80 FR 79097 - Certain Ink Cartridges and Components Thereof; Commission's Determination to Review an Initial Determination in Part and, on Review, To Affirm a Finding of a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 243 (December 18, 2015)
Federal Register Volume 80, Issue 243 (December 18, 2015)
| Page Range | 79097-79099 | |
| FR Document | 2015-31817 |
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)] [Notices] [Pages 79097-79099] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31817] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-946] Certain Ink Cartridges and Components Thereof; Commission's Determination to Review an Initial Determination in Part and, on Review, To Affirm a Finding of a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on October 28, 2015, [[Page 79098]] granting summary determination that 17 defaulting respondents have violated section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. On review, the Commission affirms with modifications the ALJ's findings regarding the importation requirement. The Commission's determination results in a determination of a violation of section 337. Accordingly, the Commission requests written submissions, under the schedule set forth below, on remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 27, 2015, based on a complaint filed by Epson Portland Inc. of Hillsboro, Oregon; Epson America, Inc. of Long Beach, California; and Seiko Epson Corporation of Japan (collectively, ``Epson''). 80 FR 4314-16 (Jan. 27, 2015). The complaint alleged violations of section 337 by reason of the importation into the United States, the sale for importation, and the sale within the United States after importation of certain ink cartridges and components thereof that infringe certain claims of U.S. Patent Nos. 8,366,233 (``the '233 patent''); 8,454,116 (``the '116 patent''); 8,794,749 (``the '749 patent''); 8,801,163 (``the '163 patent''); and 8,882,513 (``the '513 patent''). Id. The notice of investigation named 19 respondents. See id. The Office of Unfair Import Investigations is a party in this investigation. Respondents Zhuhai Nano Digital Technology, Co., Ltd. of Guangdong, China and Nano Business and Technology, Inc. of Lake Oswego, Oregon were terminated from the investigation based upon a settlement agreement and consent order. See Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation as to Certain Respondents Based on a Settlement Agreement and Consent Order; Issuance of a Consent Order (Aug. 5, 2015). The remaining 17 respondents were found in default. See Notice of a Commission Determination Not to Review an Initial Determination Finding Certain Respondents in Default (July 10, 2015). On August 31, 2015, Epson moved for a summary determination of a violation of section 337 by the defaulting respondents and for issuance of a general exclusion order and cease and desist orders. On September 11, 2015, the Commission Investigative Attorney (``IA'') filed a response in support of the motion. No other responses to the motion were received. On September 16, 2015, the ALJ issued an ID partially terminating the investigation based on Epson's withdrawal of certain claims. See Notice of a Commission Determination Not to Review an Initial Determination Terminating the Investigation in Part as to Certain Claims (Oct. 15, 2015). Claims 1 and 10 of the '233 patent; claims 9, 14, 18, and 21 of the '116 patent; claims 1, 18, 49, and 60 of the '749 patent; claims 1 and 6 of the '163 patent; and claims 14, 15, and 19 of the '513 patent remain pending in this investigation. See Order No. 12 at 8-19. On October 28, 2015, the ALJ issued the subject ID granting Epson's motion for summary determination of violation and recommending the issuance of a general exclusion order and cease and desist orders. See Order No. 12. No party petitioned for review of the ID. The Commission has determined to review only the importation analysis in the ID. Upon review, the Commission affirms a finding that Epson has met the importation requirement. In addition to the specific instances of importation by each defaulting respondent identified in the ID, the record evidence supports a finding that respondent Zhuhai National, through its intermediary respondent Huebon, sold and imported accused ink cartridge control no. 7579 (Group 4 cartridge) in 2014. Seitz 2015 Decl. ] 39; Seitz Ex. 1.170. In addition, the record evidence supports a finding that respondent Zinyaw sold accused ink cartridge control no. 7556 (Group 5 cartridge) after they were imported into the United States in 2014. Seitz 2015 Decl. ] 156; Seitz Ex. 1.215. 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(s) 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 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: 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. Complainant and the IA are also requested to submit proposed remedial orders for the Commission's [[Page 79099]] consideration. Complainant is further requested to state the date that the patents expire and the HTSUS subheadings under which the accused products are imported, and provide identification information for all known importers of the subject articles. Written submissions and proposed remedial orders must be filed no later than close of business on Wednesday, December 30, 2015. Reply submissions must be filed no later than the close of business on Wednesday, January 6, 2015. Such submissions should address the ALJ's recommended determinations on remedy and bonding which were made in Order No. 12. 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 (8) 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-946'') 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 determinations 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. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-31817 Filed 12-17-15; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79097
and bond. On November 3, 2015, Commission should contact the Office written statement (which shall not
NVIDIA, Respondents, and the Office of of the Secretary at 202–205–2000. contain any new factual information)
Unfair Import Investigations filed General information concerning the pertinent to the review by January 5,
responses to the petitions and Commission may also be obtained by 2016. However, should the Department
contingent petitions. Having examined accessing its internet server (http:// of Commerce extend the time limit for
the record of this investigation, www.usitc.gov). The public record for its completion of the final results of its
including the ID, the petition for review, this review may be viewed on the review, the deadline for comments
the contingent petition thereto, and the Commission’s electronic docket (EDIS) (which may not contain new factual
respective responses, the Commission at http://edis.usitc.gov. information) on Commerce’s final
has determined not to review the ID. SUPPLEMENTARY INFORMATION: results is three business days after the
On September 24, 2015, NVIDIA filed Background.—On December 7, 2015, issuance of Commerce’s results. If
an Unopposed Motion to Terminate the the Commission determined that the comments contain business proprietary
Investigation as to Respondent Samsung domestic interested party group information (BPI), they must conform
Telecommunications America, LLC. We response to its notice of institution (80 with the requirements of sections 201.6,
have reviewed the motion, and it is FR 52793, September 1, 2015) of the 207.3, and 207.7 of the Commission’s
granted. subject five-year review was adequate rules. Please be aware that the
The authority for the Commission’s and that the respondent interested party Commission’s rules with respect to
determination is contained in section group response was inadequate.1 The filing have changed. The most recent
337 of the Tariff Act of 1930, as Commission did not find any other amendments took effect on July 25,
amended (19 U.S.C. 1337), and in circumstances that would warrant 2014. See 79 FR 35920 (June 25, 2014),
sections 210.42 46 of the Commission’s conducting a full review.2 Accordingly, and the revised Commission Handbook
Rules of Practice and Procedure (19 CFR the Commission determined that it on E-filing, available from the
210.42 46). would conduct an expedited review Commission’s Web site at http://
By order of the Commission. pursuant to section 751(c)(3) of the edis.usitc.gov.
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). In accordance with sections 201.16(c)
Issued: December 14, 2015.
For further information concerning and 207.3 of the rules, each document
Lisa R. Barton,
the conduct of this review and rules of filed by a party to the review must be
Secretary to the Commission. served on all other parties to the review
general application, consult the
[FR Doc. 2015–31816 Filed 12–17–15; 8:45 am] (as identified by either the public or BPI
Commission’s Rules of Practice and
BILLING CODE 7020–02–P
Procedure, part 201, subparts A and B service list), and a certificate of service
(19 CFR part 201), and part 207, must be timely filed. The Secretary will
subparts A, D, E, and F (19 CFR part not accept a document for filing without
INTERNATIONAL TRADE a certificate of service.
207).
COMMISSION Staff report.—A staff report Authority: This review is being conducted
[Investigation No. 731–TA–125 (Fourth containing information concerning the under authority of title VII of the Tariff Act
Review)] subject matter of the review will be of 1930; this notice is published pursuant to
placed in the nonpublic record on section 207.62 of the Commission’s rules.
Potassium Permanganate From China; December 28, 2015, and made available By order of the Commission.
Scheduling of an Expedited Five-Year to persons on the Administrative Issued: December 14, 2015.
Review Protective Order service list for this Lisa R. Barton,
AGENCY: United States International review. A public version will be issued
Secretary to the Commission.
Trade Commission. thereafter, pursuant to section
[FR Doc. 2015–31809 Filed 12–17–15; 8:45 am]
207.62(d)(4) of the Commission’s rules.
ACTION: Notice. BILLING CODE 7020–02–P
Written submissions.—As provided in
SUMMARY: The Commission hereby gives section 207.62(d) of the Commission’s
notice of the scheduling of an expedited rules, interested parties that are parties
INTERNATIONAL TRADE
review pursuant to the Tariff Act of to the review and that have provided
COMMISSION
1930 (‘‘the Act’’) to determine whether individually adequate responses to the
revocation of the antidumping duty notice of institution,3 and any party [Investigation No. 337–TA–946]
order on potassium permanganate from other than an interested party to the
review may file written comments with Certain Ink Cartridges and
China would be likely to lead to Components Thereof; Commission’s
continuation or recurrence of material the Secretary on what determination the
Commission should reach in the review. Determination to Review an Initial
injury within a reasonably foreseeable Determination in Part and, on Review,
time. Comments are due on or before January
5, 2016 and may not contain new factual To Affirm a Finding of a Violation of
DATES: Effective Date: December 7, information. Any person that is neither Section 337; Request for Written
2015. a party to the five-year review nor an Submissions on Remedy, the Public
FOR FURTHER INFORMATION CONTACT: interested party may submit a brief Interest, and Bonding
Michael Szustakowski ((202) 205–3169), AGENCY: U.S. International Trade
1A record of the Commissioners’ votes, the
Office of Investigations, U.S. Commission.
Commission’s statement on adequacy, and any
mstockstill on DSK4VPTVN1PROD with NOTICES
International Trade Commission, 500 E individual Commissioner’s statements will be ACTION: Notice.
Street SW., Washington, DC 20436. available from the Office of the Secretary and at the
Hearing-impaired persons can obtain Commission’s Web site. SUMMARY: Notice is hereby given that
information on this matter by contacting 2 Chairman Meredith M. Broadbent voted to
the U.S. International Trade
the Commission’s TDD terminal on 202– conduct a full review. Commission has determined to review-
3 The Commission has found the response
205–1810. Persons with mobility submitted by Carus Corporation to be individually
in-part the initial determination (‘‘ID’’)
impairments who will need special adequate. Comments from other interested parties issued by the presiding administrative
assistance in gaining access to the will not be accepted (see 19 CFR 207.62(d)(2)). law judge (‘‘ALJ’’) on October 28, 2015,
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![Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79099
consideration. Complainant is further DEPARTMENT OF JUSTICE permitting electronic submission of
requested to state the date that the responses.
[OMB Number 1140–0076]
patents expire and the HTSUS
Overview of This Information
subheadings under which the accused Agency Information Collection Collection
products are imported, and provide Activities; Proposed eCollection
identification information for all known eComments Requested; Revision of a 1. Type of Information Collection:
importers of the subject articles. Previously Approved Collection Relief Revision of a currently approved
Written submissions and proposed collection.
of Disabilities and Application for
remedial orders must be filed no later 2. The Title of the Form/Collection:
Restoration of Explosive Privileges
than close of business on Wednesday, Relief of Disabilities and Application for
December 30, 2015. Reply submissions AGENCY: Bureau of Alcohol, Tobacco, Restoration of Explosives Privileges.
must be filed no later than the close of Firearms and Explosives, Department of 3. The agency form number, if any,
business on Wednesday, January 6, Justice. and the applicable component of the
2015. Such submissions should address ACTION: 60-day notice. Department sponsoring the collection:
the ALJ’s recommended determinations The form number is 5400.29. The
on remedy and bonding which were SUMMARY: The Department of Justice applicable component within the
made in Order No. 12. No further (DOJ), Bureau of Alcohol, Tobacco, Department of Justice is the Bureau of
submissions on any of these issues will Firearms and Explosives (ATF), will be Alcohol, Tobacco, Firearms and
be permitted unless otherwise ordered submitting the following information Explosives, in the Explosives
by the Commission. collection request to the Office of Enforcement Branch.
Persons filing written submissions Management and Budget (OMB) for 4. Affected public who will be asked
must file the original document review and approval in accordance with or required to respond, as well as a brief
electronically on or before the deadlines the Paperwork Reduction Act of 1995. abstract:
stated above and submit eight (8) true DATES: Comments are encouraged and Primary: Individuals.
paper copies to the Office of the will be accepted for 60 days until Other (if applicable): None.
Secretary by noon the next day pursuant February 16, 2016. Abstract: ATF is charged with the
to section 210.4(f) of the Commission’s FOR FURTHER INFORMATION CONTACT: If responsibility for enforcing Title XI of
Rules of Practice and Procedure (19 CFR you have additional comments the Organized Crime Control Act (the
210.4(f)). Submissions should refer to especially on the estimated public Act) of 1970 and the implementing
the investigation number (‘‘Inv. No. burden or associated response time, regulations contained at 27 CFR, Part
337–TA–946’’) in a prominent place on suggestions, or need a copy of the 555. Subtitle C of Public Law 107–296,
the cover page and/or the first page. (See proposed information collection the Safe Explosives Act, enacted
Handbook for Electronic Filing instrument with instructions or November 25, 2003, amended the Act to
Procedures, http://www.usitc.gov/ additional information, please contact give the Director authority to grant relief
secretary/fed_reg_notices/rules/ Laurie O’ Lena, 3750 Corporal Road, from disability for any person who is
handbook_on_electronic_filing.pdf). Huntsville, AL 35898 at email or prohibited from shipping, transporting,
Persons with questions regarding filing telephone: EROD@atf.gov or (256) 261– receiving, or possessing an explosive
should contact the Secretary (202–205– 7640. under section 842(i) of the Act. The
2000). Any person desiring to submit a
SUPPLEMENTARY INFORMATION: Written regulations at 27 CFR, Section 555.142
document to the Commission in
comments and suggestions from the state that the Director may grant relief
confidence must request confidential
public and affected agencies concerning to an applicant if it is established to the
treatment. All such requests should be
the proposed collection of information satisfaction of the Director that the
directed to the Secretary to the
are encouraged. Your comments should circumstances regarding the disability
Commission and must include a full
address one or more of the following and the applicant’s record and
statement of the reasons why the
four points: reputation are such that the applicant
Commission should grant such
—Evaluate whether the proposed will not be likely to act in a manner
treatment. See 19 CFR 201.6. Documents
collection of information is necessary dangerous to public safety. The ATF
for which confidential treatment by the
for the proper performance of the Form 5400.29, Application for
Commission is properly sought will be
functions of the Bureau of Alcohol, Restoration of Explosives Privileges, is
treated accordingly. A redacted non-
Tobacco, Firearms and Explosives, used by ATF to conduct background
confidential version of the document
including whether the information investigations on all applicants for
must also be filed simultaneously with
will have practical utility; restoration of explosives privileges. In
any confidential filing. All non-
—Evaluate the accuracy of the agency’s an effort to ensure that any person
confidential written submissions will be
estimate of the burden of the applying for restoration of explosives
available for public inspection at the
proposed collection of information, privileges has a record and reputation
Office of the Secretary and on EDIS.
The authority for the Commission’s including the validity of the such that the applicant will not be likely
determinations is contained in section methodology and assumptions used; to act in a manner dangerous to public
337 of the Tariff Act of 1930, as —Evaluate whether and if so how the safety and that the granting of such
amended (19 U.S.C. 1337), and in part quality, utility, and clarity of the relief would not be contrary to the
210 of the Commission’s Rules of information to be collected can be public interest, ATF proposes that all
mstockstill on DSK4VPTVN1PROD with NOTICES
Practice and Procedure (19 CFR part enhanced; and applicants complete ATF Form 5400.29.
210). —Minimize the burden of the collection 5. An estimate of the total number of
of information on those who are to respondents and the amount of time
By order of the Commission. respond, including through the use of estimated for an average respondent to
Lisa R. Barton, appropriate automated, electronic, respond: We estimated that there are a
Secretary to the Commission. mechanical, or other technological total of 300 respondents associated with
[FR Doc. 2015–31817 Filed 12–17–15; 8:45 am] collection techniques or other forms this information collection request. We
BILLING CODE 7020–02–P of information technology, e.g., estimate that each respondent will
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Document Created: 2015-12-18 01:38:48
Document Modified: 2015-12-18 01:38:48
| 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 | Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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 79097 |
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