82 FR 27723 - Certain Ink Cartridges and Components Thereof; Institution of an Advisory Opinion Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range		27723-27723
FR Document		2017-12487

Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding in the above-captioned investigations.

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Page 27723]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12487]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 337-TA-565/946]

Certain Ink Cartridges and Components Thereof; Institution of an
Advisory Opinion Proceeding

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 determined to institute an advisory opinion proceeding
in the above-captioned investigations.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation are
or 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 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.
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 instituted Inv. No. 337-TA-
565 on March 23, 2006, based on a complaint filed by Epson Portland,
Inc. of Hillsboro, Oregon, Epson America, Inc. of Long Beach,
California, and Seiko Epson Corporation of Nagano-Ken, Japan
(collectively, ``Epson''). 71 FR 14720 (Mar. 23, 2006). The complaint
alleged violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, by reason of infringement of certain claims of
U.S. Patent Nos. 5,615,957; 5,622,439; 5,158,377; 5,221,148; 5,156,472;
5,488,401; 6,502,917; 6,550,902; 6,955,422; 7,008,053; and 7,011,397.
The Commission's notice of investigation named 24 respondents including
Ninestar Technology Company Ltd. of Montclair, California
(``Ninestar''). The Office of Unfair Import Investigations participated
in the investigation. Several respondents were terminated from the
investigation on the basis of settlement agreements or consent orders
or were found in default. On October 19, 2007, the Commission issued a
general exclusion order (``GEO'') and a limited exclusion order. The
Commission also issued cease and desist orders (``CDO'') directed to
several domestic respondents.
The Commission instituted Inv. No. 337-TA-946 on January 27, 2015,
based on a complaint filed by Epson. 80 FR 4314-16 (Jan. 27, 2015).
That complaint alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain
claims of U.S. Patent Nos. 8,366,233; 8,454,116; 8,794,749; 8,801,163;
and 8,882,513. The Commission's notice of investigation named numerous
respondents. The Office of Unfair Import Investigations participated in
the investigation. All the participating respondents were terminated
from the investigation as a result of settlement agreements and/or
consent motion stipulations. A number of the named respondents
defaulted. On October 28, 2015, the presiding administrative law judge
(ALJ) issued an initial determination granting Epson's motion for
summary determination of violation of section 337 by the defaulting
respondents. Based on evidence of a pattern of violation and difficulty
ascertaining the source of the infringing products, the Commission
issued a GEO and CDOs directed to two defaulted domestic respondents on
May 26, 2016.
On April 26, 2017, Ninestar, Ninestar Image Tech. Ltd., and Apex
Microtech Ltd. (collectively, ``Requesters'') filed a request for a
consolidated advisory opinion proceeding in both investigations
pursuant to Commission Rule 210.79 (19 CFR 210.79). Specifically,
Requesters seek an advisory opinion that will declare that their
refurbished Epson ink cartridges remanufactured using empty Epson ink
cartridges collected from the United States are outside the scope of
the GEOs and CDOs issued in both investigations. Requesters also ask
that the advisory opinion proceeding be conducted in an expedited
manner pursuant to Commission Rule 210.2 (19 CFR 210.2), without a
formal hearing or discovery. Epson filed a timely response opposing the
request. Thereafter, Requesters filed a motion for leave to file a
reply to Epson's response.
The Commission has determined that the request complies with the
requirements for institution of an advisory opinion proceeding under
Commission Rule 210.79. Accordingly, the Commission has determined to
institute a consolidated advisory opinion proceeding in both
investigations and referred the request to the Chief ALJ to designate a
presiding ALJ. Epson, the Requesters, and the Office of Unfair Import
Investigations are named as parties to the proceeding. The Commission
has also determined to deny Requesters' motion for leave to file a
reply.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).

By order of the Commission.

Issued June 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12487 Filed 6-15-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices 27723

E-Filing, available on the Commission’s hours (8:45 a.m. to 5:15 p.m.) in the October 28, 2015, the presiding
Web site at https://edis.usitc.gov, Office of the Secretary, U.S. administrative law judge (ALJ) issued an
elaborates upon the Commission’s rules International Trade Commission, 500 E initial determination granting Epson’s
with respect to electronic filing. Street SW., Washington, DC 20436, motion for summary determination of
Additional written submissions to the telephone (202) 205–2000. General violation of section 337 by the
Commission, including requests information concerning the Commission defaulting respondents. Based on
pursuant to section 201.12 of the may also be obtained by accessing its evidence of a pattern of violation and
Commission’s rules, shall not be Internet server at https://www.usitc.gov. difficulty ascertaining the source of the
accepted unless good cause is shown for The public record for this investigation infringing products, the Commission
accepting such submissions, or unless may be viewed on the Commission’s issued a GEO and CDOs directed to two
the submission is pursuant to a specific electronic docket (EDIS) at https:// defaulted domestic respondents on May
request by a Commissioner or edis.usitc.gov. Hearing-impaired 26, 2016.
Commission staff. persons are advised that information on
In accordance with sections 201.16(c) this matter can be obtained by On April 26, 2017, Ninestar, Ninestar
and 207.3 of the Commission’s rules, contacting the Commission’s TDD Image Tech. Ltd., and Apex Microtech
each document filed by a party to the terminal on (202) 205–1810. Ltd. (collectively, ‘‘Requesters’’) filed a
reviews must be served on all other SUPPLEMENTARY INFORMATION: The request for a consolidated advisory
parties to the reviews (as identified by Commission instituted Inv. No. 337– opinion proceeding in both
either the public or BPI service list), and TA–565 on March 23, 2006, based on a investigations pursuant to Commission
a certificate of service must be timely complaint filed by Epson Portland, Inc. Rule 210.79 (19 CFR 210.79).
filed. The Secretary will not accept a of Hillsboro, Oregon, Epson America, Specifically, Requesters seek an
document for filing without a certificate Inc. of Long Beach, California, and advisory opinion that will declare that
of service. Seiko Epson Corporation of Nagano- their refurbished Epson ink cartridges
The Commission has determined that Ken, Japan (collectively, ‘‘Epson’’). 71 remanufactured using empty Epson ink
these reviews are extraordinarily FR 14720 (Mar. 23, 2006). The cartridges collected from the United
complicated and therefore has complaint alleged violations of section States are outside the scope of the GEOs
determined to exercise its authority to 337 of the Tariff Act of 1930, as and CDOs issued in both investigations.
extend the review period by up to 90 amended, 19 U.S.C. 1337, by reason of Requesters also ask that the advisory
days pursuant to 19 U.S.C.1675(c)(5)(B). infringement of certain claims of U.S. opinion proceeding be conducted in an
Authority: These reviews are being Patent Nos. 5,615,957; 5,622,439; expedited manner pursuant to
conducted under authority of title VII of the 5,158,377; 5,221,148; 5,156,472; Commission Rule 210.2 (19 CFR 210.2),
Tariff Act of 1930; this notice is published 5,488,401; 6,502,917; 6,550,902;
pursuant to section 207.62 of the without a formal hearing or discovery.
6,955,422; 7,008,053; and 7,011,397. Epson filed a timely response opposing
Commission’s rules.
The Commission’s notice of the request. Thereafter, Requesters filed
By order of the Commission. investigation named 24 respondents a motion for leave to file a reply to
Issued: June 13, 2017. including Ninestar Technology Epson’s response.
Lisa R. Barton, Company Ltd. of Montclair, California
Secretary to the Commission. (‘‘Ninestar’’). The Office of Unfair The Commission has determined that
Import Investigations participated in the the request complies with the
[FR Doc. 2017–12510 Filed 6–15–17; 8:45 am]
investigation. Several respondents were requirements for institution of an
BILLING CODE 7020–02–P
terminated from the investigation on the advisory opinion proceeding under
basis of settlement agreements or Commission Rule 210.79. Accordingly,
INTERNATIONAL TRADE consent orders or were found in default. the Commission has determined to
COMMISSION On October 19, 2007, the Commission institute a consolidated advisory
issued a general exclusion order opinion proceeding in both
[Investigation Nos. 337–TA–565/946] (‘‘GEO’’) and a limited exclusion order. investigations and referred the request
Certain Ink Cartridges and The Commission also issued cease and to the Chief ALJ to designate a presiding
Components Thereof; Institution of an desist orders (‘‘CDO’’) directed to ALJ. Epson, the Requesters, and the
Advisory Opinion Proceeding several domestic respondents. Office of Unfair Import Investigations
The Commission instituted Inv. No. are named as parties to the proceeding.
AGENCY: U.S. International Trade 337–TA–946 on January 27, 2015, based The Commission has also determined to
Commission. on a complaint filed by Epson. 80 FR deny Requesters’ motion for leave to file
ACTION: Notice. 4314–16 (Jan. 27, 2015). That complaint a reply.
alleged violations of section 337 of the
SUMMARY: Notice is hereby given that Tariff Act of 1930, as amended, 19 The authority for the Commission’s
the U.S. International Trade U.S.C. 1337, by reason of infringement determination is contained in section
Commission has determined to institute of certain claims of U.S. Patent Nos. 337 of the Tariff Act of 1930, as
an advisory opinion proceeding in the 8,366,233; 8,454,116; 8,794,749; amended (19 U.S.C. 1337), and in part
above-captioned investigations. 8,801,163; and 8,882,513. The 210 of the Commission’s Rules of
FOR FURTHER INFORMATION CONTACT: Commission’s notice of investigation Practice and Procedure (19 CFR part
Cathy Chen, Office of the General named numerous respondents. The 210).
sradovich on DSK3GMQ082PROD with NOTICES

Counsel, U.S. International Trade Office of Unfair Import Investigations By order of the Commission.
Commission, 500 E Street SW., participated in the investigation. All the Issued June 12, 2017.
Washington, DC 20436, telephone (202) participating respondents were
Lisa R. Barton,
205–2392. Copies of non-confidential terminated from the investigation as a
documents filed in connection with this result of settlement agreements and/or Secretary to the Commission.
investigation are or will be available for consent motion stipulations. A number [FR Doc. 2017–12487 Filed 6–15–17; 8:45 am]
inspection during official business of the named respondents defaulted. On BILLING CODE 7020–02–P

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Document Created: 2017-06-16 00:51:53
Document Modified: 2017-06-16 00:51:53

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		Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. Copies of non- confidential documents filed in connection with this investigation are or 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 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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation		82 FR 27723