80 FR 53567 - Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation; Certain Toner Cartridges and Components Thereof

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range		53567-53568
FR Document		2015-21962

Notice is hereby given that the U.S. International Trade Commission has determined to issue: (1) a general exclusion order barring entry of certain toner cartridges and components thereof that infringe certain patents asserted in this investigation; and (2) cease and desist orders directed against certain domestic defaulting respondents. The Commission has terminated this investigation.

Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53567-53568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21962]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-918]


Issuance of a General Exclusion Order and Cease and Desist 
Orders; Termination of Investigation; Certain Toner Cartridges and 
Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue: (1) a general exclusion order 
barring entry of certain toner cartridges and components thereof that 
infringe certain patents asserted in this investigation; and (2) cease 
and desist orders directed against certain domestic defaulting 
respondents. The Commission has terminated this investigation.

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.

[[Page 53568]]

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 Japan; Canon U.S.A., Inc. of Melville, New York; and 
Canon Virginia, Inc. of Newport News, Virginia (collectively, 
``Canon''). 79 FR 33777-78 (June 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 the 
following patents: (1) the `744 patent; (2) the `640 patent; (3) the 
`085 patent; and (4) the `304 patent.
    During the investigation, the ALJ issued initial determinations 
(``IDs'') terminating the investigation based on consent orders as to 
fifteen respondents:, Print-Rite Holdings Ltd.; Print-Rite N.A., Inc.; 
Union Technology Int'l (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 another 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).
    The ALJ also issued IDs finding the following ten respondents in 
default: Acecom, Inc. -San Antonio of San Antonio, Texas; ACM 
Technologies, Inc. of Corona, California; Shenzhen ASTA Official 
Consumable Co., Ltd. of Longgang District, Shenzhen, China; Do It Wiser 
LLC of Alpharetta, Georgia; Grand Image Inc. of City of Industry, 
California; Green Project, Inc. of Hacienda Heights, California; 
Nectron International, Inc. of Sugar Land, Texas; Online Tech Stores, 
LLC of Reno, Nevada; Printronic Corporation of Santa Ana, California; 
and Zinyaw LLC of Houston, Texas. See Order Nos. 6 (not reviewed Aug. 
25, 2014), 12 (not reviewed Oct. 1, 2014), 15 (not reviewed Nov. 17, 
2014).
    The remaining five named respondents are Aster Graphics, Inc. of 
Placentia, California; Jiangxi Yibo E-Tech Co., Ltd. of Xinyu City, 
Jiangxi, China; Aster Graphics Co., Ltd. of Zhongshan, Guangdong, 
China; The Supplies Guys, LLC of Midland Park, New Jersey; and American 
Internet Holdings, LLC of Midland Park, New Jersey. 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).
    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 determined to affirm the ALJ's finding of a 
violation of section 337. The Commission also determined to review, and 
on review, to strike or modify certain portions of the ID. Furthermore, 
the Commission requested briefing on the issues of remedy, the public 
interest and bonding. See 80 FR 37299-301 (June 30, 2015). Canon and 
the Commission investigative attorney filed timely submissions pursuant 
to the Commission's Notice. No other parties filed any submissions in 
response to the Commission's Notice.
    Having reviewed the submissions filed in response to the 
Commission's Notice and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation is 
a general exclusion order barring entry of certain toner cartridges and 
components thereof covered by one or more of claims 160, 165, and 166 
of the `278 patent; claims 171, 176, 179, 181, 189, 192, and 200 of the 
`564 patent; claims 23, 26, 27, and 29 of the `215 patent; claims 1-4 
of the `090 patent; and claims 1, 7-9, 11, 12, and 34 of the `008 
patent. The Commission has also determined to issue cease and desist 
orders directed against Acecom, Inc.-San Antonio; Do It Wiser LLC; 
Grand Image Inc.; Green Project, Inc.; Nectron International, Inc.; 
Online Tech Stores, LLC; Printronic Corporation; and Zinyaw LLC. The 
Commission has further determined that the public interest factors 
enumerated in subsections (d)(l), (f)(1), and (g)(1) (19 U.S.C. 
1337(d)(l), (f)(1), (g)(1)) do not preclude issuance of the general 
exclusion order and cease and desist orders. Additionally, the 
Commission has determined that a bond in the amount of one hundred 
(100) percent of the entered value is required to permit temporary 
importation of the articles in question during the period of 
Presidential review (19 U.S.C. 1337(j)). The Commission has also issued 
an opinion explaining the basis for the remedy. The investigation is 
terminated.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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: August 31, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-21962 Filed 9-3-15; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 53567

accumulations. Respondents are OCS oil and gas activities and State ongoing assessment, BOEM has
requested to indicate interest in, and Coastal Management Programs (CMPs) determined that the status of existing
comment on, any or all of the Federal that may result from the proposed sales. and extensive data available for
acreage within the boundaries of the These comments should identify planning, analysis, and decision making
proposed GOM sale area that they wish specific CMP policies of concern, the is adequate.
to have included in each of the nature of the conflict foreseen, and the An extensive environmental studies
proposed lease sales in the proposed proposed means to avoid or mitigate program has been underway in the GOM
GOM sale area. potential conflicts. Comments may refer since 1973. The emphasis, including
Respondents indicating their interest to both broad areas or to particular
continuing studies, has been on
should outline the areas of interest blocks.
along block lines and rank the areas in environmental characterization of
which they have expressed interest 6. Information From Call biologically sensitive habitats, physical
according to their interest priority (e.g., Information submitted in response to oceanography, ocean-circulation
priority 1 [high], 2 [medium], or 3 this Call will be used for several modeling, and ecological effects of oil
[low]), specifically indicating blocks by purposes, including identifying and and gas activities.
priority. Areas where interest has been prioritizing areas with potential for oil A complete listing of available study
indicated, but on which respondents and gas development, as well as reports and information for ordering
have not indicated priorities, will be determining possible environmental copies can be obtained from the Public
considered priority 3 (low). effects to be further evaluated and Information Office referenced above.
Respondents also may nominate a list potential conflicts in the Call area. The reports also may be ordered, for a
of blocks identified by Official BOEM will analyze the areas nominated fee, from the U.S. Department of
Protraction Diagram (OPD) and Leasing in the proposed sales, their respective Commerce, National Technical
Map designations to ensure correct rankings, and the comments received to Information Service, 5301 Shawnee
interpretation of those nominations. A make a preliminary determination of the Road, Alexandria, Virginia 22312, or by
CD–ROM containing all the GOM potential advantages and disadvantages telephone at (703) 605–6000 or (800)
leasing maps and OPDs is available from of oil and gas exploration and 553–6847. In addition, a program status
the BOEM Gulf of Mexico OCS Region development to the region and the report for continuing studies in this area
Public Information Office. These GOM Nation. Comments collected may be can be obtained from the Chief,
leasing maps and OPDs also are used to develop proposed actions and Environmental Sciences Section, Bureau
available for free online at http:// alternatives in the EIS process, to of Ocean Energy Management, Gulf of
www.boem.gov/Official-Protraction- develop lease terms and conditions to Mexico OCS Region, 1201 Elmwood
Diagrams/. Also, BOEM seeks ensure safe offshore operations, and to Park Boulevard, New Orleans, Louisiana
comments from all interested parties assess potential conflicts between 70123–2394, by telephone at (504) 736–
about particular geological, offshore oil and gas activities and a 2752, or via the BOEM Web site at
environmental (including natural State’s CMP. http://www.boem.gov/Studies/. Finally,
disasters), biological, archaeological, this information can be found on
and socioeconomic conditions or 7. Existing Information
BOEM’s Environmental Studies Program
conflicts, or other information that BOEM routinely assesses the status of Information System (ESPIS) at http://
could affect the potential leasing and information acquisition efforts and the www.boem.gov/Environmental-Studies-
development of particular areas. quality of the information base for EnvData/.
Additionally, BOEM seeks comments potential decisions on tentatively
about possible conflicts between future scheduled lease sales. As a result of this 8. Tentative Schedule

Milestones for proposed 2017–2022 region-wide GOM area identification Scheduled for

Call for Information and Nominations .................................................................................................................................... September 2015.
Comments received on Call .................................................................................................................................................. September–October
2015.
Area Identification Decision ................................................................................................................................................... Fall 2015.

Dated: September 1, 2015. INTERNATIONAL TRADE of certain toner cartridges and
Abigail Ross Hopper, COMMISSION components thereof that infringe certain
Director, Bureau of Ocean Energy patents asserted in this investigation;
[Investigation No. 337–TA–918] and (2) cease and desist orders directed
Management.
[FR Doc. 2015–22073 Filed 9–3–15; 8:45 am] against certain domestic defaulting
Issuance of a General Exclusion Order respondents. The Commission has
BILLING CODE 4310–MR–P and Cease and Desist Orders; terminated this investigation.
Termination of Investigation; Certain
FOR FURTHER INFORMATION CONTACT:
Toner Cartridges and Components
Michael Liberman, Esq., Office of the
Thereof
General Counsel, U.S. International
mstockstill on DSK4VPTVN1PROD with NOTICES

AGENCY: U.S. International Trade Trade Commission, 500 E Street SW.,
Commission. Washington, DC 20436, telephone (202)
ACTION: Notice. 205–3115. Copies of non-confidential
documents filed in connection with this
SUMMARY: Notice is hereby given that investigation are or will be available for
the U.S. International Trade inspection during official business
Commission has determined to issue: (1) hours (8:45 a.m. to 5:15 p.m.) in the
a general exclusion order barring entry Office of the Secretary, U.S.

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53568 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices

International Trade Commission, 500 E ALJ also issued an ID terminating the bonding. See 80 FR 37299–301 (June 30,
Street SW., Washington, DC 20436, investigation based on Canon’s 2015). Canon and the Commission
telephone (202) 205–2000. General withdrawal of allegations as to two investigative attorney filed timely
information concerning the Commission respondents, Seine Image Int’l Co., Ltd. submissions pursuant to the
may also be obtained by accessing its and Ninestar Image Tech, Ltd. See ALJ Commission’s Notice. No other parties
Internet server at http://www.usitc.gov. Order No. 4 (not reviewed Aug. 1, 2014). filed any submissions in response to the
The public record for this investigation Likewise, the ALJ issued another ID Commission’s Notice.
may be viewed on the Commission’s terminating the investigation as to Having reviewed the submissions
electronic docket (EDIS) at http:// respondent Seine Image (USA) Co., Ltd.
filed in response to the Commission’s
edis.usitc.gov. Hearing-impaired due to the corporate dissolution of the
Notice and the evidentiary record, the
persons are advised that information on respondent. See ALJ Order No. 27 (not
Commission has determined that the
this matter can be obtained by reviewed Apr. 1, 2015).
The ALJ also issued IDs finding the appropriate form of relief in this
contacting the Commission’s TDD investigation is a general exclusion
terminal on (202) 205–1810. following ten respondents in default:
Acecom, Inc. -San Antonio of San order barring entry of certain toner
SUPPLEMENTARY INFORMATION: The cartridges and components thereof
Commission instituted this investigation Antonio, Texas; ACM Technologies, Inc.
of Corona, California; Shenzhen ASTA covered by one or more of claims 160,
under section 337 of the Tariff Act of 165, and 166 of the ‘278 patent; claims
1930, as amended, 19 U.S.C. 1337 Official Consumable Co., Ltd. of
Longgang District, Shenzhen, China; Do 171, 176, 179, 181, 189, 192, and 200 of
(‘‘Section 337’’), on June 12, 2014, based the ‘564 patent; claims 23, 26, 27, and
It Wiser LLC of Alpharetta, Georgia;
on a complaint filed by Canon Inc. of 29 of the ‘215 patent; claims 1–4 of the
Grand Image Inc. of City of Industry,
Japan; Canon U.S.A., Inc. of Melville, ‘090 patent; and claims 1, 7–9, 11, 12,
California; Green Project, Inc. of
New York; and Canon Virginia, Inc. of and 34 of the ‘008 patent. The
Hacienda Heights, California; Nectron
Newport News, Virginia (collectively, Commission has also determined to
International, Inc. of Sugar Land, Texas;
‘‘Canon’’). 79 FR 33777–78 (June 12, issue cease and desist orders directed
Online Tech Stores, LLC of Reno,
2014). The complaint alleges a violation against Acecom, Inc.-San Antonio; Do It
Nevada; Printronic Corporation of Santa
of section 337 by reason of infringement Wiser LLC; Grand Image Inc.; Green
Ana, California; and Zinyaw LLC of
of certain claims of U.S. Patent Nos. Project, Inc.; Nectron International, Inc.;
Houston, Texas. See Order Nos. 6 (not
8,280,278 (‘‘the ‘278 patent’’); 8,630,564 reviewed Aug. 25, 2014), 12 (not Online Tech Stores, LLC; Printronic
(‘‘the ‘564 patent’’); 8,682,215 (‘‘the ‘215 reviewed Oct. 1, 2014), 15 (not reviewed Corporation; and Zinyaw LLC. The
patent’’); 8,676,090 (‘‘the ‘090 patent’’); Nov. 17, 2014). Commission has further determined that
8,369,744 (‘‘the ‘744 patent’’); 8,565,640 The remaining five named the public interest factors enumerated in
(‘‘the ‘640 patent’’); 8,676,085 (‘‘the ‘085 respondents are Aster Graphics, Inc. of subsections (d)(l), (f)(1), and (g)(1) (19
patent’’); 8,135,304 (‘‘the ‘304 patent’’); Placentia, California; Jiangxi Yibo E- U.S.C. 1337(d)(l), (f)(1), (g)(1)) do not
and 8,688,008 (‘‘the ‘008 patent’’). Id. Tech Co., Ltd. of Xinyu City, Jiangxi, preclude issuance of the general
The notice of investigation named China; Aster Graphics Co., Ltd. of exclusion order and cease and desist
thirty-three companies as respondents. Zhongshan, Guangdong, China; The orders. Additionally, the Commission
Id. The Commission’s Office of Unfair Supplies Guys, LLC of Midland Park, has determined that a bond in the
Import Investigations was also named as New Jersey; and American Internet amount of one hundred (100) percent of
a party. Subsequently, the investigation Holdings, LLC of Midland Park, New the entered value is required to permit
was partially terminated based on Jersey. Each of them has acknowledged temporary importation of the articles in
withdrawal of the complaint as to all and stipulated that it has failed to act question during the period of
asserted claims of the following patents: within the meaning of Commission Rule Presidential review (19 U.S.C. 1337(j)).
(1) the ‘744 patent; (2) the ‘640 patent; 210.17, at least because it failed to file The Commission has also issued an
(3) the ‘085 patent; and (4) the ‘304 a prehearing statement and brief in opinion explaining the basis for the
patent. accordance with the Procedural remedy. The investigation is terminated.
During the investigation, the ALJ Schedule (Order No. 9), and that it
issued initial determinations (‘‘IDs’’) The Commission’s orders and the
therefore has no standing to contest
terminating the investigation based on record upon which it based its
Canon’s evidence and arguments that it
consent orders as to fifteen determination were delivered to the
has violated section 337 of the Tariff Act
respondents:, Print-Rite Holdings Ltd.; President and to the United States Trade
of 1930, as amended, 19 U.S.C. 1337.
Print-Rite N.A., Inc.; Union Technology Representative on the day of their
See Stipulation Regarding the Status of
Int’l (M.C.O.) Co. Ltd.; Print-Rite issuance. The Commission has also
the Aster and Supplies Guys
Unicorn Image Products Co. Ltd.; notified the Secretary of the Treasury of
Respondents (Feb. 26, 2015).
Innotex Precision Ltd.; Ninestar Image On May 12, 2015, the ALJ issued an the orders.
Tech Limited; Zhuhai Seine Technology ID (Order No. 34) granting Canon’s The authority for the Commission’s
Co., Ltd.; Ninestar Technology motion for summary determination of determination is contained in section
Company, Ltd.; Seine Tech (USA) Co., violation and recommending the 337 of the Tariff Act of 1930, as
Ltd.; Nano Pacific Corporation; issuance of a general exclusion order amended (19 U.S.C. 1337), and in Part
International Laser Group, Inc.; Ink and several cease and desist orders. No 210 of the Commission’s Rules of
Technologies Printer Supplies, LLC; LD party petitioned for review of the ID. Practice and Procedure (19 CFR part
mstockstill on DSK4VPTVN1PROD with NOTICES

Products, Inc.; Linkyo Corporation; and The Commission determined to affirm 210).
Katun Corporation. See ALJ Order Nos. the ALJ’s finding of a violation of By order of the Commission.
13 (not reviewed Nov. 4, 2014), 16 (not section 337. The Commission also Issued: August 31, 2015.
reviewed Nov. 24, 2014), 28 (not determined to review, and on review, to
Lisa R. Barton,
reviewed Apr. 3, 2015), 29 (not reviewed strike or modify certain portions of the
Apr. 3, 2015), 30 (not reviewed Apr. 3, ID. Furthermore, the Commission Secretary to the Commission.
2015), 31 (not reviewed Apr. 3, 2015), requested briefing on the issues of [FR Doc. 2015–21962 Filed 9–3–15; 8:45 am]
and 32 (not reviewed Apr. 3, 2015). The remedy, the public interest and BILLING CODE 7020–02–P

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Document Created: 2015-12-15 09:58:21
Document Modified: 2015-12-15 09:58:21

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		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.
FR Citation		80 FR 53567