81 FR 31258 - Certain Document Cameras and Software for Use Therewith; Commission's Determination Not To Review an Initial Determination Terminating Recordex USA, Inc.; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 96 (May 18, 2016)

Page Range		31258-31259
FR Document		2016-11706

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 19) terminating Recordex USA, Inc. The Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding.

Federal Register, Volume 81 Issue 96 (Wednesday, May 18, 2016)

[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31258-31259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11706]



[[Page 31258]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-967]


Certain Document Cameras and Software for Use Therewith; 
Commission's Determination Not To Review an Initial Determination 
Terminating Recordex USA, Inc.; Request for Written Submissions on 
Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 19) 
terminating Recordex USA, Inc. The Commission requests written 
submissions, under the schedule set forth below, on remedy, public 
interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. Copies of 
non-confidential documents filed in connection with this investigation 
are or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. 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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 24, 2015, based on a complaint filed on behalf of Pathway 
Innovations & Technologies, Inc. of San Diego, California 
(``Complainant''). 80 FR 57642 (September 24, 2015). The complaint 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the sale for importation, importation, or 
sale within the United States after importation of certain document 
cameras and software for use therewith by reason of infringement of 
certain claims of U.S. Design Patent No. D647,906; U.S. Design Patent 
No. D674,389; U.S. Design Patent No. D715,300; and U.S. Patent No. 
8,508,751. The Commission's notice of investigation named the following 
respondents: Recordex USA, Inc., of Long Island City, New York 
(``Recordex''); QOMO HiteVision, LLC, of Wixom, Michigan (``QOMO''); 
and Adesso, Inc. of Walnut, California (``Adesso''). The Office of 
Unfair Import Investigations was named as a party but has subsequently 
withdrawn from the investigation. Adesso was terminated based on a 
consent order stipulation and consent order. Order No. 5 (unreviewed) 
(Nov. 23, 2015). QOMO was found to be in default. Order No. 10 
(unreviewed) (Dec. 7, 2015). Recordex is the last remaining respondent 
in this investigation.
    On April 11, 2016, Complainant and Recordex filed a joint motion to 
terminate the investigation as to Recordex based on a settlement 
agreement. Complainant and Recordex stated that other than the 
settlement agreement, ``[t]here are no other agreements, written or 
oral, express or implied between the moving parties concerning the 
subject matter of the investigation.''
    On April 20, 2016, the ALJ granted the joint motion. The ID agreed 
with Complainant and Recordex that termination of the investigation as 
to Recordex will not negatively impact the public interest. ID at 2. 
The parties provided public and confidential versions of the settlement 
agreement.
    The Commission has determined not to review the subject ID.
    As noted above, QOMO was previously found to be in default. Section 
337(g)(1) and Commission Rule 210.16(c) authorize the Commission to 
order relief against a respondent found in default, unless, after 
considering the public interest, it finds that such relief should not 
issue. Complainant seeks a limited exclusion order and a cease and 
desist order.
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondent; and/
or (2) issue a cease and desist order that could result in the 
defaulting respondent being required to cease and desist from engaging 
in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 
2843, Comm'n Op. at 7-10 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant is also requested to state the date that the 
asserted patents expire and the HTSUS numbers under which the accused 
products are imported. Complainant is further requested to supply the 
names of known importers of the products at issue in this 
investigation.
    The written submissions and proposed remedial orders must be filed 
no later than close of business on May 23, 2016. Reply submissions must 
be filed no later than the close of business on May 31, 2016. No 
further submissions on these issues will be permitted unless otherwise 
ordered by the Commission.

[[Page 31259]]

    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-967'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf ). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: May 13, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11706 Filed 5-17-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices 31259

Persons filing written submissions notifications simultaneously with the Accreditation), Portland, OR. The nature
must file the original document Attorney General and the Federal Trade and scope of YBA’s standards and
electronically on or before the deadlines Commission disclosing changes in its development activities are: To set
stated above and submit 8 true paper membership. The notifications were industry standards for a diverse research
copies to the Office of the Secretary by filed for the purpose of extending the based yoga training & education. YBA
noon the next day pursuant to section Act’s provisions limiting the recovery of works on two fronts: To certify
210.4(f) of the Commission’s Rules of antitrust plaintiffs to actual damages individuals interested in yoga according
Practice and Procedure (19 CFR under specified circumstances. to our Standards, and, to offer certified
210.4(f)). Submissions should refer to Specifically, Mälardalen högskola, continuing education classes for
the investigation number (‘‘Inv. No. Västerås, SWEDEN, has been added as professionals in non-yoga related fields
337–TA–967’’) in a prominent place on a party to this venture. to incorporate YBA teachings into their
the cover page and/or the first page. (See No other changes have been made in existing professions.
Handbook for Electronic Filing either the membership or planned
Patricia A. Brink,
Procedures, http://www.usitc.gov/ activity of the group research project.
Director of Civil Enforcement, Antitrust
secretary/fed_reg_notices/rules/ Membership in this group research Division.
handbook_on_electronic_filing.pdf ). project remains open, and HSA
[FR Doc. 2016–11740 Filed 5–17–16; 8:45 am]
Persons with questions regarding filing Foundation intends to file additional
BILLING CODE P
should contact the Secretary (202–205– written notifications disclosing all
2000). changes in membership.
Any person desiring to submit a On August 31, 2012, HSA Foundation
DEPARTMENT OF JUSTICE
document to the Commission in filed its original notification pursuant to
confidence must request confidential Section 6(a) of the Act. The Department Antitrust Division
treatment. All such requests should be of Justice published a notice in the
directed to the Secretary to the Federal Register pursuant to Section Notice Pursuant to the National
Commission and must include a full 6(b) of the Act on October 11, 2012 (77 Cooperative Research and Production
statement of the reasons why the FR 61786). Act of 1993—Members of SGIP 2.0, Inc.
Commission should grant such The last notification was filed with
the Department on January 20, 2016. A Notice is hereby given that, on April
treatment. See 19 CFR 201.6. Documents 12, 2016, pursuant to Section 6(a) of the
for which confidential treatment by the notice was published in the Federal
Register pursuant to Section 6(b) of the National Cooperative Research and
Commission is properly sought will be Production Act of 1993, 15 U.S.C. 4301
treated accordingly. A redacted non- Act on February 26, 2016 (81 FR 9884).
et seq. (‘‘the Act’’), Members of SGIP
confidential version of the document Patricia A. Brink, 2.0, Inc. (‘‘MSGIP 2.0’’) have filed
must also be filed simultaneously with Director of Civil Enforcement, Antitrust written notifications simultaneously
the any confidential filing. All non- Division. with the Attorney General and the
confidential written submissions will be [FR Doc. 2016–11738 Filed 5–17–16; 8:45 am] Federal Trade Commission disclosing
available for public inspection at the BILLING CODE P changes in its membership. The
Office of the Secretary and on EDIS. notifications were filed for the purpose
The authority for the Commission’s of extending the Act’s provisions
determination is contained in section DEPARTMENT OF JUSTICE limiting the recovery of antitrust
337 of the Tariff Act of 1930, as plaintiffs to actual damages under
amended (19 U.S.C. 1337), and in part Antitrust Division specified circumstances. Specifically,
210 of the Commission’s Rules of Machfu, Germantown, MD; OPC
Practice and Procedure (19 CFR part Notice Pursuant to the National
Cooperative Research and Production Foundation, Mantua, OH; Smarter Grid
210). Solutions, Brooklyn, NY; Korea
Act of 1993—Yoga Bridge
By order of the Commission.
Accreditation Electrotechnology Research Institute,
Issued: May 13, 2016. Gyeongsangnam-do, REPUBLIC OF
Lisa R. Barton, Notice is hereby given that, on March KOREA; Hitachi Consulting, Dallas, TX;
Secretary to the Commission. 24, 2016, pursuant to Section 6(a) of the and National Grid USA, Waltham, MA,
[FR Doc. 2016–11706 Filed 5–17–16; 8:45 am]
National Cooperative Research and have been added as parties to this
Production Act of 1993, 15 U.S.C. 4301 venture.
BILLING CODE 7020–02–P
et seq. (‘‘the Act’’), Yoga Bridge Also, Hydro-Quebec, Montreal,
Accreditation (‘‘YBA’’) has filed written CANADA; Valley View Corporation,
notifications simultaneously with the Rockville, MD; Michigan Public Service
DEPARTMENT OF JUSTICE Attorney General and the Federal Trade Commission, Lansing, MI; WiMAX
Commission disclosing (1) the name and Forum, Portland, OR; Lakeview
Antitrust Division
principal place of business of the Consulting Group, Morgan Hill, CA;
Notice Pursuant to the National standards development organization Buford Goff & Associates, Inc.,
Cooperative Research and Production and (2) the nature and scope of its Columbia, SC; Qualcomm Technologies,
Act of 1993—Heterogeneous System standards development activities. The Inc., San Diego, CA; Z-Wave Alliance,
Architecture Foundation notifications were filed for the purpose Milpitas, CA; Wells Fargo, San
of extending the Act’s provisions Francisco, CA; Cetecom, Milpitas, CA;
sradovich on DSK3TPTVN1PROD with NOTICES

Notice is hereby given that, on April limiting the recovery of antitrust JKN Consulting, Scotts Valley, CA;
12, 2016, pursuant to Section 6(a) of the plaintiffs to actual damages under Energy Central, Aurora, CO; and Jamaica
National Cooperative Research and specified circumstances. Public Service Company Ltd., Kingston
Production Act of 1993, 15 U.S.C. 4301 Pursuant to Section 6(b) of the Act, 5, JAMAICA, have withdrawn as parties
et seq. (‘‘the Act’’), Heterogeneous the name and principal place of to this venture.
System Architecture Foundation (‘‘HSA business of the standards development No other changes have been made in
Foundation’’) has filed written organization is: YBA (Yoga Bridge either the membership or planned

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Document Created: 2016-05-18 00:05:57
Document Modified: 2016-05-18 00:05:57

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		Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. 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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation		81 FR 31258