82 FR 20633 - Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 84 (May 3, 2017)

Page Range		20633-20634
FR Document		2017-08923

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 21, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Intellectual Ventures II LLC of Bellevue, Washington. 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 thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same by reason of infringement of certain claims of U.S. Patent No. 7,154,200 (``the '200 patent''); U.S. Patent No. 7,067,944 (``the '944 patent''); U.S. Patent No. 7,067,952 (``the '952 patent''); U.S. Patent No. 7,683,509 (``the '509 patent''); and U.S. Patent No. 7,928,348 (``the '348 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 84 (Wednesday, May 3, 2017)

[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Notices]
[Pages 20633-20634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08923]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1052]


Certain Thermoplastic-Encapsulated Electric Motors, Components 
Thereof, and Products and Vehicles Containing Same 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 21, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Intellectual 
Ventures II LLC of Bellevue, Washington. 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 thermoplastic-encapsulated electric 
motors, components thereof, and products and vehicles containing same 
by reason of infringement of certain claims of U.S. Patent No. 
7,154,200 (``the '200 patent''); U.S. Patent No. 7,067,944 (``the '944 
patent''); U.S. Patent No. 7,067,952 (``the '952 patent''); U.S. Patent 
No. 7,683,509 (``the '509 patent''); and U.S. Patent No. 7,928,348 
(``the '348 patent''). The complaint further alleges that an industry 
in the United States exists or is in the process of being established 
as required by the applicable Federal Statute.
    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.
    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 26, 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 
thermoplastic-encapsulated electric motors, components thereof, and 
products and vehicles containing same by reason of infringement of one 
or more of claims 1-2 and 4-7 of the '200 patent; claims 24-27 of the 
'348 patent; claims 1-2 and 14-15 of the '509 patent; claims 3, 9, 11 
of the '944 patent; claims 10 and 12 of the '952 patent, and whether an 
industry in the United States exists or is in the process of being 
established 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: Intellectual Ventures II LLC, 3150 139th 
Avenue SE., Building 4, Bellevue, WA 98005.
    (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:

Aisin Seiki Co., Ltd., 2-1, Asahimachi, Kariya 448-0032, Aichi, Japan
Aisin Holdings of America, Inc., 1665 E 4th Street Road, Seymour, IN 
47274
Aisin Technical Center of America, Inc., 15300 Centennial Drive, 
Northville, MI 48168

[[Page 20634]]

Aisin World Corporation of America, 15300 Centennial Drive, Northville, 
MI 48168
Bayerische Motoren Werke AG, Petuelring 130, D-80788, Munich, Germany
BMW of North America, LLC, 300 Chestnut Ridge Rd., Woodcliff Lake, NJ 
07677
BMW Manufacturing Co., LLC, 1400 Hwy. 101 S., Greer, SC 29651-6731
Denso Corporation, 1-1, Showacho, Kariya 448-0029, Aichi, Japan
Denso International America, Inc., 24777 Denso Drive, Southfield, MI 
48033
Honda Motor Co., Ltd., 1-1, 2-chome, Minami-Aoyama, Minato-ku, Tokyo 
107-8556, Japan
Honda North America, Inc., 700 Van Ness Avenue, Torrance, CA 90501
American Honda Motor Co., Inc., 1919 Torrance Blvd., Torrance, CA 90501
Honda of America Mfg., Inc., 24000 Honda Pkwy., Marysville, OH 43040
Honda Manufacturing of Alabama, LLC, 1800 Honda Drive, Lincoln, AL 
35096
Honda R&D Americas, Inc., 1900 Harpers Way, Torrance, CA 90501
Mitsuba Corporation, 1-2681, Hirosawacho, Kiryu 376-0013, Gunma, Japan
American Mitsuba Corporation, 2945 Three Leaves Drive, Mount Pleasant, 
MI 48858
Nidec Corporation, 338, Tonoshirocho, Kuze, Minami-Ku, Kyoto, Japan
Nidec Automotive Motor Americas, LLC, 1800 Opdyke Court, Auburn Hills, 
MI 48326
Toyota Motor Corporation, 1 Toyota-cho, Toyota City, Aichi Prefecture 
471-8571, Japan
Toyota Motor North America, Inc., 601 Lexington Ave., 49th Floor, New 
York, NY 10022
Toyota Motor Sales, U.S.A., Inc., 19001 S. Western Avenue, Torrance, CA 
90501
Toyota Motor Engineering & Manufacturing, North America, Inc., 25 
Atlantic Avenue, Erlanger, KY 41018
Toyota Motor Manufacturing, Indiana, Inc., 4000 Tulip Tree Drive, 
Princeton, IN 47670
Toyota Motor Manufacturing, Kentucky, Inc., 1001 Cherry Blossom Way, 
Georgetown, KY 40324

    (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.

    By order of the Commission.

    Issued: April 28, 2017.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2017-08923 Filed 5-2-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices 20633

near the present location of Fort Wayne, INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: The
IN, primarily in the Spy Run district COMMISSION Office of Unfair Import Investigations,
and the Lakeside area in Fort Wayne. U.S. International Trade Commission,
[Investigation No. 337–TA–1052]
telephone (202) 205–2560.
Determinations Made by the Allen Authority: The authority for
County-Fort Wayne Historical Society Certain Thermoplastic-Encapsulated
Electric Motors, Components Thereof, institution of this investigation is
and Products and Vehicles Containing contained in section 337 of the Tariff
Officials of the Allen County-Fort Act of 1930, as amended, 19 U.S.C. 1337
Wayne Historical Society have Same Institution of Investigation
and in section 210.10 of the
determined that: AGENCY: U.S. International Trade Commission’s Rules of Practice and
• Pursuant to 25 U.S.C. 3001(9), the Commission. Procedure, 19 CFR 210.10 (2017).
human remains described in this notice ACTION: Notice. Scope of Investigation: Having
represent the physical remains of 3 considered the complaint, the U.S.
individuals of Native American SUMMARY: Notice is hereby given that a International Trade Commission, on
complaint was filed with the U.S. April 26, 2017, ordered that—
ancestry.
International Trade Commission on (1) Pursuant to subsection (b) of
• Pursuant to 25 U.S.C. 3001(3)(A), March 21, 2017, under section 337 of section 337 of the Tariff Act of 1930, as
the 4 objects described in this notice are the Tariff Act of 1930, as amended, on amended, an investigation be instituted
reasonably believed to have been placed behalf of Intellectual Ventures II LLC of to determine whether there is a
with or near individual human remains Bellevue, Washington. The complaint violation of subsection (a)(1)(B) of
at the time of death or later as part of alleges violations of section 337 based section 337 in the importation into the
the death rite or ceremony. upon the importation into the United United States, the sale for importation,
• Pursuant to 25 U.S.C. 3001(2), there States, the sale for importation, and the or the sale within the United States after
is a relationship of shared group sale within the United States after importation of certain thermoplastic-
importation of certain thermoplastic- encapsulated electric motors,
identity that can be reasonably traced
encapsulated electric motors, components thereof, and products and
between the Native American human
components thereof, and products and vehicles containing same by reason of
remains and associated funerary objects vehicles containing same by reason of infringement of one or more of claims
and the Miami Tribe of Oklahoma. infringement of certain claims of U.S. 1–2 and 4–7 of the ’200 patent; claims
Additional Requestors and Disposition Patent No. 7,154,200 (‘‘the ’200 patent’’); 24–27 of the ’348 patent; claims 1–2 and
U.S. Patent No. 7,067,944 (‘‘the ’944 14–15 of the ’509 patent; claims 3, 9, 11
Lineal descendants or representatives patent’’); U.S. Patent No. 7,067,952 (‘‘the of the ’944 patent; claims 10 and 12 of
of any Indian tribe or Native Hawaiian ’952 patent’’); U.S. Patent No. 7,683,509 the ’952 patent, and whether an
organization not identified in this notice (‘‘the ’509 patent’’); and U.S. Patent No. industry in the United States exists or
that wish to request transfer of control 7,928,348 (‘‘the ’348 patent’’). The is in the process of being established as
of these human remains and associated complaint further alleges that an required by subsection (a)(2) of section
funerary objects should submit a written industry in the United States exists or 337;
request with information in support of is in the process of being established as (2) Pursuant to Commission Rule
the request to Walter Font, Curator, required by the applicable Federal 210.50(b)(1), 19 CFR 210.50(b)(1), the
Allen County-Fort Wayne Historical Statute. presiding administrative law judge shall
The complainant requests that the take evidence or other information and
Society, 302 East Berry Street, Fort
Commission institute an investigation hear arguments from the parties and
Wayne, IN 46802, telephone (260) 426– and, after the investigation, issue a
2882, email wfont@comcast.net, by June other interested persons with respect to
limited exclusion order and cease and the public interest in this investigation,
2, 2017. After that date, if no additional desist orders.
requestors have come forward, transfer as appropriate, and provide the
ADDRESSES: The complaint, except for Commission with findings of fact and a
of control of the human remains and any confidential information contained recommended determination on this
associated funerary objects to the Miami therein, is available for inspection issue, which shall be limited to the
Tribe of Oklahoma may proceed. during official business hours (8:45 a.m. statutory public interest factors set forth
The Allen County-Fort Wayne to 5:15 p.m.) in the Office of the in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
Historical Society is responsible for Secretary, U.S. International Trade (3) For the purpose of the
notifying the Miami Tribe of Oklahoma Commission, 500 E Street SW., Room investigation so instituted, the following
and the Pokagon Band of Potawatomi 112, Washington, DC 20436, telephone are hereby named as parties upon which
Indians, Michigan and Indiana, that this (202) 205–2000. Hearing impaired this notice of investigation shall be
notice has been published. individuals are advised that information served:
on this matter can be obtained by (a) The complainant is: Intellectual
Dated: March 21, 2017. contacting the Commission’s TDD Ventures II LLC, 3150 139th Avenue
Melanie O’Brien, terminal on (202) 205–1810. Persons SE., Building 4, Bellevue, WA 98005.
Manager, National NAGPRA Program. with mobility impairments who will (b) The respondents are the following
[FR Doc. 2017–08874 Filed 5–2–17; 8:45 am] need special assistance in gaining access entities alleged to be in violation of
BILLING CODE 4312–52–P
to the Commission should contact the section 337, and are the parties upon
Office of the Secretary at (202) 205– which the complaint is to be served:
nlaroche on DSK30NT082PROD with NOTICES

2000. General information concerning Aisin Seiki Co., Ltd., 2–1, Asahimachi,
the Commission may also be obtained Kariya 448–0032, Aichi, Japan
by accessing its Internet server at Aisin Holdings of America, Inc., 1665 E
https://www.usitc.gov. The public 4th Street Road, Seymour, IN 47274
record for this investigation may be Aisin Technical Center of America, Inc.,
viewed on the Commission’s electronic 15300 Centennial Drive, Northville,
docket (EDIS) at https://edis.usitc.gov. MI 48168

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20634 Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices

Aisin World Corporation of America, Responses to the complaint and the industry in the United States is
15300 Centennial Drive, Northville, notice of investigation must be materially retarded, by reason of
MI 48168 submitted by the named respondents in imports of 100- to 150-seat large civil
Bayerische Motoren Werke AG, accordance with section 210.13 of the aircraft from Canada, provided for in
Petuelring 130, D–80788, Munich, Commission’s Rules of Practice and subheading 8802.40.00 of the
Germany Procedure, 19 CFR 210.13. Pursuant to Harmonized Tariff Schedule of the
BMW of North America, LLC, 300 19 CFR 201.16(e) and 210.13(a), such United States, that are alleged to be sold
Chestnut Ridge Rd., Woodcliff Lake, responses will be considered by the in the United States at less than fair
NJ 07677 Commission if received not later than 20 value and alleged to be subsidized by
BMW Manufacturing Co., LLC, 1400 days after the date of service by the the Government of Canada. Unless the
Hwy. 101 S., Greer, SC 29651–6731 Commission of the complaint and the Department of Commerce extends the
Denso Corporation, 1–1, Showacho, notice of investigation. Extensions of time for initiation, the Commission
Kariya 448–0029, Aichi, Japan time for submitting responses to the must reach a preliminary determination
Denso International America, Inc., complaint and the notice of in antidumping and countervailing duty
24777 Denso Drive, Southfield, MI investigation will not be granted unless investigations in 45 days, or in this case
48033 good cause therefor is shown. by June 12, 2017. The Commission’s
Honda Motor Co., Ltd., 1–1, 2-chome, Failure of a respondent to file a timely views must be transmitted to Commerce
Minami-Aoyama, Minato-ku, Tokyo response to each allegation in the within five business days thereafter, or
107–8556, Japan complaint and in this notice may be by June 19, 2017.
Honda North America, Inc., 700 Van deemed to constitute a waiver of the DATES: Effective April 27, 2017.
Ness Avenue, Torrance, CA 90501 right to appear and contest the FOR FURTHER INFORMATION CONTACT:
American Honda Motor Co., Inc., 1919 allegations of the complaint and this Carolyn Carlson (202–205–3002), Office
Torrance Blvd., Torrance, CA 90501 notice, and to authorize the of Investigations, U.S. International
Honda of America Mfg., Inc., 24000 administrative law judge and the Trade Commission, 500 E Street SW.,
Honda Pkwy., Marysville, OH 43040 Commission, without further notice to Washington, DC 20436. Hearing-
Honda Manufacturing of Alabama, LLC, the respondent, to find the facts to be as impaired persons can obtain
1800 Honda Drive, Lincoln, AL 35096 alleged in the complaint and this notice information on this matter by contacting
Honda R&D Americas, Inc., 1900 and to enter an initial determination the Commission’s TDD terminal on 202–
Harpers Way, Torrance, CA 90501 and a final determination containing 205–1810. Persons with mobility
Mitsuba Corporation, 1–2681, such findings, and may result in the impairments who will need special
Hirosawacho, Kiryu 376–0013, issuance of an exclusion order or a cease assistance in gaining access to the
Gunma, Japan and desist order or both directed against Commission should contact the Office
American Mitsuba Corporation, 2945 the respondent. of the Secretary at 202–205–2000.
Three Leaves Drive, Mount Pleasant, By order of the Commission. General information concerning the
MI 48858 Issued: April 28, 2017. Commission may also be obtained by
Nidec Corporation, 338, Tonoshirocho, Lisa R. Barton, accessing its internet server (https://
Kuze, Minami-Ku, Kyoto, Japan www.usitc.gov). The public record for
Secretary to the Commission.
Nidec Automotive Motor Americas, this investigation may be viewed on the
LLC, 1800 Opdyke Court, Auburn [FR Doc. 2017–08923 Filed 5–2–17; 8:45 am]
Commission’s electronic docket (EDIS)
Hills, MI 48326 BILLING CODE 7020–02–P
at https://edis.usitc.gov.
Toyota Motor Corporation, 1 Toyota- SUPPLEMENTARY INFORMATION:
cho, Toyota City, Aichi Prefecture Background.—These investigations
471–8571, Japan INTERNATIONAL TRADE
COMMISSION are being instituted, pursuant to
Toyota Motor North America, Inc., 601 sections 703(a) and 733(a) of the Tariff
Lexington Ave., 49th Floor, New [Investigation Nos. 701–TA–578 and 731– Act of 1930 (19 U.S.C. 1671b(a) and
York, NY 10022 TA–1368 (Preliminary)] 1673b(a)), in response to a petition filed
Toyota Motor Sales, U.S.A., Inc., 19001 on April 27, 2017, by The Boeing
S. Western Avenue, Torrance, CA 100- to 150-Seat Large Civil Aircraft Company, Chicago, Illinois.
90501 From Canada; Institution of For further information concerning
Toyota Motor Engineering & Antidumping and Countervailing Duty the conduct of these investigations and
Manufacturing, North America, Inc., Investigations and Scheduling of rules of general application, consult the
25 Atlantic Avenue, Erlanger, KY Preliminary Phase Investigations Commission’s Rules of Practice and
41018 AGENCY: United States International Procedure, part 201, subparts A and B
Toyota Motor Manufacturing, Indiana, Trade Commission. (19 CFR part 201), and part 207,
Inc., 4000 Tulip Tree Drive, subparts A and B (19 CFR part 207).
ACTION: Notice.
Princeton, IN 47670 Participation in the investigations and
Toyota Motor Manufacturing, Kentucky, SUMMARY: The Commission hereby gives public service list.—Persons (other than
Inc., 1001 Cherry Blossom Way, notice of the institution of investigations petitioners) wishing to participate in the
Georgetown, KY 40324 and commencement of preliminary investigations as parties must file an
(c) The Office of Unfair Import phase antidumping and countervailing entry of appearance with the Secretary
Investigations, U.S. International Trade duty investigation Nos. 701–TA–578 to the Commission, as provided in
nlaroche on DSK30NT082PROD with NOTICES

Commission, 500 E Street SW., Suite and 731–TA–1368 (Preliminary) sections 201.11 and 207.10 of the
401, Washington, DC 20436; and pursuant to the Tariff Act of 1930 (‘‘the Commission’s rules, not later than seven
(4) For the investigation so instituted, Act’’) to determine whether there is a days after publication of this notice in
the Chief Administrative Law Judge, reasonable indication that an industry the Federal Register. Industrial users
U.S. International Trade Commission, in the United States is materially and (if the merchandise under
shall designate the presiding injured or threatened with material investigation is sold at the retail level)
Administrative Law Judge. injury, or the establishment of an representative consumer organizations

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Document Created: 2018-11-08 08:36:19
Document Modified: 2018-11-08 08:36:19

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 20633