82 FR 21405 - Certain Mirrors With Internal Illumination and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 87 (May 8, 2017)
Federal Register Volume 82, Issue 87 (May 8, 2017)
| Page Range | 21405-21406 | |
| FR Document | 2017-09205 |
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)] [Notices] [Pages 21405-21406] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09205] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1055] Certain Mirrors With Internal Illumination and Components Thereof; 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 March 8, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Electric Mirror, LLC of Everett, Washington and Kelvin 42 LLC of Pensacola, Florida. A supplement was filed on March 24, 2017, and an amended complaint was filed on April 21, 2017. The complaint, as amended, 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 mirrors with internal illumination and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,853,414 (``the '414 patent'') and U.S. Patent No. 7,559,668 (``the '668 patent''). The amended 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 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 the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802. 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 May 1, 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 mirrors with internal illumination and components thereof by reason of infringement of one or more of claims 4, 9, 14, and 18 of the '414 patent and claims 1-6, 8, and 14-16 of the '668 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: Electric Mirror, LLC, 6101 Associated Boulevard Everett, WA 98203. Kelvin 42 LLC, 38 South Blue Angel Parkway #176, Pensacola, FL 32506. (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: Lumidesign Inc., 55 West Beaver Creek Road, Unit 34, Richmond Hill, Ontario L4B 1K5, Canada. [[Page 21406]] Majestic Mirrors & Frame, LLC, 7425 NW 79th Street, Miami, FL 33166. Project Light, LLC (d/b/a Project Light, Inc., Prospetto Light, LLC and/or Prospetto Lighting, LLC), 4976 Hudson Drive. The Office of Unfair Import Investigations will not participate as a party in this investigation. (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 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. Dated: May 2, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-09205 Filed 5-5-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices 21405
services, as well as on international relating to national security that impact Secretary, U.S. International Trade
trade and investment flows associated USTR negotiation and enforcement Commission, 500 E Street SW., Room
with digital products and services priorities. USTR also indicated that it 112, Washington, DC 20436, telephone
related to significant business-to- intends to treat the Commission’s (202) 205–2000. Hearing impaired
business technologies. second and third reports as interagency individuals are advised that information
The Commission expects to deliver memoranda containing predecisional on this matter can be obtained by
this second report to the USTR by advice subject to the deliberative contacting the Commission’s TDD
October 29, 2018. process privilege. terminal on (202) 205–1810. Persons
As requested by the USTR, the In his request letter, the USTR with mobility impairments who will
Commission’s report on the third indicated that his office intends to make need special assistance in gaining access
investigation, titled Global Digital Trade the Commission’s first report in this to the Commission should contact the
3: The Business-to-Consumer Market, series available to the public in its Office of the Secretary at (202) 205–
Key Foreign Trade Restrictions, and U.S. entirety. 2000. General information concerning
Competitiveness, will build on the first the Commission may also be obtained
By order of the Commission.
and second reports to: by accessing its Internet server at
• Provide qualitative, and to the Issued: May 2, 2017.
https://www.usitc.gov. The public
extent possible, quantitative analysis of Lisa R. Barton,
record for this investigation may be
measures in key foreign markets Secretary to the Commission.
viewed on the Commission’s electronic
(identified in the first report) that affect [FR Doc. 2017–09180 Filed 5–5–17; 8:45 am]
docket (EDIS) at https://edis.usitc.gov.
the ability of U.S. firms to develop and/ BILLING CODE 7020–02–P
or supply business-to-consumer digital FOR FURTHER INFORMATION CONTACT: The
products and services abroad; and Office of the Secretary, Docket Services
• Assess, using case studies or other INTERNATIONAL TRADE Division, U.S. International Trade
qualitative and quantitative methods, COMMISSION Commission, telephone (202) 205–1802.
the impact of these measures on the Authority: The authority for institution of
[Investigation No. 337–TA–1055]
competitiveness of U.S. firms engaged this investigation is contained in section 337
in the sale of digital products and of the Tariff Act of 1930, as amended, 19
Certain Mirrors With Internal U.S.C. 1337 and in section 210.10 of the
services, as well as on international Illumination and Components Thereof;
trade and investment flows associated Commission’s Rules of Practice and
Institution of Investigation Procedure, 19 CFR 210.10 (2017).
with digital products and services
related to significant business-to- AGENCY: U.S. International Trade Scope of Investigation: Having
consumer technologies. Commission. considered the complaint, the U.S.
The Commission expects to deliver ACTION: Notice. International Trade Commission, on
this third report to the USTR by March May 1, 2017, ordered that—
29, 2019. SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of
Public Hearing, Written Submissions: complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as
The Commission expects to hold a International Trade Commission on amended, an investigation be instituted
public hearing in the spring of 2018 in March 8, 2017, under section 337 of the to determine whether there is a
connection with the second and third Tariff Act of 1930, as amended, on violation of subsection (a)(1)(B) of
investigations. The Commission will behalf of Electric Mirror, LLC of Everett, section 337 in the importation into the
announce the time and place in a later Washington and Kelvin 42 LLC of United States, the sale for importation,
notice. Pensacola, Florida. A supplement was or the sale within the United States after
The Commission will also provide filed on March 24, 2017, and an importation of certain mirrors with
opportunity for interested members of amended complaint was filed on April internal illumination and components
the public to file written submissions in 21, 2017. The complaint, as amended, thereof by reason of infringement of one
connection with the second and third alleges violations of section 337 based or more of claims 4, 9, 14, and 18 of the
investigations. The Commission will upon the importation into the United ’414 patent and claims 1–6, 8, and
announce the time and procedures States, the sale for importation, and the 14–16 of the ’668 patent, and whether
relating to the filing of those written sale within the United States after an industry in the United States exists
submissions in a later notice. The importation of certain mirrors with as required by subsection (a)(2) of
Commission will also identify in that internal illumination and components section 337;
notice any particular issues or subject thereof by reason of infringement of (2) For the purpose of the
areas that it would like members of the certain claims of U.S. Patent No. investigation so instituted, the following
public to address in their written 7,853,414 (‘‘the ’414 patent’’) and U.S. are hereby named as parties upon which
submissions or in hearing testimony. Patent No. 7,559,668 (‘‘the ’668 patent’’). this notice of investigation shall be
Portions of the Second and Third The amended complaint further alleges served:
Reports to be Classified as National that an industry in the United States (a) The complainants are:
Security Information and be Subject to exists as required by the applicable
Federal Statute. Electric Mirror, LLC, 6101 Associated
the Deliberative Process Privilege: In his
The complainants request that the Boulevard Everett, WA 98203.
letter requesting the investigations, the
USTR indicated that portions of the Commission institute an investigation Kelvin 42 LLC, 38 South Blue Angel
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Commission’s second and third reports and, after the investigation, issue a Parkway #176, Pensacola, FL 32506.
containing the Commission’s analysis of limited exclusion order and cease and (b) The respondents are the following
the impact of foreign barriers to digital desist orders. entities alleged to be in violation of
trade on (1) U.S. imports and exports of ADDRESSES: The complaint, except for section 337, and are the parties upon
digital products and services and (2) the any confidential information contained which the complaint is to be served:
competitiveness of U.S. companies will therein, is available for inspection Lumidesign Inc., 55 West Beaver Creek
be classified on the basis that those during official business hours (8:45 a.m. Road, Unit 34, Richmond Hill,
portions concern economic matters to 5:15 p.m.) in the Office of the Ontario L4B 1K5, Canada.
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![21406 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices
Majestic Mirrors & Frame, LLC, 7425 SUMMARY: The Commission hereby gives pursuant to section 207.62(d)(4) of the
NW 79th Street, Miami, FL 33166. notice of the scheduling of an expedited Commission’s rules.
Project Light, LLC (d/b/a Project Light, review pursuant to the Tariff Act of Written submissions.—As provided in
Inc., Prospetto Light, LLC and/or 1930 (‘‘the Act’’) to determine whether section 207.62(d) of the Commission’s
Prospetto Lighting, LLC), 4976 revocation of the antidumping duty rules, interested parties that are parties
Hudson Drive. order on light-walled rectangular (LWR) to the review and that have provided
The Office of Unfair Import pipe and tube from Taiwan would be individually adequate responses to the
Investigations will not participate as a likely to lead to continuation or notice of institution,2 and any party
party in this investigation. recurrence of material injury within a other than an interested party to the
(3) For the investigation so instituted, reasonably foreseeable time. review may file written comments with
the Chief Administrative Law Judge, DATES: Effective April 10, 2017. the Secretary on what determination the
U.S. International Trade Commission, FOR FURTHER INFORMATION CONTACT: Commission should reach in the review.
shall designate the presiding Drew Dushkes (202–205–3229), Office Comments are due on or before June 28,
Administrative Law Judge. of Investigations, U.S. International 2017 and may not contain new factual
Responses to the complaint and the Trade Commission, 500 E Street SW., information. Any person that is neither
notice of investigation must be Washington, DC 20436. Hearing- a party to the five-year review nor an
submitted by the named respondents in impaired persons can obtain interested party may submit a brief
accordance with section 210.13 of the information on this matter by contacting written statement (which shall not
Commission’s Rules of Practice and the Commission’s TDD terminal on 202– contain any new factual information)
Procedure, 19 CFR 210.13. Pursuant to 205–1810. Persons with mobility pertinent to the review by June 28, 2017.
19 CFR 201.16(e) and 210.13(a), such impairments who will need special However, should the Department of
responses will be considered by the assistance in gaining access to the Commerce extend the time limit for its
Commission if received not later than 20 Commission should contact the Office completion of the final results of its
days after the date of service by the of the Secretary at 202–205–2000. review, the deadline for comments
Commission of the complaint and the General information concerning the (which may not contain new factual
notice of investigation. Extensions of Commission may also be obtained by information) on Commerce’s final
time for submitting responses to the accessing its internet server (https:// results is three business days after the
complaint and the notice of www.usitc.gov). The public record for issuance of Commerce’s results. If
investigation will not be granted unless this review may be viewed on the comments contain business proprietary
good cause therefor is shown. Commission’s electronic docket (EDIS) information (BPI), they must conform
Failure of a respondent to file a timely at https://edis.usitc.gov. with the requirements of sections 201.6,
response to each allegation in the SUPPLEMENTARY INFORMATION:
207.3, and 207.7 of the Commission’s
complaint and in this notice may be Background.—On April 10, 2017, the rules. The Commission’s rules with
deemed to constitute a waiver of the Commission determined that the respect to filing were revised effective
right to appear and contest the domestic interested party group July 25, 2014. See 79 FR 35920 (June 25,
allegations of the complaint and this response to its notice of institution (82 2014), and the revised Commission
notice, and to authorize the FR 137, January 3, 2017) of the subject Handbook on E-filing, available from the
administrative law judge and the five-year review was adequate and that Commission’s Web site at https://
Commission, without further notice to the respondent interested party group www.usitc.gov/secretary/documents/
the respondent, to find the facts to be as response was inadequate. The handbook_on_filing_procedures.pdf.
alleged in the complaint and this notice Commission did not find any other In accordance with sections 201.16(c)
and to enter an initial determination circumstances that would warrant and 207.3 of the rules, each document
and a final determination containing conducting a full review.1 Accordingly, filed by a party to the review must be
such findings, and may result in the the Commission determined that it served on all other parties to the review
issuance of an exclusion order or a cease would conduct an expedited review (as identified by either the public or BPI
and desist order or both directed against pursuant to section 751(c)(3) of the service list), and a certificate of service
the respondent. Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). must be timely filed. The Secretary will
For further information concerning not accept a document for filing without
By order of the Commission. a certificate of service.
Dated: May 2, 2017. the conduct of this review and rules of
general application, consult the Determination.—The Commission has
Lisa R. Barton, determined this review is
Commission’s Rules of Practice and
Secretary to the Commission.
Procedure, part 201, subparts A and B extraordinarily complicated and
[FR Doc. 2017–09205 Filed 5–5–17; 8:45 am] (19 CFR part 201), and part 207, therefore has determined to exercise its
BILLING CODE 7020–02–P subparts A, D, E, and F (19 CFR part authority to extend the review period by
207). up to 90 days pursuant to 19 U.S.C.
Staff report.—A staff report 1675(c)(5)(B).
INTERNATIONAL TRADE containing information concerning the Authority: This review is being
COMMISSION subject matter of the review will be conducted under authority of title VII of
placed in the nonpublic record on June the Tariff Act of 1930; this notice is
[Investigation No. 731–TA–410 (Fourth
Review)] 23, 2017, and made available to persons published pursuant to section 207.62 of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
on the Administrative Protective Order the Commission’s rules.
Light-Walled Rectangular (LWR) Pipe service list for this review. A public 2 The Commission has found the responses
and Tube From Taiwan; Scheduling of version will be issued thereafter, submitted by Allied Tube and Conduit; Atlas Tube;
an Expedited Five-Year Review Bull Moose Tube Company; California Steel and
1 A record of the Commissioners’ votes, the Tube; Hannibal Industries, Inc.; Maruichi Industries
AGENCY: United States International Commission’s statement on adequacy, and any Corporation; Searing Industries; and Western Tube
Trade Commission. individual Commissioner’s statements will be & Conduit Corporation to be individually adequate.
ACTION: Notice. available from the Office of the Secretary and at the Comments from other interested parties will not be
Commission’s Web site. accepted (see 19 CFR 207.62(d)(2)).
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Document Created: 2017-05-06 02:21:52
Document Modified: 2017-05-06 02:21:52
| 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 the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 82 FR 21405 |
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