80_FR_56052 80 FR 55872 - Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Commission Determination to Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding

80 FR 55872 - Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Commission Determination to Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 180 (September 17, 2015)

Page Range55872-55874
FR Document2015-23329

Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on July 13, 2015, finding a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), as to certain asserted patent claims in this investigation.

Federal Register, Volume 80 Issue 180 (Thursday, September 17, 2015)
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55872-55874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23329]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-926]


Certain Marine Sonar Imaging Systems, Products Containing the 
Same, and Components Thereof; Commission Determination to Review a 
Final Initial Determination Finding a Violation of Section 337; 
Schedule for Filing Written Submissions on the Issues Under Review and 
on Remedy, the Public Interest and Bonding

AGENCY: U.S. International Trade Commission.

[[Page 55873]]


ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
July 13, 2015, finding a violation of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337), as to certain asserted patent claims 
in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3042. 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 (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 
on August 21, 2014, based on a complaint filed by Johnson Outdoors lnc. 
of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of 
Eufaula, Alabama (collectively, ``Johnson Outdoors''). 79 FR 49536 
(Aug. 21, 2014). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain marine sonar imaging 
systems, products containing the same, and components thereof by reason 
of infringement of one or more of claims 1, 2, 17, 25, 26, 31, 32, 35, 
36, 41-43, 53, and 56 of U.S. Patent No. 7,652,952 (``the '952 
patent''); claims 1, 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S. Patent 
No. 7,710,825 (``the '825 patent''); and claims 14, 18, 21-23, 25, and 
33 of U.S. Patent No. 7,755,974 (``the '974 patent''). Id. The notice 
of investigation named the following respondents: Garmin International, 
Inc.; Garmin North America, Inc.; Garmin USA, Inc. all of Olathe, 
Kansas; and Garmin Corporation of New Taipei City, Taiwan 
(collectively, ``Garmin''). Id. The Office of Unfair Import 
Investigations is not a party to the investigation.
    On January 30, 2015, the parties entered into a stipulation that 
the domestic industry requirement was met. The parties also agreed to a 
stipulation regarding importation of Garmin accused products. That same 
day, Johnson Outdoors filed two unopposed motions for summary 
determination: (1) That Garmin's importation and sales satisfy the 
importation requirement and (2) that Johnson Outdoors satisfies the 
domestic industry requirement. On March 24, 2015, the ALJ granted 
Johnson Outdoors' summary determination motions in Order Nos. 14 and 
15, respectively. The Commission determined not to review. See Notice 
of Commission Determination Not to Review Two Initial Determinations 
Granting Unopposed Motions for Summary Determinations of Importation 
and the Existence of a Domestic Industry That Practices the Asserted 
Patents (April 22, 2015).
    On July 13, 2015, the ALJ issued his final ID, finding a violation 
of section 337 by Garmin in connection with claims 14, 18, 21, 22, 23, 
and 33 of the '974 patent. The ALJ found no violation of section 337 in 
connection with the asserted claims of the '952 and '825 patents; and 
claim 25 of the '974 patent. Specifically, the ALJ found that the 
Commission has subject matter jurisdiction, in rem jurisdiction over 
the accused products, and in personam jurisdiction over Garmin. ID at 
21. The ALJ further found that the accused products infringe asserted 
claims 14, 18, 21, 22, 23, and 33 of the '974 patent but do not 
infringe the asserted claims of the '952 and '825 patents or claim 25 
of the '974 patent. See ID at 55-57, 58-59, 60-62. The ALJ also found 
that Garmin failed to establish by clear and convincing evidence that 
the asserted claims of the '952, '825, or '974 patents were anticipated 
or rendered obvious by the cited prior art references. See id. at 68-
80, 89-100. Finally, the ALJ found that the '952, '825, and '974 
patents are not unenforceable due to inequitable conduct and that 
the'952 patent is not invalid under 35 U.S.C. 102(f) for derivation. ID 
at 80-83, 100-109.
    On July 27, 2015, Garmin filed a petition for review of the ID. 
That same day, Johnson Outdoors filed a contingent petition for review 
of the ID. On August 4, 2015, the parties filed responses to the 
petitions.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the final ID on all issues 
petitioned.
    The parties are requested to provide any comments they may have as 
to the Commission's proposed construction below with reference to the 
applicable law and the evidentiary record. In connection with its 
review, the Commission is particularly interested in a response to the 
following:

    If the Commission were to construe the claim term ``mounted to a 
boat'' to mean ``proximately secured to the boat in a fixed 
manner,'' please discuss any impact this construction may have on 
the ID's findings.

    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 likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 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. See Presidential Memorandum of 
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United

[[Page 55874]]

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: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
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. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainants are requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the date that the patents expire and the HTSUS 
numbers under which the accused products are imported. Complainants are 
further requested to supply the names of known importers of the Garmin 
products at issue in this investigation. The written submissions and 
proposed remedial orders must be filed no later than close of business 
on September 21, 2015. Reply submissions must be filed no later than 
the close of business on September 28, 2015. Such submissions should 
address the ALJ's recommended determinations on remedy and bonding. No 
further submissions on any of 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 eight 
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-926'') 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: September 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-23329 Filed 9-16-15; 8:45 am]
BILLING CODE 7020-02-P



                                              55872                    Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices

                                              TEXAS                                                   rolled steel flat products that are                   imports of cold-rolled steel flat products
                                              Dallas County                                           allegedly subsidized by the governments               from Brazil, China, India, Korea, and
                                                                                                      of Brazil, China, Korea, and Russia. The              Russia and LTFV imports of cold-rolled
                                              Lamar—McKinney Bridge, (Road
                                                Infrastructure of Texas, 1866–1965 MPS)               Commission also determines, pursuant                  steel flat products from Brazil, China,
                                                Across Trinity R. at Continental Ave.,                to the Act, that there is a reasonable                India, Japan, Korea, Netherlands,
                                                Dallas, 15000708                                      indication that an industry in the                    Russia, and the United Kingdom.
                                                                                                      United States is threatened with                      Accordingly, effective July 28, 2015, the
                                              WISCONSIN
                                                                                                      material injury by reason of imports of               Commission, pursuant to sections 703(a)
                                              Brown County                                            cold-rolled steel flat products that are              and 733(a) of the Tariff Act of 1930 (19
                                              Nicolet High School, 111 3rd St., De Pere,              allegedly subsidized by the government                U.S.C. 1671b(a) and 1673b(a)), instituted
                                                15000703                                              of India.                                             countervailing duty investigation Nos.
                                                                                                         The Commission further determines                  701–TA–540–544 and antidumping
                                              Door County
                                                                                                      that imports of cold-rolled steel flat                duty investigation Nos. 731–TA–1283–
                                              HANOVER (schooner) Shipwreck, (Great                    products from the Netherlands are
                                                Lakes Shipwreck Sites of Wisconsin MPS)                                                                     1290 (Preliminary).
                                                                                                      negligible pursuant to section 771(24) of                Notice of the institution of the
                                                1.75 mi. NW. of Fish Cr., Gibralter,
                                                15000710                                              the Act, and its investigation with                   Commission’s investigations and of a
                                                                                                      regard to cold-rolled steel flat products             public conference to be held in
                                              UCCESS (scow schooner) Shipwreck, (Great
                                                Lakes Shipwreck Sites of Wisconsin MPS)               from this country is thereby terminated               connection therewith was given by
                                                .13 mi. SW. of Whitefish Dunes State Park,            pursuant to section 733(a)(1) of the Act.             posting copies of the notice in the Office
                                                Sevastopal, 15000711                                  Commencement of Final Phase                           of the Secretary, U.S. International
                                              Manitowoc County                                        Investigations                                        Trade Commission, Washington, DC,
                                                                                                                                                            and by publishing the notice in the
                                              PATHFINDER (schooner) Shipwreck, (Great                    Pursuant to section 207.18 of the
                                                Lakes Shipwreck Sites of Wisconsin MPS)
                                                                                                                                                            Federal Register of August 3, 2015 (80
                                                                                                      Commission’s rules, the Commission
                                                2.6 mi. N. of Rawley Point Lighthouse,                                                                      FR 46047). The conference was held in
                                                                                                      also gives notice of the commencement
                                                Two Creeks, 15000712                                                                                        Washington, DC, on August 18, 2015,
                                                                                                      of the final phase of its investigations.
                                                                                                                                                            and all persons who requested the
                                              Marinette County                                        The Commission will issue a final phase
                                                                                                                                                            opportunity were permitted to appear in
                                              Brown, Mary and Harry, House, 1931                      notice of scheduling, which will be
                                                                                                                                                            person or by counsel.
                                                Riverside Ave., Marinette, 15000713                   published in the Federal Register as
                                                                                                                                                               The Commission made these
                                              [FR Doc. 2015–23316 Filed 9–16–15; 8:45 am]             provided in section 207.21 of the
                                                                                                                                                            determinations pursuant to sections
                                              BILLING CODE 4312–51–P                                  Commission’s rules, upon notice from
                                                                                                                                                            703(a) and 733(a) of the Tariff Act of
                                                                                                      the Department of Commerce
                                                                                                      (‘‘Commerce’’) of affirmative                         1930 (19 U.S.C. 1671b(a) and 1673b(a)).
                                                                                                      preliminary determinations in the                     It completed and filed its
                                              INTERNATIONAL TRADE                                                                                           determinations in these investigations
                                              COMMISSION                                              investigations under sections 703(b) or
                                                                                                      733(b) of the Act, or, if the preliminary             on September 11, 2015. The views of the
                                              [Investigation Nos. 701–TA–540–544 and                  determinations are negative, upon                     Commission are contained in USITC
                                              731–TA–1283–1290 (Preliminary)]                         notice of affirmative final                           Publication 4564 (September 2015),
                                                                                                      determinations in those investigations                entitled Cold-Rolled Steel Flat Products
                                              Cold-Rolled Steel Flat Products From                                                                          from Brazil, China, India, Japan, Korea,
                                              Brazil, China, India, Japan, Korea,                     under sections 705(a) or 735(a) of the
                                                                                                      Act. Parties that filed entries of                    Netherlands, Russia, and the United
                                              Netherlands, Russia, and the United                                                                           Kingdom: Investigation Nos. 701–TA–
                                              Kingdom                                                 appearance in the preliminary phase of
                                                                                                      the investigations need not enter a                   540–544 and 731–TA–1283–1290
                                              Determinations                                          separate appearance for the final phase               (Preliminary).
                                                                                                      of the investigations. Industrial users,                By order of the Commission.
                                                 On the basis of the record 1 developed
                                              in the subject investigations, the United               and, if the merchandise under                           Issued: September 11, 2015.
                                              States International Trade Commission                   investigation is sold at the retail level,            Lisa R. Barton,
                                              (‘‘Commission’’) determines,2 pursuant                  representative consumer organizations                 Secretary to the Commission.
                                              to the Tariff Act of 1930 (‘‘the Act’’),                have the right to appear as parties in                [FR Doc. 2015–23325 Filed 9–16–15; 8:45 am]
                                              that there is a reasonable indication that              Commission antidumping and                            BILLING CODE 7020–02–P
                                              an industry in the United States is                     countervailing duty investigations. The
                                              materially injured by reason of imports                 Secretary will prepare a public service
                                              of cold-rolled steel flat products from                 list containing the names and addresses               INTERNATIONAL TRADE
                                              Brazil, China, India, Japan, Korea,                     of all persons, or their representatives,             COMMISSION
                                              Russia, and the United Kingdom,                         who are parties to the investigations.
                                              provided for in subheadings 7209.15,                    Background                                            [Investigation No. 337–TA–926]
                                              7209.16, 7209.17, 7209.18, 7209.25,                        On July 28, 2015, AK Steel
                                              7209.26, 7209.27, 7209.28, 7209.90,                                                                           Certain Marine Sonar Imaging
                                                                                                      Corporation (West Chester, Ohio),                     Systems, Products Containing the
                                              7210.70, 7211.23, 7211.29, 7211.90,                     ArcelorMittal USA LLC (Chicago,
                                              7212.40, 7225.50, 7225.99, and 7226.92                                                                        Same, and Components Thereof;
                                                                                                      Illinois), Nucor Corporation (Charlotte,              Commission Determination to Review
                                              of the Harmonized Tariff Schedule of                    North Carolina), Steel Dynamics, Inc.
                                              the United States, that are allegedly sold                                                                    a Final Initial Determination Finding a
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      (Fort Wayne, Indiana), and United                     Violation of Section 337; Schedule for
                                              in the United States at less than fair                  States Steel Corporation (Pittsburgh,
                                              value (‘‘LTFV’’), and by imports of cold-                                                                     Filing Written Submissions on the
                                                                                                      Pennsylvania) filed a petition with the               Issues Under Review and on Remedy,
                                                1 The record is defined in sec. 207.2(f) of the
                                                                                                      Commission and Commerce, alleging                     the Public Interest and Bonding
                                              Commission’s Rules of Practice and Procedure (19        that an industry in the United States is
                                              CFR 207.2(f)).                                          materially injured or threatened with                 AGENCY:U.S. International Trade
                                                2 Commissioner F. Scott Kieff not participating.      material injury by reason of subsidized               Commission.


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                                                                       Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices                                              55873

                                              ACTION:   Notice.                                       (collectively, ‘‘Garmin’’). Id. The Office            determined to review the final ID on all
                                                                                                      of Unfair Import Investigations is not a              issues petitioned.
                                              SUMMARY:    Notice is hereby given that                 party to the investigation.                              The parties are requested to provide
                                              the U.S. International Trade                               On January 30, 2015, the parties                   any comments they may have as to the
                                              Commission has determined to review                     entered into a stipulation that the                   Commission’s proposed construction
                                              the final initial determination (‘‘ID’’)                domestic industry requirement was met.                below with reference to the applicable
                                              issued by the presiding administrative                  The parties also agreed to a stipulation              law and the evidentiary record. In
                                              law judge (‘‘ALJ’’) on July 13, 2015,                   regarding importation of Garmin                       connection with its review, the
                                              finding a violation of section 337 of the               accused products. That same day,                      Commission is particularly interested in
                                              Tariff Act of 1930, as amended (19                      Johnson Outdoors filed two unopposed                  a response to the following:
                                              U.S.C. 1337), as to certain asserted                    motions for summary determination: (1)                   If the Commission were to construe the
                                              patent claims in this investigation.                    That Garmin’s importation and sales                   claim term ‘‘mounted to a boat’’ to mean
                                              FOR FURTHER INFORMATION CONTACT:                        satisfy the importation requirement and               ‘‘proximately secured to the boat in a fixed
                                              Panyin A. Hughes, Office of the General                 (2) that Johnson Outdoors satisfies the               manner,’’ please discuss any impact this
                                              Counsel, U.S. International Trade                       domestic industry requirement. On                     construction may have on the ID’s findings.
                                              Commission, 500 E Street SW.,                           March 24, 2015, the ALJ granted                          In connection with the final
                                              Washington, DC 20436, telephone 202–                    Johnson Outdoors’ summary                             disposition of this investigation, the
                                              205–3042. Copies of non-confidential                    determination motions in Order Nos. 14                Commission may (1) issue an order that
                                              documents filed in connection with this                 and 15, respectively. The Commission                  could result in the exclusion of the
                                              investigation are or will be available for              determined not to review. See Notice of               subject articles from entry into the
                                              inspection during official business                     Commission Determination Not to                       United States, and/or (2) issue one or
                                              hours (8:45 a.m. to 5:15 p.m.) in the                   Review Two Initial Determinations                     more cease and desist orders that could
                                              Office of the Secretary, U.S.                           Granting Unopposed Motions for                        result in the respondent being required
                                              International Trade Commission, 500 E                   Summary Determinations of Importation                 to cease and desist from engaging in
                                              Street SW., Washington, DC 20436,                       and the Existence of a Domestic                       unfair acts in the importation and sale
                                              telephone 202–205–2000. General                         Industry That Practices the Asserted                  of such articles. Accordingly, the
                                              information concerning the Commission                   Patents (April 22, 2015).                             Commission is interested in receiving
                                              may also be obtained by accessing its                      On July 13, 2015, the ALJ issued his               written submissions that address the
                                              Internet server (http://www.usitc.gov).                 final ID, finding a violation of section              form of remedy, if any, that should be
                                              The public record for this investigation                337 by Garmin in connection with                      ordered. If a party seeks exclusion of an
                                              may be viewed on the Commission’s                       claims 14, 18, 21, 22, 23, and 33 of the              article from entry into the United States
                                              electronic docket (EDIS) at http://                     ’974 patent. The ALJ found no violation               for purposes other than entry for
                                              edis.usitc.gov. Hearing-impaired                        of section 337 in connection with the                 consumption, the party should so
                                              persons are advised that information on                 asserted claims of the ’952 and ’825                  indicate and provide information
                                              this matter can be obtained by                          patents; and claim 25 of the ’974 patent.             establishing that activities involving
                                              contacting the Commission’s TDD                         Specifically, the ALJ found that the                  other types of entry either are adversely
                                              terminal on 202–205–1810.                               Commission has subject matter                         affecting it or likely to do so. For
                                              SUPPLEMENTARY INFORMATION: The                          jurisdiction, in rem jurisdiction over the            background, see Certain Devices for
                                              Commission instituted this investigation                accused products, and in personam                     Connecting Computers via Telephone
                                              on August 21, 2014, based on a                          jurisdiction over Garmin. ID at 21. The               Lines, Inv. No. 337–TA–360, USITC
                                              complaint filed by Johnson Outdoors                     ALJ further found that the accused                    Pub. No. 2843 (December 1994)
                                              lnc. of Racine, Wisconsin and Johnson                   products infringe asserted claims 14, 18,             (Commission Opinion).
                                              Outdoors Marine Electronics, Inc. of                    21, 22, 23, and 33 of the ’974 patent but                If the Commission contemplates some
                                              Eufaula, Alabama (collectively,                         do not infringe the asserted claims of                form of remedy, it must consider the
                                              ‘‘Johnson Outdoors’’). 79 FR 49536                      the ’952 and ’825 patents or claim 25 of              effects of that remedy upon the public
                                              (Aug. 21, 2014). The complaint alleges                  the ’974 patent. See ID at 55–57, 58–59,              interest. The factors the Commission
                                              violations of section 337 of the Tariff                 60–62. The ALJ also found that Garmin                 will consider include the effect that an
                                              Act of 1930, as amended (19 U.S.C.                      failed to establish by clear and                      exclusion order and/or cease and desist
                                              1337), in the importation into the                      convincing evidence that the asserted                 orders would have on (1) the public
                                              United States, the sale for importation,                claims of the ’952, ’825, or ’974 patents             health and welfare, (2) competitive
                                              and the sale within the United States                   were anticipated or rendered obvious by               conditions in the U.S. economy, (3) U.S.
                                              after importation of certain marine sonar               the cited prior art references. See id. at            production of articles that are like or
                                              imaging systems, products containing                    68–80, 89–100. Finally, the ALJ found                 directly competitive with those that are
                                              the same, and components thereof by                     that the ’952, ’825, and ’974 patents are             subject to investigation, and (4) U.S.
                                              reason of infringement of one or more of                not unenforceable due to inequitable                  consumers. The Commission is
                                              claims 1, 2, 17, 25, 26, 31, 32, 35, 36,                conduct and that the’952 patent is not                therefore interested in receiving written
                                              41–43, 53, and 56 of U.S. Patent No.                    invalid under 35 U.S.C. 102(f) for                    submissions that address the
                                              7,652,952 (‘‘the ’952 patent’’); claims 1,              derivation. ID at 80–83, 100–109.                     aforementioned public interest factors
                                              5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S.                On July 27, 2015, Garmin filed a                   in the context of this investigation.
                                              Patent No. 7,710,825 (‘‘the ’825 patent’’);             petition for review of the ID. That same                 If the Commission orders some form
                                              and claims 14, 18, 21–23, 25, and 33 of                 day, Johnson Outdoors filed a                         of remedy, the U.S. Trade
tkelley on DSK3SPTVN1PROD with NOTICES




                                              U.S. Patent No. 7,755,974 (‘‘the ’974                   contingent petition for review of the ID.             Representative, as delegated by the
                                              patent’’). Id. The notice of investigation              On August 4, 2015, the parties filed                  President, has 60 days to approve or
                                              named the following respondents:                        responses to the petitions.                           disapprove the Commission’s action.
                                              Garmin International, Inc.; Garmin                         Having examined the record of this                 See Presidential Memorandum of July
                                              North America, Inc.; Garmin USA, Inc.                   investigation, including the ALJ’s final              21, 2005. 70 FR 43251 (July 26, 2005).
                                              all of Olathe, Kansas; and Garmin                       ID, the petitions for review, and the                 During this period, the subject articles
                                              Corporation of New Taipei City, Taiwan                  responses thereto, the Commission has                 would be entitled to enter the United


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                                              55874                    Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices

                                              States under bond, in an amount                         for which confidential treatment by the               on-line instructions for submitting
                                              determined by the Commission and                        Commission is properly sought will be                 comments for docket number MSHA–
                                              prescribed by the Secretary of the                      treated accordingly. A redacted non-                  2015–0022.
                                              Treasury. The Commission is therefore                   confidential version of the document                    • Regular Mail: Send comments to
                                              interested in receiving submissions                     must also be filed simultaneously with                USDOL–MSHA, Office of Standards,
                                              concerning the amount of the bond that                  any confidential filing. All non-                     Regulations, and Variances, 201 12th
                                              should be imposed if a remedy is                        confidential written submissions will be              Street South, Suite 4E401, Arlington,
                                              ordered.                                                available for public inspection at the                VA 22202–5452.
                                                 Written Submissions: The parties to                  Office of the Secretary and on EDIS.                    • Hand Delivery: USDOL–Mine
                                              the investigation are requested to file                    The authority for the Commission’s                 Safety and Health Administration, 201
                                              written submissions on the issues                       determination is contained in section                 12th Street South, Suite 4E401,
                                              identified in this notice. Parties to the               337 of the Tariff Act of 1930, as                     Arlington, VA 22202–5452. Sign in at
                                              investigation, interested government                    amended (19 U.S.C. 1337), and in Part                 the receptionist’s desk on the 4th floor
                                              agencies, and any other interested                      210 of the Commission’s Rules of                      via the East elevator.
                                              parties are encouraged to file written                  Practice and Procedure (19 CFR part                   FOR FURTHER INFORMATION CONTACT:
                                              submissions on the issues of remedy,                    210).                                                 Sheila McConnell, Acting Director,
                                              the public interest, and bonding. Such                                                                        Office of Standards, Regulations, and
                                                                                                      By order of the Commission.
                                              submissions should address the                                                                                Variances, MSHA, at
                                              recommended determination by the ALJ                      Issued: September 11, 2015.
                                                                                                                                                            MSHA.information.collections@dol.gov
                                              on remedy and bonding. Complainants                     Lisa R. Barton,
                                                                                                                                                            (email); 202–693–9440 (voice); or 202–
                                              are requested to submit proposed                        Secretary to the Commission.
                                                                                                                                                            693–9441 (facsimile).
                                              remedial orders for the Commission’s                    [FR Doc. 2015–23329 Filed 9–16–15; 8:45 am]
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                              consideration. Complainants are also                    BILLING CODE 7020–02–P
                                              requested to state the date that the                                                                          I. Background
                                              patents expire and the HTSUS numbers
                                                                                                                                                              Chronic exposure to respirable coal
                                              under which the accused products are                    DEPARTMENT OF LABOR                                   mine dust causes lung diseases
                                              imported. Complainants are further
                                                                                                                                                            including coal workers’ pneumoconiosis
                                              requested to supply the names of known                  Mine Safety and Health Administration
                                              importers of the Garmin products at                                                                           (CWP), emphysema, silicosis, and
                                              issue in this investigation. The written                [OMB Control No. 1219–0011]                           chronic bronchitis, known collectively
                                              submissions and proposed remedial                                                                             as ‘‘black lung.’’ These diseases are
                                              orders must be filed no later than close                Revision of a Currently Approved                      debilitating and can result in disability
                                              of business on September 21, 2015.                      Collection; Respirable Coal Mine Dust                 and premature death. While
                                              Reply submissions must be filed no later                Sampling                                              considerable progress has been made in
                                              than the close of business on September                                                                       lowering dust levels since 1970 and,
                                                                                                      AGENCY:  Mine Safety and Health                       consequently, lowering the prevalence
                                              28, 2015. Such submissions should                       Administration, Labor.
                                              address the ALJ’s recommended                                                                                 rate of black lung among coal miners,
                                                                                                      ACTION: Request for public comments.                  severe forms of black lung continue to
                                              determinations on remedy and bonding.
                                              No further submissions on any of these                                                                        be identified. Information from the
                                                                                                      SUMMARY:    The Department of Labor, as               federally funded Coal Workers’ Health
                                              issues will be permitted unless                         part of its continuing effort to reduce
                                              otherwise ordered by the Commission.                                                                          Surveillance Programs administered by
                                                                                                      paperwork and respondent burden,                      the National Institute for Occupational
                                                 Persons filing written submissions                   conducts a pre-clearance consultation
                                              must file the original document                                                                               Safety and Health (NIOSH) clearly
                                                                                                      program to provide the general public                 indicates that black lung remains a key
                                              electronically on or before the deadlines               and Federal agencies with an
                                              stated above and submit eight true paper                                                                      occupational health risk among our
                                                                                                      opportunity to comment on proposed                    nation’s coal miners. According to
                                              copies to the Office of the Secretary by                collections of information in accordance
                                              noon the next day pursuant to section                                                                         NIOSH, 933 or 3.7 percent of the 25,558
                                                                                                      with the Paperwork Reduction Act of                   underground coal miners x-rayed
                                              210.4(f) of the Commission’s Rules of                   1995, 44 U.S.C. 3506(c)(2)(A). This
                                              Practice and Procedure (19 CFR                                                                                between January 2003 and September
                                                                                                      program helps to assure that requested                2011 were found to have CWP. Also, in
                                              210.4(f)). Submissions should refer to                  data can be provided in the desired
                                              the investigation number (‘‘Inv. No.                                                                          FY 2011, over 28,600 former coal miners
                                                                                                      format, reporting burden (time and                    and the dependents of miners received
                                              337–TA–926’’) in a prominent place on                   financial resources) is minimized,
                                              the cover page and/or the first page. (See                                                                    $417 million in ‘‘black lung’’ benefits.
                                                                                                      collection instruments are clearly                    Since inception of the federal Black
                                              Handbook for Electronic Filing
                                                                                                      understood, and the impact of collection              Lung Benefits Program in 1970, over $45
                                              Procedures, http://www.usitc.gov/
                                                                                                      requirements on respondents can be                    billion in total benefits have been paid
                                              secretary/fed_reg_notices/rules/
                                                                                                      properly assessed. Currently, the Mine                out to former miners and their
                                              handbook_on_electronic_filing.pdf).
                                                                                                      Safety and Health Administration                      dependents.
                                              Persons with questions regarding filing
                                                                                                      (MSHA) is soliciting comments on the                    Section 103(h) of the Federal Mine
                                              should contact the Secretary (202–205–
                                                                                                      information collection for Respirable                 Safety and Health Act of 1977 (Mine
                                              2000).
                                                 Any person desiring to submit a                      Coal Mine Dust Sampling.                              Act), 30 U.S.C. 813(h), authorizes
                                              document to the Commission in                           DATES: All comments must be received                  MSHA to collect information necessary
                                                                                                      on or before November 16, 2015.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              confidence must request confidential                                                                          to carry out its duty to protect the safety
                                              treatment. All such requests should be                  ADDRESSES: Comments concerning the                    and health of miners. Further, Section
                                              directed to the Secretary to the                        information collection requirements of                101(a) of the Mine Act, 30 U.S.C. 811(a),
                                              Commission and must include a full                      this notice may be sent by any of the                 authorizes the Secretary to develop,
                                              statement of the reasons why the                        methods listed below.                                 promulgate, and revise as may be
                                              Commission should grant such                               • Federal E-Rulemaking Portal:                     appropriate, improved mandatory
                                              treatment. See 19 CFR 201.6. Documents                  http://www.regulations.gov. Follow the                health or safety standards for the


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Document Created: 2015-12-15 09:34:06
Document Modified: 2015-12-15 09:34:06
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.
ContactPanyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3042. 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 (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 55872 

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