81 FR 36955 - Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range		36955-36956
FR Document		2016-13467

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 5, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Aspen Aerogels, Inc. of Northborough, Massachusetts. The complaint 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 composite aerogel insulation materials and methods for manufacturing the same by reason of infringement of certain claims of U.S. Patent No. 6,989,123 (``the '123 patent''); U.S. Patent No. 7,078,359 (``the '359 patent''); U.S. Patent No. 7,399,439 (``the '439 patent''); U.S. Patent No. 7,780,890 (``the '890 patent''); and U.S. Patent No. 9,181,486 (``the '486 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 general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36955-36956]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13467]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1003]


Certain Composite Aerogel Insulation Materials and Methods for 
Manufacturing the Same 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 May 5, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Aspen Aerogels, Inc. of Northborough, Massachusetts. The complaint 
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 composite aerogel insulation 
materials and methods for manufacturing the same by reason of 
infringement of certain claims of U.S. Patent No. 6,989,123 (``the '123 
patent''); U.S. Patent No. 7,078,359 (``the '359 patent''); U.S. Patent 
No. 7,399,439 (``the '439 patent''); U.S. Patent No. 7,780,890 (``the 
'890 patent''); and U.S. Patent No. 9,181,486 (``the '486 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 general exclusion 
order, or in the alternative 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 36956]]

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 complaint, the U.S. 
International Trade Commission, on June 1, 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 composite 
aerogel insulation materials and methods for manufacturing the same by 
reason of infringement of one or more of claims 15-17 and 19 of the 
'123 patent; claims 1-3, 5-7, 9, 10, 12-18, 49, and 50 of the '359 
patent; claims 1-4, 6-9, 15, 16, and 18-21 of the '439 patent; claims 
11-13, 15, 17-19, and 21 of the '890 patent; and claims 1, 2, and 11 of 
the '486 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: Aspen Aerogels, Inc., 30 Forbes Road, 
Building B, Northborough, MA 01532.
    (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:

Nano Tech Co., Ltd., No. 9 Baichuan Road, Binhai New Area, Shaoxing, 
Zhejiang, China.
Guangdong Alison Hi-Tech Co., Ltd., Rm. 1202, Golden Lake Building, No. 
2 Donghu Road West, Guangzhou, China.

    (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 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: June 2, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-13467 Filed 6-7-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 36955

SUPPLEMENTARY INFORMATION: On August designated area not associated with an the due date, ONRR will bill you late
10, 1999, ONRR published a final rule index zone for each production month payment interest under 30 CFR 1218.54.
titled ‘‘Amendments to Gas Valuation beginning January 2000, as well as the The interest will accrue from the due
Regulations for Indian Leases’’ effective due date for additional royalty date until ONRR receives your payment
January 1, 2000 (64 FR 43506). The gas payments. See 30 CFR 1206.174(a)(4)(ii). and an amended form ONRR–2014. The
valuation regulations apply to all gas If you owe additional royalties based on table below lists the major portion
production from Indian (Tribal or a published major portion price, you prices for all designated areas not
allotted) oil and gas leases, except leases must submit to ONRR by the due date, associated with an index zone. The due
on the Osage Indian Reservation. an amended form ONRR–2014, Report date is the end of the month following
The regulations require ONRR to of Sales and Royalty Remittance. If you 60 days after the publication date of this
publish major portion prices for each do not pay the additional royalties by notice.

GAS MAJOR PORTION PRICES ($/MMBTU) FOR DESIGNATED AREAS NOT ASSOCIATED WITH AN INDEX ZONE
ONRR-designated areas Jan 2014 Feb 2014 Mar 2014 Apr 2014

Blackfeet Reservation ...................................................................................... 3.42 6.58 4.24 3.82
Fort Belknap .................................................................................................... 5.61 6.76 6.24 5.00
Fort Berthold .................................................................................................... 6.40 10.27 10.48 5.19
Fort Peck Reservation ..................................................................................... 6.55 7.28 7.87 6.64
Navajo Allotted Leases in the Navajo Reservation ......................................... 4.68 5.59 5.39 4.58
Turtle Mountain Reservation ........................................................................... 7.05 7.31 8.64 5.14

ONRR-designated areas May 2014 Jun 2014 Jul 2014 Aug 2014

Blackfeet Reservation ...................................................................................... 3.69 3.82 3.30 3.14
Fort Belknap .................................................................................................... 5.11 5.12 4.85 4.69
Fort Berthold .................................................................................................... 5.04 5.01 4.66 4.20
Fort Peck Reservation ..................................................................................... 5.17 5.00 4.79 4.49
Navajo Allotted Leases in the Navajo Reservation ......................................... 4.66 4.52 4.52 3.98
Turtle Mountain Reservation ........................................................................... 5.05 4.97 4.24 4.14

ONRR-designated areas Sep 2014 Oct 2014 Nov 2014 Dec 2014

Blackfeet Reservation ...................................................................................... 3.13 2.81 2.99 2.34
Fort Belknap .................................................................................................... 4.77 4.75 4.89 5.10
Fort Berthold .................................................................................................... 4.24 4.09 4.37 4.83
Fort Peck Reservation ..................................................................................... 4.70 4.31 3.52 3.10
Navajo Allotted Leases in the Navajo Reservation ......................................... 4.14 3.96 3.80 4.24
Turtle Mountain Reservation ........................................................................... 4.49 4.06 4.00 3.63

For information on how to report SUMMARY: Notice is hereby given that a and, after the investigation, issue a
additional royalties due to major portion complaint was filed with the U.S. general exclusion order, or in the
prices, please refer to our Dear Payor International Trade Commission on May alternative a limited exclusion order,
letter dated December 1, 1999, on the 5, 2016, under section 337 of the Tariff and cease and desist orders.
ONRR Web site at http://www.onrr.gov/ Act of 1930, as amended, 19 U.S.C.
ReportPay/PDFDocs/991201.pdf 1337, on behalf of Aspen Aerogels, Inc. ADDRESSES: The complaint, except for
of Northborough, Massachusetts. The any confidential information contained
Dated: May 31, 2016.
complaint alleges violations of section therein, is available for inspection
Gregory J. Gould, during official business hours (8:45 a.m.
Director, Office of Natural Resources
337 based upon the importation into the
United States, the sale for importation, to 5:15 p.m.) in the Office of the
Revenue.
and the sale within the United States Secretary, U.S. International Trade
[FR Doc. 2016–13461 Filed 6–7–16; 8:45 am]
after importation of certain composite Commission, 500 E Street SW., Room
BILLING CODE 4335–30–P
aerogel insulation materials and 112, Washington, DC 20436, telephone
methods for manufacturing the same by (202) 205–2000. Hearing impaired
reason of infringement of certain claims individuals are advised that information
INTERNATIONAL TRADE of U.S. Patent No. 6,989,123 (‘‘the ’123 on this matter can be obtained by
COMMISSION patent’’); U.S. Patent No. 7,078,359 (‘‘the contacting the Commission’s TDD
[Investigation No. 337–TA–1003] ’359 patent’’); U.S. Patent No. 7,399,439 terminal on (202) 205–1810. Persons
(‘‘the ’439 patent’’); U.S. Patent No. with mobility impairments who will
Certain Composite Aerogel Insulation 7,780,890 (‘‘the ’890 patent’’); and U.S. need special assistance in gaining access
mstockstill on DSK3G9T082PROD with NOTICES

Materials and Methods for Patent No. 9,181,486 (‘‘the ’486 patent’’). to the Commission should contact the
Manufacturing the Same Institution of The complaint further alleges that an Office of the Secretary at (202) 205–
Investigation industry in the United States exists as 2000. General information concerning
required by subsection (a)(2) of section the Commission may also be obtained
AGENCY: U.S. International Trade 337.
Commission. by accessing its internet server at http://
The complainant requests that the www.usitc.gov. The public record for
ACTION: Notice.
Commission institute an investigation this investigation may be viewed on the

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36956 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices

Commission’s electronic docket (EDIS) submitted by the named respondents in Counsel, U.S. International Trade
at http://edis.usitc.gov. accordance with section 210.13 of the Commission, 500 E Street SW.,
FOR FURTHER INFORMATION CONTACT: The Commission’s Rules of Practice and Washington, DC 20436, telephone (202)
Office of Unfair Import Investigations, Procedure, 19 CFR 210.13. Pursuant to 708–2310. Copies of non-confidential
U.S. International Trade Commission, 19 CFR 201.16(e) and 210.13(a), such documents filed in connection with this
telephone (202) 205–2560. responses will be considered by the investigation are or will be available for
Commission if received not later than 20 inspection during official business
Authority: The authority for institution of
this investigation is contained in section 337 days after the date of service by the hours (8:45 a.m. to 5:15 p.m.) in the
of the Tariff Act of 1930, as amended, and Commission of the complaint and the Office of the Secretary, U.S.
in section 210.10 of the Commission’s Rules notice of investigation. Extensions of International Trade Commission, 500 E
of Practice and Procedure, 19 CFR 210.10 time for submitting responses to the Street SW., Washington, DC 20436,
(2015). complaint and the notice of telephone (202) 205–2000. General
investigation will not be granted unless information concerning the Commission
Scope of Investigation: Having good cause therefor is shown. may also be obtained by accessing its
considered the complaint, the U.S. Failure of a respondent to file a timely Internet server at http://www.usitc.gov.
International Trade Commission, on response to each allegation in the The public record for this investigation
June 1, 2016, ordered that— complaint and in this notice may be may be viewed on the Commission’s
(1) Pursuant to subsection (b) of deemed to constitute a waiver of the electronic docket (EDIS) at http://
section 337 of the Tariff Act of 1930, as right to appear and contest the edis.usitc.gov. Hearing-impaired
amended, an investigation be instituted allegations of the complaint and this persons are advised that information on
to determine whether there is a notice, and to authorize the this matter can be obtained by
violation of subsection (a)(1)(B) of administrative law judge and the contacting the Commission’s TDD
section 337 in the importation into the Commission, without further notice to terminal on (202) 205–1810.
United States, the sale for importation, the respondent, to find the facts to be as SUPPLEMENTARY INFORMATION: The
or the sale within the United States after alleged in the complaint and this notice Commission instituted this investigation
importation of certain composite aerogel and to enter an initial determination on December 11, 2015, based on a
insulation materials and methods for and a final determination containing complaint filed by HYDOR USA Inc. of
manufacturing the same by reason of such findings, and may result in the Sacramento, California. 80 FR 77019–20
infringement of one or more of claims issuance of an exclusion order or a cease (Dec. 11, 2015). The complaint alleged
15–17 and 19 of the ’123 patent; claims and desist order or both directed against violations of section 337 of the Tariff
1–3, 5–7, 9, 10, 12–18, 49, and 50 of the the respondent. Act of 1930, as amended, 19 U.S.C.
’359 patent; claims 1–4, 6–9, 15, 16, and
By order of the Commission. 1337, by reason of infringement of
18–21 of the ’439 patent; claims 11–13,
Issued: June 2, 2016. certain claims of U.S. Patent No.
15, 17–19, and 21 of the ’890 patent; and
Lisa R. Barton, 8,191,846. The complaint further
claims 1, 2, and 11 of the ’486 patent,
Secretary to the Commission. alleged that a domestic industry exists.
and whether an industry in the United
The Commission’s Notice of
States exists as required by subsection [FR Doc. 2016–13467 Filed 6–7–16; 8:45 am]
Investigation named Jebao Co., Ltd. of
(a)(2) of section 337; BILLING CODE 7020–02–P
(2) For the purpose of the Zhongshan City, China as the sole
investigation so instituted, the following respondent.
INTERNATIONAL TRADE On April 18, 2016, complainant and
are hereby named as parties upon which
COMMISSION the sole respondent moved for
this notice of investigation shall be
termination of the investigation based
served: [Investigation No. 337–TA–974] on a consent order stipulation and a
(a) The complainant is: Aspen settlement agreement. The Commission
Aerogels, Inc., 30 Forbes Road, Building Certain Aquarium Fittings and Parts
investigative attorney supported the
B, Northborough, MA 01532. Thereof; Commission Determination
motion.
(b) The respondents are the following Not To Review an Initial Determination On May 4, 2016, the ALJ issued the
entities alleged to be in violation of Terminating the Investigation; subject ID (Order No. 10) granting the
section 337, and are the parties upon Issuance of Consent Order and joint motion and finding that the motion
which the complaint is to be served: Termination of the Investigation for termination satisfies Commission
Nano Tech Co., Ltd., No. 9 Baichuan AGENCY: U.S. International Trade Rules 210.21(a)(1) and (b)(1),
Road, Binhai New Area, Shaoxing, Commission. termination is in the public interest, and
Zhejiang, China. ACTION: Notice. that no ‘‘extraordinary circumstances’’
Guangdong Alison Hi-Tech Co., Ltd., exist that would preclude granting the
Rm. 1202, Golden Lake Building, No. SUMMARY: Notice is hereby given that motion. No party petitioned for review
2 Donghu Road West, Guangzhou, the U.S. International Trade of the ID.
China. Commission has determined not to The Commission has determined not
(c) The Office of Unfair Import review the presiding administrative law to review the ID and has issued the
Investigations, U.S. International Trade judge’s (‘‘ALJ’’) initial determination consent order and terminated the
Commission, 500 E Street SW., Suite (‘‘ID’’) (Order No. 10) terminating the investigation.
above-captioned investigation based on The authority for the Commission’s
mstockstill on DSK3G9T082PROD with NOTICES

401, Washington, DC 20436; and
(3) For the investigation so instituted, a consent order stipulation, consent determination is contained in section
the Chief Administrative Law Judge, order, and settlement agreement. The 337 of the Tariff Act of 1930, as
U.S. International Trade Commission, Commission has issued the consent amended (19 U.S.C. 1337), and in Part
shall designate the presiding order and determined to terminate the 210 of the Commission’s Rules of
Administrative Law Judge. investigation. Practice and Procedure (19 CFR part
Responses to the complaint and the FOR FURTHER INFORMATION CONTACT: 210).
notice of investigation must be Clint Gerdine, Office of the General By order of the Commission.

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Document Created: 2016-06-08 03:10:31
Document Modified: 2016-06-08 03:10:31

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 36955