82 FR 25333 - Certain Magnetic Tape Cartridges and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 104 (June 1, 2017)
Federal Register Volume 82, Issue 104 (June 1, 2017)
| Page Range | 25333-25334 | |
| FR Document | 2017-11307 |
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)] [Notices] [Pages 25333-25334] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11307] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1058] Certain Magnetic Tape Cartridges 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 April 28, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sony Corporation of Japan; Sony Storage Media Solutions Corporation of Japan; Sony Storage Media Manufacturing Corporation of Japan; Sony DADC US Inc. of Terre Haute, Indiana; and Sony Latin America Inc. of Miami, Florida. Supplements to the Complaint were filed on May 2, 2017 and May 19, 2017. The complaint, as supplemented, 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 magnetic tape cartridges and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,674,596 (``the '596 patent''); U.S. Patent No. 6,979,501 (``the '501 patent''); and U.S. Patent No. 7,029,774 (``the '774 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 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 May 25, 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 [[Page 25334]] 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 magnetic tape cartridges and components thereof by reason of infringement of one or more of claims 1-19 of the '596 patent; claims 1-6 and 8 of the '501 patent; and claims 1-11 and 15-20 of the '774 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan. Sony Storage Media Solutions Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan. Sony Storage Media Manufacturing Corporation, 3-4-1 Sakuragi, Tagajo, Miyagi 985-0842, Japan. Sony DADC US Inc., 1800 North Fruitridge Avenue, Terre Haute, IN 47804. Sony Latin America Inc., 5201 Blue Lagoon Drive, Suite 400, Miami, FL 33126. (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: Fujifilm Holdings Corporation, 7-3 Akasaka 9-chome, Minato-ku, Tokyo 107-0052, Japan. Fujifilm Corporation, 7-3 Akasaka 9-chome, Minato-ku, Tokyo 107- 0052, Japan. Fujifilm Media Manufacturing Co., Ltd., 12-1 Ogimachi 2-chome, Odawara, Kanagawa 250-0001, Japan. Fujifilm Holdings America Corporation, 200 Summit Lake Drive, Valhalla, NY 10595. Fujifilm Recording Media U.S.A., Inc., 45 Crosby Drive, Bedford, MA 01730-1401. (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: May 26, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-11307 Filed 5-31-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices 25333
Hearings on injury and remedy.—The statement of information pertinent to Media Manufacturing Corporation of
Commission has scheduled separate the consideration of injury on or before Japan; Sony DADC US Inc. of Terre
hearings in connection with the injury August 22, 2017, and pertinent to the Haute, Indiana; and Sony Latin America
and remedy phases of this investigation. consideration of remedy on or before Inc. of Miami, Florida. Supplements to
The hearing on injury will be held October 10, 2017. All written the Complaint were filed on May 2,
beginning at 9:30 a.m. on August 15, submissions must conform with the 2017 and May 19, 2017. The complaint,
2017, at the U.S. International Trade provisions of section 201.8 of the as supplemented, alleges violations of
Commission Building, 500 E Street SW., Commission’s rules; any submissions section 337 based upon the importation
Washington, DC. In the event that the that contain CBI must also conform with into the United States, the sale for
Commission makes an affirmative injury the requirements of sections 201.6 and importation, and the sale within the
determination or is equally divided on 206.17 of the Commission’s rules. The United States after importation of
the question of injury in this Commission’s Handbook on E-Filing, certain magnetic tape cartridges and
investigation, a hearing on the question available on the Commission’s Web site components thereof by reason of
of remedy will be held beginning at 9:30 at https://www.usitc.gov/secretary/ infringement of certain claims of U.S.
a.m. on October 3, 2017. Requests to documents/handbook_on_filing_ Patent No. 6,674,596 (‘‘the ’596 patent’’);
appear at the hearings should be filed in procedures.pdf, elaborates upon the U.S. Patent No. 6,979,501 (‘‘the ’501
writing with the Secretary to the Commission’s rules with respect to patent’’); and U.S. Patent No. 7,029,774
Commission on or before August 9, 2017 electronic filing. (‘‘the ’774 patent’’). The complaint
for the injury hearing, and September Any additional written submission to further alleges that an industry in the
27, 2017 for the remedy hearing. A the Commission, including requests United States exists as required by the
nonparty who has testimony that may pursuant to section 201.12 of the applicable Federal Statute.
aid the Commission’s deliberations may Commission’s rules, will not be The complainants request that the
request permission to present a short accepted unless good cause is shown for Commission institute an investigation
statement at the hearings. All parties accepting such a submission, or unless and, after the investigation, issue a
and nonparties desiring to appear at the the submission is pursuant to a specific limited exclusion order and cease and
hearings and make oral presentations request by a Commissioner or desist orders.
should participate in prehearing Commission staff. ADDRESSES: The complaint, except for
conferences to be held on August 11, In accordance with section 201.16(c) any confidential information contained
2017 for the injury hearing and of the Commission’s rules, each therein, is available for inspection
September 28, 2017 for the remedy document filed by a party to the during official business hours (8:45 a.m.
hearing, if deemed necessary. Oral investigation must be served on all other to 5:15 p.m.) in the Office of the
testimony and written materials to be parties to the investigation (as identified Secretary, U.S. International Trade
submitted at the public hearings are by the service list), and a certificate of Commission, 500 E Street SW., Room
governed by sections 201.6(b)(2) service must be timely filed. The 112, Washington, DC 20436, telephone
201.13(f), and 206.5 of the Secretary will not accept a document for (202) 205–2000. Hearing impaired
Commission’s rules. Parties must submit filing without a certificate of service. individuals are advised that information
any request to present a portion of their Authority: This investigation is being on this matter can be obtained by
hearing testimony in camera no later conducted under authority of Section 202 of contacting the Commission’s TDD
than 7 business days prior to the date of the Act; this notice is published pursuant to terminal on (202) 205–1810. Persons
the respective hearings. section 203(b)(3) of the Act. with mobility impairments who will
Written submissions.—Each party By order of the Commission. need special assistance in gaining access
who is an interested party may submit Issued: May 23, 2017. to the Commission should contact the
a prehearing brief to the Commission. Katherine M. Hiner, Office of the Secretary at (202) 205–
Prehearing briefs must conform with the 2000. General information concerning
Supervisory Attorney.
provisions of sections 201.8, 206.7, and the Commission may also be obtained
[FR Doc. 2017–11013 Filed 5–31–17; 8:45 am]
206.8 of the Commission’s rules. The by accessing its internet server at
BILLING CODE 7020–02–P
deadline for filing prehearing briefs on https://www.usitc.gov. The public
injury is August 8, 2017; that for filing record for this investigation may be
prehearing briefs on remedy, including viewed on the Commission’s electronic
INTERNATIONAL TRADE
any commitments pursuant to 19 U.S.C. docket (EDIS) at https://edis.usitc.gov.
COMMISSION
2252(a)(6)(B), is September 27, 2017. FOR FURTHER INFORMATION CONTACT: The
Parties may also file written testimony [Investigation No. 337–TA–1058] Office of Unfair Import Investigations,
in connection with their presentation at U.S. International Trade Commission,
the hearing, as provided in sections Certain Magnetic Tape Cartridges and telephone (202) 205–2560.
201.13, 206.5, and 206.8 of the Components Thereof Institution of
Investigation Authority: The authority for institution of
Commission’s rules, and posthearing this investigation is contained in section 337
briefs, which must conform with the AGENCY: U.S. International Trade of the Tariff Act of 1930, as amended, 19
provisions of sections 201.8, 201.13, Commission. U.S.C. 1337 and in section 210.10 of the
206.7, and 206.8 of Commission’s rules. Commission’s Rules of Practice and
ACTION: Notice.
The deadline for filing posthearing Procedure, 19 CFR 210.10 (2017).
briefs for the injury phase of the SUMMARY: Notice is hereby given that a Scope of Investigation: Having
mstockstill on DSK30JT082PROD with NOTICES
investigation is August 22, 2017; the complaint was filed with the U.S. considered the complaint, the U.S.
deadline for filing posthearing briefs for International Trade Commission on International Trade Commission, on
the remedy phase of the investigation, if April 28, 2017, under section 337 of the May 25, 2017, Ordered that—
any, is October 10, 2017. In addition, Tariff Act of 1930, as amended, on (1) Pursuant to subsection (b) of
any person who has not entered an behalf of Sony Corporation of Japan; section 337 of the Tariff Act of 1930, as
appearance as a party to the Sony Storage Media Solutions amended, an investigation be instituted
investigation may submit a written Corporation of Japan; Sony Storage to determine whether there is a
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![25334 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
violation of subsection (a)(1)(B) of (b) The respondents are the following deemed to constitute a waiver of the
section 337 in the importation into the entities alleged to be in violation of right to appear and contest the
United States, the sale for importation, section 337, and are the parties upon allegations of the complaint and this
or the sale within the United States after which the complaint is to be served: notice, and to authorize the
importation of certain magnetic tape Fujifilm Holdings Corporation, 7–3 administrative law judge and the
cartridges and components thereof by Akasaka 9-chome, Minato-ku, Tokyo Commission, without further notice to
reason of infringement of one or more of 107–0052, Japan. the respondent, to find the facts to be as
claims 1–19 of the ’596 patent; claims Fujifilm Corporation, 7–3 Akasaka 9- alleged in the complaint and this notice
1–6 and 8 of the ’501 patent; and claims chome, Minato-ku, Tokyo 107–0052, and to enter an initial determination
1–11 and 15–20 of the ’774 patent, and Japan. and a final determination containing
whether an industry in the United Fujifilm Media Manufacturing Co., such findings, and may result in the
States exists as required by subsection Ltd., 12–1 Ogimachi 2-chome, Odawara, issuance of an exclusion order or a cease
(a)(2) of section 337; Kanagawa 250–0001, Japan. and desist order or both directed against
(2) Pursuant to Commission Rule Fujifilm Holdings America the respondent.
210.50(b)(1), 19 CFR 210.50(b)(1), the Corporation, 200 Summit Lake Drive, By order of the Commission.
presiding administrative law judge shall Valhalla, NY 10595. Issued: May 26, 2017.
take evidence or other information and Fujifilm Recording Media U.S.A., Inc., Lisa R. Barton,
hear arguments from the parties and 45 Crosby Drive, Bedford, MA 01730– Secretary to the Commission.
other interested persons with respect to 1401.
the public interest in this investigation, [FR Doc. 2017–11307 Filed 5–31–17; 8:45 am]
as appropriate, and provide the (c) The Office of Unfair Import BILLING CODE 7020–02–P
Commission with findings of fact and a Investigations, U.S. International Trade
recommended determination on this Commission, 500 E Street SW., Suite
issue, which shall be limited to the 401, Washington, DC 20436; and
(4) For the investigation so instituted, DEPARTMENT OF JUSTICE
statutory public interest factors set forth
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); the Chief Administrative Law Judge, Drug Enforcement Administration
(3) For the purpose of the U.S. International Trade Commission,
investigation so instituted, the following shall designate the presiding [Docket No. DEA–392]
are hereby named as parties upon which Administrative Law Judge.
Responses to the complaint and the Bulk Manufacturer of Controlled
this notice of investigation shall be
notice of investigation must be Substances Registration
served:
submitted by the named respondents in
(a) The complainants are:
accordance with section 210.13 of the ACTION: Notice of registration.
Sony Corporation, 1–7–1 Konan, Commission’s Rules of Practice and
Minato-ku, Tokyo 108–0075, Japan. Procedure, 19 CFR 210.13. Pursuant to SUMMARY: Registrants listed below have
Sony Storage Media Solutions 19 CFR 201.16(e) and 210.13(a), such applied for and been granted
Corporation, 1–7–1 Konan, Minato-ku, responses will be considered by the registration by the Drug Enforcement
Tokyo 108–0075, Japan. Commission if received not later than 20 Administration (DEA) as bulk
days after the date of service by the manufacturers of various classes of
Sony Storage Media Manufacturing
Commission of the complaint and the controlled substances.
Corporation, 3–4–1 Sakuragi, Tagajo,
Miyagi 985–0842, Japan. notice of investigation. Extensions of SUPPLEMENTARY INFORMATION: The
time for submitting responses to the companies listed below applied to be
Sony DADC US Inc., 1800 North registered as manufacturers of various
complaint and the notice of
Fruitridge Avenue, Terre Haute, IN basic classes of controlled substances.
investigation will not be granted unless
47804. Information on previously published
good cause therefor is shown.
Sony Latin America Inc., 5201 Blue Failure of a respondent to file a timely notices is listed in the table below. No
Lagoon Drive, Suite 400, Miami, FL response to each allegation in the comments or objections were submitted
33126. complaint and in this notice may be for these notices.
Company FR docket Published
Cody Laboratories, Inc ................................................................................................................................... 81 FR 61249 September 6, 2016.
Alcami Wisconsin Corporation ....................................................................................................................... 81 FR 63219 September 14, 2016.
Johnson Matthey, Inc ..................................................................................................................................... 81 FR 71767 October 18, 2016.
Noramco, Inc .................................................................................................................................................. 82 FR 6645 January 19, 2017.
Organix, Inc .................................................................................................................................................... 82 FR 8433 January 25, 2017.
Mallinckrodt, LLC ........................................................................................................................................... 82 FR 13136 March 9, 2017.
Siemens Healthcare Diagnostics, Inc ............................................................................................................ 82 FR 13506 March 13, 2017.
The DEA has considered the factors in investigated each of the company’s Therefore, pursuant to 21 U.S.C.
21 U.S.C. 823(a) and determined that maintenance of effective controls 823(a), and in accordance with 21 CFR
mstockstill on DSK30JT082PROD with NOTICES
the registration of these registrants to against diversion by inspecting and 1301.33, the DEA has granted a
manufacture the applicable basic classes testing each company’s physical registration as a bulk manufacturer to
of controlled substances is consistent security systems, verifying each the above listed companies.
with the public interest and with United company’s compliance with state and
States obligations under international local laws, and reviewing each
treaties, conventions, or protocols in company’s background and history.
effect on May 1, 1971. The DEA
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Document Created: 2017-06-01 03:05:12
Document Modified: 2017-06-01 03:05:12
| 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 25333 |
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