80 FR 59188 - Certain Protective Cases for Electronic Devices and Components Thereof Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon Withdrawal of the Complaint
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 190 (October 1, 2015)
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59188-59189 | |
| FR Document | 2015-24935 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Notices] [Pages 59188-59189] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24935] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-955] Certain Protective Cases for Electronic Devices and Components Thereof Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon Withdrawal of the Complaint 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. 13) granting an unopposed motion to withdraw the complaint and terminate the investigation as to remaining respondent Tech21 UK Limited of Twickenham, United Kingdom (``Tech21''). 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 [[Page 59189]] 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 on April 30, 2015, based on a Complaint filed by Otter Products, LLC of Fort Collins, Colorado (``OtterBox''). 80 FR 24276 (Apr. 30, 2015). The Complaint, as amended, 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 protective cases for electronic devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 8,792,232 and 8,976,512. The notice of investigation named Speculative Product Design, LLC of San Mateo, California (``Speck'') and Tech21 as respondents. The Office of Unfair Import Investigations is not a party to this investigation. On July 22, 2015, the ALJ issued an ID granting a motion to terminate the investigation as to Speck based upon settlement. See Order No. 9. The Commission determined not to review the ID. See Notice of a Commission Determination Not to Review an Initial Determination Terminating the Investigation as to Speculative Product Design, LLC Based Upon Settlement (Aug. 21, 2015). On September 8, 2015, OtterBox and Tech21 jointly moved to terminate the investigation in its entirety based upon withdrawal of the complaint. No responses to the motion were received. On September 9, 2015, the ALJ issued the subject ID, granting the unopposed motion. The ALJ found that the motion complied with the requirements of Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and further found that no extraordinary circumstances prohibited granting the motion. None of the parties petitioned for review of the ID. The Commission has determined not to review the ID. 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 28, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015-24935 Filed 9-30-15; 8:45 am] BILLING CODE 7020-02-P
![59188 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices
calendar year 2014, except as noted Merchandise imported from each Demand conditions to consider include
(report quantity data in pounds and Subject Country; and end uses and applications; the existence
value data in U.S. dollars, f.o.b. plant). (c) the quantity and value (f.o.b. U.S. and availability of substitute products;
If you are a union/worker group or port, including antidumping duties) of and the level of competition among the
trade/business association, provide the U.S. internal consumption/company Domestic Like Product produced in the
information, on an aggregate basis, for transfers of Subject Merchandise United States, Subject Merchandise
the firms in which your workers are imported from each Subject Country. produced in each Subject Country, and
employed/which are members of your (11) If you are a producer, an exporter, such merchandise from other countries.
association. or a trade/business association of (13) (OPTIONAL) A statement of
(a) Production (quantity) and, if producers or exporters of the Subject whether you agree with the above
known, an estimate of the percentage of Merchandise in any Subject Country, definitions of the Domestic Like Product
total U.S. production of the Domestic provide the following information on and Domestic Industry; if you disagree
Like Product accounted for by your your firm’s(s’) operations on that with either or both of these definitions,
firm’s(s’) production; product during calendar year 2014 please explain why and provide
(b) Capacity (quantity) of your firm to (report quantity data in pounds and alternative definitions.
produce the Domestic Like Product (i.e., value data in U.S. dollars, landed and
Authority: This proceeding is being
the level of production that your duty-paid at the U.S. port but not conducted under authority of Title VII of the
establishment(s) could reasonably have including antidumping duties). If you Tariff Act of 1930; this notice is published
expected to attain during the year, are a trade/business association, provide pursuant to section 207.61 of the
assuming normal operating conditions the information, on an aggregate basis, Commission’s rules.
(using equipment and machinery in for the firms which are members of your By order of the Commission.
place and ready to operate), normal association.
Issued: September 24, 2015.
(a) Production (quantity) and, if
operating levels (hours per week/weeks Lisa R. Barton,
known, an estimate of the percentage of
per year), time for downtime, Secretary to the Commission.
total production of Subject Merchandise
maintenance, repair, and cleanup, and a
in each Subject Country accounted for [FR Doc. 2015–24647 Filed 9–30–15; 8:45 am]
typical or representative product mix);
by your firm’s(s’) production; BILLING CODE 7020–02–P
(c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s)
commercial shipments of the Domestic to produce the Subject Merchandise in
Like Product produced in your U.S. each Subject Country (i.e., the level of INTERNATIONAL TRADE
plant(s); production that your establishment(s) COMMISSION
(d) the quantity and value of U.S. could reasonably have expected to
internal consumption/company [Investigation No. 337–TA–955]
attain during the year, assuming normal
transfers of the Domestic Like Product operating conditions (using equipment Certain Protective Cases for Electronic
produced in your U.S. plant(s); and and machinery in place and ready to Devices and Components Thereof
(e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours Notice of a Commission Determination
of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for Not To Review an Initial Determination
(iv) selling, general and administrative downtime, maintenance, repair, and Terminating the Investigation in Its
(SG&A) expenses, and (v) operating cleanup, and a typical or representative Entirety Based Upon Withdrawal of the
income of the Domestic Like Product product mix); and Complaint
produced in your U.S. plant(s) (include (c) the quantity and value of your
both U.S. and export commercial sales, firm’s(s’) exports to the United States of AGENCY: U.S. International Trade
internal consumption, and company Subject Merchandise and, if known, an Commission.
transfers) for your most recently estimate of the percentage of total ACTION: Notice.
completed fiscal year (identify the date exports to the United States of Subject
on which your fiscal year ends). Merchandise from each Subject Country SUMMARY: Notice is hereby given that
(10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. the U.S. International Trade
trade/business association of U.S. (12) Identify significant changes, if Commission has determined not to
importers of the Subject Merchandise any, in the supply and demand review the presiding administrative law
from any Subject Country, provide the conditions or business cycle for the judge’s (‘‘ALJ’’) initial determination
following information on your firm’s(s’) Domestic Like Product that have (‘‘ID’’) (Order No. 13) granting an
operations on that product during occurred in the United States or in the unopposed motion to withdraw the
calendar year 2014 (report quantity data market for the Subject Merchandise in complaint and terminate the
in pounds and value data in U.S. each Subject Country since the Order investigation as to remaining
dollars). If you are a trade/business Date, and significant changes, if any, respondent Tech21 UK Limited of
association, provide the information, on that are likely to occur within a Twickenham, United Kingdom
an aggregate basis, for the firms which reasonably foreseeable time. Supply (‘‘Tech21’’).
are members of your association. conditions to consider include FOR FURTHER INFORMATION CONTACT:
(a) The quantity and value (landed, technology; production methods; Panyin A. Hughes, Office of the General
duty-paid but not including development efforts; ability to increase Counsel, U.S. International Trade
antidumping duties) of U.S. imports production (including the shift of Commission, 500 E Street SW.,
mstockstill on DSK4VPTVN1PROD with NOTICES6
and, if known, an estimate of the production facilities used for other Washington, DC 20436, telephone (202)
percentage of total U.S. imports of products and the use, cost, or 205–3042. Copies of non-confidential
Subject Merchandise from each Subject availability of major inputs into documents filed in connection with this
Country accounted for by your firm’s(s’) production); and factors related to the investigation are or will be available for
imports; ability to shift supply among different inspection during official business
(b) the quantity and value (f.o.b. U.S. national markets (including barriers to hours (8:45 a.m. to 5:15 p.m.) in the
port, including antidumping duties) of importation in foreign markets or Office of the Secretary, U.S.
U.S. commercial shipments of Subject changes in market demand abroad). International Trade Commission, 500 E
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59189
Street SW., Washington, DC 20436, By order of the Commission. General information concerning the
telephone (202) 205–2000. General Issued: September 28, 2015. Commission may also be obtained by
information concerning the Commission William R. Bishop, accessing its internet server (http://
may also be obtained by accessing its Supervisory Hearings and Information www.usitc.gov). The public record for
Internet server at http://www.usitc.gov. Officer. this proceeding may be viewed on the
The public record for this investigation [FR Doc. 2015–24935 Filed 9–30–15; 8:45 am] Commission’s electronic docket (EDIS)
may be viewed on the Commission’s BILLING CODE 7020–02–P
at http://edis.usitc.gov.
electronic docket (EDIS) at http:// SUPPLEMENTARY INFORMATION:
edis.usitc.gov. Hearing-impaired Background.—On November 17, 2010,
persons are advised that information on INTERNATIONAL TRADE the Department of Commerce issued
this matter can be obtained by COMMISSION antidumping and countervailing duty
contacting the Commission’s TDD orders on imports of Certain Coated
terminal on (202) 205–1810. [Investigation Nos. 701–TA–470–471 and
731–TA–1169–1170 (Review)] Paper Suitable for High-Quality Print
SUPPLEMENTARY INFORMATION: The Graphics Using Sheet-Fed Presses from
Commission instituted this investigation Certain Coated Paper Suitable for China and Indonesia (75 FR 70201–
on April 30, 2015, based on a Complaint High-Quality Print Graphics Using 70208, as corrected 75 FR 75663,
filed by Otter Products, LLC of Fort Sheet-Fed Presses From China and December 6, 2010). The Commission is
Collins, Colorado (‘‘OtterBox’’). 80 FR Indonesia; Institution of Five-Year conducting reviews pursuant to section
24276 (Apr. 30, 2015). The Complaint, Reviews 751(c) of the Act, as amended (19 U.S.C.
as amended, alleges violations of section 1675(c)), to determine whether
337 of the Tariff Act of 1930, as AGENCY: United States International revocation of the orders would be likely
amended, 19 U.S.C. 1337, in the Trade Commission. to lead to continuation or recurrence of
importation into the United States, the ACTION: Notice. material injury to the domestic industry
sale for importation, and the sale within within a reasonably foreseeable time.
the United States after importation of SUMMARY: The Commission hereby gives Provisions concerning the conduct of
certain protective cases for electronic notice that it has instituted reviews this proceeding may be found in the
devices and components thereof by pursuant to the Tariff Act of 1930 (‘‘the Commission’s Rules of Practice and
reason of infringement of certain claims Act’’), as amended, to determine Procedure at 19 CFR parts 201, subparts
of U.S. Patent Nos. 8,792,232 and whether revocation of the antidumping A and B and 19 CFR part 207, subparts
8,976,512. The notice of investigation and countervailing duty orders on A and F. The Commission will assess
named Speculative Product Design, LLC Certain Coated Paper Suitable for High- the adequacy of interested party
of San Mateo, California (‘‘Speck’’) and Quality Print Graphics Using Sheet-Fed responses to this notice of institution to
Tech21 as respondents. The Office of Presses from China and Indonesia determine whether to conduct full or
Unfair Import Investigations is not a would be likely to lead to continuation expedited reviews. The Commission’s
party to this investigation. or recurrence of material injury. determinations in any expedited
On July 22, 2015, the ALJ issued an Pursuant to the Act, interested parties reviews will be based on the facts
ID granting a motion to terminate the are requested to respond to this notice available, which may include
investigation as to Speck based upon by submitting the information specified information provided in response to this
settlement. See Order No. 9. The below to the Commission; 1 to be notice.
Commission determined not to review assured of consideration, the deadline Definitions.—The following
the ID. See Notice of a Commission for responses is November 2, 2015. definitions apply to these reviews:
Determination Not to Review an Initial Comments on the adequacy of responses
Determination Terminating the (1) Subject Merchandise is the class or
may be filed with the Commission by kind of merchandise that is within the
Investigation as to Speculative Product December 15, 2015.
Design, LLC Based Upon Settlement scope of the five-year reviews, as
DATES: Effective Date: October 1, 2015. defined by the Department of
(Aug. 21, 2015).
On September 8, 2015, OtterBox and FOR FURTHER INFORMATION CONTACT: Commerce.
Tech21 jointly moved to terminate the Mary Messer (202–205–3193), Office of (2) The Subject Countries in these
investigation in its entirety based upon Investigations, U.S. International Trade reviews are China and Indonesia.
withdrawal of the complaint. No Commission, 500 E Street SW., (3) The Domestic Like Product is the
responses to the motion were received. Washington, DC 20436. Hearing- domestically produced product or
On September 9, 2015, the ALJ issued impaired persons can obtain products which are like, or in the
the subject ID, granting the unopposed information on this matter by contacting absence of like, most similar in
motion. The ALJ found that the motion the Commission’s TDD terminal on 202– characteristics and uses with, the
complied with the requirements of 205–1810. Persons with mobility Subject Merchandise. In its original
Commission Rule 210.21(a)(1) (19 CFR impairments who will need special determinations, the Commission
210.21(a)(1)) and further found that no assistance in gaining access to the defined a single Domestic Like Product
extraordinary circumstances prohibited Commission should contact the Office consisting of coated paper meeting the
granting the motion. None of the parties of the Secretary at 202–205–2000. physical specifications of Commerce’s
petitioned for review of the ID. scope definition and sheeter rolls.
The Commission has determined not 1 No response to this request for information is (4) The Domestic Industry is the U.S.
mstockstill on DSK4VPTVN1PROD with NOTICES6
to review the ID. required if a currently valid Office of Management producers as a whole of the Domestic
and Budget (OMB) number is not displayed; the
The authority for the Commission’s OMB number is 3117–0016/USITC No. 15–5–343,
Like Product, or those producers whose
determination is contained in section expiration date June 30, 2017. Public reporting collective output of the Domestic Like
337 of the Tariff Act of 1930, as burden for the request is estimated to average 15 Product constitutes a major proportion
amended (19 U.S.C. 1337), and in Part hours per response. Please send comments of the total domestic production of the
regarding the accuracy of this burden estimate to
210 of the Commission’s Rules of the Office of Investigations, U.S. International Trade
product. In its original determinations,
Practice and Procedure (19 CFR part Commission, 500 E Street SW., Washington, DC the Commission defined a single
210). 20436. Domestic Industry consisting of U.S.
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Document Created: 2015-12-15 08:40:14
Document Modified: 2015-12-15 08:40:14
| 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 | 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 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 59188 |
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