80 FR 79095 - Certain Iron Mechanical Transfer Drive Components From Canada and China

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range		79095-79096
FR Document		2015-31779

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79095-79096]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31779]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-550 and 731-TA-1304-1305 (Preliminary)]


Certain Iron Mechanical Transfer Drive Components From Canada and 
China

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that there is a reasonable indication that an industry in the 
United States is materially injured by reason of imports of certain 
iron mechanical transfer drive components (``IMTDCs'') from Canada and 
China, provided for in subheadings 8483.30.80, 8483.50.60, 8483.50.90, 
8483.90.30, 8483.90.80, 7325.10.00, 7325.99.10, 7326.19.00, 8431.31.00, 
8431.39.00, and 8483.50.40 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be sold in the United States at less 
than fair value (``LTFV'') and that are allegedly subsidized by the 
government of China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (``Commerce'') of affirmative preliminary 
determinations in the investigations under sections 703(b) or 733(b) of 
the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) or 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
Industrial users, and, if the merchandise under investigation is sold 
at the retail level, representative consumer organizations have the 
right to appear as parties in Commission antidumping and countervailing 
duty investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

[[Page 79096]]

Background

    On October 28, 2015, TB Wood's Incorporated, Chambersburg, 
Pennsylvania filed petitions with the Commission and Commerce, alleging 
that an industry in the United States is materially injured or 
threatened with material injury by reason of LTFV imports of IMTDCs 
from Canada and China and subsidized imports of IMTDCs from China. 
Accordingly, effective October 28, 2015, the Commission, pursuant to 
sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 
1671b(a) and 1673b(a)), instituted countervailing duty investigation 
No. 701-TA-550 and antidumping duty investigation Nos. 731-TA-1304-1305 
(Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of November 3, 2015 (80 FR 67789). The 
conference was held in Washington, DC, on November 18, 2015, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to sections 
703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 
1673b(a)). It completed and filed its determinations in these 
investigations on December 14, 2015. The views of the Commission are 
contained in USITC Publication 4587 (December 2015), entitled Certain 
Iron Mechanical Transfer Drive Components from Canada and China: 
Investigation Nos. 701-TA-550 and 731-TA-1304-1305 (Preliminary).

    By order of the Commission.

    Issued: December 14, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-31779 Filed 12-17-15; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79095

importation into the United States, the Pacific Coast Textiles, Inc., 12621 INTERNATIONAL TRADE
sale for importation, or the sale within Western Avenue, Garden Grove, CA COMMISSION
the United States after importation of 92841.
[Investigation Nos. 701–TA–550 and 731–
certain woven textile fabrics and Amrapur Overseas, Inc., 12621 Western TA–1304–1305 (Preliminary)]
products containing same by reason of Avenue, Garden Grove, CA 92841.
infringement of one or more of claims Certain Iron Mechanical Transfer Drive
1–7 of the ’790 patent, and whether an Westport Linens, Inc., 230 5th Avenue Components From Canada and China
industry in the United States exists as # 1611, New York, NY 10001.
required by subsection (a)(2) of section Determinations
(c) The Office of Unfair Import
337; Investigations, U.S. International Trade On the basis of the record 1 developed
(b) whether there is a violation of Commission, 500 E Street SW., Suite in the subject investigations, the United
subsection (a)(1)(A) of section 337 in the States International Trade Commission
401, Washington, DC 20436; and
importation into the United States, or in (‘‘Commission’’) determines, pursuant
the sale of certain woven textile fabrics (3) For the investigation so instituted, to the Tariff Act of 1930 (‘‘the Act’’),
and products containing same by reason the Chief Administrative Law Judge, that there is a reasonable indication that
of false advertising, the threat or effect U.S. International Trade Commission, an industry in the United States is
of which is to destroy or substantially shall designate the presiding materially injured by reason of imports
injure an industry in the United States; Administrative Law Judge. of certain iron mechanical transfer drive
and Responses to the second amended components (‘‘IMTDCs’’) from Canada
(2) For the purpose of the complaint and the notice of and China, provided for in subheadings
investigation so instituted, the following investigation must be submitted by the 8483.30.80, 8483.50.60, 8483.50.90,
are hereby named as parties upon which named respondents in accordance with 8483.90.30, 8483.90.80, 7325.10.00,
this notice of investigation shall be 7325.99.10, 7326.19.00, 8431.31.00,
section 210.13 of the Commission’s
served: 8431.39.00, and 8483.50.40 of the
Rules of Practice and Procedure, 19 CFR
(a) The complainant is: Harmonized Tariff Schedule of the
210.13. Pursuant to 19 CFR 201.16(e) United States, that are alleged to be sold
AAVN, Inc., 1401 North Central and 210.13(a), such responses will be
Expressway, Suite 370, Richardson, in the United States at less than fair
considered by the Commission if value (‘‘LTFV’’) and that are allegedly
TX 75080.
received not later than 20 days after the subsidized by the government of China.
(b) The respondents are the following date of service by the Commission of the
entities alleged to be in violation of second amended complaint and the Commencement of Final Phase
section 337, and are the parties upon Investigations
notice of investigation. Extensions of
which the complaint is to be served: Pursuant to section 207.18 of the
time for submitting responses to the
AQ Textiles, LLC, 7622 Royster Road, second amended complaint and the Commission’s rules, the Commission
Greensboro, NC 27455. notice of investigation will not be also gives notice of the commencement
Creative Textile Mills Pvt. Ltd., 115/116, of the final phase of its investigations.
granted unless good cause therefor is
Sun Industrial Estate, Sun Mill The Commission will issue a final phase
shown.
Compound, Lower Parel (W), notice of scheduling, which will be
Mumbai, Maharashtra 400013, India. Failure of a respondent to file a timely published in the Federal Register as
Indo Count Industries Ltd., 301 Arcadia, response to each allegation in the provided in section 207.21 of the
3rd Floor, Nariman Point, Mumbai second amended complaint and in this Commission’s rules, upon notice from
400 021 Maharashtra, India. notice may be deemed to constitute a the Department of Commerce
Indo Count Global, Inc., 295 Fifth waiver of the right to appear and contest (‘‘Commerce’’) of affirmative
Avenue, Suite 1019, New York, NY the allegations of the second amended preliminary determinations in the
10016. complaint and this notice, and to investigations under sections 703(b) or
GHCL Limited, B–38, Institutional Area, authorize the administrative law judge 733(b) of the Act, or, if the preliminary
Sector-1, Noida, Uttar Pradesh 201 and the Commission, without further determinations are negative, upon
301 India. notice to the respondent, to find the notice of affirmative final
Grace Home Fashions LLC, 295 Fifth facts to be as alleged in the second determinations in those investigations
Avenue, Suite 812, New York, NY amended complaint and this notice and under sections 705(a) or 735(a) of the
10016. to enter an initial determination and a Act. Parties that filed entries of
E & E Company, Ltd., Ghodbunder appearance in the preliminary phase of
final determination containing such
Road, Waghbil Naka, Thane 400 607 the investigations need not enter a
findings, and may result in the issuance
Maharashtra, India. separate appearance for the final phase
E & E Company, Ltd., d/b/a JLA Home, of an exclusion order or a cease and
desist order or both directed against the of the investigations. Industrial users,
45875 Northport Loop East, Fremont, and, if the merchandise under
CA 94538. respondent.
investigation is sold at the retail level,
Welspun Global Brands Ltd., Welspun By order of the Commission. representative consumer organizations
City, Village Versamedi, Taluka Anjar, Issued: December 15, 2015. have the right to appear as parties in
District Kutch, Gujarat 370 110, India. Lisa R. Barton, Commission antidumping and
Welspun USA Inc., 295 Fifth Avenue, countervailing duty investigations. The
Secretary to the Commission.
mstockstill on DSK4VPTVN1PROD with NOTICES

Suite 1118–1120, New York, NY Secretary will prepare a public service
10016. [FR Doc. 2015–31839 Filed 12–17–15; 8:45 am]
list containing the names and addresses
Elite Home Products, Inc., 95 Mayhill BILLING CODE 7020–02–P
of all persons, or their representatives,
Street, Saddle Brook, NJ 07663. who are parties to the investigations.
Pradip Overseas Ltd., 104/105,
Chacharwadi, Opp. Zydus Cadilla, 1 The record is defined in sec. 207.2(f) of the
Sarkhej Bawla Highway, Commission’s Rules of Practice and Procedure (19
Ahmedabad—382 213, India. CFR 207.2(f)).

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79096 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

Background INTERNATIONAL TRADE Patent No. 6,992,667 (the ’667 patent);
COMMISSION claims 1 5, 7 19, 21 23, 25 30, 34 36,
On October 28, 2015, TB Wood’s 38, and 41 43 of U.S. Patent No.
Incorporated, Chambersburg, [Investigation No. 337–TA–932]
7,038,685 (the ’685 patent); claims 5 8,
Pennsylvania filed petitions with the 10, 12 20, and 24 27 of U.S. Patent No.
Certain Consumer Electronics and
Commission and Commerce, alleging 7,015,913 (the ’913 patent); claims 7, 8,
Display Devices With Graphics
that an industry in the United States is 11 13, 16 21, 23, 24, 28, and 29 of U.S.
Processing and Graphics Processing
materially injured or threatened with Units Therein Commission Decision Patent No. 6,697,063 (the ’063 patent);
material injury by reason of LTFV Not To Review the ALJ’s Final Initial claims 1 10, 12, and 14 of U.S. Patent
imports of IMTDCs from Canada and Determination Finding No Violation of No. 7,209,140 (the ’140 patent); and
China and subsidized imports of Section 337; Termination of claims 1 6, 9 16, and 19 25 of U.S.
IMTDCs from China. Accordingly, Patent No. 6,690,372 (the ’372 patent),
Investigation
effective October 28, 2015, the and whether an industry in the United
Commission, pursuant to sections 703(a) AGENCY: U.S. International Trade States exists as required by subsection
and 733(a) of the Tariff Act of 1930 (19 Commission. (a)(2) of section 337. 79 FR 61338 (Oct.
U.S.C. 1671b(a) and 1673b(a)), instituted ACTION: Notice. 10, 2014). Respondents include
countervailing duty investigation No. Samsung Electronics Co., Ltd. (Republic
SUMMARY: Notice is hereby given that of Korea); Samsung Electronics
701–TA–550 and antidumping duty
the U.S. International Trade America, Inc. (Ridgefield Park, NJ);
investigation Nos. 731–TA–1304–1305 Samsung Telecommunications America,
Commission has determined not to
(Preliminary). review the final initial determination LLC (Richardson, TX); Samsung
Notice of the institution of the (ID) issued on October 9, 2015, which Semiconductor, Inc. (San Jose, CA); and
Commission’s investigations and of a found no violation of section 337 of the Qualcomm, Inc. (San Diego, CA)
public conference to be held in Tariff Act of 1930, 19 U.S.C. 1337, in (collectively, Respondents). NVIDIA
connection therewith was given by this investigation. later withdrew all allegations regarding
posting copies of the notice in the Office FOR FURTHER INFORMATION CONTACT: Ron the ’488, ’667, ’913, and ’063 patents
of the Secretary, U.S. International Traud, Office of the General Counsel, and some allegations regarding the ’140,
Trade Commission, Washington, DC, U.S. International Trade Commission, ’372, and ’685 patents.
and by publishing the notice in the 500 E Street SW., Washington, DC On October 9, 2015, the presiding
Federal Register of November 3, 2015 20436, telephone (202) 205–3427. administrative law judge (ALJ) issued
Copies of non-confidential documents his ID finding no violation by
(80 FR 67789). The conference was held
filed in connection with this Respondents of section 337 with respect
in Washington, DC, on November 18,
investigation are or will be available for to the remaining allegations.
2015, and all persons who requested the Specifically, regarding the ‘140 patent,
opportunity were permitted to appear in inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the the ID concluded: (1) Claim 14 is invalid
person or by counsel. for obviousness; (2) the accused
Office of the Secretary, U.S.
The Commission made these products do not infringe; and (3) there
International Trade Commission, 500 E
determinations pursuant to sections is no domestic industry. Regarding the
Street SW., Washington, DC 20436,
703(a) and 733(a) of the Tariff Act of ‘372 patent, the ID concluded: (1) Claim
telephone (202) 205–2000.
1930 (19 U.S.C. 1671b(a) and 1673b(a)). 23 and claim 24 are invalid for
General information concerning the
It completed and filed its anticipation; (2) some of the accused
Commission may also be obtained by
determinations in these investigations products infringe claim 23, but none of
accessing its Internet server at http://
on December 14, 2015. The views of the the accused products infringe claim 24;
www.usitc.gov. The public record for
Commission are contained in USITC and (3) there is no domestic industry.
this investigation may be viewed on the
Publication 4587 (December 2015), Regarding the ‘685 patent, the ID
Commission’s electronic docket (EDIS)
concluded: (1) Neither claim 1 nor claim
entitled Certain Iron Mechanical at http://edis.usitc.gov. Hearing-
15 are invalid for anticipation; (2) the
Transfer Drive Components from impaired persons are advised that accused products do not infringe claim
Canada and China: Investigation Nos. information on this matter can be 1 or claim 15; and (3) there is a domestic
701–TA–550 and 731–TA–1304–1305 obtained by contacting the industry. The ID additionally found that
(Preliminary). Commission’s TDD terminal on (202) the scope of this investigation is limited
205–1810. to consumer electronics and display
By order of the Commission.
SUPPLEMENTARY INFORMATION: The devices that include graphics processing
Issued: December 14, 2015.
Commission instituted this investigation capabilities and that have graphics
Lisa R. Barton, based on a complaint filed by NVIDIA processing units therein, rejecting
Secretary to the Commission. Corporation of Santa Clara, California NVIDIA’s argument to include
[FR Doc. 2015–31779 Filed 12–17–15; 8:45 am] (NVIDIA). The investigation was Qualcomm graphics processing units
BILLING CODE 7020–02–P instituted to determine whether there is separate and apart from the consumer
a violation of subsection (a)(1)(B) of electronic and display devices.
section 337 in the importation into the On October 26, 2015, NVIDIA filed a
United States, the sale for importation, petition for review of the ALJ’s findings
mstockstill on DSK4VPTVN1PROD with NOTICES

or the sale within the United States after related to the ’372 and ’685 patents, and
importation of certain consumer Respondents filed a contingent petition
electronics and display devices with for review of the ALJ’s findings related
graphics processing and graphics to the ’140 and ’685 patents. NVIDIA
processing units therein by reason of did not seek review of the ALJ’s findings
infringement of one or more of claims 1, related to the ’140 patent. On October
19, and 20 of U.S. Patent No. 6,198,488 30, 2015, the ALJ issued his
(the ’488 patent); claims 1 29 of U.S. recommended determination on remedy

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Document Created: 2015-12-18 01:38:59
Document Modified: 2015-12-18 01:38:59

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
FR Citation		80 FR 79095