82_FR_15292 82 FR 15235 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

82 FR 15235 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range15235-15236
FR Document2017-05936

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Thermoplastic- Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same, DN 3207; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

Federal Register, Volume 82 Issue 57 (Monday, March 27, 2017) 
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15235-15236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05936]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

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 received a complaint entitled Certain Thermoplastic-
Encapsulated Electric Motors, Components Thereof, and Products and 
Vehicles Containing Same, DN 3207; the Commission is soliciting 
comments on any public interest issues raised by the complaint or 
complainant's filing pursuant to the Commission's Rules of Practice and 
Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade 
Commission (USITC) at https://www.usitc.gov . The public record for 
this investigation may be viewed on the Commission's Electronic 
Document Information System (EDIS) at https://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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Intellectual Ventures II LLC 
on March 21, 2017. The complaint alleges violations of section 337 of 
the Tariff Act of 1930 (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 thermoplastic-encapsulated electric 
motors, components thereof, and products and vehicles containing same. 
The complaint names as respondents Aisin Seiki Co., Ltd. of Japan; 
Aisin Holdings of America, Inc. of Seymour, IN; Aisin Technical Center 
of America, Inc. of Northville, MI; Aisin World Corporation of America 
of Northville, MI; Bayerische Motoren Werke AG of Germany; BMW of North 
America, LLC of Woodcliff Lake, NJ; BMW Manufacturing Co., LLC of 
Greer, SC; Denso Corporation of Japan; Denso International America, 
Inc. of Southfield, MI; Honda Motor Co., Ltd. of Japan; Honda North 
America Inc. of Torrance, CA; American Honda Motor Co., Inc. of 
Torrance, CA; Honda of America Mfg., Inc. of Marysville, OH; Honda 
Manufacturing of Alabama, LLC of Lincoln, AL; Honda R & D Americas, 
Inc. of Torrance, CA; Mitsuba Corporation of Japan; American Mitsuba 
Corporation of Mount Pleasant, MI; Nidec Corporation of Japan; Nidec 
Automotive Motor Americas, LLC of Auburn Hills, MI; Toyota Motor 
Corporation of Japan; Toyota Motor North America, Inc. of New York, NY; 
Toyota Motor Sales, U.S.A., Inc. of Torrance, CA; Toyota Motor 
Engineering & Manufacturing of Erlanger, KY; Toyota Motor 
Manufacturing, Indiana, Inc. of Princeton, IN; and Toyota Motor 
Manufacturing, Kentucky, Inc. of Georgetown, KY. The complainant 
requests that the Commission issue a limited exclusion order, cease and 
desist orders and impose a bond upon respondents' alleged infringing 
articles during the 60-day Presidential review period pursuant to 19 
U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or Sec.  210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Sec.  210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3207'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \1\). Persons with

[[Page 15236]]

questions regarding filing should contact the Secretary (202-205-2000).
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
such requests should be directed to the Secretary to the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 201.6. Documents for which 
confidential treatment by the Commission is properly sought will be 
treated accordingly. All information, including confidential business 
information and documents for which confidential treatment is properly 
sought, submitted to the Commission for purposes of this Investigation 
may be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

     Issued: March 21, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-05936 Filed 3-24-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices 15235 the request to Edward J. DeCleva, (USITC) at https://www.usitc.gov . The to exceed five (5) pages in length, Regional Historic Preservation Officer, public record for this investigation may inclusive of attachments, on any public U.S. Fish and Wildlife Service, Alaska be viewed on the Commission’s interest issues raised by the complaint Region, 1011 East Tudor Road, MS–235, Electronic Document Information or § 210.8(b) filing. Comments should Anchorage, AK 99503, telephone (907) System (EDIS) at https://edis.usitc.gov. address whether issuance of the relief 786–3399, email Edward_decleva@ Hearing-impaired persons are advised specifically requested by the fws.gov, by April 26, 2017. After that that information on this matter can be complainant in this investigation would date, if no additional requestors have obtained by contacting the affect the public health and welfare in come forward, transfer of control of the Commission’s TDD terminal on (202) the United States, competitive human remains and associated funerary 205–1810. conditions in the United States objects to the Sun’aq Tribe of Kodiak SUPPLEMENTARY INFORMATION: The economy, the production of like or (previously listed as the Shoonaq’ Tribe Commission has received a complaint directly competitive articles in the of Kodiak) may proceed. and a submission pursuant to § 210.8(b) United States, or United States The Alaska Region USFWS is of the Commission’s Rules of Practice consumers. responsible for notifying the Sun’aq and Procedure filed on behalf of In particular, the Commission is Tribe of Kodiak (previously listed as the Intellectual Ventures II LLC on March interested in comments that: Shoonaq’ Tribe of Kodiak) that this 21, 2017. The complaint alleges (i) Explain how the articles notice has been published. violations of section 337 of the Tariff potentially subject to the requested Dated: February 15, 2017. Act of 1930 (19 U.S.C. 1337) in the remedial orders are used in the United Melanie O’Brien, importation into the United States, the States; Manager, National NAGPRA Program. sale for importation, and the sale within (ii) identify any public health, safety, [FR Doc. 2017–05981 Filed 3–24–17; 8:45 am] the United States after importation of or welfare concerns in the United States certain thermoplastic-encapsulated relating to the requested remedial BILLING CODE 4312–52–P electric motors, components thereof, orders; and products and vehicles containing (iii) identify like or directly same. The complaint names as competitive articles that complainant, INTERNATIONAL TRADE respondents Aisin Seiki Co., Ltd. of its licensees, or third parties make in the COMMISSION Japan; Aisin Holdings of America, Inc. United States which could replace the Notice of Receipt of Complaint; of Seymour, IN; Aisin Technical Center subject articles if they were to be Solicitation of Comments Relating to of America, Inc. of Northville, MI; Aisin excluded; the Public Interest World Corporation of America of (iv) indicate whether complainant, Northville, MI; Bayerische Motoren complainant’s licensees, and/or third AGENCY: U.S. International Trade Werke AG of Germany; BMW of North party suppliers have the capacity to Commission. America, LLC of Woodcliff Lake, NJ; replace the volume of articles ACTION: Notice. BMW Manufacturing Co., LLC of Greer, potentially subject to the requested SC; Denso Corporation of Japan; Denso exclusion order and/or a cease and SUMMARY: Notice is hereby given that International America, Inc. of desist order within a commercially the U.S. International Trade Southfield, MI; Honda Motor Co., Ltd. of reasonable time; and Commission has received a complaint Japan; Honda North America Inc. of (v) explain how the requested entitled Certain Thermoplastic- Torrance, CA; American Honda Motor remedial orders would impact United Encapsulated Electric Motors, Co., Inc. of Torrance, CA; Honda of States consumers. Components Thereof, and Products and America Mfg., Inc. of Marysville, OH; Written submissions must be filed no Vehicles Containing Same, DN 3207; the Honda Manufacturing of Alabama, LLC later than by close of business, eight Commission is soliciting comments on of Lincoln, AL; Honda R & D Americas, calendar days after the date of any public interest issues raised by the Inc. of Torrance, CA; Mitsuba publication of this notice in the Federal complaint or complainant’s filing Corporation of Japan; American Mitsuba Register. There will be further pursuant to the Commission’s Rules of Corporation of Mount Pleasant, MI; opportunities for comment on the Practice and Procedure. Nidec Corporation of Japan; Nidec public interest after the issuance of any FOR FURTHER INFORMATION CONTACT: Lisa Automotive Motor Americas, LLC of final initial determination in this R. Barton, Secretary to the Commission, Auburn Hills, MI; Toyota Motor investigation. U.S. International Trade Commission, Corporation of Japan; Toyota Motor Persons filing written submissions 500 E Street SW., Washington, DC North America, Inc. of New York, NY; must file the original document 20436, telephone (202) 205–2000. The Toyota Motor Sales, U.S.A., Inc. of electronically on or before the deadlines public version of the complaint can be Torrance, CA; Toyota Motor Engineering stated above and submit 8 true paper accessed on the Commission’s & Manufacturing of Erlanger, KY; copies to the Office of the Secretary by Electronic Document Information Toyota Motor Manufacturing, Indiana, noon the next day pursuant to § 210.4(f) System (EDIS) at https://edis.usitc.gov, Inc. of Princeton, IN; and Toyota Motor of the Commission’s Rules of Practice and will be available for inspection Manufacturing, Kentucky, Inc. of and Procedure (19 CFR 210.4(f)). during official business hours (8:45 a.m. Georgetown, KY. The complainant Submissions should refer to the docket to 5:15 p.m.) in the Office of the requests that the Commission issue a asabaliauskas on DSK3SPTVN1PROD with NOTICES number (‘‘Docket No. 3207’’) in a Secretary, U.S. International Trade limited exclusion order, cease and prominent place on the cover page and/ Commission, 500 E Street SW., desist orders and impose a bond upon or the first page. (See Handbook for Washington, DC 20436, telephone (202) respondents’ alleged infringing articles Electronic Filing Procedures, Electronic 205–2000. during the 60-day Presidential review Filing Procedures 1). Persons with General information concerning the period pursuant to 19 U.S.C. 1337(j). Commission may also be obtained by Proposed respondents, other 1 Handbook for Electronic Filing Procedures: accessing its Internet server at United interested parties, and members of the https://www.usitc.gov/documents/handbook_on_ States International Trade Commission public are invited to file comments, not filing_procedures.pdf. VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1

15236 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices questions regarding filing should INTERNATIONAL TRADE consumables, and software for use with contact the Secretary (202–205–2000). COMMISSION same by reason of infringement of Any person desiring to submit a certain claims of U.S. Patent No. [Investigation No. 337–TA–1032] document to the Commission in 9,404,146 (‘‘the ’146 patent’’). Id. at Certain Single-Molecule Nucleic Acid 88704. The notice of investigation confidence must request confidential Sequencing Systems and Reagents, named as respondents Oxford Nanopore treatment. All such requests should be Consumables, and Software for Use Technologies Ltd. of Oxford, United directed to the Secretary to the Kingdom; Oxford Nanopore Commission and must include a full With Same Commission Determination Not To Review an Initial Determination Technologies, Inc. of Cambridge, statement of the reasons why the Massachusetts; and Metrichor, Ltd. of Commission should grant such Granting an Unopposed Motion To Amend the Complaint and Notice of Oxford, United Kingdom (collectively, treatment. See 19 CFR 201.6. Documents ‘‘Respondents’’). Id. The Office of Unfair for which confidential treatment by the Investigation Import Investigations (‘‘OUII’’) also was Commission is properly sought will be AGENCY: U.S. International Trade named as a party to the investigation. Id. treated accordingly. All such requests Commission. On February 3, 2017, PacBio filed a should be directed to the Secretary to ACTION: Notice. motion to amend the complaint and the Commission and must include a full notice of investigation to add allegations statement of the reasons why the SUMMARY: Notice is hereby given that of violation of section 337 through the Commission should grant such the U.S. International Trade sale for importation, importation, or sale treatment. See 19 CFR 201.6. Documents Commission has determined not to after importation into the United States for which confidential treatment by the review an initial determination (‘‘ID’’) of articles that infringe claims 1 and 3– Commission is properly sought will be (Order No. 6) granting an unopposed 11 of U.S. Patent No. 9,542,527 (‘‘the treated accordingly. All information, motion to add allegations of violation of ’527 patent’’). Specifically, PacBio section 337 through the sale for sought to add allegations that including confidential business importation, importation, or sale after Respondents directly infringe, information and documents for which importation into the United States of contributorily infringe, and/or induce confidential treatment is properly the infringement of the asserted claims articles that infringe certain claims of sought, submitted to the Commission for of the ’527 patent. Respondents and U.S. Patent No. 9,542,527. purposes of this Investigation may be OUII did not oppose the motion. disclosed to and used: (i) By the FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the On February 21, 2017, the presiding Commission, its employees and Offices, administrative law judge (‘‘ALJ’’) issued and contract personnel (a) for General Counsel, U.S. International an ID, Order No. 6, granting the motion Trade Commission, 500 E Street SW., developing or maintaining the records to amend the complaint and notice of Washington, DC 20436, telephone 202– of this or a related proceeding, or (b) in investigation. The ALJ found good cause 205–3438. Copies of non-confidential internal investigations, audits, reviews, for the amendment. The ALJ found that documents filed in connection with this and evaluations relating to the PacBio could not have asserted the ’527 investigation are or will be available for programs, personnel, and operations of patent when it filed the original inspection during official business the Commission including under 5 complaint because the ’527 patent was hours (8:45 a.m. to 5:15 p.m.) in the U.S.C. Appendix 3; or (ii) by U.S. issued after institution of the Office of the Secretary, U.S. government employees and contract investigation, and that PacBio sought to International Trade Commission, add the allegations relating to the ’527 personnel,2 solely for cybersecurity 500 E Street SW., Washington, DC purposes. All nonconfidential written patent soon after its issuance. The ALJ 20436, telephone 202–205–2000. also found that the amendment would submissions will be available for public General information concerning the not prejudice the public interest or the inspection at the Office of the Secretary Commission may also be obtained by parties. The ALJ found that (1) the ’527 and on EDIS.3 accessing its Internet server (https:// patent involves the same technology as This action is taken under the www.usitc.gov). The public record for the ’146 patent; (2) the ’527 and ’146 authority of section 337 of the Tariff Act this investigation may be viewed on the patents are related, claim priority to the of 1930, as amended (19 U.S.C. 1337), Commission’s electronic docket (EDIS) same provisional application, name the and of §§ 201.10 and 210.8(c) of the at https://edis.usitc.gov. Hearing- same inventors, and share a Commission’s Rules of Practice and impaired persons are advised that substantially identical specification; and information on this matter can be (3) PacBio represents that the accused Procedure (19 CFR 201.10, 210.8(c)). obtained by contacting the products and domestic industry By order of the Commission. Commission’s TDD terminal on 202– products for the ’527 and ’146 patents Issued: March 21, 2017. 205–1810. are identical, obviating the need for Lisa R. Barton, SUPPLEMENTARY INFORMATION: The excessive additional discovery. The ALJ Secretary to the Commission. Commission instituted this investigation also found that the amendment was in [FR Doc. 2017–05936 Filed 3–24–17; 8:45 am] on December 8, 2016, based on a the public interest because litigating the complaint filed by Pacific Biosciences of ’527 and ’146 patents in separate BILLING CODE 7020–02–P California, Inc. of Menlo Park, California investigations would waste judicial and (‘‘PacBio’’). 81 FR 88703–04 (Dec. 8, asabaliauskas on DSK3SPTVN1PROD with NOTICES public resources. No petitions for 2016). The complaint alleges violations review of the ID were filed. of section 337 of the Tariff Act of 1930, The Commission has determined not as amended, 19 U.S.C. 1337, in the to review the subject ID. importation into the United States, the The authority for the Commission’s 2 All contract personnel will sign appropriate sale for importation, and the sale within determination is contained in section nondisclosure agreements. the United States after importation of 337 of the Tariff Act of 1930, as 3 Electronic Document Information System certain single-molecule nucleic acid amended (19 U.S.C. 1337), and in part (EDIS): https://edis.usitc.gov. sequencing systems and reagents, 210 of the Commission’s Rules of VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1


Document Created: 2017-03-25 00:21:10
Document Modified: 2017-03-25 00:21:10
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.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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.
FR Citation82 FR 15235 
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