80 FR 8685 - Certain Light-Emitting Diode Products and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 32 (February 18, 2015)
Federal Register Volume 80, Issue 32 (February 18, 2015)
| Page Range | 8685-8686 | |
| FR Document | 2015-03267 |
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)] [Notices] [Pages 8685-8686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03267] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-947] Certain Light-Emitting Diode Products and Components Thereof 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 January 12, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Cree, Inc. of Durham, North Carolina. A supplement to the complaint was filed on January 29, 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 light-emitting diode products and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,657,236 (``the '236 patent''); U.S. Patent No. 6,885,036 (``the '036 patent''); U.S. Patent No. 6,614,056 (``the '056 patent''); U.S. Patent No. 7,312,474 (``the '474 patent''); U.S. Patent No. 7,976,187 (``the '187 patent''); U.S. Patent No. 8,766,298 (``the '298 patent''); U.S. Patent No. 8,596,819 (``the '819 patent''); and U.S. Patent No. 8,628,214 (``the '214 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges violations of section 337 based upon the importation into the United States, the sale for importation into the United States, and the sale within the United States after importation, of certain light- emitting diodes and components thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests 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 (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 Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. 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 (2014). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 11, 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: (a) 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 light-emitting diode products and components thereof by reason of infringement of one or more of claims 1, 2, 4-6, 8, 11, 12, 14-16, 20, 23-26, 28, and 32 of the '236 patent; claims 1-7, 9-11, and 13 of the '036 patent; claims 1-4, 6, and 10 of the '056 patent; claims 1-3, 6, 7, and 15-21 of the '474 patent; claims 1-6 and 26-30 of the '187 patent; claims 1-5 of the '298 patent; claims 1-4, 6-12, 19, 22-28, and 52-59 of the '819 patent; and claims 7, 8, 14, 15-19, 24, and 25 of the '214 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or the sale of certain light-emitting diode products and components thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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 complainant is: Cree, Inc., 4600 Silicon Drive, Durham, NC 27703. (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: Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660. Feit Electric Company, Inc., Zone B, 2/F, Xinyu Building, No. 17, Huoju East Road, Huli District, Xiamen, China. Unity Opto Technology Co., Ltd., 10th Floor, No. 88-8, Sec. 1, Guangfu Road, Sanchong District, New Taipei City 241, Taiwan. Unity Microelectronics, Inc., 1501 Summit Ave., Suite 10, Plano, Texas 75074. (c) The Office of Unfair Import Investigations, U.S. International Trade [[Page 8686]] Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. 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: February 12, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-03267 Filed 2-17-15; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8685
Permit TE–55794B Durham, North Carolina. A supplement of the Tariff Act of 1930, as amended, and
to the complaint was filed on January in section 210.10 of the Commission’s Rules
Applicant: ONE GAS, Inc., Tulsa, OK of Practice and Procedure, 19 CFR 210.10
29, 2015. The complaint alleges
Applicant requests a new permit for violations of section 337 based upon the (2014).
oil and gas midstream production, importation into the United States, the Scope of Investigation: Having
including construction, maintenance, sale for importation, and the sale within considered the complaint, the U.S.
operation, repair, decommissioning, and the United States after importation of International Trade Commission, on
reclamation of oil and gas gathering, certain light-emitting diode products February 11, 2015, ordered that—
transmission, and distribution pipeline and components thereof by reason of (1) Pursuant to subsection (b) of
infrastructure within Oklahoma. infringement of certain claims of U.S. section 337 of the Tariff Act of 1930, as
Patent No. 6,657,236 (‘‘the ’236 patent’’); amended, an investigation be instituted
Public Availability of Comments
U.S. Patent No. 6,885,036 (‘‘the ’036 to determine:
Written comments we receive become patent’’); U.S. Patent No. 6,614,056 (‘‘the (a) whether there is a violation of
part of the public record associated with ’056 patent’’); U.S. Patent No. 7,312,474 subsection (a)(1)(B) of section 337 in the
this action. Before including your (‘‘the ’474 patent’’); U.S. Patent No. importation into the United States, the
address, phone number, email address, 7,976,187 (‘‘the ’187 patent’’); U.S. sale for importation, or the sale within
or other personal identifying Patent No. 8,766,298 (‘‘the ’298 patent’’); the United States after importation of
information in your comment, you U.S. Patent No. 8,596,819 (‘‘the ’819 certain light-emitting diode products
should be aware that your entire patent’’); and U.S. Patent No. 8,628,214 and components thereof by reason of
comment—including your personal (‘‘the ’214 patent’’), and that an industry infringement of one or more of claims 1,
identifying information—may be made in the United States exists as required 2, 4–6, 8, 11, 12, 14–16, 20, 23–26, 28,
publicly available at any time. While by subsection (a)(2) of section 337. The and 32 of the ’236 patent; claims 1–7,
you can request in your comment that complaint further alleges violations of 9–11, and 13 of the ’036 patent; claims
we withhold your personal identifying section 337 based upon the importation 1–4, 6, and 10 of the ’056 patent; claims
information from public review, we into the United States, the sale for 1–3, 6, 7, and 15–21 of the ’474 patent;
cannot guarantee that we will be able to importation into the United States, and claims 1–6 and 26–30 of the ’187 patent;
do so. We will not consider anonymous the sale within the United States after claims 1–5 of the ’298 patent; claims 1–
comments. All submissions from importation, of certain light-emitting 4, 6–12, 19, 22–28, and 52–59 of the
organizations or businesses, and from diodes and components thereof by ’819 patent; and claims 7, 8, 14, 15–19,
individuals identifying themselves as reason of false advertising, the threat or 24, and 25 of the ’214 patent, and
representatives or officials of effect of which is to destroy or whether an industry in the United
organizations or businesses, will be substantially injure an industry in the States exists as required by subsection
made available for public disclosure in United States. (a)(2) of section 337;
their entirety. The complainant requests that the (b) whether there is a violation of
Commission institute an investigation subsection (a)(1)(A) of section 337 in the
Authority
and, after the investigation, issue a importation into the United States, or
We provide this notice under section limited exclusion order and cease and the sale of certain light-emitting diode
10(c) of the Act (16 U.S.C. 1531 et seq.) desist orders. products and components thereof by
and its implementing regulations (50 ADDRESSES: The complaint, except for reason of false advertising, the threat or
CFR 17.22) and the National any confidential information contained effect of which is to destroy or
Environmental Policy Act (42 U.S.C. therein, is available for inspection substantially injure an industry in the
4321 et seq.) and its implementing during official business hours (8:45 a.m. United States;
regulations (40 CFR 1506.6). to 5:15 p.m.) in the Office of the (2) For the purpose of the
Dated: February 9, 2015. Secretary, U.S. International Trade investigation so instituted, the following
Joy E. Nicholopoulos, Commission, 500 E Street SW., Room are hereby named as parties upon which
Acting Regional Director, Southwest Region. 112, Washington, DC 20436, telephone this notice of investigation shall be
[FR Doc. 2015–03292 Filed 2–17–15; 8:45 am]
(202) 205–2000. Hearing impaired served:
individuals are advised that information (a) The complainant is: Cree, Inc.,
BILLING CODE 4310–55–P
on this matter can be obtained by 4600 Silicon Drive, Durham, NC 27703.
contacting the Commission’s TDD (b) The respondents are the following
terminal on (202) 205–1810. Persons entities alleged to be in violation of
INTERNATIONAL TRADE
with mobility impairments who will section 337, and are the parties upon
COMMISSION
need special assistance in gaining access which the complaint is to be served:
[Investigation No. 337–TA–947] to the Commission should contact the Feit Electric Company, Inc., 4901 Gregg
Office of the Secretary at (202) 205– Road, Pico Rivera, CA 90660.
Certain Light-Emitting Diode Products 2000. General information concerning Feit Electric Company, Inc., Zone B, 2/
and Components Thereof Institution of the Commission may also be obtained F, Xinyu Building, No. 17, Huoju
Investigation by accessing its internet server at East Road, Huli District, Xiamen,
AGENCY: U.S. International Trade http://www.usitc.gov. The public record China.
Commission. for this investigation may be viewed on Unity Opto Technology Co., Ltd., 10th
the Commission’s electronic docket
emcdonald on DSK67QTVN1PROD with NOTICES
ACTION: Notice.
Floor, No. 88–8, Sec. 1, Guangfu
(EDIS) at http://edis.usitc.gov. Road, Sanchong District, New
SUMMARY: Notice is hereby given that a FOR FURTHER INFORMATION CONTACT: The Taipei City 241, Taiwan.
complaint was filed with the U.S. Office of Unfair Import Investigations, Unity Microelectronics, Inc., 1501
International Trade Commission on U.S. International Trade Commission, Summit Ave., Suite 10, Plano,
January 12, 2015, under section 337 of telephone (202) 205–2560. Texas 75074.
the Tariff Act of 1930, as amended, 19 Authority: The authority for institution of (c) The Office of Unfair Import
U.S.C. 1337, on behalf of Cree, Inc. of this investigation is contained in section 337 Investigations, U.S. International Trade
VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1](https://thefederalregister.org/doc/80_FR_8717/page/1.svg)
![8686 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
Commission, 500 E Street SW., Suite Investigation No. 1205–11 have been The modifications under
401, Washington, DC 20436; and posted on the Commission Web site. consideration concern: (1) The World
(3) For the investigation so instituted, Interested Federal agencies and the Customs Organization’s (WCO)
the Chief Administrative Law Judge, public are invited to submit written Recommendation of June 27, 2014 that
U.S. International Trade Commission, comments on the ‘‘proposed Contracting Parties to the International
shall designate the presiding recommendations’’ by April 20, 2015. Convention on the Harmonized
Administrative Law Judge. DATES: April 20, 2015: Deadline for Commodity Description and Coding
Responses to the complaint and the interested Federal agencies and the System (Convention) modify their tariff
notice of investigation must be public to file written views on the schedules to conform with amendments
submitted by the named respondents in Commission’s ‘‘proposed to the Harmonized System expected to
accordance with section 210.13 of the recommendations.’’ July 31, 2015: enter into force on January 1, 2017; and
Commission’s Rules of Practice and Transmittal of the Commission’s report (2) whether one of the two HTS
Procedure, 19 CFR 210.13. Pursuant to to the President. subheadings that apply to taro (also
19 CFR 201.16(e) and 210.13(a), such known as dasheen) should be deleted,
responses will be considered by the ADDRESSES: All Commission offices, and whether the HTS nomenclature for
Commission if received not later than 20 including the Commission’s hearing corned beef should be provided for
days after the date of service by the rooms, are located in the United States under a superior subheading for cured
Commission of the complaint and the International Trade Commission meat of bovine animals.
notice of investigation. Extensions of Building, 500 E Street SW., Washington, Section 1205(b) of the Trade Act of
time for submitting responses to the DC. All written submissions should be 1988 provides that, in formulating
complaint and the notice of addressed to the Secretary, United recommendations under section
investigation will not be granted unless States International Trade Commission, 1205(a), the Commission shall solicit,
good cause therefor is shown. 500 E Street SW., Washington, DC and give consideration to, the views of
Failure of a respondent to file a timely 20436. The public record for this interested Federal agencies and the
response to each allegation in the investigation may be viewed on the public. Section 1205(b) further provides
complaint and in this notice may be Commission’s electronic docket (EDIS) that, for the purposes of obtaining
deemed to constitute a waiver of the at http://www.usitc.gov/secretary/ public views, the Commission shall give
right to appear and contest the edis.htm. notice of ‘‘proposed recommendations’’
allegations of the complaint and this and afford reasonable opportunity for
FOR FURTHER INFORMATION CONTACT:
notice, and to authorize the interested parties to present their views
Daniel P. Shepherdson, Attorney-
administrative law judge and the in writing, particularly as to whether
Advisor, Office of Tariff Affairs and
Commission, without further notice to any of the proposed recommendations
Trade Agreements (202–205–2598, or
the respondent, to find the facts to be as would have an economic effect on an
Daniel.Shepherdson@usitc.gov) or John
alleged in the complaint and this notice industry in the United States.
Kitzmiller, Nomenclature Analyst, The Commission has posted its
and to enter an initial determination Office of Tariff Affairs and Trade
and a final determination containing ‘‘proposed recommendations’’ relating
Agreements (202–205–3387, or to the investigation on the Commission
such findings, and may result in the John.Kitzmiller@usitc.gov). The media
issuance of an exclusion order or a cease Web site at http://www.usitc.gov/tariff_
should contact Margaret O’Laughlin, affairs.htm. Interested Federal agencies
and desist order or both directed against Office of External Relations (202–205–
the respondent. and the public are invited to submit
1819, or Margaret.OLaughlin@usitc.gov). written comments on the ‘‘proposed
By order of the Commission. Hearing-impaired individuals may recommendations’’ by April 20, 2015.
Issued: February 12, 2015. obtain information on this matter by After considering written public
Lisa R. Barton, contacting the Commission’s TDD comments, the Commission will prepare
Secretary to the Commission. terminal at 202–205–1810. General and submit to the President a report in
information about the Commission may accordance with section 1205(c) of the
[FR Doc. 2015–03267 Filed 2–17–15; 8:45 am]
be obtained by accessing the Trade Act of 1988. The Commission
BILLING CODE 7020–02–P
Commission Web site at www.usitc.gov. expects to submit its report on July 31,
Persons with mobility impairments who 2015.
INTERNATIONAL TRADE will need special assistance in gaining Written Submissions: Interested
COMMISSION access to the Commission should parties are invited to file written
contact the Office of the Secretary at submissions concerning the ‘‘proposed
[Investigation No. 1205–11] 202–205–2000. recommendations.’’ All written
Background: On August 20, 2014, the submissions should be addressed to the
Proposed Recommendations Relating Commission instituted Investigation No. Secretary, and should be received not
to Recommended Modifications in the 1205–11, Recommended Modifications later than 5:15 p.m., April 20, 2015. All
Harmonized Tariff Schedule To in the Harmonized Tariff Schedule to written submissions must conform with
Conform With Amendments to the Conform with Amendments to the the provisions of § 201.8 of the
Harmonized System Recommended by Harmonized System Recommended by Commission’s Rules of Practice and
the World Customs Organization, and the World Customs Organization, and to Procedure (19 CFR 201.8). Section 201.8
To Address Other Matters Address Other Matters, pursuant to and the Commission’s Handbook on
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY: United States International section 1205 of the Omnibus Trade and Filing Procedures require that interested
Trade Commission. Competitiveness Act of 1988 (the Trade parties file documents electronically on
ACTION: Notice of ‘‘proposed Act of 1988) (19 U.S.C. 3005), for or before the filing deadline and submit
recommendations’’ and solicitation of purposes of recommending to the eight (8) true paper copies by 12:00 p.m.
public comments. President possible modifications in the eastern time on the next business day.
Harmonized Tariff Schedule of the In the event that confidential treatment
SUMMARY:The Commission’s ‘‘proposed United States (HTS) (79 FR. 50943, Aug. of a document is requested, interested
recommendations’’ relating to 26, 2014). parties must file, at the same time as the
VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1](https://thefederalregister.org/doc/80_FR_8717/page/2.svg)
Document Created: 2018-02-16 11:10:41
Document Modified: 2018-02-16 11:10:41
| 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 Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 80 FR 8685 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR