81 FR 88703 - Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 236 (December 8, 2016)
Federal Register Volume 81, Issue 236 (December 8, 2016)
| Page Range | 88703-88704 | |
| FR Document | 2016-29403 |
[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)] [Notices] [Pages 88703-88704] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29403] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1032] Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same; 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 November 2, 2016, under section 337 of the Tariff Act of 1930, as amended, on [[Page 88704]] behalf of Pacific Biosciences of California, Inc. of Menlo Park, California. 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 single- molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same by reason of infringement of certain claims of U.S. Patent No. 9,404,146 (``the '146 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 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: 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). Scope of investigation: Having considered the complaint, the U.S. International Trade Commission, on December 2, 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 single- molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same by reason of infringement of one or more of claims 1, 5-7, 10, 14, 16-21, and 23-25 of the '146 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) 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: Pacific Biosciences of California, Inc., 1380 Willow Park Road, Menlo Park, CA 94025 (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: Oxford Nanopore Technologies Ltd., Edmund Cartwright House, 4 Robert Robinson Avenue, Oxford Science Park, Oxford, OX4 4GA, United Kingdom Oxford Nanopore Technologies, Inc., 1 Kendall Square, Building 200, Cambridge, MA 02139 Metrichor, Ltd., Edmund Cartwright House, 4 Robert Robinson Avenue, Oxford Science Park, Oxford, OX4 4GA, United Kingdom (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) 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. Issued: December 2, 2016. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-29403 Filed 12-7-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88703
public version of the complaint can be economy, the production of like or for which confidential treatment by the
accessed on the Commission’s directly competitive articles in the Commission is properly sought will be
Electronic Document Information United States, or United States treated accordingly. All such requests
System (EDIS) at https://edis.usitc.gov, consumers. should be directed to the Secretary to
and will be available for inspection In particular, the Commission is the Commission and must include a full
during official business hours (8:45 a.m. interested in comments that: statement of the reasons why the
to 5:15 p.m.) in the Office of the (i) Explain how the articles Commission should grant such
Secretary, U.S. International Trade potentially subject to the requested treatment. See 19 CFR 201.6. Documents
Commission, 500 E Street SW., remedial orders are used in the United for which confidential treatment by the
Washington, DC 20436, telephone (202) States; Commission is properly sought will be
205–2000. (ii) identify any public health, safety, treated accordingly. All information,
General information concerning the or welfare concerns in the United States including confidential business
Commission may also be obtained by relating to the requested remedial information and documents for which
accessing its Internet server at United orders; confidential treatment is properly
States International Trade Commission (iii) identify like or directly sought, submitted to the Commission for
(USITC) at https://www.usitc.gov. The competitive articles that complainant, purposes of this Investigation may be
public record for this investigation may its licensees, or third parties make in the disclosed to and used: (i) By the
be viewed on the Commission’s United States which could replace the Commission, its employees and Offices,
Electronic Document Information subject articles if they were to be and contract personnel (a) for
System (EDIS) at https://edis.usitc.gov. excluded; developing or maintaining the records
Hearing-impaired persons are advised (iv) indicate whether complainant, of this or a related proceeding, or (b) in
that information on this matter can be complainant’s licensees, and/or third internal investigations, audits, reviews,
obtained by contacting the party suppliers have the capacity to and evaluations relating to the
Commission’s TDD terminal on (202) replace the volume of articles programs, personnel, and operations of
205–1810. potentially subject to the requested the Commission including under 5
SUPPLEMENTARY INFORMATION: The
exclusion order and/or a cease and U.S.C. Appendix 3; or (ii) by U.S.
Commission has received a complaint desist order within a commercially government employees and contract
and a submission pursuant to § 210.8(b) reasonable time; and personnel,2 solely for cybersecurity
of the Commission’s Rules of Practice (v) explain how the requested purposes. All nonconfidential written
and Procedure filed on behalf of Flying remedial orders would impact United submissions will be available for public
Arrow Archery, LLC, Inc. on December States consumers. inspection at the Office of the Secretary
Written submissions must be filed no and on EDIS.3
2, 2016. The complaint alleges
later than by close of business, eight This action is taken under the
violations of section 337 of the Tariff
calendar days after the date of authority of section 337 of the Tariff Act
Act of 1930 (19 U.S.C. 1337) in the
publication of this notice in the Federal of 1930, as amended (19 U.S.C. 1337),
importation into the United States, the
Register. There will be further and of §§ 201.10 and 210.8(c) of the
sale for importation, and the sale within
opportunities for comment on the Commission’s Rules of Practice and
the United States after importation of
public interest after the issuance of any Procedure (19 CFR 201.10, 210.8(c)).
certain arrowheads with arcuate blades
final initial determination in this By order of the Commission.
and components thereof. The complaint
investigation. Dated: December 2, 2016.
names as respondents Alice of China;
Persons filing written submissions
Dongguan hong Song hardware alma iao Lisa R. Barton,
must file the original document
of China; Huntingsky of China; mengbao Secretary to the Commission.
electronically on or before the deadlines
of China; Jianfeng Mao of China; In-Sail [FR Doc. 2016–29396 Filed 12–7–16; 8:45 am]
stated above and submit 8 true paper
Sandum Precision Industry (China) Co.
copies to the Office of the Secretary by BILLING CODE 7020–02–P
Ltd. of China; Arthur Sifuentes of
noon the next day pursuant to § 210.4(f)
Spring, TX; Taotao (IT60) of China;
of the Commission’s Rules of Practice
Wanyuxue of China; Wei Ran of China; INTERNATIONAL TRADE
and Procedure (19 CFR 210.4(f)).
YanDong of China; and Zhou Yang of COMMISSION
Submissions should refer to the docket
China. The complainant requests that
number (‘‘Docket No. 3185’’) in a [Investigation No. 337–TA–1032]
the Commission issue a general
prominent place on the cover page and/
exclusion order, cease and desist orders Certain Single-Molecule Nucleic Acid
or the first page. (See Handbook for
and impose a bond upon respondents’ Sequencing Systems and Reagents,
Electronic Filing Procedures, Electronic
alleged infringing articles during the 60- Consumables, and Software for Use
Filing Procedures).1 Persons with
day Presidential review period pursuant With Same; Institution of Investigation
questions regarding filing should
to 19 U.S.C. 1337(j).
contact the Secretary (202–205–2000). AGENCY: U.S. International Trade
Proposed respondents, other
Any person desiring to submit a Commission.
interested parties, and members of the
document to the Commission in
public are invited to file comments, not ACTION: Notice.
confidence must request confidential
to exceed five (5) pages in length,
treatment. All such requests should be SUMMARY: Notice is hereby given that a
inclusive of attachments, on any public
directed to the Secretary to the complaint was filed with the U.S.
interest issues raised by the complaint
sradovich on DSK3GMQ082PROD with NOTICES
Commission and must include a full International Trade Commission on
or § 210.8(b) filing. Comments should
statement of the reasons why the November 2, 2016, under section 337 of
address whether issuance of the relief
Commission should grant such the Tariff Act of 1930, as amended, on
specifically requested by the
treatment. See 19 CFR 201.6. Documents
complainant in this investigation would 2 All contract personnel will sign appropriate
affect the public health and welfare in 1 Handbook for Electronic Filing Procedures: nondisclosure agreements.
the United States, competitive https://www.usitc.gov/documents/ 3 Electronic Document Information System
conditions in the United States handbook_on_filing_procedures.pdf. (EDIS): http://edis.usitc.gov.
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![88704 Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices
behalf of Pacific Biosciences of United States, the sale for importation, days after the date of service by the
California, Inc. of Menlo Park, or the sale within the United States after Commission of the complaint and the
California. The complaint alleges importation of certain single-molecule notice of investigation. Extensions of
violations of section 337 based upon the nucleic acid sequencing systems and time for submitting responses to the
importation into the United States, the reagents, consumables, and software for complaint and the notice of
sale for importation, and the sale within use with same by reason of infringement investigation will not be granted unless
the United States after importation of of one or more of claims 1, 5–7, 10, 14, good cause therefor is shown.
certain single-molecule nucleic acid 16–21, and 23–25 of the ’146 patent, and Failure of a respondent to file a timely
sequencing systems and reagents, whether an industry in the United response to each allegation in the
consumables, and software for use with States exists as required by subsection complaint and in this notice may be
same by reason of infringement of (a)(2) of section 337; deemed to constitute a waiver of the
certain claims of U.S. Patent No. (2) Pursuant to Commission Rule right to appear and contest the
9,404,146 (‘‘the ’146 patent’’). The 210.50(b)(1), 19 CFR 210.50(b)(1), the allegations of the complaint and this
complaint further alleges that an presiding administrative law judge shall notice, and to authorize the
industry in the United States exists as take evidence or other information and administrative law judge and the
required by subsection (a)(2) of section hear arguments from the parties and Commission, without further notice to
337. other interested persons with respect to the respondent, to find the facts to be as
The complainant requests that the the public interest in this investigation, alleged in the complaint and this notice
Commission institute an investigation as appropriate, and provide the and to enter an initial determination
and, after the investigation, issue a Commission with findings of fact and a and a final determination containing
limited exclusion order and cease and recommended determination on this such findings, and may result in the
desist orders. issue, which shall be limited to the issuance of an exclusion order or a cease
ADDRESSES: The complaint, except for statutory public interest factors set forth and desist order or both directed against
any confidential information contained in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); the respondent.
therein, is available for inspection (3) For the purpose of the Issued: December 2, 2016.
during official business hours (8:45 a.m. investigation so instituted, the following By order of the Commission.
to 5:15 p.m.) in the Office of the are hereby named as parties upon which Lisa R. Barton,
Secretary, U.S. International Trade this notice of investigation shall be Secretary to the Commission.
Commission, 500 E Street SW., Room served: [FR Doc. 2016–29403 Filed 12–7–16; 8:45 am]
112, Washington, DC 20436, telephone (a) The complainant is: BILLING CODE 7020–02–P
(202) 205–2000. Hearing impaired Pacific Biosciences of California, Inc.,
individuals are advised that information 1380 Willow Park Road, Menlo Park,
on this matter can be obtained by CA 94025 INTERNATIONAL TRADE
contacting the Commission’s TDD (b) The respondents are the following COMMISSION
terminal on (202) 205–1810. Persons entities alleged to be in violation of [Investigation Nos. 731–TA–1174–1175
with mobility impairments who will section 337, and are the parties upon (Review)]
need special assistance in gaining access which the complaint is to be served:
to the Commission should contact the Seamless Refined Copper Pipe and
Oxford Nanopore Technologies Ltd.,
Office of the Secretary at (202) 205– Tube From China and Mexico;
Edmund Cartwright House, 4 Robert
2000. General information concerning Determination
Robinson Avenue, Oxford Science
the Commission may also be obtained
Park, Oxford, OX4 4GA, United On the basis of the record 1 developed
by accessing its internet server at
Kingdom in these subject five-year reviews, the
https://www.usitc.gov. The public
record for this investigation may be Oxford Nanopore Technologies, Inc., 1 United States International Trade
viewed on the Commission’s electronic Kendall Square, Building 200, Commission (‘‘Commission’’)
docket (EDIS) at https://edis.usitc.gov. Cambridge, MA 02139 determines, pursuant to the Tariff Act of
FOR FURTHER INFORMATION CONTACT: The Metrichor, Ltd., Edmund Cartwright 1930 (‘‘the Act’’), that revocation of the
Office of Unfair Import Investigations, House, 4 Robert Robinson Avenue, antidumping duty orders on seamless
U.S. International Trade Commission, Oxford Science Park, Oxford, OX4 refined copper pipe and tube from
telephone (202) 205–2560. 4GA, United Kingdom China and Mexico would be likely to
(c) The Office of Unfair Import lead to continuation or recurrence of
SUPPLEMENTARY INFORMATION:
Investigations, U.S. International Trade material injury to an industry in the
Authority: The authority for
Commission, 500 E Street SW., Suite United States within a reasonably
institution of this investigation is
401, Washington, DC 20436; and foreseeable time.
contained in section 337 of the Tariff
Act of 1930, as amended, and in section (4) For the investigation so instituted, Background
210.10 of the Commission’s Rules of the Chief Administrative Law Judge,
The Commission, pursuant to section
Practice and Procedure, 19 CFR 210.10 U.S. International Trade Commission,
751(c) of the Act (19 U.S.C. 1675(c)),
(2016). shall designate the presiding
instituted these reviews on October 1,
Scope of investigation: Having Administrative Law Judge.
2015 (80 FR 59186) and determined on
considered the complaint, the U.S. Responses to the complaint and the
January 4, 2016 that it would conduct
notice of investigation must be
sradovich on DSK3GMQ082PROD with NOTICES
International Trade Commission, on full reviews (81 FR 1967, January 14,
December 2, 2016, ordered that— submitted by the named respondents in
2016). Notice of the scheduling of the
(1) Pursuant to subsection (b) of accordance with section 210.13 of the
Commission’s reviews and of a public
section 337 of the Tariff Act of 1930, as Commission’s Rules of Practice and
hearing to be held in connection
amended, an investigation be instituted Procedure, 19 CFR 210.13. Pursuant to
to determine whether there is a 19 CFR 201.16(e) and 210.13(a), such 1 The record is defined in sec. 207.2(f) of the
violation of subsection (a)(1)(B) of responses will be considered by the Commission’s Rules of Practice and Procedure (19
section 337 in the importation into the Commission if received not later than 20 CFR 207.2(f)).
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Document Created: 2016-12-08 00:27:00
Document Modified: 2016-12-08 00:27:00
| 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 88703 |
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