81 FR 28103 - Certain Overflow and Drain Assemblies for Bathtubs and Components Thereof: Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 89 (May 9, 2016)
Federal Register Volume 81, Issue 89 (May 9, 2016)
| Page Range | 28103-28104 | |
| FR Document | 2016-10764 |
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)] [Notices] [Pages 28103-28104] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10764] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-993] Certain Overflow and Drain Assemblies for Bathtubs 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 April 4, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of WCM Industries, Inc. of Colorado Springs, Colorado. Supplements were filed on April 13, 2016; April 19, 2016; and April 20, 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 overflow and drain assemblies for bathtubs and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,302,220 (``the '220 patent''); U.S. Patent No. 8,321,970 (``the '970 patent''); U.S. Patent No. 8,584,272 (``the '272 patent''); and U.S. Patent No. 9,200,436 (``the '436 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 [[Page 28104]] 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. SUPPLEMENTARY INFORMATION: 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 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 2, 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 overflow and drain assemblies for bathtubs and components thereof by reason of infringement of one or more of claims 12 and 13 of the '220 patent; claim 1 of the '970 patent; claims 11 and 12 of the '272 patent; and claims 1-16 of the '436 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: WCM Industries, Inc., 2121 Waynoka Road, Colorado Springs, CO 80915. (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: Bridging Partners Corporation, 4F-1, No. 26, Sec. 3, Ren Ai Road, Taipei 106, Taiwan. Better Enterprise Co. Ltd., 7F., No. 77, Sec. 4, Nanjing East Road, Taipei 105, Taiwan. Everflow Industrial Supply Corporation, 16F-1, No. 401, Sec. 1, Chung Shan Road, Changhua, Taiwan. (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. Issued: May 3, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-10764 Filed 5-6-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28103
Information System (EDIS) at EDIS.3 United States, or United States treated accordingly. All nonconfidential
Hearing-impaired persons are advised consumers. written submissions will be available for
that information on this matter can be In particular, the Commission is public inspection at the Office of the
obtained by contacting the interested in comments that: Secretary and on EDIS.5
Commission’s TDD terminal on (202) (i) Explain how the articles This action is taken under the
205–1810. potentially subject to the requested authority of section 337 of the Tariff Act
SUPPLEMENTARY INFORMATION: The remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337),
Commission has received a first States; and of sections 201.10 and 210.8(c) of
amended complaint and a submission (ii) identify any public health, safety, the Commission’s Rules of Practice and
pursuant to section 210.8(b) of the or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)).
Commission’s Rules of Practice and relating to the requested remedial Issued: May 4, 2016.
Procedure filed on behalf of Rovi orders;
By order of the Commission.
Corporation and Rovi Guides, Inc. on (iii) identify like or directly
competitive articles that complainant, Lisa R. Barton,
April 25, 2016. The first amended Secretary to the Commission.
complaint alleges violations of section its licensees, or third parties make in the
United States which could replace the [FR Doc. 2016–10835 Filed 5–6–16; 8:45 am]
337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United subject articles if they were to be BILLING CODE 7020–02–P
States, the sale for importation, and the excluded;
(iv) indicate whether complainant,
sale within the United States after INTERNATIONAL TRADE
complainant’s licensees, and/or third
importation of certain digital video COMMISSION
party suppliers have the capacity to
receivers and hardware and software
replace the volume of articles [Investigation No. 337–TA–993]
components thereof. The first amended
potentially subject to the requested
complaint names as respondents:
exclusion order and/or a cease and Certain Overflow and Drain
Comcast Corporation, Philadelphia, PA;
desist order within a commercially Assemblies for Bathtubs and
Comcast Cable Communications, LLC,
reasonable time; and Components Thereof: Institution of
Philadelphia, PA; Comcast Cable
(v) explain how the requested Investigation
Communications Management, LLC,
remedial orders would impact United
Philadelphia, PA; Comcast Business AGENCY: U.S. International Trade
States consumers.
Communications, LLC, Philadelphia, Commission.
Written submissions must be filed no
PA; Comcast Holdings Corporation, ACTION: Notice.
later than by close of business, eight
Philadelphia, PA; Comcast Shared
calendar days after the date of
Services, LLC, Chicago, IL; Technicolor SUMMARY: Notice is hereby given that a
publication of this notice in the Federal
SA, France; Technicolor USA, Inc., complaint was filed with the U.S.
Register. There will be further
Indianapolis, IN; Technicolor International Trade Commission on
opportunities for comment on the
Connected Home USA LLC, April 4, 2016, under section 337 of the
public interest after the issuance of any
Indianapolis, IN; Pace Ltd., England; Tariff Act of 1930, as amended, 19
final initial determination in this
Pace Americas, LLC, Boca Raton, FL; U.S.C. 1337, on behalf of WCM
investigation.
Arris International plc, Suwanee, GA; Persons filing written submissions Industries, Inc. of Colorado Springs,
Arris Group Inc., Suwanee, GA; Arris must file the original document Colorado. Supplements were filed on
Technology, Inc., Horsham, PA; Arris electronically on or before the deadlines April 13, 2016; April 19, 2016; and
Enterprises Inc., Suwanee, GA; and stated above and submit 8 true paper April 20, 2016. The complaint as
Arris Solutions, Inc., Suwanee, GA. The copies to the Office of the Secretary by supplemented alleges violations of
complainant requests that the noon the next day pursuant to section section 337 based upon the importation
Commission issue a limited exclusion 210.4(f) of the Commission’s Rules of into the United States, the sale for
order, cease and desist orders, and Practice and Procedure (19 CFR importation, and the sale within the
impose a bond upon respondents’ 210.4(f)). Submissions should refer to United States after importation of
alleged infringing articles during the 60- the docket number (‘‘Docket No. 3135’’) certain overflow and drain assemblies
day Presidential review period pursuant in a prominent place on the cover page for bathtubs and components thereof by
to 19 U.S.C. 1337(j). and/or the first page. (See Handbook for reason of infringement of certain claims
Proposed respondents, other Electronic Filing Procedures, Electronic of U.S. Patent No. 8,302,220 (‘‘the ’220
interested parties, and members of the Filing Procedures 4). Persons with patent’’); U.S. Patent No. 8,321,970 (‘‘the
public are invited to file comments, not questions regarding filing should ’970 patent’’); U.S. Patent No. 8,584,272
to exceed five (5) pages in length, contact the Secretary (202–205–2000). (‘‘the ’272 patent’’); and U.S. Patent No.
inclusive of attachments, on any public Any person desiring to submit a 9,200,436 (‘‘the ’436 patent’’). The
interest issues raised by the first document to the Commission in complaint further alleges that an
amended complaint or section 210.8(b) confidence must request confidential industry in the United States exists as
filing. Comments should address treatment. All such requests should be required by subsection (a)(2) of section
whether issuance of the relief directed to the Secretary to the 337.
specifically requested by the Commission and must include a full The complainant requests that the
complainant in this investigation would statement of the reasons why the Commission institute an investigation
and, after the investigation, issue a
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affect the public health and welfare in Commission should grant such
the United States, competitive treatment. See 19 CFR 201.6. Documents limited exclusion order and cease and
conditions in the United States for which confidential treatment by the desist orders.
economy, the production of like or Commission is properly sought will be ADDRESSES: The complaint, except for
directly competitive articles in the any confidential information contained
4 Handbook for Electronic Filing Procedures:
3 Electronic Document Information System http://www.usitc.gov/secretary/fed_reg_notices/ 5 Electronic Document Information System
(EDIS): http://edis.usitc.gov. rules/handbook_on_electronic_filing.pdf. (EDIS): http://edis.usitc.gov.
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![28104 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
therein, is available for inspection Bridging Partners Corporation, 4F–1, INTERNATIONAL TRADE
during official business hours (8:45 a.m. No. 26, Sec. 3, Ren Ai Road, Taipei 106, COMMISSION
to 5:15 p.m.) in the Office of the Taiwan.
Secretary, U.S. International Trade Better Enterprise Co. Ltd., 7F., No. 77, [Investigation Nos. 701–TA–534–538 and
Commission, 500 E Street SW., Room Sec. 4, Nanjing East Road, Taipei 105, 731–TA–1274–1278 (Final)]
112, Washington, DC 20436, telephone
Taiwan.
(202) 205–2000. Hearing impaired Certain Corrosion-Resistant Steel
individuals are advised that information Everflow Industrial Supply Products From China, India, Italy,
on this matter can be obtained by Corporation, 16F–1, No. 401, Sec. 1, Korea, and Taiwan: Revised Hearing
contacting the Commission’s TDD Chung Shan Road, Changhua, Taiwan. Schedule
terminal on (202) 205–1810. Persons (3) For the investigation so instituted,
with mobility impairments who will the Chief Administrative Law Judge, AGENCY: United States International
need special assistance in gaining access U.S. International Trade Commission, Trade Commission.
to the Commission should contact the shall designate the presiding ACTION: Notice.
Office of the Secretary at (202) 205– Administrative Law Judge.
2000. General information concerning DATES: Effective April 28, 2016.
the Commission may also be obtained The office of Unfair Import
by accessing its internet server at http:// Investigations will not participate as a FOR FURTHER INFORMATION CONTACT:
www.usitc.gov. The public record for party in this investigation. Mary Messer (202–205–3193), Office of
this investigation may be viewed on the Responses to the complaint and the Investigations, U.S. International Trade
Commission’s electronic docket (EDIS) notice of investigation must be Commission, 500 E Street SW.,
at http://edis.usitc.gov. submitted by the named respondents in Washington, DC 20436. Hearing-
FOR FURTHER INFORMATION CONTACT: The accordance with section 210.13 of the impaired persons can obtain
Office of Unfair Import Investigations, Commission’s Rules of Practice and information on this matter by contacting
U.S. International Trade Commission, Procedure, 19 CFR 210.13. Pursuant to the Commission’s TDD terminal on 202–
telephone (202) 205–2560. 205–1810. Persons with mobility
19 CFR 201.16(e) and 210.13(a), such
impairments who will need special
SUPPLEMENTARY INFORMATION: responses will be considered by the
assistance in gaining access to the
Authority: The authority for Commission if received not later than 20
Commission should contact the Office
institution of this investigation is days after the date of service by the of the Secretary at 202–205–2000.
contained in section 337 of the Tariff Commission of the complaint and the General information concerning the
Act of 1930, as amended, and in section notice of investigation. Extensions of Commission may also be obtained by
210.10 of the Commission’s Rules of time for submitting responses to the accessing its Internet server (http://
Practice and Procedure, 19 CFR 210.10 complaint and the notice of www.usitc.gov). The public record for
(2016). investigation will not be granted unless
Scope of Investigation: Having these investigations may be viewed on
good cause therefor is shown. the Commission’s electronic docket
considered the complaint, the U.S.
International Trade Commission, on Failure of a respondent to file a timely (EDIS) at http://edis.usitc.gov.
May 2, 2016, ordered that— response to each allegation in the SUPPLEMENTARY INFORMATION: Effective
(1) Pursuant to subsection (b) of complaint and in this notice may be January 4, 2016, the Commission
section 337 of the Tariff Act of 1930, as deemed to constitute a waiver of the established a schedule for the conduct
amended, an investigation be instituted right to appear and contest the of the final phase of the subject
to determine whether there is a allegations of the complaint and this investigations (81 FR 7585, February 12,
violation of subsection (a)(1)(B) of notice, and to authorize the 2016). The Commission is revising its
section 337 in the importation into the administrative law judge and the schedule by changing the time of the
United States, the sale for importation, Commission, without further notice to hearing. The Commission’s hearing will
or the sale within the United States after the respondent, to find the facts to be as be held at the U.S. International Trade
importation of certain overflow and alleged in the complaint and this notice Commission Building at 10:00 a.m. on
drain assemblies for bathtubs and and to enter an initial determination May 26, 2016. All other aspects of the
components thereof by reason of and a final determination containing schedule are unchanged.
infringement of one or more of claims such findings, and may result in the For further information concerning
12 and 13 of the ’220 patent; claim 1 of issuance of an exclusion order or a cease these investigations see the
the ’970 patent; claims 11 and 12 of the and desist order or both directed against Commission’s notice cited above and
’272 patent; and claims 1–16 of the ’436 the respondent. the Commission’s Rules of Practice and
patent, and whether an industry in the Procedure, part 201, subparts A and B
United States exists as required by By order of the Commission.
(19 CFR part 201), and part 207,
subsection (a)(2) of section 337; Issued: May 3, 2016. subparts A and C (19 CFR part 207).
(2) For the purpose of the Lisa R. Barton,
Authority: These investigations are being
investigation so instituted, the following Secretary to the Commission. conducted under authority of title VII of the
are hereby named as parties upon which [FR Doc. 2016–10764 Filed 5–6–16; 8:45 am] Tariff Act of 1930; this notice is published
this notice of investigation shall be pursuant to section 207.21 of the
BILLING CODE 7020–02–P
served:
mstockstill on DSK3G9T082PROD with NOTICES
Commission’s rules.
(a) The complainant is: WCM
By order of the Commission.
Industries, Inc., 2121 Waynoka Road,
Dated: May 3, 2016.
Colorado Springs, CO 80915.
(b) The respondents are the following Lisa R. Barton,
entities alleged to be in violation of Secretary to the Commission.
section 337, and are the parties upon [FR Doc. 2016–10742 Filed 5–6–16; 8:45 am]
which the complaint is to be served: BILLING CODE 7020–02–P
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Document Created: 2018-02-07 14:49:59
Document Modified: 2018-02-07 14:49:59
| 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 28103 |
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