81_FR_1974 81 FR 1965 - Certain Electronic Devices Containing Strengthened Glass and Packaging Thereof; Institution of Investigation

81 FR 1965 - Certain Electronic Devices Containing Strengthened Glass and Packaging Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 9 (January 14, 2016)

Page Range1965-1966
FR Document2016-00577

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 10, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Saxon Glass Technologies, Inc. of Alfred, New York. An amended complaint was filed on December 24, 2015. The amended complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electronic devices containing strengthened glass and packaging thereof, by reason of common law trademark infringement and dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States. The amended complaint further 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 electronic devices containing strengthened glass and packaging thereof by reason of infringement of U.S. Trademark Registration No. 2,639,419 (``the '419 Mark''). The amended 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 a cease and desist order.

Federal Register, Volume 81 Issue 9 (Thursday, January 14, 2016)
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1965-1966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00577]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-981]


Certain Electronic Devices Containing Strengthened Glass and 
Packaging 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 November 10, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Saxon Glass Technologies, Inc. of Alfred, New York. An amended 
complaint was filed on December 24, 2015. The amended complaint alleges 
violations of section 337 based upon the importation into the United 
States, or in the sale of certain electronic devices containing 
strengthened glass and packaging thereof, by reason of common law 
trademark infringement and dilution, the threat or effect of which is 
to destroy or substantially injure an industry in the United States. 
The amended complaint further 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 
electronic devices containing strengthened glass and packaging thereof 
by reason of infringement of U.S. Trademark Registration No. 2,639,419 
(``the '419 Mark''). The amended 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 a cease and desist order.

ADDRESSES: The amended 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 amended complaint, 
the U.S. International Trade Commission, on January 7, 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:
    (a) Whether there is a violation of subsection (a)(1)(A) of section 
337 based upon the importation into the United States, or in the sale 
of certain electronic devices containing strengthened glass and 
packaging thereof, by reason of common law trademark infringement or 
dilution, the threat or effect of which is to destroy or substantially 
injure an industry in the United States; and
    (b) whether there is a violation of subsection (a)(1)(C) of section 
337 based upon the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain electronic devices containing strengthened glass and packaging 
thereof by reason of infringement of the '419 Mark, 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: Saxon Glass Technologies, Inc., 200 N. Main 
Street, Alfred, NY 14802.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the amended 
complaint is to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 
95014.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade 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 amended complaint and the notice of investigation 
must be submitted by the named respondent 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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 1966]]


    Issued: January 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-00577 Filed 1-13-16; 8:45 am]
BILLING CODE 7020-02-P



                                                                                Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices                                             1965

                                                  treatment. All such requests should be                  Registration No. 2,639,419 (‘‘the ’419                 importation of certain electronic devices
                                                  directed to the Secretary to the                        Mark’’). The amended complaint further                 containing strengthened glass and
                                                  Commission and must include a full                      alleges that an industry in the United                 packaging thereof by reason of
                                                  statement of the reasons why the                        States exists as required by subsection                infringement of the ’419 Mark, and
                                                  Commission should grant such                            (a)(2) of section 337.                                 whether an industry in the United
                                                  treatment. See 19 CFR 201.6. Documents                     The complainant requests that the                   States exists as required by subsection
                                                  for which confidential treatment by the                 Commission institute an investigation                  (a)(2) of section 337.
                                                  Commission is properly sought will be                   and, after the investigation, issue a
                                                                                                                                                                    (2) For the purpose of the
                                                  treated accordingly. All nonconfidential                limited exclusion order and a cease and
                                                                                                          desist order.                                          investigation so instituted, the following
                                                  written submissions will be available for                                                                      are hereby named as parties upon which
                                                  public inspection at the Office of the                  ADDRESSES: The amended complaint,
                                                                                                                                                                 this notice of investigation shall be
                                                  Secretary and on EDIS.5                                 except for any confidential information
                                                                                                                                                                 served:
                                                     This action is taken under the                       contained therein, is available for
                                                  authority of section 337 of the Tariff Act              inspection during official business                       (a) The complainant is: Saxon Glass
                                                  of 1930, as amended (19 U.S.C. 1337),                   hours (8:45 a.m. to 5:15 p.m.) in the                  Technologies, Inc., 200 N. Main Street,
                                                  and of sections 201.10 and 210.8(c) of                  Office of the Secretary, U.S.                          Alfred, NY 14802.
                                                  the Commission’s Rules of Practice and                  International Trade Commission, 500 E                     (b) The respondent is the following
                                                  Procedure (19 CFR 201.10, 210.8(c)).                    Street SW., Room 112, Washington, DC                   entity alleged to be in violation of
                                                    By order of the Commission.                           20436, telephone (202) 205–2000.                       section 337, and is the party upon
                                                                                                          Hearing impaired individuals are                       which the amended complaint is to be
                                                    Issued: January 8, 2016.
                                                                                                          advised that information on this matter                served: Apple Inc., 1 Infinite Loop,
                                                  Lisa R. Barton,
                                                                                                          can be obtained by contacting the                      Cupertino, CA 95014.
                                                  Secretary to the Commission.                            Commission’s TDD terminal on (202)
                                                  [FR Doc. 2016–00582 Filed 1–13–16; 8:45 am]                                                                       (c) The Office of Unfair Import
                                                                                                          205–1810. Persons with mobility
                                                  BILLING CODE 7020–02–P                                  impairments who will need special                      Investigations, U.S. International Trade
                                                                                                          assistance in gaining access to the                    Commission, 500 E Street SW., Suite
                                                                                                          Commission should contact the Office                   401, Washington, DC 20436; and
                                                  INTERNATIONAL TRADE                                     of the Secretary at (202) 205–2000.                       (3) For the investigation so instituted,
                                                  COMMISSION                                              General information concerning the                     the Chief Administrative Law Judge,
                                                  [Investigation No. 337–TA–981]                          Commission may also be obtained by                     U.S. International Trade Commission,
                                                                                                          accessing its internet server at http://               shall designate the presiding
                                                  Certain Electronic Devices Containing                   www.usitc.gov. The public record for                   Administrative Law Judge.
                                                  Strengthened Glass and Packaging                        this investigation may be viewed on the                   Responses to the amended complaint
                                                  Thereof; Institution of Investigation                   Commission’s electronic docket (EDIS)                  and the notice of investigation must be
                                                                                                          at http://edis.usitc.gov.                              submitted by the named respondent in
                                                  AGENCY: U.S. International Trade
                                                                                                          FOR FURTHER INFORMATION CONTACT: The                   accordance with section 210.13 of the
                                                  Commission.
                                                                                                          Office of Unfair Import Investigations,                Commission’s Rules of Practice and
                                                  ACTION: Notice.                                         U.S. International Trade Commission,                   Procedure, 19 CFR 210.13. Pursuant to
                                                  SUMMARY:   Notice is hereby given that a                telephone (202) 205–2560.                              19 CFR. 201.16(e) and 210.13(a), such
                                                  complaint was filed with the U.S.                         Authority: The authority for institution of          responses will be considered by the
                                                  International Trade Commission on                       this investigation is contained in section 337         Commission if received not later than 20
                                                  November 10, 2015, under section 337                    of the Tariff Act of 1930, as amended, and             days after the date of service by the
                                                                                                          in section 210.10 of the Commission’s Rules            Commission of the amended complaint
                                                  of the Tariff Act of 1930, as amended,                  of Practice and Procedure, 19 CFR 210.10
                                                  19 U.S.C. 1337, on behalf of Saxon Glass                (2015).
                                                                                                                                                                 and the notice of investigation.
                                                  Technologies, Inc. of Alfred, New York.                                                                        Extensions of time for submitting
                                                  An amended complaint was filed on                         Scope of Investigation: Having                       responses to the amended complaint
                                                  December 24, 2015. The amended                          considered the amended complaint, the                  and the notice of investigation will not
                                                  complaint alleges violations of section                 U.S. International Trade Commission,                   be granted unless good cause therefor is
                                                  337 based upon the importation into the                 on January 7, 2016, ordered that—                      shown.
                                                  United States, or in the sale of certain                  (1) Pursuant to subsection (b) of                       Failure of the respondent to file a
                                                  electronic devices containing                           section 337 of the Tariff Act of 1930, as              timely response to each allegation in the
                                                  strengthened glass and packaging                        amended, an investigation be instituted                amended complaint and in this notice
                                                  thereof, by reason of common law                        to determine:                                          may be deemed to constitute a waiver of
                                                  trademark infringement and dilution,                      (a) Whether there is a violation of                  the right to appear and contest the
                                                  the threat or effect of which is to destroy             subsection (a)(1)(A) of section 337 based              allegations of the amended complaint
                                                  or substantially injure an industry in the              upon the importation into the United                   and this notice, and to authorize the
                                                  United States. The amended complaint                    States, or in the sale of certain electronic           administrative law judge and the
                                                  further alleges violations of section 337               devices containing strengthened glass
                                                                                                                                                                 Commission, without further notice to
                                                  based upon the importation into the                     and packaging thereof, by reason of
                                                                                                                                                                 the respondent, to find the facts to be as
                                                  United States, the sale for importation,                common law trademark infringement or
                                                                                                                                                                 alleged in the amended complaint and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and the sale within the United States                   dilution, the threat or effect of which is
                                                                                                                                                                 this notice and to enter an initial
                                                  after importation of certain electronic                 to destroy or substantially injure an
                                                                                                                                                                 determination and a final determination
                                                  devices containing strengthened glass                   industry in the United States; and
                                                                                                            (b) whether there is a violation of                  containing such findings, and may
                                                  and packaging thereof by reason of                                                                             result in the issuance of an exclusion
                                                  infringement of U.S. Trademark                          subsection (a)(1)(C) of section 337 based
                                                                                                          upon the importation into the United                   order or a cease and desist order or both
                                                    5 Electronic Document Information System              States, the sale for importation, or the               directed against the respondent.
                                                  (EDIS): http://edis.usitc.gov.                          sale within the United States after                      By order of the Commission.



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                                                  1966                          Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices

                                                    Issued: January 8, 2016.                              determined that it should proceed to                   Trade Commission, 500 E Street SW.,
                                                  Lisa R. Barton,                                         full reviews in the subject five-year                  Washington, DC 20436. Hearing-
                                                  Secretary to the Commission.                            reviews pursuant to section 751(c) of the              impaired persons can obtain
                                                  [FR Doc. 2016–00577 Filed 1–13–16; 8:45 am]             Tariff Act of 1930 (19 U.S.C. 1675(c)).                information on this matter by contacting
                                                  BILLING CODE 7020–02–P                                  With respect to the orders on subject                  the Commission’s TDD terminal on 202–
                                                                                                          merchandise from Indonesia, the                        205–1810. Persons with mobility
                                                                                                          Commission found that both the                         impairments who will need special
                                                  INTERNATIONAL TRADE                                     domestic and respondent interested                     assistance in gaining access to the
                                                  COMMISSION                                              party group responses to its notice of                 Commission should contact the Office
                                                                                                          institution (80 FR 59189, October 1,                   of the Secretary at 202–205–2000.
                                                  [Investigation Nos. 701–TA–470–471 and
                                                  731–TA–1169–1170 (Review)]
                                                                                                          2015) were adequate and determined to                  General information concerning the
                                                                                                          proceed to full reviews of the orders.                 Commission may also be obtained by
                                                  Certain Coated Paper Suitable for                       With respect to the orders on subject                  accessing its internet server (http://
                                                  High-Quality Print Graphics Using                       merchandise from China, the                            www.usitc.gov). The public record for
                                                  Sheet-Fed Presses From China and                        Commission found that the domestic                     this review may be viewed on the
                                                  Indonesia; Notice of Commission                         group response was adequate and the                    Commission’s electronic docket (EDIS)
                                                  Determination To Conduct Full Five-                     respondent interested party group                      at http://edis.usitc.gov.
                                                  Year Reviews                                            response was inadequate, but that                      SUPPLEMENTARY INFORMATION:
                                                                                                          circumstances warranted conducting                        Background.—On January 4, 2016, the
                                                  AGENCY: United States International                     full reviews. A record of the                          Commission determined that the
                                                  Trade Commission.                                       Commissioners’ votes, the                              domestic interested party group
                                                  ACTION: Notice.                                         Commission’s statement on adequacy,                    response to its notice of institution (80
                                                                                                          and any individual Commissioner’s                      FR 59183, October 1, 2015) of the
                                                  SUMMARY:   The Commission hereby gives
                                                                                                          statements will be available from the                  subject five-year reviews was adequate
                                                  notice that it will proceed with full
                                                                                                          Office of the Secretary and at the                     and that the respondent interested party
                                                  reviews pursuant to the Tariff Act of
                                                                                                          Commission’s Web site.                                 group response was inadequate. The
                                                  1930 to determine whether revocation of
                                                  the antidumping and countervailing                        Authority: These reviews are being                   Commission did not find any other
                                                  duty orders on certain coated paper                     conducted under authority of title VII of the          circumstances that would warrant
                                                  suitable for high-quality print graphics
                                                                                                          Tariff Act of 1930; this notice is published           conducting full reviews.1 Accordingly,
                                                                                                          pursuant to section 207.62 of the                      the Commission determined that it
                                                  using sheet-fed presses from China and                  Commission’s rules.
                                                  Indonesia would be likely to lead to                                                                           would conduct expedited reviews
                                                  continuation or recurrence of material                    By order of the Commission.                          pursuant to section 751(c)(3) of the
                                                  injury within a reasonably foreseeable
                                                                                                            Issued: January 11, 2016.                            Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
                                                                                                          Lisa R. Barton,                                           For further information concerning
                                                  time. A schedule for the reviews will be
                                                                                                          Secretary to the Commission.                           the conduct of these reviews and rules
                                                  established and announced at a later
                                                                                                                                                                 of general application, consult the
                                                  date.                                                   [FR Doc. 2016–00594 Filed 1–13–16; 8:45 am]
                                                                                                                                                                 Commission’s Rules of Practice and
                                                  DATES: Effective Date: January 4, 2016.                 BILLING CODE 7020–02–P
                                                                                                                                                                 Procedure, part 201, subparts A and B
                                                  FOR FURTHER INFORMATION CONTACT:                                                                               (19 CFR part 201), and part 207,
                                                  Justin Enck (202–205–3363), Office of                                                                          subparts A, D, E, and F (19 CFR part
                                                  Investigations, U.S. International Trade                INTERNATIONAL TRADE
                                                                                                                                                                 207).
                                                  Commission, 500 E Street SW.,                           COMMISSION
                                                                                                                                                                    Staff report.—A staff report
                                                  Washington, DC 20436. Hearing-                          [Investigation Nos. 701–TA–469 and 731–                containing information concerning the
                                                  impaired persons can obtain                             TA–1168 (Review)]                                      subject matter of these reviews will be
                                                  information on this matter by contacting                                                                       placed in the nonpublic record on
                                                  the Commission’s TDD terminal on 202–                   Seamless Carbon and Alloy Steel                        January 29, 2016, and made available to
                                                  205–1810. Persons with mobility                         Standard, Line, and Pressure Pipe                      persons on the Administrative
                                                  impairments who will need special                       From China; Scheduling of an                           Protective Order service list for these
                                                  assistance in gaining access to the                     Expedited Five-Year Review                             reviews. A public version will be issued
                                                  Commission should contact the Office                    AGENCY: United States International                    thereafter, pursuant to section
                                                  of the Secretary at 202–205–2000.                       Trade Commission.                                      207.62(d)(4) of the Commission’s rules.
                                                  General information concerning the                      ACTION: Notice.                                           Written submissions.—As provided in
                                                  Commission may also be obtained by                                                                             section 207.62(d) of the Commission’s
                                                  accessing its internet server (http://                  SUMMARY:    The Commission hereby gives                rules, interested parties that are parties
                                                  www.usitc.gov). The public record for                   notice of the scheduling of expedited                  to the reviews and that have provided
                                                  this review may be viewed on the                        reviews pursuant to the Tariff Act of                  individually adequate responses to the
                                                  Commission’s electronic docket (EDIS)                   1930 (‘‘the Act’’) to determine whether                notice of institution,2 and any party
                                                  at http://edis.usitc.gov.                               revocation of the antidumping duty and                 other than an interested party to the
                                                     For further information concerning                   countervailing duty orders on seamless                 review may file written comments with
                                                  the conduct of these reviews and rules                  carbon and alloy steel standard, line,
                                                  of general application, consult the                     and pressure pipe from China would be                    1 A record of the Commissioners’ votes, the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Commission’s Rules of Practice and                      likely to lead to continuation or                      Commission’s statement on adequacy, and any
                                                                                                                                                                 individual Commissioner’s statements will be
                                                  Procedure, part 201, subparts A through                 recurrence of material injury within a                 available from the Office of the Secretary and at the
                                                  E (19 CFR part 201), and part 207,                      reasonably foreseeable time.                           Commission’s Web site.
                                                  subparts A, D, E, and F (19 CFR part                    DATE: Effective Date: January 4, 2016.                   2 The Commission has found the responses

                                                  207).                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 submitted by TMK IPSCO, United States Steel
                                                                                                                                                                 Corp., and Vallourec Star, L.P. to be individually
                                                  SUPPLEMENTARY INFORMATION: On                           Angela Newell (202) 708–5409), Office                  adequate. Comments from other interested parties
                                                  January 4, 2016, the Commission                         of Investigations, U.S. International                  will not be accepted (see 19 CFR 207.62(d)(2)).



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Document Created: 2016-01-14 02:50:58
Document Modified: 2016-01-14 02:50:58
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.
ContactThe Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation81 FR 1965 

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