80_FR_81044 80 FR 80796 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

80 FR 80796 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range80796-80797
FR Document2015-32594

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same, DN 3107; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015)
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80796-80797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32594]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Laser-Driven Light 
Sources, Subsystems Containing Laser-Driven Light Sources, and Products 
Containing Same, DN 3107; the Commission is soliciting comments on any 
public interest issues raised by the complaint or complainant's filing 
under section 210.8(b) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at EDIS,\1\ and 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.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC. \2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS. \3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Energetiq Technology, Inc. on 
December 15, 2015. The complaint alleges violations of section 337 of 
the Tariff Act of 1930 (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 laser-driven light sources, 
subsystems containing laser-driven light sources, and products 
containing same. The complaint names as respondents ASML Netherlands 
B.V. of the Netherlands; ASML US, Inc. of Chandler, AZ; and Oioptiq 
Photonics GmbH & Co. KG of Germany. The complainant requests that the 
Commission issue a limited exclusion order, cease and desist orders, 
and impose a bond upon respondents' alleged infringing articles during 
the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.

[[Page 80797]]

    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 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 docket 
number (``Docket No. 3107'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures).\4\ Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    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. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

    Dated: December 16, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-32594 Filed 12-24-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                  80796                      Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices

                                                  its licensees, or third parties make in the             INTERNATIONAL TRADE                                   within the United States after
                                                  United States which could replace the                   COMMISSION                                            importation of certain laser-driven light
                                                  subject articles if they were to be                                                                           sources, subsystems containing laser-
                                                  excluded;                                               Notice of Receipt of Complaint;                       driven light sources, and products
                                                                                                          Solicitation of Comments Relating to                  containing same. The complaint names
                                                     (iv) indicate whether complainant,
                                                                                                          the Public Interest                                   as respondents ASML Netherlands B.V.
                                                  complainant’s licensees, and/or third
                                                  party suppliers have the capacity to                    AGENCY: U.S. International Trade                      of the Netherlands; ASML US, Inc. of
                                                  replace the volume of articles                          Commission.                                           Chandler, AZ; and Oioptiq Photonics
                                                  potentially subject to the recommended                                                                        GmbH & Co. KG of Germany. The
                                                                                                          ACTION: Notice.
                                                  exclusion order and/or a cease and                                                                            complainant requests that the
                                                  desist order within a commercially                      SUMMARY:   Notice is hereby given that                Commission issue a limited exclusion
                                                  reasonable time; and                                    the U.S. International Trade                          order, cease and desist orders, and
                                                                                                          Commission has received a complaint                   impose a bond upon respondents’
                                                     (v) explain how the limited exclusion                entitled Certain Laser-Driven Light                   alleged infringing articles during the 60-
                                                  order and cease and desist order would                  Sources, Subsystems Containing Laser-                 day Presidential review period pursuant
                                                  impact consumers in the United States.                  Driven Light Sources, and Products                    to 19 U.S.C. 1337(j).
                                                     Written submissions must be filed no                 Containing Same, DN 3107; the                            Proposed respondents, other
                                                  later than by close of business on                      Commission is soliciting comments on                  interested parties, and members of the
                                                  January 21, 2016. Persons filing written                any public interest issues raised by the              public are invited to file comments, not
                                                  submissions must file the original                      complaint or complainant’s filing under               to exceed five (5) pages in length,
                                                  document electronically on or before the                section 210.8(b) of the Commission’s                  inclusive of attachments, on any public
                                                  deadlines stated above and submit eight                 Rules of Practice and Procedure (19 CFR               interest issues raised by the complaint
                                                  true paper copies to the Office of the                  210.8(b)).                                            or section 210.8(b) filing. Comments
                                                  Secretary by noon the next day pursuant                 FOR FURTHER INFORMATION CONTACT: Lisa                 should address whether issuance of the
                                                  to section 210.4(f) of the Commission’s                 R. Barton, Secretary to the Commission,               relief specifically requested by the
                                                  Rules of Practice and Procedure (19 CFR                 U.S. International Trade Commission,                  complainant in this investigation would
                                                  210.4(f)). Submissions should refer to                  500 E Street SW., Washington, DC                      affect the public health and welfare in
                                                  the investigation number (Inv. No. 337–                 20436, telephone (202) 205–2000. The                  the United States, competitive
                                                  TA–939) in a prominent place on the                     public version of the complaint can be                conditions in the United States
                                                  cover page, the first page, or both. (See               accessed on the Commission’s                          economy, the production of like or
                                                  Handbook for Electronic Filing                          Electronic Document Information                       directly competitive articles in the
                                                  Procedures, http://www.usitc.gov/                       System (EDIS) at EDIS,1 and will be                   United States, or United States
                                                  secretary/fed_reg_notices/rules/                        available for inspection during official              consumers.
                                                  handbook_on_electronic_filing.pdf).                     business hours (8:45 a.m. to 5:15 p.m.)                  In particular, the Commission is
                                                  Persons with questions regarding filing                 in the Office of the Secretary, U.S.                  interested in comments that:
                                                  should contact the Secretary at (202)                   International Trade Commission, 500 E                    (i) explain how the articles potentially
                                                  205–2000.                                               Street SW., Washington, DC 20436,                     subject to the requested remedial orders
                                                     Any person desiring to submit a                      telephone (202) 205–2000.                             are used in the United States;
                                                  document to the Commission in                              General information concerning the                    (ii) identify any public health, safety,
                                                  confidence must request confidential                    Commission may also be obtained by                    or welfare concerns in the United States
                                                  treatment. All such requests should be                  accessing its Internet server at United               relating to the requested remedial
                                                  directed to the Secretary to the                        States International Trade Commission                 orders;
                                                  Commission and must include a full                      (USITC) at USITC. 2 The public record                    (iii) identify like or directly
                                                  statement of the reasons why the                        for this investigation may be viewed on               competitive articles that complainant,
                                                  Commission should grant such                            the Commission’s Electronic Document                  its licensees, or third parties make in the
                                                  treatment. See 19 CFR 201.6. Documents                  Information System (EDIS) at EDIS. 3                  United States which could replace the
                                                  for which confidential treatment by the                 Hearing-impaired persons are advised                  subject articles if they were to be
                                                  Commission is properly sought will be                   that information on this matter can be                excluded;
                                                  treated accordingly. A redacted non-                    obtained by contacting the                               (iv) indicate whether complainant,
                                                  confidential version of the document                    Commission’s TDD terminal on (202)                    complainant’s licensees, and/or third
                                                  must also be filed simultaneously with                  205–1810.                                             party suppliers have the capacity to
                                                  any confidential filing. All non-                       SUPPLEMENTARY INFORMATION: The                        replace the volume of articles
                                                  confidential written submissions will be                Commission has received a complaint                   potentially subject to the requested
                                                  available for public inspection at the                  and a submission pursuant to section                  exclusion order and/or a cease and
                                                  Office of the Secretary and on EDIS.                    210.8(b) of the Commission’s Rules of                 desist order within a commercially
                                                                                                          Practice and Procedure filed on behalf                reasonable time; and
                                                     This action is taken under the
                                                                                                          of Energetiq Technology, Inc. on                         (v) explain how the requested
                                                  authority of section 337 of the Tariff Act
                                                                                                          December 15, 2015. The complaint                      remedial orders would impact United
                                                  of 1930, as amended (19 U.S.C. 1337),
                                                                                                          alleges violations of section 337 of the              States consumers.
                                                  and of sections 201.10 and 210.50 of the
                                                                                                          Tariff Act of 1930 (19 U.S.C. 1337) in                   Written submissions must be filed no
                                                  Commission’s Rules of Practice and
                                                                                                          the importation into the United States,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Procedure (19 CFR 201.10, 210.50).                                                                            later than by close of business, eight
                                                                                                          the sale for importation, and the sale                calendar days after the date of
                                                    By order of the Commission.                                                                                 publication of this notice in the Federal
                                                    Dated: December 22, 2015.                               1 Electronic Document Information System
                                                                                                                                                                Register. There will be further
                                                  Lisa R. Barton,                                         (EDIS): http://edis.usitc.gov.
                                                                                                            2 United States International Trade Commission
                                                                                                                                                                opportunities for comment on the
                                                  Secretary to the Commission.                                                                                  public interest after the issuance of any
                                                                                                          (USITC): http://edis.usitc.gov.
                                                  [FR Doc. 2015–32597 Filed 12–24–15; 8:45 am]              3 Electronic Document Information System            final initial determination in this
                                                  BILLING CODE 7020–02–P                                  (EDIS): http://edis.usitc.gov.                        investigation.


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                                                                             Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices                                           80797

                                                     Persons filing written submissions                   ACTION:   Notice.                                     Rochester Hills, Michigan, Trico
                                                  must file the original document                                                                               Products of Brownsville, Texas, and
                                                  electronically on or before the deadlines               SUMMARY:     Notice is hereby given that              Trico Componentes SA de CV of
                                                  stated above and submit 8 true paper                    the U.S. International Trade                          Tamaulipas, Mexico (collectively,
                                                  copies to the Office of the Secretary by                Commission (‘‘the Commission’’) has                   ‘‘Trico’’). 79 FR 69525–26 (Nov. 21,
                                                  noon the next day pursuant to section                   determined to review in part and, on                  2014).
                                                  210.4(f) of the Commission’s Rules of                   review, to reverse in part and to vacate                 On December 9, 2014, the ALJ
                                                  Practice and Procedure (19 CFR                          in part the final initial determination               consolidated investigations Nos. 337–
                                                  210.4(f)). Submissions should refer to                  (‘‘ID’’) issued by the presiding                      TA–928 and 337–TA–937. See ALJ
                                                  the docket number (‘‘Docket No. 3107’’)                 administrative law judge (‘‘ALJ’’) on                 Order No. 8 in Inv. No. 337–TA–928.
                                                  in a prominent place on the cover page                  October 22, 2015. The Commission has                  The Office of Unfair Import
                                                                                                          also determined to remand the                         Investigations is not a party in these
                                                  and/or the first page. (See Handbook for
                                                                                                          investigation in part to the ALJ.                     consolidated investigations.
                                                  Electronic Filing Procedures, Electronic
                                                  Filing Procedures).4 Persons with                       FOR FURTHER INFORMATION CONTACT:                         On May 19, 2015, Valeo and Federal-
                                                  questions regarding filing should                       Michael Liberman, Esq., Office of the                 Mogul reached a settlement agreement
                                                  contact the Secretary (202–205–2000).                   General Counsel, U.S. International                   and filed a joint motion to terminate the
                                                     Any person desiring to submit a                      Trade Commission, 500 E Street SW.,                   Federal-Mogul Respondents from the
                                                  document to the Commission in                           Washington, DC 20436, telephone (202)                 consolidated investigations, which was
                                                  confidence must request confidential                    205–3115. Copies of non-confidential                  granted on June 5, 2015. See ALJ Order
                                                  treatment. All such requests should be                  documents filed in connection with this               No. 24, Inv. No. 337–TA–928 (June 5,
                                                  directed to the Secretary to the                        investigation are or will be available for            2015) (not reviewed June 29, 2015). The
                                                  Commission and must include a full                      inspection during official business                   Trico respondents remained in the
                                                  statement of the reasons why the                        hours (8:45 a.m. to 5:15 p.m.) in the                 consolidated investigations.
                                                  Commission should grant such                            Office of the Secretary, U.S.                            The evidentiary hearing on the
                                                                                                          International Trade Commission, 500 E                 question of violation of section 337 was
                                                  treatment. See 19 CFR 201.6. Documents
                                                                                                          Street SW., Washington, DC 20436,                     held in July of 2015. The final ID on
                                                  for which confidential treatment by the
                                                                                                          telephone (202) 205–2000. General                     violation was issued on October 22,
                                                  Commission is properly sought will be
                                                                                                          information concerning the Commission                 2015. The ALJ issued his recommended
                                                  treated accordingly. All nonconfidential
                                                                                                          may also be obtained by accessing its                 determination on remedy, the public
                                                  written submissions will be available for
                                                                                                          Internet server at http://www.usitc.gov.              interest and bonding on the same day.
                                                  public inspection at the Office of the
                                                                                                          The public record for this investigation              The ALJ found that a violation of
                                                  Secretary and on EDIS.5
                                                                                                          may be viewed on the Commission’s                     section 337 has occurred in the
                                                     This action is taken under the
                                                                                                          electronic docket (EDIS) at http://                   importation into the United States, the
                                                  authority of section 337 of the Tariff Act
                                                                                                          edis.usitc.gov. Hearing-impaired                      sale for importation, or the sale within
                                                  of 1930, as amended (19 U.S.C. 1337),                   persons are advised that information on               the United States after importation of
                                                  and of sections 201.10 and 210.8(c) of                  this matter can be obtained by                        certain windshield wipers and
                                                  the Commission’s Rules of Practice and                  contacting the Commission’s TDD                       components thereof by reason of
                                                  Procedure (19 CFR 201.10, 210.8(c)).                    terminal on (202) 205–1810.                           infringement of certain claims of the
                                                    By order of the Commission.                           SUPPLEMENTARY INFORMATION: The                        ‘798 patent. The ALJ recommended that
                                                    Dated: December 16, 2015.                             Commission instituted Investigation No.               the Commission issue a limited
                                                  Lisa R. Barton,                                         337–TA–928, Certain Windshield                        exclusion order directed to Trico’s
                                                  Secretary to the Commission.                            Wipers and Components Thereof, under                  accused products that infringe the ‘798
                                                  [FR Doc. 2015–32594 Filed 12–24–15; 8:45 am]            section 337 of the Tariff Act of 1930, as             patent. The ALJ did not recommend that
                                                  BILLING CODE 7020–02–P
                                                                                                          amended, 19 U.S.C. 1337 (‘‘section                    the Commission issue a cease and desist
                                                                                                          337’’), on September 2, 2014, based on                order in this investigation. Both parties
                                                                                                          a complaint filed by Valeo North                      to this investigation filed timely
                                                  INTERNATIONAL TRADE                                     America, Inc. of Troy, MI, and Delmex                 petitions for review of various portions
                                                  COMMISSION                                              de Juarez S. de R.L. de C.V. of Mexico                of the final ID, as well as timely
                                                                                                          (collectively, ‘‘Valeo’’). The complaint              responses to the petitions.
                                                  [Investigation No. 337–TA–928 Investigation             alleges a violation of section 337 by                    Having examined the record in this
                                                  No. 337–TA–937 (Consolidated)]                          reason of infringement of certain claims              investigation, including the ALJ’s final
                                                                                                          of U.S. Patent Nos. 7,891,044 (‘‘the ‘044             ID, the petitions for review, and the
                                                  Certain Windshield Wipers and                           patent’’); 7,937,798 (‘‘the ‘798 patent’’);           responses thereto, the Commission has
                                                  Components Thereof; Commission                          and 8,220,106 by Federal-Mogul Corp.                  determined to review the ID in part and,
                                                  Determination To Review in Part and,                    of Southfield, Michigan, Federal-Mogul                on review, to take certain actions. In
                                                  on Review, To Reverse in Part and To                    Vehicle Component Solutions, Inc. of                  particular, the Commission has
                                                  Vacate in Part a Final Initial                          Southfield, Michigan, and Federal-                    determined as follows:
                                                  Determination Finding a Violation of                    Mogul of Aubange, Belgium                                (1) To review the ALJ’s determination
                                                  Section 337, and To Remand the                          (collectively, ‘‘Federal-Mogul’’). 79 FR              in Order No. 36 (Jul. 16, 2015)
                                                  Investigation in Part to the                            52041–42 (Sep. 2, 2014).                              precluding arguments and evidence
                                                  Administrative Law Judge                                   On November 21, 2014, the                          relating to Trico’s 618 and 596
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Commission instituted Investigation No.               connectors on the basis that they are
                                                  AGENCY:U.S. International Trade                         337–TA–937, Certain Windshield                        obsolete and are irrelevant to the
                                                  Commission.                                             Wipers and Components Thereof, based                  present investigation, see ALJ Order No.
                                                                                                          on a complaint filed by Valeo. The                    36 at 1, and on review, to reverse this
                                                    4 Handbook for Electronic Filing Procedures:
                                                                                                          complaint alleges a violation of section              determination and to remand the
                                                  http://www.usitc.gov/secretary/fed_reg_notices/
                                                  rules/handbook_on_electronic_filing.pdf.                337 by reason of infringement of certain              investigation to the ALJ with respect to
                                                    5 Electronic Document Information System              claims of the ‘044 patent and the ‘798                this issue, to make findings regarding
                                                  (EDIS): http://edis.usitc.gov                           patent by Trico Products Corporation of               whether Trico products with 618 and


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Document Created: 2018-03-02 09:24:42
Document Modified: 2018-03-02 09:24:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and 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.
FR Citation80 FR 80796 

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