80 FR 72735 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range		72735-72736
FR Document		2015-29669

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 19, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Diebold, Incorporated of North Canton, Ohio and Diebold Self-Service Systems of North Canton, Ohio. A supplement to the complaint was filed November 6, 2015. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automated teller machines, ATM modules, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,082,616 (``the '616 Patent''); U.S. Patent No. 7,121,461 (``the '461 Patent''); U.S. Patent No. 7,229,010 (``the '010 Patent''); U.S. Patent No. 7,249,761 (``the '761 Patent''); U.S. Patent No. 7,314,163 (``the '163 Patent''); and U.S. Patent No. 7,832,631 (``the '631 Patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Pages 72735-72736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29669]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-972]


Certain Automated Teller Machines, ATM Modules, Components 
Thereof, and Products Containing the Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 19, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Diebold, Incorporated of North Canton, Ohio and Diebold Self-Service 
Systems of North Canton, Ohio. A supplement to the complaint was filed 
November 6, 2015. The complaint alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
automated teller machines, ATM modules, components thereof, and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent No. 6,082,616 (``the '616 Patent''); U.S. Patent 
No. 7,121,461 (``the '461 Patent''); U.S. Patent No. 7,229,010 (``the 
'010 Patent''); U.S. Patent No. 7,249,761 (``the '761 Patent''); U.S. 
Patent No. 7,314,163 (``the '163 Patent''); and U.S. Patent No. 
7,832,631 (``the '631 Patent''). The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone

[[Page 72736]]

(202) 205-2000. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its Internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 16, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain automated 
teller machines, ATM modules, components thereof, and products 
containing the same by reason of infringement of one or more of claims 
1, 2, 5-8, 10, 16-18, 20, 22, 23, 26, and 27 of the '616 patent; claims 
1-8, 12-18, and 21-27 of the '461 patent; claims 1-15, 18-20, 22-26, 
and 28-30 of the '010 patent; claims 1-4, 6, 14, 15, and 19 of the '761 
patent; claims 1-5 and 13-24 of the '163 patent; and claims 1-8 and 12-
20 of the '631 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Diebold, Incorporated, 5995 Mayfair Road, North Canton, OH 44720.
Diebold Self-Service Systems, 5995 Mayfair Road, North Canton, OH 
44720.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Nautilus Hyosung Inc., 281 Gwangpyeong-ro, Gangnam-gu Gu, Seoul, 
Republic of Korea.
Nautilus Hyosung America Inc., 6641 N. Beltline Road, Suite 100, 
Irving, TX 75061.
HS Global, Inc., 381 Thor Pl., Brea, CA 92821.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

     Issued: November 17, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-29669 Filed 11-19-15; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices 72735

be prepared to submit written comments (‘‘Commerce’’) of affirmative entitled Welded Stainless Steel Pressure
if necessary. Before including your preliminary determinations in the Pipe from India: Investigation Nos. 701–
address, phone number, email address, investigations under sections 703(b) or TA–548 and 731–TA–1298
or other personal identifying 733(b) of the Act, or, if the preliminary (Preliminary).
information in your comment, you determinations are negative, upon By order of the Commission.
should be aware that your entire notice of affirmative final
Issued: November 16, 2015.
comment—including your personal determinations in those investigations
Lisa R. Barton,
identifying information—may be made under sections 705(a) or 735(a) of the
publicly available at any time. While Act. Parties that filed entries of Secretary to the Commission.
you can ask us in your comment to appearance in the preliminary phase of [FR Doc. 2015–29608 Filed 11–19–15; 8:45 am]
withhold your personal identifying the investigations need not enter a BILLING CODE 7020–02–P
information from public review, we separate appearance for the final phase
cannot guarantee that we will be able to of the investigations. Industrial users,
do so. Individuals who plan to attend and, if the merchandise under INTERNATIONAL TRADE
and need special assistance, such as investigation is sold at the retail level, COMMISSION
sign language interpretation, representative consumer organizations [Investigation No. 337–TA–972]
transportation, or other reasonable have the right to appear as parties in
accommodations, should contact the Commission antidumping and Certain Automated Teller Machines,
BLM RAC Coordinator listed above. countervailing duty investigations. The ATM Modules, Components Thereof,
Secretary will prepare a public service and Products Containing the Same;
Dated: November 9, 2015.
list containing the names and addresses Institution of Investigation
Bud C. Cribley,
of all persons, or their representatives,
State Director. who are parties to the investigations. AGENCY: U.S. International Trade
[FR Doc. 2015–29699 Filed 11–19–15; 8:45 am] Commission.
BILLING CODE 4310–JA–P
Background ACTION: Notice.
On September 30, 2015, Bristol
Metals, LLC, Bristol, Tennessee; Felker SUMMARY: Notice is hereby given that a
Brothers Corp., Marshfield, Wisconsin; complaint was filed with the U.S.
INTERNATIONAL TRADE International Trade Commission on
COMMISSION Marcegaglia USA, Munhall,
Pennsylvania; and Outokumpu Stainless October 19, 2015, under section 337 of
[Investigation Nos. 701–TA–548 and 731– USA LLC, Inc., Wildwood, Florida filed the Tariff Act of 1930, as amended, 19
TA–1298 (Preliminary)]
a petition with the Commission and U.S.C. 1337, on behalf of Diebold,
Commerce, alleging that an industry in Incorporated of North Canton, Ohio and
Welded Stainless Steel Pressure Pipe Diebold Self-Service Systems of North
From India the United States is materially injured
or threatened with material injury by Canton, Ohio. A supplement to the
Determinations reason of LTFV and subsidized imports complaint was filed November 6, 2015.
of welded stainless steel pressure pipe The complaint alleges violations of
On the basis of the record 1 developed section 337 based upon the importation
in the subject investigations, the United from India. Accordingly, effective
September 30, 2015, the Commission, into the United States, the sale for
States International Trade Commission importation, and the sale within the
(‘‘Commission’’) determines, pursuant pursuant to sections 703(a) and 733(a) of
the Tariff Act of 1930 (19 U.S.C. United States after importation of
to the Tariff Act of 1930 (‘‘the Act’’), certain automated teller machines, ATM
that there is a reasonable indication that 1671b(a) and 1673b(a)), instituted
countervailing duty investigation No. modules, components thereof, and
an industry in the United States is products containing the same by reason
materially injured by reason of imports 701–TA–548 and antidumping duty
investigation No. 731–TA–1298 of infringement of certain claims of U.S.
of welded stainless steel pressure pipe Patent No. 6,082,616 (‘‘the ’616 Patent’’);
(Preliminary).
from India, provided for in subheadings U.S. Patent No. 7,121,461 (‘‘the ’461
Notice of the institution of the
7306.40.50 and 7306.40.10 of the Patent’’); U.S. Patent No. 7,229,010 (‘‘the
Commission’s investigations and of a
Harmonized Tariff Schedule of the public conference to be held in ’010 Patent’’); U.S. Patent No. 7,249,761
United States, that are alleged to be sold connection therewith was given by (‘‘the ’761 Patent’’); U.S. Patent No.
in the United States at less than fair posting copies of the notice in the Office 7,314,163 (‘‘the ’163 Patent’’); and U.S.
value (‘‘LTFV’’), and are allegedly of the Secretary, U.S. International Patent No. 7,832,631 (‘‘the ’631 Patent’’).
subsidized by the government of India. Trade Commission, Washington, DC, The complaint further alleges that an
Commencement of Final Phase and by publishing the notice in the industry in the United States exists as
Investigations Federal Register of October 7, 2015 (80 required by subsection (a)(2) of section
FR 60715). The conference was held in 337.
Pursuant to section 207.18 of the The complainants request that the
Commission’s rules, the Commission Washington, DC, on October 21, 2015,
and all persons who requested the Commission institute an investigation
also gives notice of the commencement and, after the investigation, issue a
of the final phase of its investigations. opportunity were permitted to appear in
person or by counsel. limited exclusion order and cease and
The Commission will issue a final phase desist orders.
The Commission made these
notice of scheduling, which will be
determinations pursuant to sections ADDRESSES: The complaint, except for
published in the Federal Register as
tkelley on DSK3SPTVN1PROD with NOTICES

703(a) and 733(a) of the Tariff Act of any confidential information contained
provided in section 207.21 of the
1930 (19 U.S.C. 1671b(a) and 1673b(a)). therein, is available for inspection
Commission’s rules, upon notice from
It completed and filed its during official business hours (8:45 a.m.
the Department of Commerce
determinations in these investigations to 5:15 p.m.) in the Office of the
1 The record is defined in sec. 207.2(f) of the on November 16, 2015. The views of the Secretary, U.S. International Trade
Commission’s Rules of Practice and Procedure (19 Commission are contained in USITC Commission, 500 E Street SW., Room
CFR 207.2(f)). Publication 4582 (November 2015), 112, Washington, DC 20436, telephone

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72736 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices

(202) 205–2000. Hearing impaired section 337, and are the parties upon INTERNATIONAL TRADE
individuals are advised that information which the complaint is to be served: COMMISSION
on this matter can be obtained by
contacting the Commission’s TDD Nautilus Hyosung Inc., 281 [Investigation No. TPA–105–001]
terminal on (202) 205–1810. Persons Gwangpyeong-ro, Gangnam-gu Gu,
Seoul, Republic of Korea. Trans-Pacific Partnership Agreement:
with mobility impairments who will Likely Impact on the U.S. Economy and
need special assistance in gaining access Nautilus Hyosung America Inc., 6641 N. on Specific Industry Sectors
to the Commission should contact the Beltline Road, Suite 100, Irving, TX
Office of the Secretary at (202) 205– 75061. AGENCY: United States International
2000. General information concerning Trade Commission.
HS Global, Inc., 381 Thor Pl., Brea, CA
the Commission may also be obtained 92821. ACTION: Institution of investigation and
by accessing its Internet server at scheduling of public hearing.
http://www.usitc.gov. The public record (3) For the investigation so instituted,
for this investigation may be viewed on the Chief Administrative Law Judge, SUMMARY: Following receipt on
the Commission’s electronic docket U.S. International Trade Commission, November 5, 2015 of a request from the
(EDIS) at http://edis.usitc.gov. shall designate the presiding U.S. Trade Representative (USTR), the
FOR FURTHER INFORMATION CONTACT: The Administrative Law Judge. Commission has instituted investigation
Office of Docket Services, U.S. The Office of Unfair Import No. TPA–105–001, Trans-Pacific
International Trade Commission, Partnership Agreement: Likely Impact
Investigations will not participate as a
telephone (202) 205–1802. on the U.S. Economy and on Specific
party in this investigation.
Industry Sectors, under section 105(c) of
SUPPLEMENTARY INFORMATION: Responses to the complaint and the the Bipartisan Congressional Trade
Authority: The authority for institution of notice of investigation must be Priorities and Accountability Act of
this investigation is contained in section 337 submitted by the named respondents in 2015 (19 U.S.C. 4204(c)), for the purpose
of the Tariff Act of 1930, as amended, and accordance with section 210.13 of the of assessing the likely impact of the
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
Commission’s Rules of Practice and Agreement on the U.S. economy as a
(2015). Procedure, 19 CFR 210.13. Pursuant to whole and on specific industry sectors
19 CFR 201.16(e) and 210.13(a), such and the interests of U.S. consumers. In
Scope of Investigation: Having responses will be considered by the addition to the United States, the
considered the complaint, the U.S. Commission if received not later than 20 Agreement includes Australia, Brunei
International Trade Commission, on days after the date of service by the Darussalam, Canada, Chile, Japan,
November 16, 2015, ordered that— Commission of the complaint and the Malaysia, Mexico, New Zealand, Peru,
(1) Pursuant to subsection (b) of notice of investigation. Extensions of Singapore, and Vietnam.
section 337 of the Tariff Act of 1930, as time for submitting responses to the DATES:
amended, an investigation be instituted complaint and the notice of December 22, 2015: Deadline for filing
to determine whether there is a investigation will not be granted unless requests to appear at the public hearing.
violation of subsection (a)(1)(B) of good cause therefor is shown. December 29, 2015: Deadline for filing
section 337 in the importation into the pre-hearing briefs and statements.
United States, the sale for importation, Failure of a respondent to file a timely January 13, 2016: Public hearing.
or the sale within the United States after response to each allegation in the January 22, 2016: Deadline for filing
importation of certain automated teller complaint and in this notice may be post-hearing briefs and statements.
machines, ATM modules, components deemed to constitute a waiver of the February 15, 2016: Deadline for filing
thereof, and products containing the right to appear and contest the all other written submissions.
same by reason of infringement of one allegations of the complaint and this May 18, 2016: Anticipated date for
or more of claims 1, 2, 5–8, 10, 16–18, notice, and to authorize the transmitting Commission report to the
20, 22, 23, 26, and 27 of the ’616 patent; administrative law judge and the President and Congress.
claims 1–8, 12–18, and 21–27 of the Commission, without further notice to ADDRESSES: All Commission offices,
’461 patent; claims 1–15, 18–20, 22–26, the respondent, to find the facts to be as including the Commission’s hearing
and 28–30 of the ’010 patent; claims 1– alleged in the complaint and this notice rooms, are located in the United States
4, 6, 14, 15, and 19 of the ’761 patent; and to enter an initial determination International Trade Commission
claims 1–5 and 13–24 of the ’163 patent; and a final determination containing Building, 500 E Street SW., Washington,
and claims 1–8 and 12–20 of the ’631 such findings, and may result in the DC. All written submissions should be
patent, and whether an industry in the issuance of an exclusion order or a cease addressed to the Secretary, United
United States exists as required by and desist order or both directed against States International Trade Commission,
subsection (a)(2) of section 337; the respondent. 500 E Street SW., Washington, DC
(2) For the purpose of the 20436. The public record for this
investigation so instituted, the following By order of the Commission.
investigation may be viewed on the
are hereby named as parties upon which Issued: November 17, 2015. Commission’s electronic docket (EDIS)
this notice of investigation shall be Lisa R. Barton, at https://edis.usitc.gov.
served: Secretary to the Commission. FOR FURTHER INFORMATION CONTACT:
(a) The complainants are:
[FR Doc. 2015–29669 Filed 11–19–15; 8:45 am] Project Leader Jose Signoret (202–205–
Diebold, Incorporated, 5995 Mayfair
tkelley on DSK3SPTVN1PROD with NOTICES

BILLING CODE 7020–02–P 3125 or jose.signoret@usitc.gov) or
Road, North Canton, OH 44720. Deputy Project Leader Laura Bloodgood
Diebold Self-Service Systems, 5995 (202–708–4726 or laura.bloodgood@
Mayfair Road, North Canton, OH usitc.gov) for information specific to this
44720. investigation. For information on the
(b) The respondents are the following legal aspects of this investigation,
entities alleged to be in violation of contact William Gearhart of the

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Document Created: 2015-12-14 13:58:30
Document Modified: 2015-12-14 13:58:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		80 FR 72735