82 FR 17690 - Certain Intravascular Administration Sets and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range		17690-17691
FR Document		2017-07375

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 13, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Curlin Medical Inc. of East Aurora, New York; ZEVEX, Inc. of Salt Lake City, Utah; and Moog Inc. of East Aurora, New York. 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 intravascular administration sets and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,164,921 (``the '921 patent'') and U.S. Patent No. 6,371,732 (``the '732 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17690-17691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07375]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1048]


Certain Intravascular Administration Sets and Components Thereof 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 13, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Curlin Medical 
Inc. of East Aurora, New York; ZEVEX, Inc. of Salt Lake City, Utah; and 
Moog Inc. of East Aurora, New York. 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 intravascular administration sets and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
6,164,921 (``the '921 patent'') and U.S. Patent No. 6,371,732 (``the 
'732 patent''). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute.
    The complainants request 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 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.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 6, 2017, 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 
intravascular administration sets and components thereof by reason of 
infringement of one or more of claims 1-3 of the '732 patent and claims 
1-34 of the '921 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (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 complainants are:

Curlin Medical Inc., Seneca and Jamison Road, East Aurora, NY 14052.
ZEVEX, Inc., 4314 Zevex Park Lane, Salt Lake City, UT 84123.
Moog Inc., 400 Jamison Road, East Aurora, NY 14052.

    (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: Yangzhou WeiDeLi Trade Co., Ltd., No.

[[Page 17691]]

287, Yangzijiang M. Rd., Yangzhou, China 225009.
    (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 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.

    By order of the Commission.

    Issued: April 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07375 Filed 4-11-17; 8:45 am]
 BILLING CODE 7020-02-P

17690 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

requirement under section 337(a)(3)(C) value of the covered products to permit to 5:15 p.m.) in the Office of the
with respect to all asserted patents and temporary importation during the Secretary, U.S. International Trade
the asserted trademark. See 81 FR period of Presidential review (19 U.S.C. Commission, 500 E Street SW., Room
70702–04 (Oct. 13, 2016). The 1337(j)). The Commission’s orders and 112, Washington, DC 20436, telephone
Commission determined not to review opinion were delivered to the President (202) 205–2000. Hearing impaired
the remainder of the ID. The and to the United States Trade individuals are advised that information
Commission also requested written Representative on the day of their on this matter can be obtained by
submissions on the issues of remedy, issuance. The Commission has contacting the Commission’s TDD
the public interest, and bonding from terminated the investigation. terminal on (202) 205–1810. Persons
the parties and interested non-parties The authority for the Commission’s with mobility impairments who will
including specific questions directed to determination is contained in section need special assistance in gaining access
the parties regarding any request for 337 of the Tariff Act of 1930, as to the Commission should contact the
cease and desist orders directed against amended, 19 U.S.C. 1337, and in part Office of the Secretary at (202) 205–
one or more defaulting respondents. Id. 210 of the Commission’s Rules of 2000. General information concerning
On October 20 and 27, 2016, Practice and Procedure, 19 CFR part the Commission may also be obtained
respectively, complainants and OUII 210. by accessing its internet server at
each filed a brief and a reply brief By order of the Commission. https://www.usitc.gov. The public
regarding remedy, the public interest, record for this investigation may be
Issued: April 6, 2017.
and bonding. viewed on the Commission’s electronic
The Commission has made its Lisa R. Barton,
docket (EDIS) at https://edis.usitc.gov.
determination on the issues of remedy, Secretary to the Commission.
FOR FURTHER INFORMATION CONTACT: The
the public interest, and bonding. The [FR Doc. 2017–07321 Filed 4–11–17; 8:45 am]
Office of Unfair Import Investigations,
Commission has determined that the BILLING CODE 7020–02–P
U.S. International Trade Commission,
appropriate form of relief is both: (1) A
telephone (202) 205–2560.
general exclusion order prohibiting the Authority: The authority for
unlicensed entry of arrowheads with INTERNATIONAL TRADE
COMMISSION institution of this investigation is
deploying blades and components contained in section 337 of the Tariff
thereof and packaging therefor that [Investigation No. 337–TA–1048] Act of 1930, as amended, 19 U.S.C. 1337
infringe one or more of: Claims 38, 42,
and in section 210.10 of the
48, 68, and 75 of the ’144 patent; claim Certain Intravascular Administration Commission’s Rules of Practice and
1 of the ’454 patent; claim 1 the ’176 Sets and Components Thereof Procedure, 19 CFR 210.10 (2017).
patent; claim 1 the ’141 patent; claim 1 Institution of Investigation Scope of Investigation: Having
of the ’806 patent; claim 1 of the ’298
AGENCY: U.S. International Trade considered the complaint, the U.S.
patent; the D’962 patent; the D’489
Commission. International Trade Commission, on
patent; and the RAGE mark; and (2) a
ACTION: Notice.
April 6, 2017, Ordered that—
cease and desist order prohibiting
(1) Pursuant to subsection (b) of
Zowaysoon Trading from conducting
SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as
any of the following activities in the
complaint was filed with the U.S. amended, an investigation be instituted
United States: Importing, selling,
International Trade Commission on to determine whether there is a
marketing (including via the internet or
March 13, 2017, under section 337 of violation of subsection (a)(1)(B) of
electronic mail), advertising (including
the Tariff Act of 1930, as amended, on section 337 in the importation into the
via the internet or electronic mail),
behalf of Curlin Medical Inc. of East United States, the sale for importation,
distributing, offering for sale (including
Aurora, New York; ZEVEX, Inc. of Salt or the sale within the United States after
via the internet or electronic mail),
Lake City, Utah; and Moog Inc. of East importation of certain intravascular
transferring (except for exportation), and
soliciting U.S. agents or distributors for, Aurora, New York. The complaint administration sets and components
arrowheads with deploying blades and alleges violations of section 337 based thereof by reason of infringement of one
components thereof and packaging upon the importation into the United or more of claims 1–3 of the ’732 patent
therefor that infringe one or more of States, the sale for importation, and the and claims 1–34 of the ’921 patent, and
claims 38, 42, 48, 68, and 75 of the ’144 sale within the United States after whether an industry in the United
patent; claim 1 of the ’454 patent; claim importation of certain intravascular States exists as required by subsection
1 of the ’298 patent; and the RAGE administration sets and components (a)(2) of section 337;
mark. Chairman Schmidtlein and thereof by reason of infringement of (2) For the purpose of the
Commissioner Kieff disagree with the certain claims of U.S. Patent No. investigation so instituted, the following
Commission’s decision not to issue 6,164,921 (‘‘the ’921 patent’’) and U.S. are hereby named as parties upon which
cease and desist orders against all of the Patent No. 6,371,732 (‘‘the ’732 patent’’). this notice of investigation shall be
defaulting respondents under section The complaint further alleges that an served:
337(g)(1), and Chairman Schmidtlein industry in the United States exists as (a) The complainants are:
has filed a dissenting opinion required by the applicable Federal Curlin Medical Inc., Seneca and Jamison
explaining her views. Statute. Road, East Aurora, NY 14052.
The Commission further determined The complainants request that the ZEVEX, Inc., 4314 Zevex Park Lane, Salt
that the public interest factors Commission institute an investigation Lake City, UT 84123.
mstockstill on DSK30JT082PROD with NOTICES

enumerated in sections 337(d)(1) and and, after the investigation, issue a Moog Inc., 400 Jamison Road, East
(g)(1) (19 U.S.C. 1337(d)(1), (g)(1)) do limited exclusion order and a cease and Aurora, NY 14052.
not preclude issuance of the general desist order. (b) The respondent is the following
exclusion order or the cease and desist ADDRESSES: The complaint, except for entity alleged to be in violation of
order. Finally, the Commission any confidential information contained section 337, and is the party upon
determined that there shall be a bond in therein, is available for inspection which the complaint is to be served:
the amount of 100 percent of the entered during official business hours (8:45 a.m. Yangzhou WeiDeLi Trade Co., Ltd., No.

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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17691

287, Yangzijiang M. Rd., Yangzhou, 731–TA–1330 (Final) pursuant to the determination by the Department of
China 225009. Tariff Act of 1930 (‘‘the Act’’) to Commerce that imports of dioctyl
(c) The Office of Unfair Import determine whether an industry in the terephthalate (DOTP) from Korea are
Investigations, U.S. International Trade United States is materially injured or being sold in the United States at less
Commission, 500 E Street SW., Suite threatened with material injury, or the than fair value within the meaning of
401, Washington, DC 20436; and establishment of an industry in the section 733 of the Act (19 U.S.C. 1673b).
(3) For the investigation so instituted, United States is materially retarded, by The investigation was requested in a
the Chief Administrative Law Judge, reason of imports of dioctyl petition filed on June 30, 2016, by
U.S. International Trade Commission, terephthalate (DOTP) from Korea, Eastman Chemical Company, Kingsport,
shall designate the presiding provided for in subheading 2917.39.20 Tennessee.
Administrative Law Judge. of the Harmonized Tariff Schedule of For further information concerning
Responses to the complaint and the the United States, preliminarily the conduct of this phase of the
notice of investigation must be determined by the Department of investigation, hearing procedures, and
submitted by the named respondent in Commerce to be sold at less-than-fair- rules of general application, consult the
accordance with section 210.13 of the value. Commission’s Rules of Practice and
Commission’s Rules of Practice and DATES: Effective February 3, 2017.
Procedure, part 201, subparts A and B
Procedure, 19 CFR 210.13. Pursuant to (19 CFR part 201), and part 207,
FOR FURTHER INFORMATION CONTACT:
19 CFR 201.16(e) and 210.13(a), such subparts A and C (19 CFR part 207).
Porscha Stiger (202–205–3241), Office of Participation in the investigation and
responses will be considered by the Investigations, U.S. International Trade
Commission if received not later than 20 public service list.—Persons, including
Commission, 500 E Street SW., industrial users of the subject
days after the date of service by the Washington, DC 20436. Hearing-
Commission of the complaint and the merchandise and, if the merchandise is
impaired persons can obtain sold at the retail level, representative
notice of investigation. Extensions of information on this matter by contacting
time for submitting responses to the consumer organizations, wishing to
the Commission’s TDD terminal on 202– participate in the final phase of this
complaint and the notice of 205–1810. Persons with mobility
investigation will not be granted unless investigation as parties must file an
impairments who will need special entry of appearance with the Secretary
good cause therefor is shown. assistance in gaining access to the
Failure of the respondent to file a to the Commission, as provided in
Commission should contact the Office section 201.11 of the Commission’s
timely response to each allegation in the of the Secretary at 202–205–2000.
complaint and in this notice may be rules, no later than 21 days prior to the
General information concerning the hearing date specified in this notice. A
deemed to constitute a waiver of the Commission may also be obtained by
right to appear and contest the party that filed a notice of appearance
accessing its Internet server (https:// during the preliminary phase of the
allegations of the complaint and this www.usitc.gov). The public record for
notice, and to authorize the investigation need not file an additional
this investigation may be viewed on the notice of appearance during this final
administrative law judge and the Commission’s electronic docket (EDIS)
Commission, without further notice to phase. The Secretary will maintain a
at https://edis.usitc.gov. public service list containing the names
the respondent, to find the facts to be as
SUPPLEMENTARY INFORMATION: and addresses of all persons, or their
alleged in the complaint and this notice Background.—The final phase of this
and to enter an initial determination representatives, who are parties to the
investigation 1 is being scheduled, investigation.
and a final determination containing pursuant to section 735(b) of the Tariff Limited disclosure of business
such findings, and may result in the Act of 1930 (19 U.S.C. 1673d(b)), as a proprietary information (BPI) under an
issuance of an exclusion order or a cease result of an affirmative preliminary administrative protective order (APO)
and desist order or both directed against
and BPI service list.—Pursuant to
the respondent. 1 For purposes of this investigation, the
section 207.7(a) of the Commission’s
By order of the Commission. Department of Commerce has defined the subject rules, the Secretary will make BPI
merchandise as dioctyl terephthalate (‘‘DOTP’’),
Issued: April 7, 2017. regardless of form. DOTP that has been blended gathered in the final phase of this
Lisa R. Barton, with other products is included within this scope investigation available to authorized
Secretary to the Commission. when such blends include constituent parts that applicants under the APO issued in the
have not been chemically reacted with each other investigation, provided that the
[FR Doc. 2017–07375 Filed 4–11–17; 8:45 am] to produce a different product. For such blends,
BILLING CODE 7020–02–P only the DOTP component of the mixture is covered application is made no later than 21
by the scope of this investigation. DOTP that is days prior to the hearing date specified
otherwise subject to this investigation is not in this notice. Authorized applicants
excluded when commingled with DOTP from must represent interested parties, as
INTERNATIONAL TRADE sources not subject to this investigation.
COMMISSION Commingled refers to the mixing of subject and defined by 19 U.S.C. 1677(9), who are
nonsubject DOTP. Only the subject component of parties to the investigation. A party
[Investigation No. 731–TA–1330 (Final)] such commingled products is covered by the scope granted access to BPI in the preliminary
of the investigation. DOTP has the general chemical phase of the investigation need not
Dioctyl Terephthalate (DOTP) From formulation C6H4(C8H17COO)2 and a chemical name
of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a reapply for such access. A separate
Korea; Correction; Scheduling of the
Chemical Abstract Service (‘‘CAS’’) registry number service list will be maintained by the
Final Phase of an Antidumping Duty of 6422–86–2. Regardless of the label, all DOTP is Secretary for those parties authorized to
Investigation covered by this investigation. Subject merchandise receive BPI under the APO.
mstockstill on DSK30JT082PROD with NOTICES

is currently classified under subheading
AGENCY: United States International 2917.39.2000 of the Harmonized Tariff Schedule of
Staff report.—The prehearing staff
Trade Commission. the United States (‘‘HTSUS’’). Subject merchandise report in the final phase of this
ACTION: Corrected notice. may also enter under subheadings 2917.39.7000 or investigation will be placed in the
3812.20.1000 of the HTSUS. While the CAS registry nonpublic record on May 18, 2017, and
number and HTSUS classification are provided for
SUMMARY: The Commission hereby gives convenience and customs purposes, the written
a public version will be issued
notice of the scheduling of the final description of the scope of this investigation is thereafter, pursuant to section 207.22 of
phase of antidumping investigation No. dispositive. the Commission’s rules.

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Document Created: 2017-04-12 00:22:51
Document Modified: 2017-04-12 00:22:51

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		82 FR 17690