81 FR 32344 - Certain Air Mattress Bed Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 99 (May 23, 2016)

Page Range		32344-32345
FR Document		2016-12074

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 20, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort SC Corporation of Greenville, South Carolina. The complaint alleges violations of section 337 based upon the importation into the United States and the sale within the United States after importation of certain air mattress bed systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,804,848 (``the '848 patent'') and U.S. Patent No. 7,389,554 (``the '554 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 81 Issue 99 (Monday, May 23, 2016)

[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32344-32345]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12074]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-999]


Certain Air Mattress Bed Systems and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 20, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort 
SC Corporation of Greenville, South Carolina. The complaint alleges 
violations of section 337 based upon the importation into the United 
States and the sale within the United States after importation of 
certain air mattress bed systems and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,804,848 (``the '848 
patent'') and U.S. Patent No. 7,389,554 (``the '554 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request 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

[[Page 32345]]

Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 May 17, 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 or the sale within the United States 
after importation of certain air mattress bed systems and components 
thereof by reason of infringement of one or more of claims 1, 5, 6, 16, 
19, 20, 22, 24, and 26 of the '554 patent and claims 1, 3-6, 10, 14, 
and 24 of the '848 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 complainants are:

Select Comfort Corporation, 9800 59th Avenue North, Minneapolis, MN 
55442
Select Comfort SC Corporation, 103 Shaw Street, Greenville, SC 29609

    (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:

American National Manufacturing Inc., 252 Mariah Circle, Corona, CA 
92879
Elements of Rest Inc., 1000 Marietta Street, Suite 106, Atlanta, GA 
30318
Responsive Surface Technology LLC, 1000 Marietta Street, Suite 106, 
Atlanta, GA 30318
Dires LLC d/b/a Personal Comfort Bed, 3411 Lake Breeze Drive, Building 
601, Suite E/F, Orlando, FL 32808

    (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 18, 2016.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12074 Filed 5-20-16; 8:45 am]
 BILLING CODE 7020-02-P

32344 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices

ADDRESSES: The amended complaint, Abell Foundation, Inc., 111 South Issued: May 18, 2016.
except for any confidential information Calvert Street, Suite 2300, Baltimore, Lisa R. Barton,
contained therein, is available for MD 21202 Secretary to the Commission.
inspection during official business [FR Doc. 2016–12073 Filed 5–20–16; 8:45 am]
(b) The respondents are the following
hours (8:45 a.m. to 5:15 p.m.) in the
entities alleged to be in violation of BILLING CODE 7020–02–P
Office of the Secretary, U.S.
section 337, and are the parties upon
International Trade Commission, 500 E
which the complaint is to be served:
Street SW., Room 112, Washington, DC INTERNATIONAL TRADE
20436, telephone (202) 205–2000. Volkswagen AG, Brieffach 1849, D– COMMISSION
Hearing impaired individuals are 38436 Wolfsburg, Germany
advised that information on this matter [Investigation No. 337–TA–999]
Volkswagen Group of America, Inc.,
can be obtained by contacting the 2200 Ferdinand Porsche Drive, Certain Air Mattress Bed Systems and
Commission’s TDD terminal on (202) Herndon, VA 20171 Components Thereof; Institution of
205–1810. Persons with mobility
Dr. Ing. H.C. F. Porsche AG, Investigation
impairments who will need special
assistance in gaining access to the Porscheplatz 1, D–70435, Germany
AGENCY: U.S. International Trade
Commission should contact the Office Porsche Cars North America, Inc., 980 Commission.
of the Secretary at (202) 205–2000. Hammond Drive, Suite 1000, Atlanta, ACTION: Notice.
General information concerning the GA 30328
Commission may also be obtained by Audi AG, Ettinger Stra+e, D–85045, SUMMARY: Notice is hereby given that a
accessing its Internet server at http:// Ingolstadt, Germany complaint was filed with the U.S.
www.usitc.gov. The public record for International Trade Commission on
Audi of America, LLC, 2200 Ferdinand
this investigation may be viewed on the April 20, 2016, under section 337 of the
Porsche Drive, Herndon, VA 20171
Commission’s electronic docket (EDIS) Tariff Act of 1930, as amended, 19
at http://edis.usitc.gov. (3) For the investigation so instituted, U.S.C. 1337, on behalf of Select Comfort
FOR FURTHER INFORMATION CONTACT: The the Chief Administrative Law Judge, Corporation of Minneapolis, Minnesota
Office of Unfair Import Investigations, U.S. International Trade Commission, and Select Comfort SC Corporation of
U.S. International Trade Commission, shall designate the presiding Greenville, South Carolina. The
telephone (202) 205–2560. Administrative Law Judge. complaint alleges violations of section
Authority: The authority for institution of The Office of Unfair Import 337 based upon the importation into the
this investigation is contained in section 337 Investigations will not participate as a United States and the sale within the
of the Tariff Act of 1930, as amended, and party in this investigation. United States after importation of
in section 210.10 of the Commission’s Rules certain air mattress bed systems and
of Practice and Procedure, 19 CFR 210.10
Responses to the amended complaint components thereof by reason of
(2015). and the notice of investigation must be infringement of certain claims of U.S.
submitted by the named respondents in Patent No. 6,804,848 (‘‘the ’848 patent’’)
Scope of Investigation: Having accordance with section 210.13 of the
considered the amended complaint, the and U.S. Patent No. 7,389,554 (‘‘the ’554
Commission’s Rules of Practice and patent’’). The complaint further alleges
U.S. International Trade Commission, Procedure, 19 CFR 210.13. Pursuant to
on May 17, 2016, ordered that— that an industry in the United States
19 CFR 201.16(e) and 210.13(a), such exists as required by subsection (a)(2) of
(1) Pursuant to subsection (b) of responses will be considered by the
section 337 of the Tariff Act of 1930, as section 337.
Commission if received not later than 20 The complainants request that the
amended, an investigation be instituted days after the date of service by the
to determine whether there is a Commission institute an investigation
Commission of the amended complaint and, after the investigation, issue a
violation of subsection (a)(1)(B) of and the notice of investigation.
section 337 in the importation into the limited exclusion order and cease and
Extensions of time for submitting desist orders.
United States, the sale for importation, responses to the amended complaint
or the sale within the United States after and the notice of investigation will not ADDRESSES: The complaint, except for
importation of certain hybrid electric be granted unless good cause therefor is any confidential information contained
vehicles and components thereof by shown. therein, is available for inspection
reason of infringement of one or more of during official business hours (8:45 a.m.
claims 24, 25, 27, 28, 30, 32, and 41 of Failure of a respondent to file a timely to 5:15 p.m.) in the Office of the
the ’347 patent; claims 33–44, 46, 50, response to each allegation in the Secretary, U.S. International Trade
52–55, 91, 92, 94, 95, 97, 110, 112, 226, amended complaint and in this notice Commission, 500 E Street SW., Room
227, 229–231, 239–241, 252, 253, 255– may be deemed to constitute a waiver of 112, Washington, DC 20436, telephone
259, 265–267, 278, 279, 281–283, 285, the right to appear and contest the (202) 205–2000. Hearing impaired
289–291 of the ’634 patent; and claims allegations of the amended complaint individuals are advised that information
21, 27, 30, 33, and 37 of the ’097 patent, and this notice, and to authorize the on this matter can be obtained by
and whether an industry in the United administrative law judge and the contacting the Commission’s TDD
States exists as required by subsection Commission, without further notice to terminal on (202) 205–1810. Persons
(a)(2) of section 337; the respondent, to find the facts to be as with mobility impairments who will
(2) For the purpose of the alleged in the amended complaint and need special assistance in gaining access
sradovich on DSK3TPTVN1PROD with NOTICES

investigation so instituted, the following this notice and to enter an initial to the Commission should contact the
are hereby named as parties upon which determination and a final determination Office of the Secretary at (202) 205–
this notice of investigation shall be containing such findings, and may 2000. General information concerning
served: result in the issuance of an exclusion the Commission may also be obtained
(a) The complainants are: order or a cease and desist order or both by accessing its Internet server at http://
Paice LLC, 111 South Calvert Street, directed against the respondent. www.usitc.gov. The public record for
Suite 2310, Baltimore, MD 21202 By order of the Commission. this investigation may be viewed on the

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Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices 32345

Commission’s electronic docket (EDIS) submitted by the named respondents in Washington, DC 20436. Hearing-
at http://edis.usitc.gov. accordance with section 210.13 of the impaired persons can obtain
FOR FURTHER INFORMATION CONTACT: The Commission’s Rules of Practice and information on this matter by contacting
Office of Docket Services, U.S. Procedure, 19 CFR 210.13. Pursuant to the Commission’s TDD terminal on 202–
International Trade Commission, 19 CFR 201.16(e) and 210.13(a), such 205–1810. Persons with mobility
telephone (202) 205–1802. responses will be considered by the impairments who will need special
Authority: The authority for institution of Commission if received not later than 20 assistance in gaining access to the
this investigation is contained in section 337 days after the date of service by the Commission should contact the Office
of the Tariff Act of 1930, as amended, and Commission of the complaint and the of the Secretary at 202–205–2000.
in section 210.10 of the Commission’s Rules notice of investigation. Extensions of General information concerning the
of Practice and Procedure, 19 CFR 210.10 time for submitting responses to the Commission may also be obtained by
(2015). complaint and the notice of accessing its Internet server (http://
investigation will not be granted unless www.usitc.gov). The public record for
Scope of Investigation: Having
good cause therefor is shown. this review may be viewed on the
considered the complaint, the U.S.
Failure of a respondent to file a timely Commission’s electronic docket (EDIS)
International Trade Commission, on
response to each allegation in the at http://edis.usitc.gov.
May 17, 2016, ordered that—
(1) Pursuant to subsection (b) of complaint and in this notice may be SUPPLEMENTARY INFORMATION:
section 337 of the Tariff Act of 1930, as deemed to constitute a waiver of the Background.—On May 6, 2016, the
amended, an investigation be instituted right to appear and contest the Commission determined that the
to determine whether there is a allegations of the complaint and this domestic interested party group
violation of subsection (a)(1)(B) of notice, and to authorize the response to its notice of institution (81
section 337 in the importation into the administrative law judge and the FR 5133, February 1, 2016) of the
United States or the sale within the Commission, without further notice to subject five-year review was adequate
United States after importation of the respondent, to find the facts to be as and that the respondent interested party
certain air mattress bed systems and alleged in the complaint and this notice group response was inadequate. The
components thereof by reason of and to enter an initial determination Commission did not find any other
infringement of one or more of claims 1, and a final determination containing circumstances that would warrant
5, 6, 16, 19, 20, 22, 24, and 26 of the such findings, and may result in the conducting a full review.1 Accordingly,
’554 patent and claims 1, 3–6, 10, 14, issuance of an exclusion order or a cease the Commission determined that it
and 24 of the ’848 patent, and whether and desist order or both directed against would conduct an expedited review
an industry in the United States exists the respondent. pursuant to section 751(c)(3) of the
as required by subsection (a)(2) of By order of the Commission. Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).
section 337; Issued: May 18, 2016. For further information concerning
(2) For the purpose of the the conduct of this review and rules of
Lisa R. Barton, general application, consult the
investigation so instituted, the following
are hereby named as parties upon which Secretary to the Commission. Commission’s Rules of Practice and
this notice of investigation shall be [FR Doc. 2016–12074 Filed 5–20–16; 8:45 am] Procedure, part 201, subparts A and B
served: BILLING CODE 7020–02–P (19 CFR part 201), and part 207,
(a) The complainants are: subparts A, D, E, and F (19 CFR part
Select Comfort Corporation, 9800 59th 207).
INTERNATIONAL TRADE Staff report.—A staff report
Avenue North, Minneapolis, MN
COMMISSION containing information concerning the
55442
Select Comfort SC Corporation, 103 [Investigation No. 731–TA–298 (Fourth subject matter of the review will be
Shaw Street, Greenville, SC 29609 Review)] placed in the nonpublic record on June
(b) The respondents are the following 2, 2016, and made available to persons
entities alleged to be in violation of Porcelain-On-Steel Cooking Ware on the Administrative Protective Order
section 337, and are the parties upon From China; Scheduling of an service list for this review. A public
which the complaint is to be served: Expedited Five-Year Review version will be issued thereafter,
pursuant to section 207.62(d)(4) of the
American National Manufacturing Inc., AGENCY: United States International Commission’s rules.
252 Mariah Circle, Corona, CA 92879 Trade Commission.
Elements of Rest Inc., 1000 Marietta Written submissions.—As provided in
ACTION: Notice. section 207.62(d) of the Commission’s
Street, Suite 106, Atlanta, GA 30318
Responsive Surface Technology LLC, rules, interested parties that are parties
SUMMARY: The Commission hereby gives to the review and that have provided
1000 Marietta Street, Suite 106, notice of the scheduling of an expedited
Atlanta, GA 30318 individually adequate responses to the
review pursuant to the Tariff Act of notice of institution,2 and any party
Dires LLC d/b/a Personal Comfort Bed, 1930 (‘‘the Act’’) to determine whether
3411 Lake Breeze Drive, Building 601, other than an interested party to the
revocation of the antidumping duty review may file written comments with
Suite E/F, Orlando, FL 32808 order on porcelain-on-steel cooking
(3) For the investigation so instituted, the Secretary on what determination the
ware from China would be likely to lead
the Chief Administrative Law Judge, to continuation or recurrence of material 1 A record of the Commissioners’ votes, the
sradovich on DSK3TPTVN1PROD with NOTICES

U.S. International Trade Commission, injury within a reasonably foreseeable Commission’s statement on adequacy, and any
shall designate the presiding time. individual Commissioner’s statements will be
Administrative Law Judge. available from the Office of the Secretary and at the
The Office of Unfair Import DATES: Effective May 6, 2016. Commission’s Web site.
2 The Commission has found the response
Investigations will not participate as a FOR FURTHER INFORMATION CONTACT:
submitted by Columbian Home Products, LLC to be
party in this investigation. Keysha Martinez (202–205–2136), Office individually adequate. Comments from other
Responses to the complaint and the of Investigations, U.S. International interested parties will not be accepted (see 19 CFR
notice of investigation must be Trade Commission, 500 E Street SW., 207.62(d)(2)).

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Document Created: 2018-02-07 15:07:43
Document Modified: 2018-02-07 15:07:43

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 Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		81 FR 32344