80 FR 57385 - Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission's Determination Not To Review an Initial Determination Terminating Respondents Ninebot (Tianjin) Technology Co., Ltd., Ninebot Inc. (USA), and Powerunion (Beijing) Tech Co., Ltd. Based on Settlement; Amendment of the Notice of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 184 (September 23, 2015)
Federal Register Volume 80, Issue 184 (September 23, 2015)
| Page Range | 57385-57386 | |
| FR Document | 2015-24151 |
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)] [Notices] [Pages 57385-57386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24151] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-935] Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission's Determination Not To Review an Initial Determination Terminating Respondents Ninebot (Tianjin) Technology Co., Ltd., Ninebot Inc. (USA), and Powerunion (Beijing) Tech Co., Ltd. Based on Settlement; Amendment of the Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 27) terminating Ninebot (Tianjin) Technology Co., Ltd, Ninebot Inc. (USA), and PowerUnion (Beijing) Tech Co. Ltd. based on settlement. The Commission amends the Notice of Investigation to correct the corporate name of Ninebot Inc. (China) to Ninebot (Tianjin) Technology Co., Ltd. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 [[Page 57386]] 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 November 10, 2014, based on a complaint filed on behalf of Segway Inc. of Bedford, New Hampshire and DEKA Products Limited Partnership of Manchester, New Hampshire (collectively ``Complainants''). 79 FR 66739- 40 (Nov. 10, 2014). The complaint was filed on September 9, 2014; a supplement to the complaint was filed on September 19, 2014; and an amended complaint was filed on October 6, 2014. The amended complaint alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the sale for importation, importation, or sale within the United States after importation of certain personal transporters, components thereof, and manuals therefor by reason of infringement of certain claims of U.S. Patent No. 6,789,640; U.S. Patent No. 7,275,607; U.S. Patent No. 8,830,048; U.S. Design Patent No. D551,722; U.S. Design Patent No. D551,592; and Copyright Registration No. TX 7-800-563. The Commission's notice of investigation named numerous respondents including, among others: PowerUnion (Beijing) Tech Co. Ltd. (``PowerUnion'') of Beijing, China; Ninebot Inc. of Beijing China, and Ninebot Inc. of Newark, Delaware (collectively ``Ninebot''). A Commission investigative attorney (IA) is participating in the investigation. On August 13, 2015, Complainants and Respondents Ninebot and PowerUnion (collectively the ``Settling Respondents'') filed a joint motion to terminate the investigation with respect to the Settling Respondents based on a settlement agreement. On August 19, 2015, the IA filed a response supporting the motion. On August 20, 2015, the ALJ granted the motion. Order No. 27. The ALJ explained that Complainants and the Settling Respondents entered into a sublicense agreement; and Segway and the Settling Respondents entered into a license agreement. Id. at 2-3. The ALJ found that the parties complied with the rules and provided confidential and non- confidential versions of the sublicense agreement and that the license agreement is non-confidential. Id. at 3. The ALJ noted that the parties represented that the only other relevant agreements, written or oral, express or implied between them concerning the subject matter of this investigation are an agreement attached to the joint motion as Confidential Exhibit D, and the Ginger License Agreement that was attached to the amended complaint (Exhibit 7). Id. at 3-4. The ALJ also determined that partial termination of the investigation based on settlement would not impose any undue burdens on public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. Id. at 4. No petitions for review were filed. In the ID, the ALJ noted that the correct corporate name for Ninebot Inc. (China) is Ninebot (Tianjin) Technology Co., Ltd. which was identified by Ninebot in its response to the amended complaint. The Commission has determined not to review the subject ID. The Commission hereby amends the Notice of Investigation to correct the corporate name of Ninebot Inc. (China) to Ninebot (Tianjin) Technology Co., Ltd. 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 C.F.R. part 210). By order of the Commission. Issued: September 18, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-24151 Filed 9-22-15; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices 57385
• State of Florida Department of restoration projects consistent with the https://www.doi.gov/deepwaterhorizon/
Environmental Protection and Fish and project types included within the adminrecord.
Wildlife Conservation Commission; and approved early restoration
• For the State of Texas: Texas Parks Authority
programmatic alternative in the Phase
and Wildlife Department, Texas General III ERP/PEIS. The Trustees provided the The authority of this action is the Oil
Land Office, and Texas Commission on public with 30 days to review the Draft Pollution Act of 1990 (33 U.S.C. 2701 et
Environmental Quality. Phase IV ERP/EAs but later extended seq.) and the implementing Natural
the comment period to July 6, 2015. (80 Resource Damage Assessment
Background
FR 35393, June 19, 2015). During the regulations found at 15 CFR part 990.
On April 20, 2011, BP agreed to public review period, the Trustees held
provide up to $1 billion toward early Cynthia K. Dohner,
public meetings in Pensacola, Florida;
restoration projects in the Gulf of DOI Authorized Official.
Mobile, Alabama; Long Beach,
Mexico to address injuries to natural Mississippi; Belle Chasse, Louisiana; [FR Doc. 2015–24155 Filed 9–22–15; 8:45 am]
resources and their services caused by and in Galveston, and Corpus Christi, BILLING CODE 4310–55–P
the Deepwater Horizon oil spill. The Texas, to facilitate public participation.
Framework Agreement represents a The Trustees considered the public
preliminary step toward the restoration comments received, which informed the INTERNATIONAL TRADE
of injured natural resources and their Trustees’ analyses and selection of the COMMISSION
services and is intended to expedite the early restoration projects in the final
start of restoration in the Gulf in [Investigation No. 337–TA–935]
Phase IV ERP/EAs. A summary of the
advance of the completion of the injury public comments received and the
assessment process. The Framework Certain Personal Transporters,
Trustees’ responses to those comments Components Thereof, and Manuals
Agreement provides a mechanism
are addressed in Chapter 15 of the final Therefor; Commission’s Determination
through which the Trustees and BP can
Phase IV ERP/EAs. Not To Review an Initial Determination
work together ‘‘to commence
implementation of early restoration Overview of the Phase IV ERP/EAs Terminating Respondents Ninebot
projects that will provide meaningful (Tianjin) Technology Co., Ltd., Ninebot
The Trustees approved 10 projects in Inc. (USA), and Powerunion (Beijing)
benefits to accelerate restoration in the
the Phase IV ERP/EAs. The total Tech Co., Ltd. Based on Settlement;
Gulf as quickly as practicable’’ prior to
estimated cost for these projects is $134 Amendment of the Notice of
the resolution of the Trustees’ natural
million. Details on the projects are Investigation
resource damages claim. Early
provided in the Phase IV ERP/EAs. The
restoration is not intended to and does AGENCY: U.S. International Trade
not fully address all injuries caused by Phase IV ERP/EAs also retains a notice
of change and supporting analysis for Commission.
the Deepwater Horizon oil spill.
Restoration beyond early restoration one Phase III Early Restoration Project, ACTION: Notice.
projects will be required to fully ‘‘Enhancement of Franklin County Parks
and Boat Ramps—Eastpoint Fishing Pier SUMMARY: Notice is hereby given that
compensate the public for natural the U.S. International Trade
resource losses, including recreational Improvements,’’ that was included in
the Draft Phase IV plan. Commission has determined not to
use losses, from the Deepwater Horizon review the presiding administrative law
oil spill. These restoration projects are
intended to continue the process of judge’s (‘‘ALJ’’) initial determination
The Trustees actively solicited public
using early restoration funding to (‘‘ID’’) (Order No. 27) terminating
input on restoration project ideas
restore natural resources, ecological Ninebot (Tianjin) Technology Co., Ltd,
through a variety of mechanisms,
services, and recreational use services Ninebot Inc. (USA), and PowerUnion
including public meetings, electronic
injured or lost as a result of the (Beijing) Tech Co. Ltd. based on
communication, and creation of a
Deepwater Horizon oil spill. The settlement. The Commission amends the
Trustee-wide public Web site and
Trustees considered hundreds of Notice of Investigation to correct the
database to share information and
projects leading to the identification of corporate name of Ninebot Inc. (China)
receive public project submissions.
these 10 projects and considered both to Ninebot (Tianjin) Technology Co.,
Their key objective in pursuing early
ecological and recreational use Ltd.
restoration is to secure tangible recovery
of natural resources and natural restoration projects to restore injuries FOR FURTHER INFORMATION CONTACT:
resource services for the public’s benefit caused by the Deepwater Horizon oil Amanda Pitcher Fisherow, Esq., Office
while the longer term process of fully spill, addressing both the physical and of the General Counsel, U.S.
assessing injury and damages is under biological environment, as well as the International Trade Commission, 500 E
way. The Trustees released the Phase I relationship people have with the Street SW., Washington, DC 20436,
ERP/EA in April 2012, the Phase II ERP/ environment. telephone (202) 205–2737. Copies of
ER in December 2012, and the Phase III Early restoration actions are not non-confidential documents filed in
ERP/PEIS on June 26, 2014, after public intended to provide the full extent of connection with this investigation are or
review of the draft documents. restoration needed to make the public will be available for inspection during
Subsequently, the Trustees approved and the environment whole. The official business hours (8:45 a.m. to 5:15
the Phase III ERP/PEIS in a Record of Trustees anticipate that additional early p.m.) in the Office of the Secretary, U.S.
mstockstill on DSK4VPTVN1PROD with NOTICES
Decision on October 2, 2014. restoration projects will be proposed in International Trade Commission, 500 E
A Notice of Availability of the Draft the future as the early restoration Street, SW., Washington, DC 20436,
Phase IV Early Restoration Plan and process continues. telephone (202) 205–2000. General
Environmental Assessments (Draft information concerning the Commission
Administrative Record
Phase IV ERP/EAs) was published in the may also be obtained by accessing its
Federal Register on May 20, 2015 (80 The documents comprising the Internet server at http://www.usitc.gov.
FR 29019). The Draft Phase IV ERP/EAs Administrative Record can be viewed The public record for this investigation
proposed an additional 10 early electronically at the following location: may be viewed on the Commission’s
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![57386 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
electronic docket (EDIS) at http:// subject matter of this investigation are DATES: Effective date: September 4,
edis.usitc.gov. Hearing-impaired an agreement attached to the joint 2015.
persons are advised that information on motion as Confidential Exhibit D, and
this matter can be obtained by the Ginger License Agreement that was FOR FURTHER INFORMATION CONTACT:
contacting the Commission’s TDD attached to the amended complaint Christopher J. Cassise (202–708–5408),
terminal on (202) 205–1810. (Exhibit 7). Id. at 3–4. The ALJ also Office of Investigations, U.S.
SUPPLEMENTARY INFORMATION: The determined that partial termination of International Trade Commission, 500 E
Commission instituted this investigation the investigation based on settlement Street SW., Washington, DC 20436.
on November 10, 2014, based on a would not impose any undue burdens Hearing-impaired persons can obtain
complaint filed on behalf of Segway Inc. on public health and welfare, information on this matter by contacting
of Bedford, New Hampshire and DEKA competitive conditions in the U.S. the Commission’s TDD terminal on 202–
Products Limited Partnership of economy, the production of like or 205–1810. Persons with mobility
Manchester, New Hampshire directly competitive articles in the impairments who will need special
(collectively ‘‘Complainants’’). 79 FR United States, or U.S. consumers. Id. at assistance in gaining access to the
66739–40 (Nov. 10, 2014). The 4. No petitions for review were filed. Commission should contact the Office
complaint was filed on September 9, In the ID, the ALJ noted that the of the Secretary at 202–205–2000.
2014; a supplement to the complaint correct corporate name for Ninebot Inc. General information concerning the
was filed on September 19, 2014; and an (China) is Ninebot (Tianjin) Technology Commission may also be obtained by
amended complaint was filed on Co., Ltd. which was identified by accessing its internet server (http://
October 6, 2014. The amended Ninebot in its response to the amended www.usitc.gov). The public record for
complaint alleges violations of Section complaint. this review may be viewed on the
337 of the Tariff Act of 1930, as The Commission has determined not Commission’s electronic docket (EDIS)
amended, 19 U.S.C. 1337, in the sale for to review the subject ID. at http://edis.usitc.gov. For further
importation, importation, or sale within The Commission hereby amends the information concerning the conduct of
the United States after importation of Notice of Investigation to correct the this review and rules of general
certain personal transporters, corporate name of Ninebot Inc. (China) application, consult the Commission’s
components thereof, and manuals to Ninebot (Tianjin) Technology Co., Rules of Practice and Procedure, part
therefor by reason of infringement of Ltd. 201, subparts A through E (19 CFR part
certain claims of U.S. Patent No. The authority for the Commission’s 201), and part 207, subparts A, D, E, and
6,789,640; U.S. Patent No. 7,275,607; determination is contained in section F (19 CFR part 207).
U.S. Patent No. 8,830,048; U.S. Design 337 of the Tariff Act of 1930, as
Patent No. D551,722; U.S. Design Patent amended (19 U.S.C. 1337), and in Part SUPPLEMENTARY INFORMATION: On
No. D551,592; and Copyright 210 of the Commission’s Rules of September 4, 2015, the Commission
Registration No. TX 7–800–563. The Practice and Procedure (19 C.F.R. part determined that it should proceed to a
Commission’s notice of investigation 210). full review in the subject five-year
named numerous respondents By order of the Commission. review pursuant to section 751(c) of the
including, among others: PowerUnion Tariff Act of 1930 (19 U.S.C. 1675(c)).
Issued: September 18, 2015.
(Beijing) Tech Co. Ltd. (‘‘PowerUnion’’) The Commission found that the
Lisa R. Barton,
of Beijing, China; Ninebot Inc. of Beijing domestic interested party group
Secretary to the Commission.
China, and Ninebot Inc. of Newark, response was adequate and that the
[FR Doc. 2015–24151 Filed 9–22–15; 8:45 am] respondent interested party group
Delaware (collectively ‘‘Ninebot’’). A
BILLING CODE 7020–02–P response was inadequate to its notice of
Commission investigative attorney (IA)
is participating in the investigation. institution (80 FR 31065, June 1, 2015).
On August 13, 2015, Complainants The Commission also found that other
INTERNATIONAL TRADE
and Respondents Ninebot and circumstances warranted conducting a
COMMISSION
PowerUnion (collectively the ‘‘Settling full review.1 A record of the
Respondents’’) filed a joint motion to [Investigation No. 731–TA–1070B (Second Commissioners’ votes, the
terminate the investigation with respect Review)] Commission’s statement on adequacy,
to the Settling Respondents based on a and any individual Commissioner’s
Certain Tissue Paper From China; statements will be available from the
settlement agreement. On August 19,
Notice of Commission Determination
2015, the IA filed a response supporting Office of the Secretary and at the
To Conduct a Full Five-Year Review
the motion. Commission’s Web site.
On August 20, 2015, the ALJ granted AGENCY: United States International Authority: This review is being conducted
the motion. Order No. 27. The ALJ Trade Commission. under authority of title VII of the Tariff Act
explained that Complainants and the ACTION: Notice. of 1930; this notice is published pursuant to
Settling Respondents entered into a section 207.62 of the Commission’s rules.
sublicense agreement; and Segway and SUMMARY: The Commission hereby gives
the Settling Respondents entered into a notice that it will proceed with a full By order of the Commission.
license agreement. Id. at 2–3. The ALJ review pursuant to the Tariff Act of Issued: September 17, 2015.
found that the parties complied with the 1930 (‘‘The Act’’) to determine whether Lisa R. Barton,
mstockstill on DSK4VPTVN1PROD with NOTICES
rules and provided confidential and revocation of the antidumping duty Secretary to the Commission.
non-confidential versions of the order on certain tissue paper from China [FR Doc. 2015–24080 Filed 9–22–15; 8:45 am]
sublicense agreement and that the would be likely to lead to continuation
BILLING CODE 7020–02–P
license agreement is non-confidential. or recurrence of material injury within
Id. at 3. The ALJ noted that the parties a reasonably foreseeable time. A 1 Vice Chairman Dean A. Pinkert and
represented that the only other relevant schedule for the review will be Commissioners Irving A. Williamson and Rhonda
agreements, written or oral, express or established and announced at a later K. Schmidtlein voted to conduct an expedited
implied between them concerning the date. review.
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Document Created: 2015-12-15 09:45:32
Document Modified: 2015-12-15 09:45:32
| 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 | Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 57385 |
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