic Like Product attain during the year, assuming normal
produced in your U.S. plant(s); and operating conditions (using equipment Certain Table Saws Incorporating
(e) the value of (i) net sales, (ii) cost and machinery in place and ready to Active Injury Mitigation Technology
of goods sold (COGS), (iii) gross profit, operate), normal operating levels (hours and Components Thereof; Institution
(iv) selling, general and administrative per week/weeks per year), time for of Investigation
(SG&A) expenses, and (v) operating downtime, maintenance, repair, and
income of the Domestic Like Product cleanup, and a typical or representative AGENCY: U.S. International Trade
produced in your U.S. plant(s) (include product mix); and Commission.
both U.S. and export commercial sales, (c) the quantity and value of your ACTION: Notice.
internal consumption, and company firm’s(s’) exports to the United States of
mstockstill on DSK4VPTVN1PROD with NOTICES
transfers) for your most recently Subject Merchandise and, if known, an SUMMARY: Notice is hereby given that a
completed fiscal year (identify the date estimate of the percentage of total complaint was filed with the U.S.
on which your fiscal year ends). exports to the United States of Subject International Trade Commission on July
(10) If you are a U.S. importer or a Merchandise from each Subject Country 16, 2015, under section 337 of the Tariff
trade/business association of U.S. accounted for by your firm’s(s’) exports. Act of 1930, as amended, 19 U.S.C.
importers of the Subject Merchandise (12) Identify significant changes, if 1337, on behalf of SawStop, LLC of
from any Subject Country, provide the any, in the supply and demand Tualatin, Oregon and SD3, LLC of
following information regarding your conditions or business cycle for the Tualatin, Oregon. An amended
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![52792 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices
complaint was filed on July 30, 2015. (1) Pursuant to subsection (b) of be granted unless good cause therefor is
The amended complaint alleges section 337 of the Tariff Act of 1930, as shown.
violations of section 337 based upon the amended, an investigation be instituted Failure of a respondent to file a timely
importation into the United States, the to determine whether there is a response to each allegation in the
sale for importation, and the sale within violation of subsection (a)(1)(B) of amended complaint and in this notice
the United States after importation of section 337 in the importation into the may be deemed to constitute a waiver of
certain table saws incorporating active United States, the sale for importation, the right to appear and contest the
injury mitigation technology and or the sale within the United States after allegations of the amended complaint
components thereof by reason of importation of certain table saws and this notice, and to authorize the
infringement of certain claims of U.S. incorporating active injury mitigation administrative law judge and the
Patent No. 7,225,712 (‘‘the ’712 patent’’); technology and components thereof by Commission, without further notice to
U.S. Patent No. 7,600,455 (‘‘the ’455 reason of infringement of one or more of the respondent, to find the facts to be as
patent’’); U.S. Patent No. 7,610,836 (‘‘the claims 8, 9, 11, 15, 18, and 20 of the alleged in the amended complaint and
’836 patent’’); U.S. Patent No. 7,895,927 ’712 patent; claims 1, 5, 7, 10, 13–16, this notice and to enter an initial
(‘‘the ’927 patent’’); U.S. Patent No. and 18–20 of the ’455 patent; claims 1, determination and a final determination
8,011,279 (‘‘the ’279 patent’’); and U.S. 5, and 16 of the ’836 patent; claims 7, containing such findings, and may
Patent No. 8,191,450 (‘‘the ’450 patent’’). 8, and 10–12 of the ’927 patent; claims result in the issuance of an exclusion
The amended complaint further alleges 1, 5, 6, 10–14, 16, and 17 of the ’279 order or a cease and desist order or both
that an industry in the United States patent; and claims 1, 2, 4, 6, 9, and 11 directed against the respondent.
exists as required by subsection (a)(2) of of the ’450 patent, and whether an By order of the Commission.
section 337. industry in the United States exists as Issued: August 26, 2015.
The complainants request that the required by subsection (a)(2) of section Lisa R. Barton,
Commission institute an investigation 337;
Secretary to the Commission.
and, after the investigation, issue a (2) For the purpose of the
[FR Doc. 2015–21575 Filed 8–31–15; 8:45 am]
limited exclusion order and cease and investigation so instituted, the following
BILLING CODE 7020–02–P
desist orders. are hereby named as parties upon which
ADDRESSES: The amended complaint,
this notice of investigation shall be
except for any confidential information served:
INTERNATIONAL TRADE
contained therein, is available for (a) The complainants are:
COMMISSION
inspection during official business SawStop, LLC, 9564 SW. Tualatin Road,
Tualatin, OR 97062. [Investigation No. 337–TA–930]
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S. SD3, LLC, 9564 SW. Tualatin Road, Certain Laser Abraded Denim
International Trade Commission, 500 E Tualatin, OR 97062. Garments; Commission Decision Not
Street SW., Room 112, Washington, DC (b) The respondents are the following To Review an Initial Determination
20436, telephone (202) 205–2000. entities alleged to be in violation of Granting a Motion To Intervene
Hearing impaired individuals are section 337, and are the parties upon
advised that information on this matter which the amended complaint is to be AGENCY: U.S. International Trade
can be obtained by contacting the served: Commission.
Commission’s TDD terminal on (202) ACTION: Notice.
Robert Bosch Tool Corporation, 1800
205–1810. Persons with mobility Central Road, Mount Prospect, IL
impairments who will need special SUMMARY: Notice is hereby given that
60056. the U.S. International Trade
assistance in gaining access to the Robert Bosch GmbH, Robert-Bosch-Platz
Commission should contact the Office Commission has determined not to
1, 70839 Gerlingen-Schillerhöhe, review the presiding administrative law
of the Secretary at (202) 205–2000. Baden-Wuerttemberg, Germany.
General information concerning the judge’s (‘‘ALJ’’) initial determination
Commission may also be obtained by (3) For the investigation so instituted, (‘‘ID’’) (Order No. 82) granting Dentons
accessing its Internet server at http:// the Chief Administrative Law Judge, US LLP (‘‘Dentons’’) leave to intervene
www.usitc.gov. The public record for U.S. International Trade Commission, for the sole purpose of seeking
this investigation may be viewed on the shall designate the presiding reconsideration and/or Commission
Commission’s electronic docket (EDIS) Administrative Law Judge. review of Order No. 43 in the above-
at http://edis.usitc.gov. The Office of Unfair Import captioned investigation.
Investigations will not participate as a FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT: The
party in this investigation. Sidney A. Rosenzweig, Office of the
Office of the Secretary, Docketing Responses to the amended complaint General Counsel, U.S. International
Services Division, U.S. International and the notice of investigation must be Trade Commission, 500 E Street SW.,
Trade Commission, telephone (202) submitted by the named respondents in Washington, DC 20436, telephone (202)
205–1802. accordance with section 210.13 of the 708–2532. Copies of non-confidential
Authority: The authority for Commission’s Rules of Practice and documents filed in connection with this
institution of this investigation is Procedure, 19 CFR 210.13. Pursuant to investigation are or will be available for
contained in section 337 of the Tariff 19 CFR 201.16(e) and 210.13(a), such inspection during official business
Act of 1930, as amended, and in section
mstockstill on DSK4VPTVN1PROD with NOTICES
responses will be considered by the hours (8:45 a.m. to 5:15 p.m.) in the
210.10 of the Commission’s Rules of Commission if received not later than 20 Office of the Secretary, U.S.
Practice and Procedure, 19 CFR 210.10 days after the date of service by the International Trade Commission, 500 E
(2015). Commission of the amended complaint Street SW., Washington, DC 20436,
SCOPE OF INVESTIGATION: Having and the notice of investigation. telephone (202) 205–2000. General
considered the amended complaint, the Extensions of time for submitting information concerning the Commission
U.S. International Trade Commission, responses to the amended complaint may also be obtained by accessing its
on August 26, 2015, ORDERED THAT— and the notice of investigation will not Internet server at http://www.usitc.gov.
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Document Created: 2018-02-26 10:04:31
Document Modified: 2018-02-26 10:04:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | The Office of the Secretary, Docketing Services Division, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 80 FR 52791 |
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