81 FR 49265 - Certain Intermediate Bulk Containers; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 144 (July 27, 2016)
Federal Register Volume 81, Issue 144 (July 27, 2016)
| Page Range | 49265-49266 | |
| FR Document | 2016-17745 |
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)] [Notices] [Pages 49265-49266] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17745] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1014] Certain Intermediate Bulk Containers; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 22, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sch[uuml]tz Container Systems Inc. of North Branch, New Jersey. The complaint was supplemented on June 29 and July 7, 2016. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States or sale of certain composite intermediate bulk containers by reason of infringement of certain trade dress, the threat or effect of which is to substantially destroy or injure a domestic industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. 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 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. SUPPLEMENTARY INFORMATION: Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 21, 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)(A) of section 337 in the importation into the United States or sale of certain composite intermediate bulk containers, the threat or effect of which is to substantially destroy or injure a domestic industry; (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: Sch[uuml]tz Container Systems Inc., 200 Aspen Hill Road, North Branch, NJ 08876-5950. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Zhenjiang Runzhou Jinshan Packaging Factory, Road Dantu City Industrial Park, Hengshun Zhenjiang, 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 respondent 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 [[Page 49266]] 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 the 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. 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 (2016). By order of the Commission. Issued: July 22, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-17745 Filed 7-26-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices 49265
Appeal Board of the U.S. Patent and of 100 percent of the entered value of contacting the Commission’s TDD
Trademark Office (‘‘PTAB’’) on April 14, excluded products imported during the terminal on (202) 205–1810. Persons
2016, finding certain claims of the ’934 period of Presidential review (19 U.S.C. with mobility impairments who will
patent unpatentable, on the 1337(j)). The Commission’s orders and need special assistance in gaining access
Commission’s final determination. 81 opinion were delivered to the President to the Commission should contact the
FR 23749–50 (Apr. 22, 2016). On April and to the United States Trade Office of the Secretary at (202) 205–
26, 2016, the parties filed initial written Representative on the day of their 2000. General information concerning
submissions addressing the issuance. the Commission may also be obtained
Commission’s question. On May 3, The authority for the Commission’s by accessing its internet server at http://
2016, the parties filed response briefs. determination is contained in section www.usitc.gov. The public record for
Having examined the record of this 337 of the Tariff Act of 1930, as this investigation may be viewed on the
investigation, including the final ID and amended (19 U.S.C. 1337), and in part Commission’s electronic docket (EDIS)
the parties’ submissions, the 210 of the Commission’s Rules of at http://edis.usitc.gov.
Commission has determined that RealD Practice and Procedure (19 CFR part FOR FURTHER INFORMATION CONTACT: The
has proven a violation of section 337 210). Office of Unfair Import Investigations,
based on infringement of claims 1–3, 9– U.S. International Trade Commission,
By order of the Commission.
11, 13, 15, 17–19, and 21 of the ’455 telephone (202) 205–2560.
Issued: July 21, 2016.
patent; claims 1, 2, 7, 8, 11, and 12 of
Lisa R. Barton, SUPPLEMENTARY INFORMATION:
the ’296 patent; and claims 1, 6, and 11
of the ’934 patent. The Commission has Secretary to the Commission. Scope of Investigation: Having
determined to modify the ALJ’s [FR Doc. 2016–17711 Filed 7–26–16; 8:45 am] considered the complaint, the U.S.
construction of the ‘‘uniformly BILLING CODE 7020–02–P
International Trade Commission, on
modulate’’ limitation recited in claims 1 July 21, 2016, ordered that—
and 17 of the ’455 patent. Under the (1) Pursuant to subsection (b) of
modified construction, the Commission INTERNATIONAL TRADE section 337 of the Tariff Act of 1930, as
has determined that RealD has proven COMMISSION amended, an investigation be instituted
that the accused MasterImage Horizon to determine whether there is a
[Investigation No. 337–TA–1014] violation of subsection (a)(1)(A) of
3D, 3D S, M, Rv1, and Rv2 products
infringe the asserted claims of the ’455 section 337 in the importation into the
Certain Intermediate Bulk Containers;
patent and that the technical prong of United States or sale of certain
Institution of Investigation
the domestic industry requirement is composite intermediate bulk containers,
satisfied with respect to that patent. The AGENCY: U.S. International Trade the threat or effect of which is to
Commission has determined that the Commission. substantially destroy or injure a
asserted claims of the ’455 patent are ACTION: Notice. domestic industry;
not invalid under 35 U.S.C. 102(e), (2) For the purpose of the
SUMMARY: Notice is hereby given that a investigation so instituted, the following
102(g), 103, and 112, ¶¶ 1 and 2. The
Commission has determined that the complaint was filed with the U.S. are hereby named as parties upon which
asserted claims of the ’296 patent are International Trade Commission on June this notice of investigation shall be
not invalid under 35 U.S.C. 116 for 22, 2016, under section 337 of the Tariff served:
improper inventorship. The Act of 1930, as amended, 19 U.S.C. (a) The complainant is: Schütz
Commission has also determined that 1337, on behalf of Schütz Container Container Systems Inc., 200 Aspen Hill
the asserted claims of the ’934 patent are Systems Inc. of North Branch, New Road, North Branch, NJ 08876–5950.
not invalid under 35 U.S.C. 102(g) and Jersey. The complaint was (b) The respondent is the following
103. supplemented on June 29 and July 7, entity alleged to be in violation of
The Commission has determined the 2016. The complaint, as supplemented, section 337, and is the party upon
appropriate remedy is a limited alleges violations of section 337 based which the complaint is to be served:
exclusion order prohibiting the upon the importation into the United Zhenjiang Runzhou Jinshan Packaging
importation of certain three- States or sale of certain composite Factory, Road Dantu City Industrial
dimensional cinema systems, and intermediate bulk containers by reason Park, Hengshun Zhenjiang, China.
components thereof, that infringe the of infringement of certain trade dress, (c) The Office of Unfair Import
asserted claims of the ’455, ’296, and the threat or effect of which is to Investigations, U.S. International Trade
’934 patents and cease and desist orders substantially destroy or injure a Commission, 500 E Street SW., Suite
directed against MasterImage. The domestic industry. 401, Washington, DC 20436; and
Commission has determined the public The complainant requests that the (3) For the investigation so instituted,
interest factors enumerated in section Commission institute an investigation the Chief Administrative Law Judge,
337(d)(1) and (f)(1) do not preclude and, after the investigation, issue a U.S. International Trade Commission,
issuance of the limited exclusion order limited exclusion order and a cease and shall designate the presiding
or cease and desist orders. desist order. Administrative Law Judge.
In view of the PTAB’s Final Written ADDRESSES: The complaint, except for Responses to the complaint and the
Decision finding certain claims of the any confidential information contained notice of investigation must be
’934 patent unpatentable, the therein, is available for inspection submitted by the named respondent in
Commission has determined to suspend during official business hours (8:45 a.m. accordance with section 210.13 of the
sradovich on DSK3GMQ082PROD with NOTICES
the enforcement of the limited exclusion to 5:15 p.m.) in the Office of the Commission’s Rules of Practice and
order and cease and desist orders as to Secretary, U.S. International Trade Procedure, 19 CFR 210.13. Pursuant to
claims 1, 6, and 11 of the ’934 patent Commission, 500 E Street SW., Room 19 CFR 201.16(e) and 210.13(a), such
pending final resolution of the PTAB’s 112, Washington, DC 20436, telephone responses will be considered by the
Final Written Decision. See 35 U.S.C. (202) 205–2000. Hearing impaired Commission if received not later than 20
318(b). The Commission has also individuals are advised that information days after the date of service by the
determined to set a bond in the amount on this matter can be obtained by Commission of the complaint and the
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![49266 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices
notice of investigation. Extensions of of any applications on two grounds. GX requested a hearing nor submitted a
time for submitting responses to the 1, at 1. written statement in lieu of hearing. 21
complaint and the notice of First, the Show Cause Order alleged CFR 1301.43(b) & (c). Accordingly, I
investigation will not be granted unless that effective January 27, 2015, the find that Registrant has waived his right
good cause therefor is shown. Tennessee Nursing Board had to a hearing or to submit a written
Failure of the respondent to file a summarily suspended Registrant’s nurse statement and issue this Decision and
timely response to each allegation in the practitioner license. Id. at 2. The Order Order based on the evidence submitted
complaint and in this notice may be thus alleged that Registrant is currently by the Government. Id. § 1301.43(d) &
deemed to constitute a waiver of the without authority to dispense controlled (e). I make the following findings.
right to appear and contest the substances in the State in which he is
allegations of the complaint and this registered with the Agency and Findings
notice, and to authorize the therefore, his registration is subject to Registrant is the holder of DEA
administrative law judge and the revocation. Id. (citing 21 U.S.C. 802(21), Certificate of Registration MP3330545,
Commission, without further notice to 823(f), 824(a)(3)). pursuant to which he is authorized to
the respondent, to find the facts to be as Second, the Show Cause Order dispense controlled substances in
alleged in the complaint and this notice alleged that Registrant materially schedules II through V, as a mid-level
and to enter an initial determination falsified his October 7, 2014 application practitioner, at the registered address of
and a final determination containing for the above registration. Id. (citing 21 Hormone Replacement Specialists, 5550
such findings, and may result in the U.S.C. 824(a)(1)). More specifically, the Highway 153, Suite 103, Hixson,
issuance of an exclusion order or a cease Show Cause Order alleged that on Tennessee. GX 7, at 1. Registrant
and desist order or both directed against February 17, 2014, Registrant was renewed this registration on October 7,
the respondent. arrested by local authorities and charged 2014, at which time he was required to
Authority: The authority for institution of with the ‘‘unlawful possession of answer the following question: ‘‘Has the
this investigation is contained in section 337 marijuana.’’ Id. The Order then alleged applicant ever been convicted of a crime
of the Tariff Act of 1930, as amended, and that the charge was still pending at the in connection with controlled
in section 210.10 of the Commission’s Rules time Registrant submitted his renewal substance(s) under state or federal law,
of Practice and Procedure, 19 CFR 210.10 application, and that ‘‘[o]n this
(2016).
or been excluded or directed to be
application, [he] did not answer ‘yes’ to excluded from participation in a
By order of the Commission. the . . . liability question: ‘Has the medicare or state health care program,
Issued: July 22, 2016. applicant ever been convicted of a crime or any [sic] such action pending?’’ GX
Lisa R. Barton, in connection with controlled 6. Registrant entered ‘‘N’’ for no. Id.
Secretary to the Commission. substance(s) under state or federal law,
or is any action pending?’ ’’ Id. The On February 17, 2014, Registrant was
[FR Doc. 2016–17745 Filed 7–26–16; 8:45 am]
Government thus alleged that Registrant arrested by a member of the Sequatchie
BILLING CODE 7020–02–P
violated 21 U.S.C. 824(a)(1).2 County Sheriff’s Department and
The Show Cause Order also notified charged with felony possession of
Registrant of his right to request a marijuana, an offense under Tenn. Code
DEPARTMENT OF JUSTICE hearing on the allegations or to submit Ann. § 39–17–415. GX 5, at 1, 3, 6.
a written statement while waiving his According to a March 31, 2015 letter
Drug Enforcement Administration right to a hearing, the procedure for from the Clerk of the General Sessions
electing either option, and the Court of Sequatchie County, criminal
Geoffrey D. Peterson, N.P.; Decision charges were pending against Registrant
and Order consequence of failing to elect either
option. Id. at 2–3 (citing 21 CFR ‘‘as of October 31, 2014.’’ GX 8. The
On April 14, 2015, the Deputy 1301.43, 1301.46). On April 23, 2015, Clerk’s letter further states that the
Assistant Administrator, Office of the Show Cause Order was personally ‘‘[c]harges were expunged on 11/21/
Diversion Control, Drug Enforcement served on Registrant by a DEA Diversion 2014.’’ Id.
Administration, issued an Order to Investigator. GX 3. Registrant was also previously
Show Cause to Geoffrey D. Peterson, On April 7, 2016, the Government licensed by the Tennessee Board of
N.P. (hereinafter, Registrant), of Hixson, forwarded a Request for Final Agency Nursing (Board) as an advanced practice
Tennessee. The Show Cause Order Action. Therein, the Government nurse (APN) and held a Certificate of
proposed the revocation of Registrant’s represented that neither Registrant ‘‘nor Fitness to prescribe. GX 4, at 2.
DEA Certificate of Registration anyone representing him has requested However, on January 27, 2015, the
MP3330545,1 pursuant to which he is a hearing or sent any other Board ordered the summary suspension
authorized to dispense controlled correspondence to DEA.’’ Req. for Final of Registrant’s advance practice nurse
substances in schedules II through V, as Agency Action, at 7. Based on the license and Certificate of Fitness to
a mid-level practitioner, and the denial Government’s representation, I find that Prescribe. Id. at 7. The Board based its
30 days have now passed since the order on findings which included that
1 While Government also alleges that Registrant
Show Cause Order was served on on December 19, 2014, a search warrant
holds an additional registration (MP1971731) and was executed at Registrant’s residence
seeks its revocation as well, in its Request for Final
Registrant and that he has neither
Agency Action, the Government acknowledges that during which the search team found
this registration had expired shortly before the 2 While the Government contends that Registrant ‘‘prefilled syringes of morphine, vials of
issuance of the Show Cause Order. To ensure that violated section 824(a)(1), this provision is simply morphine, shopping bags full of used
sradovich on DSK3GMQ082PROD with NOTICES
Registrant did not file a renewal application for this a grant of authority to the Attorney General to
registration, I have taken official notice of revoke or suspend a registration and does not itself
needles, a bottle of prednisone, and a
Registrant’s registration record with the Agency. impose a substantive rule of conduct. Rather, the bottle of animal morphine,’’ and that
See 5 U.S.C. 556(e). That record shows that rule of conduct is imposed by 21 U.S.C. 843(a)(4)(A) ‘‘[t]he syringes of morphine are of
Registrant allowed this registration to expire and (‘‘It shall be unlawful for any person knowingly or unknown origin with no identifying
did not file an application to renew it whether intentionally . . . to furnish false or fraudulent
timely or not. Accordingly, I find that this material information in, or omit any material
prescription information.’’ Id. at 3. The
proceeding is moot insofar as it seeks the revocation information from, any application . . . filed under search team also found a pipe
of this registration. this subchapter[.]’’). containing marijuana residue. Id.
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Document Created: 2018-02-08 08:02:51
Document Modified: 2018-02-08 08:02:51
| 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 49265 |
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