81 FR 6041 - Certain Variable Valve Actuation Devices and Automobiles Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 23 (February 4, 2016)

Page Range		6041-6042
FR Document		2016-02018

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 16) terminating the above-captioned investigation. The Commission has determined to terminate the investigation.

Federal Register, Volume 81 Issue 23 (Thursday, February 4, 2016)

[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6041-6042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02018]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-954]


Certain Variable Valve Actuation Devices and Automobiles 
Containing the Same; Commission Determination Not To Review an Initial 
Determination Terminating the Investigation; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 16) 
terminating the above-captioned investigation. The Commission has 
determined to terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 
on April 14, 2015, based on an amended complaint filed by Jacobs 
Vehicle Systems, Inc. of Bloomfield, Connecticut. 80 FR 20012 (Apr. 14, 
2015). The complaint alleged violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of 
certain claims of U.S. Patent Nos.: 6,474,277; 6,883,492 (``the '492 
patent''); 5,829,397 (``the '397

[[Page 6042]]

patent''); 8,776,738; 8,820,276 (``the '276 patent''); and 7,059,282 
(``the '282 patent''). The complaint further alleged that a domestic 
industry exists or is in the process of being established. The 
Commission's Notice of Investigation named the following respondents: 
Fiat Chrysler Automobiles N.V. (``Fiat'') of Slough, United Kingdom; 
FCA US LLC of Auburn Hills, Michigan; FCA Mexico, S.A. de C.V. of Sante 
Fe, Mexico; FCA Melfi S.p.A. of Melfi, Italy; and FCA Serbia d.o.o. 
Kragujevac of Kragujevac, Serbia. The Office of Unfair Import 
Investigations is not participating in the investigation. Respondent 
Fiat and the following patents and patent claims were later terminated 
from the investigation: (1) The '397 patent (ALJ's Order No. 6, 
unreviewed, Comm'n Notice Aug. 18, 2015); (2) the '492 patent (ALJ's 
Order No. 8, unreviewed, Comm'n Notice Oct. 26, 2015); (3) Claims 3, 5, 
13-16, 18-19, 22, 35-36, 38-44, 46-48, 50, and 54-56 of the '738 
patent; claims 1-5, 7, 10, 19-23, and 26-28 of the '276 patent; and 
Fiat (see ALJ's Order No. 13, unreviewed, Comm'n Notice Dec. 21, 2015); 
and (4) the '282 patent (see ALJ's Order No. 15, unreviewed, Comm'n 
Notice Jan. 29, 2016).
    On January 6, 2016, complainant moved for termination of the 
investigation based on withdrawal of the complaint. No party opposed 
the motion.
    On January 7, 2016, the ALJ issued the subject ID (Order No. 16) 
granting complainant's motion and finding that the motion for 
termination satisfies Commission Rule 210.21(a)(1) and that no 
``extraordinary circumstances'' exist that would preclude granting the 
motion. No party petitioned for review of the ID.
    The Commission has determined not to review the ID and the 
Commission has terminated the investigation.
    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.

    Dated: January 29, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-02018 Filed 2-3-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Notices 6041

U.S. Services Trade is now available requirements in section 201.6 of the Issued: January 29, 2016.
online at http://www.usitc.gov. Commission’s Rules of Practice and Lisa R. Barton,
The initial notice of institution of this Procedure (19 CFR 201.6). Section 201.6 Secretary to the Commission.
investigation was published in the of the rules requires that the cover of the [FR Doc. 2016–02012 Filed 2–3–16; 8:45 am]
Federal Register on September 8, 1993 document and the individual pages be BILLING CODE 7020–02–P
(58 FR 47287) and provided for what is clearly marked as to whether they are
now the report on merchandise trade. confidential or non-confidential, and
The Commission expanded the scope of that the confidential business INTERNATIONAL TRADE
the investigation to cover services trade COMMISSION
information be clearly identified by
in a separate report, which it announced
means of brackets. All written [Investigation No. 337–TA–954]
in a notice published in the Federal
Register on December 28, 1994 (59 FR submissions, except for confidential
66974). The separate report on services business information, will be made Certain Variable Valve Actuation
trade has been published annually since available for inspection by interested Devices and Automobiles Containing
1996, except in 2005. As in past years, parties. the Same; Commission Determination
the report will summarize trade in Not To Review an Initial Determination
The Commission intends to prepare
services in the aggregate and provide Terminating the Investigation;
only a public report in this
analyses of trends and developments in Termination of the Investigation
investigation. The report that the
selected services industries during the Commission makes available to the AGENCY: U.S. International Trade
latest period for which data are public will not contain confidential Commission.
published by the U.S. Department of business information. However, all ACTION: Notice.
Commerce, Bureau of Economic information, including confidential
Analysis. As indicated above, the 2016 business information, submitted in this SUMMARY: Notice is hereby given that
report will focus on trade in financial the U.S. International Trade
investigation may be disclosed to and
services (banking, insurance, and Commission has determined not to
used: (i) By the Commission, its
securities services). review the presiding administrative law
Written Submissions: Interested employees and Offices, and contract
personnel (a) for developing or judge’s (‘‘ALJ’’) initial determination
parties are invited to file written (‘‘ID’’) (Order No. 16) terminating the
submissions and other information maintaining the records of this or a
above-captioned investigation. The
concerning the matters to be addressed related proceeding, or (b) in internal
Commission has determined to
by the Commission in its 2016 report. investigations, audits, reviews, and terminate the investigation.
For the 2016 report, the Commission is evaluations relating to the programs,
FOR FURTHER INFORMATION CONTACT:
particularly interested in receiving personnel, and operations of the
Clint Gerdine, Office of the General
information relating to trade in financial Commission including under 5 U.S.C.
Counsel, U.S. International Trade
services (banking, insurance, and Appendix 3; or (ii) by U.S. government Commission, 500 E Street SW.,
securities services). Submissions should employees and contract personnel Washington, DC 20436, telephone (202)
be addressed to the Secretary. To be solely for cybersecurity purposes. The 708–2310. Copies of non-confidential
assured of consideration by the Commission will not otherwise disclose documents filed in connection with this
Commission, written submissions any confidential business information in investigation are or will be available for
related to the Commission’s report a manner that would reveal the
should be submitted at the earliest inspection during official business
operations of the firm supplying the hours (8:45 a.m. to 5:15 p.m.) in the
practical date and should be received information.
not later than 5:15 p.m., March 30, 2016. Office of the Secretary, U.S.
All written submissions must conform Summaries of Written Submissions: International Trade Commission, 500 E
with the provisions of section 201.8 of The Commission intends to publish Street SW., Washington, DC 20436,
the Commission’s Rules of Practice and summaries of the positions of interested telephone (202) 205–2000. General
Procedure (19 CFR 201.8). Section 201.8 persons in this report. If you wish to information concerning the Commission
and the Commission’s Handbook on have a summary of your position may also be obtained by accessing its
Filing Procedures require that interested included in an appendix of the report, Internet server at http://www.usitc.gov.
parties file documents electronically on please include a summary with your The public record for this investigation
or before the filing deadline and submit written submission. The summary may may be viewed on the Commission’s
eight (8) true paper copies by 12:00 p.m. electronic docket (EDIS) at http://
not exceed 500 words, should be in
eastern time on the next business day. edis.usitc.gov. Hearing-impaired
MSWord format or a format that can be
In the event that confidential treatment persons are advised that information on
easily converted to MSWord, and this matter can be obtained by
of a document is requested, interested should not include any confidential
parties must file, at the same time as the contacting the Commission’s TDD
business information. The summary will terminal on (202) 205–1810.
eight paper copies, at least four (4) be published as provided if it meets
additional true paper copies in which SUPPLEMENTARY INFORMATION: The
these requirements and is germane to
the confidential information must be Commission instituted this investigation
the subject matter of the investigation. on April 14, 2015, based on an amended
deleted (see the paragraph below for
In the report the Commission will complaint filed by Jacobs Vehicle
further information regarding
asabaliauskas on DSK5VPTVN1PROD with NOTICES

confidential business information). identify the name of the organization Systems, Inc. of Bloomfield,
Persons with questions regarding furnishing the summary, and will Connecticut. 80 FR 20012 (Apr. 14,
electronic filing should contact the include a link to the Commission’s 2015). The complaint alleged violations
Office of the Secretary, Docket Services Electronic Document Information of section 337 of the Tariff Act of 1930,
Division (202–205–1802). System (EDIS) where the full written as amended, 19 U.S.C. 1337, by reason
Any submissions that contain submission can be found. of infringement of certain claims of U.S.
confidential business information (CBI) By order of the Commission. Patent Nos.: 6,474,277; 6,883,492 (‘‘the
must also conform with the ’492 patent’’); 5,829,397 (‘‘the ’397

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6042 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Notices

patent’’); 8,776,738; 8,820,276 (‘‘the ’276 INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION:
patent’’); and 7,059,282 (‘‘the ’282 COMMISSION Background. These investigations are
patent’’). The complaint further alleged being instituted, pursuant to sections
[Investigation Nos. 701–TA–556 and 731– 703(a) and 733(a) of the Tariff Act of
that a domestic industry exists or is in TA–1311 (Preliminary)]
the process of being established. The 1930 (19 U.S.C. 1671b(a) and 1673b(a)),
Commission’s Notice of Investigation Truck and Bus Tires From China; in response to a petition filed on
named the following respondents: Fiat Institution of Antidumping and January 29, 2016, by United Steel, Paper
Chrysler Automobiles N.V. (‘‘Fiat’’) of Countervailing Duty Investigations and and Forestry, Rubber, Manufacturing,
Scheduling of Preliminary Phase Energy, Allied Industrial and Service
Slough, United Kingdom; FCA US LLC
Investigations Workers International Union, Pittsburg,
of Auburn Hills, Michigan; FCA Mexico,
PA.
S.A. de C.V. of Sante Fe, Mexico; FCA For further information concerning
AGENCY: United States International
Melfi S.p.A. of Melfi, Italy; and FCA Trade Commission. the conduct of these investigations and
Serbia d.o.o. Kragujevac of Kragujevac, rules of general application, consult the
ACTION: Notice.
Serbia. The Office of Unfair Import Commission’s Rules of Practice and
Investigations is not participating in the SUMMARY: The Commission hereby gives Procedure, part 201, subparts A and B
investigation. Respondent Fiat and the notice of the institution of investigations (19 CFR part 201), and part 207,
following patents and patent claims and commencement of preliminary subparts A and B (19 CFR part 207).
were later terminated from the phase antidumping and countervailing Participation in the investigation and
investigation: (1) The ’397 patent (ALJ’s duty investigation Nos. 701–TA–556 public service list. Persons (other than
Order No. 6, unreviewed, Comm’n and 731–TA–1311 (Preliminary) petitioners) wishing to participate in the
Notice Aug. 18, 2015); (2) the ’492 pursuant to the Tariff Act of 1930 (‘‘the investigations as parties must file an
patent (ALJ’s Order No. 8, unreviewed, Act’’) to determine whether there is a entry of appearance with the Secretary
Comm’n Notice Oct. 26, 2015); (3) reasonable indication that an industry to the Commission, as provided in
Claims 3, 5, 13–16, 18–19, 22, 35–36, in the United States is materially sections 201.11 and 207.10 of the
38–44, 46–48, 50, and 54–56 of the ’738 injured or threatened with material Commission’s rules, not later than seven
injury, or the establishment of an days after publication of this notice in
patent; claims 1–5, 7, 10, 19–23, and
industry in the United States is the Federal Register. Industrial users
26–28 of the ’276 patent; and Fiat (see
materially retarded, by reason of and (if the merchandise under
ALJ’s Order No. 13, unreviewed, investigation is sold at the retail level)
Comm’n Notice Dec. 21, 2015); and (4) imports of truck and bus tires from
China, provided for in statistical representative consumer organizations
the ’282 patent (see ALJ’s Order No. 15, have the right to appear as parties in
unreviewed, Comm’n Notice Jan. 29, reporting numbers 4011.20.1015 and
4011.20.5020 of the Harmonized Tariff Commission antidumping duty and
2016). countervailing duty investigations. The
Schedule of the United States, that are
On January 6, 2016, complainant alleged to be sold in the United States Secretary will prepare a public service
moved for termination of the at less than fair value and alleged to be list containing the names and addresses
investigation based on withdrawal of subsidized by the Government of China. of all persons, or their representatives,
the complaint. No party opposed the Unless the Department of Commerce who are parties to these investigations
motion. extends the time for initiation, the upon the expiration of the period for
Commission must reach a preliminary filing entries of appearance.
On January 7, 2016, the ALJ issued Limited disclosure of business
the subject ID (Order No. 16) granting determination in antidumping and
proprietary information (BPI) under an
complainant’s motion and finding that countervailing duty investigations in 45
administrative protective order (APO)
the motion for termination satisfies days, or in this case by March 14, 2016.
and BPI service list. Pursuant to section
Commission Rule 210.21(a)(1) and that The Commission’s views must be
207.7(a) of the Commission’s rules, the
transmitted to Commerce within five
no ‘‘extraordinary circumstances’’ exist Secretary will make BPI gathered in
business days thereafter, or by March
that would preclude granting the these investigations available to
21, 2016.
motion. No party petitioned for review authorized applicants representing
DATES: Effective Date: January 29, 2016. interested parties (as defined in 19
of the ID.
FOR FURTHER INFORMATION CONTACT: U.S.C. 1677(9)) who are parties to the
The Commission has determined not
Nathanael N. Comly, 202–205–3174, investigations under the APO issued in
to review the ID and the Commission
Office of Investigations, U.S. the investigations, provided that the
has terminated the investigation. International Trade Commission, 500 E application is made not later than seven
The authority for the Commission’s Street SW., Washington, DC 20436. days after the publication of this notice
determination is contained in section Hearing-impaired persons can obtain in the Federal Register. A separate
337 of the Tariff Act of 1930, as information on this matter by contacting service list will be maintained by the
amended (19 U.S.C. 1337), and in part the Commission’s TDD terminal on 202– Secretary for those parties authorized to
210 of the Commission’s Rules of 205–1810. Persons with mobility receive BPI under the APO.
Practice and Procedure (19 CFR part impairments who will need special Conference. The Commission’s
210). assistance in gaining access to the Director of Investigations has scheduled
Commission should contact the Office a conference in connection with these
asabaliauskas on DSK5VPTVN1PROD with NOTICES

By order of the Commission.
of the Secretary at 202–205–2000. investigations for 9:30 a.m. on February
Dated: January 29, 2016. General information concerning the 19, 2016, at the U.S. International Trade
Lisa R. Barton, Commission may also be obtained by Commission Building, 500 E Street SW.,
Secretary to the Commission. accessing its Internet server (http:// Washington, DC. Requests to appear at
[FR Doc. 2016–02018 Filed 2–3–16; 8:45 am] www.usitc.gov). The public record for the conference should be emailed to
BILLING CODE 7020–02–P
this investigation may be viewed on the William.bishop@usitc.gov and
Commission’s electronic docket (EDIS) Sharon.bellamy@usitc.gov (do not file
at http://edis.usitc.gov. on EDIS) on or before February 17, 2016.

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Document Created: 2016-02-04 00:31:22
Document Modified: 2016-02-04 00:31:22

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		Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. 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 6041