81_FR_43361 81 FR 43234 - Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement

81 FR 43234 - Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43234-43235
FR Document2016-15610

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 12) issued by the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the investigation based on a settlement agreement.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43234-43235]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15610]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-983]


Certain Laser-Driven Light Sources, Subsystems Containing Laser-
Driven Light Sources, and Products Containing Same; Commission 
Determination Not To Review an Initial Determination Granting a Joint 
Motion To Terminate the Investigation Based on a Settlement Agreement

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 an initial determination 
(``ID'') (Order No. 12) issued by the presiding administrative law 
judge (``ALJ'') granting a joint motion to terminate the investigation 
based on a settlement agreement.

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, 19 U.S.C. 1337, on January 
21, 2016, based on a complaint filed by Energetiq Technology, Inc. of 
Woburn,

[[Page 43235]]

Massachusetts. See 81 FR 3473 (Jan. 21, 2016). The complaint, as 
supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain laser-driven light sources, subsystems 
containing laser-driven light sources, and products containing same by 
reason of infringement of certain claims of U.S. Patent Nos. 8,969,841; 
9,048,000; and 9,185,786. The respondents named in the Commission's 
notice of investigation are ASML Netherlands B.V. of Veldhoven, the 
Netherlands; ASML US, Inc. of Chandler, Arizona; and Qioptiq Photonics 
GmbH & Co. KG, of Gottingen, Germany. The Office of Unfair Import 
Investigations is not participating in the investigation.
    On May 11, 2016, complainant and respondents filed a joint motion 
to terminate this investigation in its entirety based on a settlement 
agreement.
    On May 31, 2016, the ALJ issued an ID (Order No. 12), granting the 
motion for termination. The ALJ found that the joint motion complies 
with the Commission Rules and that termination of the investigation 
will not adversely affect the public interest. No party petitioned for 
review of the subject ID. The Commission has determined not to review 
the ID.
    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: June 27, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15610 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    43234                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    establishment(s) could reasonably have                  are a trade/business association, provide              Tariff Act of 1930; this notice is published
                                                    expected to attain during the year,                     the information, on an aggregate basis,                pursuant to section 207.61 of the
                                                    assuming normal operating conditions                    for the firms which are members of your                Commission’s rules.
                                                    (using equipment and machinery in                       association.                                             By order of the Commission.
                                                    place and ready to operate), normal                        (a) Production (quantity) and, if                     Issued: June 24, 2016.
                                                    operating levels (hours per week/weeks                  known, an estimate of the percentage of                Lisa R. Barton,
                                                    per year), time for downtime,                           total production of Subject Merchandise                Secretary to the Commission.
                                                    maintenance, repair, and cleanup, and a                 in the Subject Country accounted for by                [FR Doc. 2016–15371 Filed 6–30–16; 8:45 am]
                                                    typical or representative product mix);                 your firm’s(s’) production;                            BILLING CODE 7020–02–P
                                                       (c) the quantity and value of U.S.                      (b) Capacity (quantity) of your firm(s)
                                                    commercial shipments of the Domestic                    to produce the Subject Merchandise in
                                                    Like Product produced in your U.S.                      the Subject Country (i.e., the level of                INTERNATIONAL TRADE
                                                    plant(s);                                               production that your establishment(s)                  COMMISSION
                                                       (d) the quantity and value of U.S.                   could reasonably have expected to
                                                    internal consumption/company                            attain during the year, assuming normal                [Investigation No. 337–TA–983]
                                                    transfers of the Domestic Like Product                  operating conditions (using equipment
                                                    produced in your U.S. plant(s); and                                                                            Certain Laser-Driven Light Sources,
                                                                                                            and machinery in place and ready to
                                                       (e) the value of (i) net sales, (ii) cost                                                                   Subsystems Containing Laser-Driven
                                                                                                            operate), normal operating levels (hours
                                                    of goods sold (COGS), (iii) gross profit,                                                                      Light Sources, and Products
                                                                                                            per week/weeks per year), time for
                                                    (iv) selling, general and administrative                                                                       Containing Same; Commission
                                                                                                            downtime, maintenance, repair, and
                                                    (SG&A) expenses, and (v) operating                                                                             Determination Not To Review an Initial
                                                                                                            cleanup, and a typical or representative
                                                    income of the Domestic Like Product                                                                            Determination Granting a Joint Motion
                                                                                                            product mix); and
                                                    produced in your U.S. plant(s) (include                                                                        To Terminate the Investigation Based
                                                                                                               (c) the quantity and value of your
                                                    both U.S. and export commercial sales,                                                                         on a Settlement Agreement
                                                                                                            firm’s(s’) exports to the United States of
                                                    internal consumption, and company                       Subject Merchandise and, if known, an                  AGENCY: U.S. International Trade
                                                    transfers) for your most recently                       estimate of the percentage of total                    Commission.
                                                    completed fiscal year (identify the date                exports to the United States of Subject                ACTION: Notice.
                                                    on which your fiscal year ends).                        Merchandise from the Subject Country
                                                       (10) If you are a U.S. importer or a                                                                        SUMMARY:   Notice is hereby given that
                                                                                                            accounted for by your firm’s(s’) exports.
                                                    trade/business association of U.S.                                                                             the U.S. International Trade
                                                                                                               (12) Identify significant changes, if
                                                    importers of the Subject Merchandise                                                                           Commission has determined not to
                                                                                                            any, in the supply and demand
                                                    from the Subject Country, provide the                                                                          review an initial determination (‘‘ID’’)
                                                                                                            conditions or business cycle for the
                                                    following information on your firm’s(s’)                                                                       (Order No. 12) issued by the presiding
                                                                                                            Domestic Like Product that have
                                                    operations on that product during                                                                              administrative law judge (‘‘ALJ’’)
                                                                                                            occurred in the United States or in the
                                                    calendar year 2015 (report quantity data                                                                       granting a joint motion to terminate the
                                                                                                            market for the Subject Merchandise in
                                                    in short tons and value data in U.S.                                                                           investigation based on a settlement
                                                                                                            the Subject Country after 2010, and
                                                    dollars). If you are a trade/business                                                                          agreement.
                                                                                                            significant changes, if any, that are
                                                    association, provide the information, on
                                                                                                            likely to occur within a reasonably                    FOR FURTHER INFORMATION CONTACT:
                                                    an aggregate basis, for the firms which
                                                                                                            foreseeable time. Supply conditions to                 Michael Liberman, Esq., Office of the
                                                    are members of your association.
                                                       (a) The quantity and value (landed,                  consider include technology;                           General Counsel, U.S. International
                                                    duty-paid but not including                             production methods; development                        Trade Commission, 500 E Street SW.,
                                                    antidumping duties) of U.S. imports                     efforts; ability to increase production                Washington, DC 20436, telephone (202)
                                                    and, if known, an estimate of the                       (including the shift of production                     205–3115. Copies of non-confidential
                                                    percentage of total U.S. imports of                     facilities used for other products and the             documents filed in connection with this
                                                    Subject Merchandise from the Subject                    use, cost, or availability of major inputs             investigation are or will be available for
                                                    Country accounted for by your firm’s(s’)                into production); and factors related to               inspection during official business
                                                    imports;                                                the ability to shift supply among                      hours (8:45 a.m. to 5:15 p.m.) in the
                                                       (b) the quantity and value (f.o.b. U.S.              different national markets (including                  Office of the Secretary, U.S.
                                                    port, including antidumping duties) of                  barriers to importation in foreign                     International Trade Commission, 500 E
                                                    U.S. commercial shipments of Subject                    markets or changes in market demand                    Street SW., Washington, DC 20436,
                                                    Merchandise imported from the Subject                   abroad). Demand conditions to consider                 telephone (202) 205–2000. General
                                                    Country; and                                            include end uses and applications; the                 information concerning the Commission
                                                       (c) the quantity and value (f.o.b. U.S.              existence and availability of substitute               may also be obtained by accessing its
                                                    port, including antidumping duties) of                  products; and the level of competition                 Internet server at http://www.usitc.gov.
                                                    U.S. internal consumption/company                       among the Domestic Like Product                        The public record for this investigation
                                                    transfers of Subject Merchandise                        produced in the United States, Subject                 may be viewed on the Commission’s
                                                    imported from the Subject Country.                      Merchandise produced in the Subject                    electronic docket (EDIS) at http://
                                                       (11) If you are a producer, an exporter,             Country, and such merchandise from                     edis.usitc.gov. Hearing-impaired
                                                    or a trade/business association of                      other countries.                                       persons are advised that information on
                                                    producers or exporters of the Subject                      (13) (Optional) A statement of                      this matter can be obtained by
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Merchandise in the Subject Country,                     whether you agree with the above                       contacting the Commission’s TDD
                                                    provide the following information on                    definitions of the Domestic Like Product               terminal on (202) 205–1810.
                                                    your firm’s(s’) operations on that                      and Domestic Industry; if you disagree                 SUPPLEMENTARY INFORMATION: The
                                                    product during calendar year 2015                       with either or both of these definitions,              Commission instituted this investigation
                                                    (report quantity data in short tons and                 please explain why and provide                         under section 337 of the Tariff Act of
                                                    value data in U.S. dollars, landed and                  alternative definitions.                               1930, 19 U.S.C. 1337, on January 21,
                                                    duty-paid at the U.S. port but not                        Authority: This proceeding is being                  2016, based on a complaint filed by
                                                    including antidumping duties). If you                   conducted under authority of Title VII of the          Energetiq Technology, Inc. of Woburn,


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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                             43235

                                                    Massachusetts. See 81 FR 3473 (Jan. 21,                 whether revocation of the antidumping                    antidumping duty orders on imports of
                                                    2016). The complaint, as supplemented,                  duty orders on heavy forged hand tools                   heavy forged hand tools from China (76
                                                    alleges violations of section 337 of the                from China would be likely to lead to                    FR 52313). The Commission is now
                                                    Tariff Act of 1930, as amended, 19                      continuation or recurrence of material                   conducting fourth reviews pursuant to
                                                    U.S.C. 1337, in the importation into the                injury. Pursuant to the Act, interested                  section 751(c) of the Act, as amended
                                                    United States, the sale for importation,                parties are requested to respond to this                 (19 U.S.C. 1675(c)), to determine
                                                    and the sale within the United States                   notice by submitting the information                     whether revocation of the orders would
                                                    after importation of certain laser-driven               specified below to the Commission; 1 to                  be likely to lead to continuation or
                                                    light sources, subsystems containing                    be assured of consideration, the                         recurrence of material injury to the
                                                    laser-driven light sources, and products                deadline for responses is August 1,                      domestic industry within a reasonably
                                                    containing same by reason of                            2016. Comments on the adequacy of                        foreseeable time. Provisions concerning
                                                    infringement of certain claims of U.S.                  responses may be filed with the                          the conduct of this proceeding may be
                                                    Patent Nos. 8,969,841; 9,048,000; and                   Commission by September 14, 2016.                        found in the Commission’s Rules of
                                                    9,185,786. The respondents named in                     DATES: Effective Date: July 1, 2016.                     Practice and Procedure at 19 CFR parts
                                                    the Commission’s notice of investigation                FOR FURTHER INFORMATION CONTACT:                         201, Subparts A and B and 19 CFR part
                                                    are ASML Netherlands B.V. of                            Mary Messer (202–205–3193), Office of                    207, subparts A and F. The Commission
                                                    Veldhoven, the Netherlands; ASML US,                    Investigations, U.S. International Trade                 will assess the adequacy of interested
                                                    Inc. of Chandler, Arizona; and Qioptiq                  Commission, 500 E Street SW.,                            party responses to this notice of
                                                    Photonics GmbH & Co. KG, of                             Washington, DC 20436. Hearing-                           institution to determine whether to
                                                    Gottingen, Germany. The Office of                       impaired persons can obtain                              conduct full or expedited reviews. The
                                                    Unfair Import Investigations is not                     information on this matter by contacting                 Commission’s determinations in any
                                                    participating in the investigation.                     the Commission’s TDD terminal on 202–                    expedited reviews will be based on the
                                                       On May 11, 2016, complainant and                     205–1810. Persons with mobility                          facts available, which may include
                                                    respondents filed a joint motion to                     impairments who will need special                        information provided in response to this
                                                    terminate this investigation in its                                                                              notice.
                                                                                                            assistance in gaining access to the
                                                    entirety based on a settlement                                                                                      Definitions.—The following
                                                                                                            Commission should contact the Office
                                                    agreement.                                                                                                       definitions apply to these reviews:
                                                                                                            of the Secretary at 202–205–2000.                           (1) Subject Merchandise is the class or
                                                       On May 31, 2016, the ALJ issued an                   General information concerning the
                                                    ID (Order No. 12), granting the motion                                                                           kind of merchandise that is within the
                                                                                                            Commission may also be obtained by                       scope of the five-year reviews, as
                                                    for termination. The ALJ found that the                 accessing its internet server (http://
                                                    joint motion complies with the                                                                                   defined by the Department of
                                                                                                            www.usitc.gov). The public record for                    Commerce.
                                                    Commission Rules and that termination                   this proceeding may be viewed on the                        (2) The Subject Country in these
                                                    of the investigation will not adversely                 Commission’s electronic docket (EDIS)                    reviews is China.
                                                    affect the public interest. No party                    at http://edis.usitc.gov.                                   (3) The Domestic Like Product is the
                                                    petitioned for review of the subject ID.                SUPPLEMENTARY INFORMATION:                               domestically produced product or
                                                    The Commission has determined not to                       Background.—On February 19, 1991,                     products which are like, or in the
                                                    review the ID.                                          the Department of Commerce issued                        absence of like, most similar in
                                                       The authority for the Commission’s                   antidumping duty orders on imports of                    characteristics and uses with, the
                                                    determination is contained in section                   the following classes or kinds of heavy                  Subject Merchandise. In its original
                                                    337 of the Tariff Act of 1930, as                       forged hand tools from China: (1) Axes                   determinations, its full first five-year
                                                    amended (19 U.S.C. 1337), and in part                   and adzes, (2) bars and wedges, (3)                      review determinations, and its
                                                    210 of the Commission’s Rules of                        hammers and sledges, and (4) picks and                   expedited second and third five-year
                                                    Practice and Procedure (19 CFR part                     mattocks (56 FR 6622). Following the                     review determinations, the Commission
                                                    210).                                                   first five-year reviews by Commerce and                  found four Domestic Like Products: (1)
                                                      By order of the Commission.                           the Commission, effective August 10,                     axes, adzes and hewing tools, other than
                                                      Issued: June 27, 2016.                                2000, Commerce issued a continuation                     machetes, with or without handles; (2)
                                                    Lisa R. Barton,                                         of the antidumping duty orders on                        bar tools, track tools and wedges; (3)
                                                    Secretary to the Commission.                            imports of heavy forged hand tools from                  hammers and sledges, with heads
                                                    [FR Doc. 2016–15610 Filed 6–30–16; 8:45 am]
                                                                                                            China (65 FR 48962). Following second                    weighing two pounds or more, with or
                                                                                                            five-year reviews by Commerce and the                    without handles; and (4) picks and
                                                    BILLING CODE 7020–02–P
                                                                                                            Commission, effective February 16,                       mattocks, with or without handles,
                                                                                                            2006, Commerce issued a continuation                     coextensive with Commerce’s scope.
                                                    INTERNATIONAL TRADE                                     of the antidumping duty orders on                           (4) The Domestic Industry is the U.S.
                                                    COMMISSION                                              imports of heavy forged hand tools from                  producers as a whole of the Domestic
                                                                                                            China (71 FR 8276). Following the third                  Like Product, or those producers whose
                                                    [Investigation Nos. 731–TA–457–A–D                      five-year reviews by Commerce and the                    collective output of the Domestic Like
                                                    (Fourth Review)]                                        Commission, effective August 22, 2011,                   Product constitutes a major proportion
                                                                                                            Commerce issued a continuation of the                    of the total domestic production of the
                                                    Heavy Forged Hand Tools From China;
                                                                                                                                                                     product. In its original determinations,
                                                    Institution of Five-Year Reviews
                                                                                                                                                                     its full first five-year review
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              1 No response to this request for information is

                                                    AGENCY: United States International                     required if a currently valid Office of Management       determinations, and its expedited
                                                                                                            and Budget (OMB) number is not displayed; the
                                                    Trade Commission.                                       OMB number is 3117–0016/USITC No. 16–5–360,
                                                                                                                                                                     second and third five-year review
                                                    ACTION: Notice.                                         expiration date June 30, 2017. Public reporting          determinations, the Commission found
                                                                                                            burden for the request is estimated to average 15        four Domestic Industries: (1) Domestic
                                                    SUMMARY:    The Commission hereby gives                 hours per response. Please send comments                 producers of axes, adzes and hewing
                                                                                                            regarding the accuracy of this burden estimate to
                                                    notice that it has instituted reviews                   the Office of Investigations, U.S. International Trade
                                                                                                                                                                     tools, other than machetes, with or
                                                    pursuant to the Tariff Act of 1930 (‘‘the               Commission, 500 E Street SW., Washington, DC             without handles; (2) domestic producers
                                                    Act’’), as amended, to determine                        20436.                                                   of bar tools, track tools, and wedges; (3)


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Document Created: 2016-07-14 11:38:05
Document Modified: 2016-07-14 11:38:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMichael 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 Citation81 FR 43234 

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