81 FR 35379 - Certain Ink Cartridges and Components Thereof; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range		35379-35380
FR Document		2016-12922

Notice is hereby given that the U.S. International Trade Commission has determined to issue: (1) A general exclusion order (``GEO'') barring entry of certain ink cartridges and components thereof that infringe the patents asserted in this investigation; and (2) cease and desist orders (``CDOs'') directed against two domestic defaulting respondents. The Commission has terminated this investigation.

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)

[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35379-35380]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12922]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-946]


Certain Ink Cartridges and Components Thereof; Issuance of a 
General Exclusion Order and Cease and Desist Orders; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue: (1) A general exclusion order 
(``GEO'') barring entry of certain ink cartridges and components 
thereof that infringe the patents asserted in this investigation; and 
(2) cease and desist orders (``CDOs'') directed against two domestic 
defaulting respondents. The Commission has terminated this 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), on January 27, 2015, based on a complaint filed by 
Epson Portland Inc., Epson America, Inc. and Seiko Epson Corporation 
(collectively, ``Epson,'' or Complainants). 80 FR 4314-16 (Jan. 27, 
2015). The complaint alleges a violation of section 337 by reason of 
infringement of certain claims of U.S. Patent No. 8,366,233 (``the '233 
patent''); U.S. Patent No. 8,454,116 (``the '116 patent''); U.S. Patent 
No. 8,794,749 (``the '749 patent''); U.S. Patent No. 8,801,163 (``the 
'163 patent''); and U.S. Patent No. 8,882,513 (``the '513 patent'') 
(collectively, the ``Asserted Patents'') by numerous respondents. Id. 
In particular, the notice of investigation named the following nineteen 
entities as respondents: Zhuhai Nano Digital Technology Co., Ltd. of 
Zhuhai, China; Nano Business & Technology, Inc. of Lake Oswego, Oregon; 
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of 
Zhuhai, China; Huebon Co. Ltd. of Hong Kong; Chancen Co., Ltd. of Hong 
Kong; Zhuhai Rich Imaging Technology Co., Ltd. of Zhuhai, China; 
Shanghai Orink Infotech International Co., Ltd. of Shanghai, China; 
Orink lnfotech International Co., Ltd. of Hong Kong; Zinyaw LLC of 
Houston, Texas; Yotat Group Co., Ltd. of Hong Kong; Yotat (Zhuhai) 
Technology Co., Ltd. of Zhuhai, China; Ourway Image Co., Ltd. of 
Zhuhai, China; Kingway Image Co., Ltd. of Zhuhai, China; Zhuhai 
Chinamate Technology Co., Ltd. of Zhuhai, China; InkPro2day, LLC of Los 
Angeles, California; Dongguan OcBestjet Printer Consumables Co., Ltd. 
of Dongguan, China; OcBestjet Printer Consumables (HK) Co., Ltd. of 
Hong Kong; Aomya Printer Consumables (Zhuhai) Co., Ltd. of Guangdong, 
China; and Zhuhai Richeng Development Co., Ltd. of Zhuhai, China. The 
Commission's Office of Unfair Import Investigations (``OUII'') was also 
named as a party.
    On June 18, 2015, the ALJ issued an initial determination (``ID'') 
(Order No. 9) finding in default respondents Huebon Co.; Ltd., Chancen 
Co., Ltd.; Yotat Group Co., Ltd.; Ourway Image Co., Ltd.; Shanghai 
Orink Infotech International Co., Ltd.; Orink Infotech International 
Co., Ltd.; Kingway Image Co., Ltd.; Zhuhai Chinamate Technology Co., 
Ltd.; Yotat (Zhuhai) Technology Co., Ltd.; Zhuhai Richeng Development 
Co., Ltd.; Dongguan OcBestjet Printer Consumables Co., Ltd.; OcBestjet 
Printer Consumables (HK) Co., Ltd.; Zinyaw LLC; InkPro2day; LLC, Aomya 
Printer Consumables (Zhuhai) Co., Ltd.; Zhuhai National Resources & 
Jingjie Imaging Products Co., Ltd.; and Zhuhai Rich Imaging Technology 
Co., Ltd. (collectively, ``the Defaulting Respondents'') (not reviewed 
Jul. 10, 2015). On July 8, 2015, the ALJ issued an ID (Order No. 10) 
terminating the investigation as to remaining named respondents Zhuhai 
Nano Digital Technology, Co., Ltd. (China) and Nano Business and 
Technology, Inc. (USA) based on a settlement agreement and consent 
order (not reviewed Aug. 5, 2015).
    All of the respondents in this investigation have either defaulted 
or entered into consent orders that have been approved by the 
Commission. On September 16, 2015, the ALJ issued an ID (Order No. 11) 
partially terminating the investigation based on Epson's withdrawal of 
certain claims (not reviewed Oct. 15, 2015). Claims 1 and 10 of the 
'233 patent; claims 9, 14, 18, and 21 of the '116 patent; claims 1, 18, 
49, and 60 of the '749 patent; claims 1 and 6 of the '163 patent; and 
claims 14, 15, and 19 of the '513 patent remain pending in this 
investigation. ID at 3.
    On August 31, 2015, Epson filed a motion for summary determination 
of violation by the Defaulting Respondents. The IA filed a response in 
support of the motion on September 11, 2015. No respondent filed a 
response to the motion.
    On October 28, 2015, the ALJ issued an ID (order No. 12) granting 
Complainants' motion for summary determination. No party petitioned for 
review of the ID. The Commission

[[Page 35380]]

determined to review-in-part the subject ID and, on review, to affirm 
the ID with certain modifications to the ALJ's findings regarding the 
importation requirement. Notice of Commission Determination To Review 
an ID in Part and, on Review, to Affirm a Finding of a Violation of 
Section 337 dated December 14, 2015 (``Commission Notice'') at 2. See 
80 Fed. Reg. 79097-99 (Dec. 18, 2015). The Commission's determination 
resulted in a finding of a violation of section 337.
    The Commission requested written submissions on remedy, public 
interest, and bonding. Id. Complainants and OUII timely filed their 
submissions pursuant to the Commission Notice. No other parties filed 
submissions in response to the Commission Notice. No submissions were 
filed by the public.
    Having reviewed the submissions filed in response to the 
Commission's Notice and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation 
is: (a) A GEO prohibiting the unlicensed importation of certain ink 
cartridges and components thereof covered by one or more of claims 1 
and 10 of the '233 patent; claims 9, 14, 18, and 21 of the '116 patent; 
claims 1, 18, 49, and 60 of the '749 patent; claims 1 and 6 of the '163 
patent; and claims 14, 15, and 19 of the '513 patent; and (b) CDOs 
directed against respondents Zinyaw and InkPro2day.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C. 
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced 
remedial orders. Additionally, the Commission has determined that a 
bond in the amount of one hundred (100) percent of the entered value is 
required to permit temporary importation of the articles in question 
during the period of Presidential review (19 U.S.C. 1337(j)). The 
Commission has also issued an opinion explaining the basis for the 
remedy. The investigation is terminated.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12922 Filed 6-1-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35379

the investigation number (‘‘Inv. No. Commission has terminated this Zhuhai, China; InkPro2day, LLC of Los
337–TA–959’’) in a prominent place on investigation. Angeles, California; Dongguan OcBestjet
the cover page and/or the first page. (See FOR FURTHER INFORMATION CONTACT: Printer Consumables Co., Ltd. of
Handbook for Electronic Filing Michael Liberman, Esq., Office of the Dongguan, China; OcBestjet Printer
Procedures, http://www.usitc.gov/ General Counsel, U.S. International Consumables (HK) Co., Ltd. of Hong
secretary/fed_reg_notices/rules/ Trade Commission, 500 E Street SW., Kong; Aomya Printer Consumables
handbook_on_electronic_filing.pdf). Washington, DC 20436, telephone (202) (Zhuhai) Co., Ltd. of Guangdong, China;
Persons with questions regarding filing 205–3115. Copies of non-confidential and Zhuhai Richeng Development Co.,
should contact the Secretary (202–205– documents filed in connection with this Ltd. of Zhuhai, China. The
2000). investigation are or will be available for Commission’s Office of Unfair Import
Any person desiring to submit a inspection during official business Investigations (‘‘OUII’’) was also named
document to the Commission in hours (8:45 a.m. to 5:15 p.m.) in the as a party.
confidence must request confidential Office of the Secretary, U.S. On June 18, 2015, the ALJ issued an
treatment. All such requests should be International Trade Commission, 500 E initial determination (‘‘ID’’) (Order No.
directed to the Secretary to the Street SW., Washington, DC 20436, 9) finding in default respondents
Commission and must include a full telephone (202) 205–2000. General Huebon Co.; Ltd., Chancen Co., Ltd.;
statement of the reasons why the information concerning the Commission Yotat Group Co., Ltd.; Ourway Image
Commission should grant such may also be obtained by accessing its Co., Ltd.; Shanghai Orink Infotech
treatment. See 19 CFR 201.6. Documents Internet server at http://www.usitc.gov. International Co., Ltd.; Orink Infotech
for which confidential treatment by the The public record for this investigation International Co., Ltd.; Kingway Image
Commission is properly sought will be may be viewed on the Commission’s Co., Ltd.; Zhuhai Chinamate Technology
treated accordingly. A redacted non- electronic docket (EDIS) at http:// Co., Ltd.; Yotat (Zhuhai) Technology
confidential version of the document edis.usitc.gov. Hearing-impaired Co., Ltd.; Zhuhai Richeng Development
must also be filed simultaneously with persons are advised that information on Co., Ltd.; Dongguan OcBestjet Printer
any confidential filing. All non- this matter can be obtained by Consumables Co., Ltd.; OcBestjet Printer
confidential written submissions will be contacting the Commission’s TDD Consumables (HK) Co., Ltd.; Zinyaw
available for public inspection at the terminal on (202) 205–1810. LLC; InkPro2day; LLC, Aomya Printer
Office of the Secretary and on EDIS. Consumables (Zhuhai) Co., Ltd.; Zhuhai
SUPPLEMENTARY INFORMATION: The
The authority for the Commission’s National Resources & Jingjie Imaging
Commission instituted this investigation Products Co., Ltd.; and Zhuhai Rich
determination is contained in section under section 337 of the Tariff Act of
337 of the Tariff Act of 1930, as Imaging Technology Co., Ltd.
1930, as amended, 19 U.S.C. 1337 (collectively, ‘‘the Defaulting
amended (19 U.S.C. 1337), and in part (‘‘section 337’’), on January 27, 2015,
210 of the Commission’s Rules of Respondents’’) (not reviewed Jul. 10,
based on a complaint filed by Epson 2015). On July 8, 2015, the ALJ issued
Practice and Procedure (19 CFR part Portland Inc., Epson America, Inc. and
210). an ID (Order No. 10) terminating the
Seiko Epson Corporation (collectively, investigation as to remaining named
By order of the Commission. ‘‘Epson,’’ or Complainants). 80 FR respondents Zhuhai Nano Digital
4314–16 (Jan. 27, 2015). The complaint Technology, Co., Ltd. (China) and Nano
Issued: May 26, 2016.
alleges a violation of section 337 by Business and Technology, Inc. (USA)
Lisa R. Barton, reason of infringement of certain claims
Secretary to the Commission. based on a settlement agreement and
of U.S. Patent No. 8,366,233 (‘‘the ’233 consent order (not reviewed Aug. 5,
[FR Doc. 2016–12923 Filed 6–1–16; 8:45 am] patent’’); U.S. Patent No. 8,454,116 (‘‘the 2015).
BILLING CODE 7020–02–P ’116 patent’’); U.S. Patent No. 8,794,749 All of the respondents in this
(‘‘the ’749 patent’’); U.S. Patent No. investigation have either defaulted or
8,801,163 (‘‘the ’163 patent’’); and U.S. entered into consent orders that have
INTERNATIONAL TRADE Patent No. 8,882,513 (‘‘the ’513 patent’’) been approved by the Commission. On
COMMISSION (collectively, the ‘‘Asserted Patents’’) by September 16, 2015, the ALJ issued an
numerous respondents. Id. In particular, ID (Order No. 11) partially terminating
[Investigation No. 337–TA–946] the notice of investigation named the the investigation based on Epson’s
following nineteen entities as withdrawal of certain claims (not
Certain Ink Cartridges and
respondents: Zhuhai Nano Digital reviewed Oct. 15, 2015). Claims 1 and 10
Components Thereof; Issuance of a
Technology Co., Ltd. of Zhuhai, China; of the ’233 patent; claims 9, 14, 18, and
General Exclusion Order and Cease
Nano Business & Technology, Inc. of 21 of the ’116 patent; claims 1, 18, 49,
and Desist Orders; Termination of
Lake Oswego, Oregon; Zhuhai National and 60 of the ’749 patent; claims 1 and
Investigation
Resources & Jingjie Imaging Products 6 of the ’163 patent; and claims 14, 15,
AGENCY: U.S. International Trade Co., Ltd. of Zhuhai, China; Huebon Co. and 19 of the ’513 patent remain
Commission. Ltd. of Hong Kong; Chancen Co., Ltd. of pending in this investigation. ID at 3.
ACTION: Notice. Hong Kong; Zhuhai Rich Imaging On August 31, 2015, Epson filed a
Technology Co., Ltd. of Zhuhai, China; motion for summary determination of
SUMMARY: Notice is hereby given that Shanghai Orink Infotech International violation by the Defaulting
the U.S. International Trade Co., Ltd. of Shanghai, China; Orink Respondents. The IA filed a response in
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Commission has determined to issue: (1) lnfotech International Co., Ltd. of Hong support of the motion on September 11,
A general exclusion order (‘‘GEO’’) Kong; Zinyaw LLC of Houston, Texas; 2015. No respondent filed a response to
barring entry of certain ink cartridges Yotat Group Co., Ltd. of Hong Kong; the motion.
and components thereof that infringe Yotat (Zhuhai) Technology Co., Ltd. of On October 28, 2015, the ALJ issued
the patents asserted in this Zhuhai, China; Ourway Image Co., Ltd. an ID (order No. 12) granting
investigation; and (2) cease and desist of Zhuhai, China; Kingway Image Co., Complainants’ motion for summary
orders (‘‘CDOs’’) directed against two Ltd. of Zhuhai, China; Zhuhai determination. No party petitioned for
domestic defaulting respondents. The Chinamate Technology Co., Ltd. of review of the ID. The Commission

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35380 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

determined to review-in-part the subject By order of the Commission. SUPPLEMENTARY INFORMATION: The
ID and, on review, to affirm the ID with Issued: May 26, 2016. Commission has received an amended
certain modifications to the ALJ’s Lisa R. Barton, complaint and a submission pursuant to
findings regarding the importation Secretary to the Commission. section 210.8(b) of the Commission’s
requirement. Notice of Commission [FR Doc. 2016–12922 Filed 6–1–16; 8:45 am] Rules of Practice and Procedure filed on
Determination To Review an ID in Part BILLING CODE 7020–02–P
behalf of Laerdal Medical Corp. and
and, on Review, to Affirm a Finding of Laerdal Medical AS on March 21, 2016.
a Violation of Section 337 dated The amended complaint alleges
December 14, 2015 (‘‘Commission INTERNATIONAL TRADE violations of section 337 of the Tariff
Notice’’) at 2. See 80 Fed. Reg. 79097– COMMISSION Act of 1930 (19 U.S.C. 1337) in the
99 (Dec. 18, 2015). The Commission’s importation into the United States, the
determination resulted in a finding of a Notice of Receipt of Amended sale for importation, and the sale within
violation of section 337. Complaint; Solicitation of Comments the United States after importation of
The Commission requested written Relating to the Public Interest certain carbon spine board, cervical
submissions on remedy, public interest, collar and various medical training
AGENCY: U.S. International Trade manikin devices, and accompanying
and bonding. Id. Complainants and
OUII timely filed their submissions Commission. product catalogues, product inserts,
pursuant to the Commission Notice. No ACTION: Notice. literature and components thereof. The
other parties filed submissions in amended complaint names as
SUMMARY: Notice is hereby given that respondents Shanghai Evenk
response to the Commission Notice. No
submissions were filed by the public. the U.S. International Trade International Trading Co., Ltd. of China;
Having reviewed the submissions Commission has received an amended Shanghai Honglian Medical Instrument
filed in response to the Commission’s complaint entitled Certain Carbon Spine Development Co., Ltd. of China;
Notice and the evidentiary record, the Board, Cervical Collar and Various Shanghai Jolly Medical Education Co.,
Commission has determined that the Medical Training Manikin Devices, and Ltd. of China; Zhangjiagang Xiehe
appropriate form of relief in this Accompanying Product Catalogues, Medical Apparatus & Instruments Co.,
investigation is: (a) A GEO prohibiting Product Inserts, Literature and Ltd. of China; Zhangjiagang New Fellow
the unlicensed importation of certain Components Thereof DN 3128; the Med. Co., Ltd. of China; Jiangsu
ink cartridges and components thereof Commission is soliciting comments on Yongxin Medical Equipment Co., Ltd. of
covered by one or more of claims 1 and any public interest issues raised by the China; Jiangsu Yongxin Medical-Use
10 of the ’233 patent; claims 9, 14, 18, amended complaint or complainants’ Facilities Making Co., Ltd. of China;
and 21 of the ’116 patent; claims 1, 18, filing under section 210.8(b) of the Jiangyin Everise Medical Devices Co.,
49, and 60 of the ’749 patent; claims 1 Commission’s Rules of Practice and Ltd. of China; Medsource International
and 6 of the ’163 patent; and claims 14, Procedure (19 CFR 210.8(b)). Co., Ltd. and Medsource Factory, Inc. of
15, and 19 of the ’513 patent; and (b) FOR FURTHER INFORMATION CONTACT: Lisa China; and Basic Medical Supply, LLC
CDOs directed against respondents R. Barton, Secretary to the Commission, of Richmond, TX. The complainants
Zinyaw and InkPro2day. U.S. International Trade Commission, request that the Commission issue a
500 E Street SW., Washington, DC general exclusion order, or in the
The Commission has further
20436, telephone (202) 205–2000. The alternative issue a limited exclusion
determined that the public interest
public version of the amended order, and issue cease and desist orders.
factors enumerated in subsections (d)(l) Proposed respondents, other
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do complaint can be accessed on the
Commission’s Electronic Document interested parties, and members of the
not preclude issuance of the
above-referenced remedial orders. Information System (EDIS) at EDIS,1 and public are invited to file comments, not
will be available for inspection during to exceed five (5) pages in length,
Additionally, the Commission has
determined that a bond in the amount official business hours (8:45 a.m. to 5:15 inclusive of attachments, on any public
of one hundred (100) percent of the p.m.) in the Office of the Secretary, U.S. interest issues raised by the amended
International Trade Commission, 500 E complaint or section 210.8(b) filing.
entered value is required to permit Comments should address whether
temporary importation of the articles in Street SW., Washington, DC 20436,
telephone (202) 205–2000. issuance of the relief specifically
question during the period of requested by the complainants in this
Presidential review (19 U.S.C. 1337(j)). General information concerning the
Commission may also be obtained by investigation would affect the public
The Commission has also issued an health and welfare in the United States,
opinion explaining the basis for the accessing its Internet server at United
States International Trade Commission competitive conditions in the United
remedy. The investigation is terminated. States economy, the production of like
The Commission’s orders and the (USITC) at USITC.2 The public record
for this investigation may be viewed on or directly competitive articles in the
record upon which it based its United States, or United States
determination were delivered to the the Commission’s Electronic Document
Information System (EDIS) at EDIS.3 consumers.
President and to the United States Trade In particular, the Commission is
Representative on the day of their Hearing-impaired persons are advised
interested in comments that:
issuance. The Commission has also that information on this matter can be
(i) Explain how the articles
notified the Secretary of the Treasury of obtained by contacting the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

potentially subject to the requested
the orders. Commission’s TDD terminal on (202)
remedial orders are used in the United
The authority for the Commission’s 205–1810.
States;
determination is contained in section (ii) identify any public health, safety,
1 Electronic Document Information System
337 of the Tariff Act of 1930, as or welfare concerns in the United States
(EDIS): http://edis.usitc.gov.
amended (19 U.S.C. 1337), and in Part 2 United States International Trade Commission
relating to the requested remedial
210 of the Commission’s Rules of (USITC): http://edis.usitc.gov. orders;
Practice and Procedure (19 CFR part 3 Electronic Document Information System (iii) identify like or directly
210). (EDIS): http://edis.usitc.gov. competitive articles that complainants,

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Document Created: 2016-06-02 01:23:07
Document Modified: 2016-06-02 01:23:07

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		Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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 35379