81 FR 11590 - Certain Hospital Beds, and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 43 (March 4, 2016)
Federal Register Volume 81, Issue 43 (March 4, 2016)
| Page Range | 11590-11591 | |
| FR Document | 2016-04820 |
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)] [Notices] [Pages 11590-11591] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04820] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-987] Certain Hospital Beds, 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 February 1, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Stryker Corporation of Kalamazoo, Michigan. Supplements were filed on February 18, 2016 and February 22, 2016. The complaint as supplemented 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 hospital beds, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,082,630 (``the '630 patent''); U.S. Patent No. 7,690,059 (``the '059 patent''); U.S. Patent No. 7,784,125 (``the '125 patent''); and U.S. Patent No. 8,701,229 (``the '229 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. 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 (2015). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 29, 2016, ordered that-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain hospital beds, and components thereof by reason of infringement of one or more of claims 15-18 and 20 of the '630 patent; claims 1-2, 5-7, 12 and 15- 16 of the '059 patent; claims 10 and 19 of the '125 patent; and claims 1-4, 12, 14, and 19 of the '229 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Stryker Corporation, 2825 Airview Boulevard, Kalamazoo, MI 49002. (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: Umano M[eacute]dical Inc., 230, boulevard Nilus-Leclerc, L'Islet, Qu[eacute]bec G0R 2C0, Canada. Umano M[eacute]dical World Inc., 230, boulevard Nilus-Leclerc, L'Islet, Qu[eacute]bec G0R 2C0. Canada. (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. [[Page 11591]] Issued: March 1, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-04820 Filed 3-3-16; 8:45 am] BILLING CODE 7020-02-P
![11590 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
Interested parties may also submit thereof by reason of infringement of of the ’229 patent, and whether an
written comments regarding the specific certain claims of U.S. Patent No. industry in the United States exists as
use proposed in the application and 7,082,630 (‘‘the ’630 patent’’); U.S. required by subsection (a)(2) of section
plan of development, and whether the Patent No. 7,690,059 (‘‘the ’059 patent’’); 337;
BLM followed proper administrative U.S. Patent No. 7,784,125 (‘‘the ’125 (2) For the purpose of the
procedures in reaching the decision to patent’’); and U.S. Patent No. 8,701,229 investigation so instituted, the following
change the use from a park to a park, (‘‘the ’229 patent’’). The complaint
are hereby named as parties upon which
unemployment resource center, and arts further alleges that an industry in the
this notice of investigation shall be
enrichment center with appurtenances United States exists as required by
served:
for children and adults with intellectual subsection (a)(2) of section 337.
disabilities under the R&PP Act, or any The complainant requests that the (a) The complainant is: Stryker
other factor not directly related to the Commission institute an investigation Corporation, 2825 Airview Boulevard,
suitability of the land for R&PP use. and, after the investigation, issue a Kalamazoo, MI 49002.
Before including your address, phone limited exclusion order and cease and (b) The respondents are the following
number, email address, or other desist orders. entities alleged to be in violation of
personal identifying information in your ADDRESSES: The complaint, except for section 337, and are the parties upon
comment, you should be aware that any confidential information contained which the complaint is to be served:
your entire comment—including your therein, is available for inspection
personal identifying information—may during official business hours (8:45 a.m. Umano Médical Inc., 230, boulevard
be made publicly available at any time. to 5:15 p.m.) in the Office of the Nilus-Leclerc, L’Islet, Québec G0R 2C0,
While you can ask us in your comment Secretary, U.S. International Trade Canada.
to withhold your personal identifying Commission, 500 E Street SW., Room Umano Médical World Inc., 230,
information from public review, we 112, Washington, DC 20436, telephone boulevard Nilus-Leclerc, L’Islet, Québec
cannot guarantee that we will be able to (202) 205–2000. Hearing impaired G0R 2C0. Canada.
do so. individuals are advised that information (3) For the investigation so instituted,
Any adverse comments will be on this matter can be obtained by the Chief Administrative Law Judge,
reviewed by the BLM Nevada State contacting the Commission’s TDD
Director or other authorized official of U.S. International Trade Commission,
terminal on (202) 205–1810. Persons
the Department of the Interior, who may shall designate the presiding
with mobility impairments who will
sustain, vacate, or modify this realty Administrative Law Judge.
need special assistance in gaining access
action. In the absence of any adverse to the Commission should contact the The Office of Unfair Import
comments, the decision will become Office of the Secretary at (202) 205– Investigations will not participate as a
effective on May 3, 2016. 2000. General information concerning party in this investigation.
Authority: 43 CFR 2741.5(h). the Commission may also be obtained Responses to the complaint and the
by accessing its internet server at http:// notice of investigation must be
Vanessa L. Hice, www.usitc.gov. The public record for submitted by the named respondents in
Assistant Field Manager, Las Vegas Field this investigation may be viewed on the
Office.
accordance with section 210.13 of the
Commission’s electronic docket (EDIS) Commission’s Rules of Practice and
[FR Doc. 2016–04807 Filed 3–3–16; 8:45 am] at http://edis.usitc.gov. Procedure, 19 CFR 210.13. Pursuant to
BILLING CODE 4310–HC–P FOR FURTHER INFORMATION CONTACT: The 19 CFR 201.16(e) and 210.13(a), such
Office of Unfair Import Investigations, responses will be considered by the
U.S. International Trade Commission, Commission if received not later than 20
INTERNATIONAL TRADE telephone (202) 205–2560. days after the date of service by the
COMMISSION
Authority: The authority for institution of Commission of the complaint and the
[Investigation No. 337–TA–987] this investigation is contained in section 337 notice of investigation. Extensions of
of the Tariff Act of 1930, as amended, and time for submitting responses to the
Certain Hospital Beds, and in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
complaint and the notice of
Components Thereof Institution of investigation will not be granted unless
Investigation (2015).
good cause therefor is shown.
AGENCY: U.S. International Trade Scope of Investigation: Having Failure of a respondent to file a timely
Commission. considered the complaint, the U.S. response to each allegation in the
ACTION: Notice. International Trade Commission, on complaint and in this notice may be
February 29, 2016, ordered that— deemed to constitute a waiver of the
SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of
right to appear and contest the
complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as
allegations of the complaint and this
International Trade Commission on amended, an investigation be instituted
notice, and to authorize the
February 1, 2016, under section 337 of to determine whether there is a
administrative law judge and the
the Tariff Act of 1930, as amended, 19 violation of subsection (a)(1)(B) of
Commission, without further notice to
U.S.C. 1337, on behalf of Stryker section 337 in the importation into the
the respondent, to find the facts to be as
Corporation of Kalamazoo, Michigan. United States, the sale for importation,
alleged in the complaint and this notice
Supplements were filed on February 18, or the sale within the United States after
jstallworth on DSK7TPTVN1PROD with NOTICES
2016 and February 22, 2016. The importation of certain hospital beds, and to enter an initial determination
complaint as supplemented alleges and components thereof by reason of and a final determination containing
violations of section 337 based upon the infringement of one or more of claims such findings, and may result in the
importation into the United States, the 15–18 and 20 of the ’630 patent; claims issuance of an exclusion order or a cease
sale for importation, and the sale within 1–2, 5–7, 12 and 15–16 of the ’059 and desist order or both directed against
the United States after importation of patent; claims 10 and 19 of the ’125 the respondent.
certain hospital beds, and components patent; and claims 1–4, 12, 14, and 19 By order of the Commission.
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![Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 11591
Issued: March 1, 2016. list containing the names and addresses Quality Management District v. Blue
Lisa R. Barton, of all persons, or their representatives, Lake Power, LLC, Civil Action No. 3:16–
Secretary to the Commission. who are parties to the investigations. cv–00961.
[FR Doc. 2016–04820 Filed 3–3–16; 8:45 am] The United States and the North Coast
Background Unified Air Quality Management
BILLING CODE 7020–02–P
On January 13, 2016, Tensar District (‘‘District’’) filed this lawsuit
Corporation, Morrow, Georgia filed a under the Clean Air Act. The complaint
INTERNATIONAL TRADE petition with the Commission and seeks injunctive relief and civil
COMMISSION Commerce, alleging that an industry in penalties for violations of the Clean Air
the United States is materially injured Act’s Prevention of Significant
[Investigation Nos. 701–TA–554 and 731– or threatened with material injury by Deterioration provisions, 42 U.S.C.
TA–1309 (Preliminary)] reason of LTFV and subsidized imports 7470–92, and the North Coast Unified
Certain Biaxial Integral Geogrid of certain biaxial integral geogrid Air Quality Management District Rules
Products From China products from China. Accordingly, at Defendant Blue Lake Power, LLC’s
effective January 13, 2016, the biomass-fired electric generating plant
Determinations Commission, pursuant to sections 703(a) in Blue Lake, California. Specifically,
On the basis of the record 1 developed and 733(a) of the Tariff Act of 1930 (19 the complaint alleges that, when
in the subject investigations, the United U.S.C. 1671b(a) and 1673b(a)), instituted defendant restarted the plant in 2010, it
States International Trade Commission countervailing duty investigation No. failed to obtain appropriate permits and
(‘‘Commission’’) determines, pursuant 701–TA–554 and antidumping duty failed to install and operate required
to the Tariff Act of 1930 (‘‘the Act’’), investigation No. 731–TA–1309 pollution control devices to reduce
that there is a reasonable indication that (Preliminary). emissions of carbon monoxide (CO),
an industry in the United States is Notice of the institution of the oxides of nitrogen (NOX), and/or
materially injured by reason of imports Commission’s investigations and of a particulate matter with a diameter of 10
of certain biaxial integral geogrid public conference to be held in microns (PM10) at its facility.
products from China, provided for in connection therewith was given by The proposed consent decree requires
subheading 3926.90.99 of the posting copies of the notice in the Office the defendant to perform injunctive
Harmonized Tariff Schedule of the of the Secretary, U.S. International relief and pay a $5,000 civil penalty to
United States, that are alleged to be sold Trade Commission, Washington, DC, be shared between the United States and
in the United States at less than fair and by publishing the notice in the the District. The defendant is required
value (‘‘LTFV’’) and that are allegedly Federal Register of January 20, 2016 (81 to install and operate pollution control
subsidized by the government of China. FR 3157). The conference was held in equipment at its facility, meet emission
Washington, DC, on February 3, 2016, limitations for CO, NOX, and PM10, and
Commencement of Final Phase and all persons who requested the adopt operational procedures to reduce
Investigations opportunity were permitted to appear in additional emissions of particulate
Pursuant to section 207.18 of the person or by counsel. matter from the facility. In addition,
Commission’s rules, the Commission The Commission made these Blue Lake Power will contribute
also gives notice of the commencement determinations pursuant to sections $10,000 to the District’s wood stove
of the final phase of its investigations. 703(a) and 733(a) of the Tariff Act of replacement program in order to
The Commission will issue a final phase 1930 (19 U.S.C. 1671b(a) and 1673b(a)). mitigate the adverse effects of past
notice of scheduling, which will be It completed and filed its particulate matter emissions from the
published in the Federal Register as determinations in these investigations facility.
provided in section 207.21 of the on February 29, 2016. The views of the The publication of this notice opens
Commission’s rules, upon notice from Commission are contained in USITC a period for public comment on the
the Department of Commerce Publication 4596 (March 2016), entitled proposed consent decree. Comments
(‘‘Commerce’’) of affirmative Certain Biaxial Integral Geogrid should be addressed to the Assistant
preliminary determinations in the Products from China: Investigation Nos. Attorney General, Environment and
investigations under sections 703(b) or 701–TA–554 and 731–TA–1309 Natural Resources Division, and should
733(b) of the Act, or, if the preliminary (Preliminary). refer to United States and North Coast
determinations are negative, upon By order of the Commission. Unified Air Quality Management
notice of affirmative final Issued: February 29, 2016. District v. Blue Lake Power LLC, D.J. Ref.
determinations in those investigations Lisa R. Barton, No. 90–5–2–1–11038. All comments
under sections 705(a) or 735(a) of the Secretary to the Commission. must be submitted no later than thirty
Act. Parties that filed entries of [FR Doc. 2016–04701 Filed 3–3–16; 8:45 am]
(30) days after the publication date of
appearance in the preliminary phase of this notice. Comments may be
BILLING CODE 7020–02–P
the investigations need not enter a submitted either by email or by mail:
separate appearance for the final phase
To submit
of the investigations. Industrial users, DEPARTMENT OF JUSTICE comments: Send them to:
and, if the merchandise under
investigation is sold at the retail level, Notice of Lodging of Proposed By e-mail .. pubcomment-ees.enrd@
representative consumer organizations Consent Decree Under the Clean Air usdoj.gov.
jstallworth on DSK7TPTVN1PROD with NOTICES
have the right to appear as parties in Act By mail ..... Assistant Attorney General, U.S.
Commission antidumping and DOJ—ENRD, P.O. Box 7611,
countervailing duty investigations. The On February 26, 2016, the Department Washington, DC 20044–7611.
Secretary will prepare a public service of Justice lodged a proposed consent
decree with the United States District During the public comment period,
1 Therecord is defined in sec. 207.2(f) of the
Court for the Northern District of the consent decree may be examined
Commission’s Rules of Practice and Procedure (19 California in the lawsuit entitled United and downloaded at this Justice
CFR § 207.2(f)). States and North Coast Unified Air Department Web site: http://
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Document Created: 2018-02-02 15:05:20
Document Modified: 2018-02-02 15:05:20
| 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 | 81 FR 11590 |
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