82 FR 27871 - Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Issuance of a Limited Exclusion Order Against Three Respondents Found in Default; Issuance of a Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 116 (June 19, 2017)

Page Range		27871-27872
FR Document		2017-12689

Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order (``LEO'') against certain products of Medsource International Co., Ltd.; Medsource Factory, Inc.; and Basic Medical Supply, LLC. The Commission has also issued a cease and desist order (``CDO'') against respondent Basic Medical Supply, LLC. The investigation is terminated.

Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)

[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27871-27872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12689]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1008]


Certain Carbon Spine Board, Cervical Collar, CPR Masks and 
Various Medical Training Manikin Devices, and Trademarks, Copyrights of 
Product Catalogues, Product Inserts and Components Thereof; Issuance of 
a Limited Exclusion Order Against Three Respondents Found in Default; 
Issuance of a Cease and Desist Order; Termination of the Investigation

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 issued a limited exclusion order (``LEO'') against 
certain products of Medsource International Co., Ltd.; Medsource 
Factory, Inc.; and Basic Medical Supply, LLC. The Commission has also 
issued a cease and desist order (``CDO'') against respondent Basic 
Medical Supply, LLC. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 (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 this investigation 
on June 24, 2016, based on an amended complaint, as supplemented, filed 
by Laerdal Medical Corp. of Wappingers Falls, New York, and Laerdal 
Medical AS of Stavanger, Norway (together, ``Laerdal''). 81 FR 41349-
50. The investigation was instituted to determine whether there is a 
violation of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain carbon spine board, cervical collar, CPR 
masks, various medical training manikin devices, trademarks, copyrights 
of product catalogues and products inserts, and components thereof by 
reason of one or more of: (1) Infringement of claim 1 of U.S. Patent 
No. 6,090,058 (``the '058 patent''); (2) infringement of U.S. Trademark 
Registration No. 3,476,656 (``the '656 mark''); (3) infringement of 
U.S. Copyright Registration Nos. VA 1-879-023 or VA 1-879-026 (``the 
'023 and '026 copyrights''); and (4) infringement and misappropriation 
of certain Laerdal trade dresses. Id. at 41349. The Commission's notice 
of investigation named as respondents Shanghai Evenk International 
Trading Co., Ltd., Shanghai Honglian Medical Instrument Development 
Co., Ltd., and Shanghai Jolly Medical Education Co., Ltd., all of 
Shanghai, China; Zhangjiagang Xiehe Medical Apparatus & Instruments 
Co., Ltd., Zhangjiagang New Fellow Med Co., Ltd., Jiangsu Yongxin 
Medical Equipment Co., Ltd., and Jiangsu Yongxin Medical-Use Facilities 
Making, Co., Ltd, all of Zhangjiagang City, China; Jiangyin Everise 
Medical Devices Co., Ltd., of Jiangyin City, China; Medsource 
International Co., Ltd. (``Medsource International'') and Medsource 
Factory, Inc. (``Medsource Factory''), both of PuDong, China; and Basic 
Medical Supply, LLC (``Basic Medical'') of Richmond, Texas 
(collectively, ``Respondents''). Id. at 41350. The Office of Unfair 
Import Investigations (``OUII'') was also named as a party. Id.
    On November 7, 2016, the presiding administrative law judge 
(``ALJ'') ordered all of the respondents to show cause why they should 
not be held in default for failing to respond to the amended complaint 
and Notice of Investigation, and set a response deadline of November 
14, 2016. Order No. 5. No responses were filed. On November 21, 2016, 
the ALJ issued an initial determination (Order No. 6) finding all 
respondents in default pursuant to Commission Rules 210.16 and 210.17. 
No petitions for review of the ID were filed. On December 20, 2016, the 
Commission determined not review the ID, and sought submission from the 
parties and the public on remedy, the public interest, and bonding.
    The Commission received responsive submissions from Laerdal and 
OUII on January 5, 2017, and reply submissions from Laerdal and OUII on 
January 10, 2017. The submissions agreed that the appropriate remedy is 
the entry of a

[[Page 27872]]

limited exclusion order against all respondents and the entry of a 
cease and desist order against Basic Medical, that the public interest 
factors do not weigh against granting these remedial orders, and that 
bonding should be set at 100 percent of the entered value of the 
infringing products.
    The Commission finds that the statutory requirements of section 
337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(a)(1) (19 
CFR 210.16(a)(1)) are met with respect to all respondents. Pursuant to 
section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) 
(19 CFR 210.16(c)), the Commission presumes the facts alleged in the 
complaint to be true. The Commission finds that Laerdal's amended 
complaint sufficiently alleged a violation of section 337 by Medsource 
International, Medsource Factory, and Basic Medical with respect to 
claim 1 of the '058 patent and the '656 mark. The Commission, however, 
finds that even when the factual allegations of Laerdal's amended 
complaint are presumed true, Laerdal has not shown a violation of 
section 337 with respect to the '023 copyright, the '026 copyright, the 
trade dresses, or any of the other respondents.
    The Commission has determined that the appropriate form of relief 
in this investigation is: (a) A limited exclusion order against 
Medsource International, Medsource Factory, and Basic Medical 
prohibiting the unlicensed entry of cervical collars that infringe 
claim 1 of the '058 patent and CPR masks that infringe the '656 mark; 
and (b) an order that Basic Medical cease and desist from importing, 
selling, offering for sale, marketing, advertising, distributing, 
offering for sale, transferring (except for exportation), or soliciting 
U.S. agents or distributors of imported cervical collars that infringe 
claim 1 of the '058 patent and CPR masks that infringe the '656 mark. 
The Commission has further determined that the public interest factors 
enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude 
the issuance of the limited exclusion order and cease and desist order. 
Finally, the Commission has determined that the bond for importation 
during the period of Presidential review shall be in the amount of 100 
percent of the entered value of the imported subject articles of the 
respondents. The investigation is terminated.
    The Commission's orders and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    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 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12689 Filed 6-16-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices 27871

startup cost components or annual INTERNATIONAL TRADE United States, the sale for importation,
operation, maintenance, and purchase COMMISSION and the sale within the United States
of service components. You should after importation of certain carbon spine
[Investigation No. 337–TA–1008]
describe the methods that you use to board, cervical collar, CPR masks,
estimate (1) major cost factors, including Certain Carbon Spine Board, Cervical various medical training manikin
system and technology acquisition, (2) Collar, CPR Masks and Various devices, trademarks, copyrights of
expected useful life of capital Medical Training Manikin Devices, and product catalogues and products inserts,
equipment, (3) discount rate(s), and (4) Trademarks, Copyrights of Product and components thereof by reason of
the period over which you incur costs. Catalogues, Product Inserts and one or more of: (1) Infringement of claim
Capital and startup costs include, Components Thereof; Issuance of a 1 of U.S. Patent No. 6,090,058 (‘‘the ’058
among other items, computers and Limited Exclusion Order Against Three patent’’); (2) infringement of U.S.
software that you purchase to prepare Trademark Registration No. 3,476,656
Respondents Found in Default;
for collecting information; monitoring, (‘‘the ’656 mark’’); (3) infringement of
Issuance of a Cease and Desist Order;
sampling, and testing equipment; and U.S. Copyright Registration Nos. VA 1–
Termination of the Investigation
record storage facilities. Generally, your 879–023 or VA 1–879–026 (‘‘the ’023
estimates should not include equipment AGENCY: U.S. International Trade and ’026 copyrights’’); and (4)
or services purchased: (i) Before October Commission. infringement and misappropriation of
1, 1995; (ii) to comply with ACTION: Notice. certain Laerdal trade dresses. Id. at
requirements not associated with the 41349. The Commission’s notice of
information collection; (iii) for reasons SUMMARY: Notice is hereby given that investigation named as respondents
other than to provide information or the U.S. International Trade Shanghai Evenk International Trading
keep records for the Federal Commission has issued a limited Co., Ltd., Shanghai Honglian Medical
government; or (iv) as part of customary exclusion order (‘‘LEO’’) against certain Instrument Development Co., Ltd., and
and usual business or private practices. products of Medsource International Shanghai Jolly Medical Education Co.,
Co., Ltd.; Medsource Factory, Inc.; and Ltd., all of Shanghai, China;
We will summarize written responses Zhangjiagang Xiehe Medical Apparatus
Basic Medical Supply, LLC. The
to this notice and address them in our & Instruments Co., Ltd., Zhangjiagang
Commission has also issued a cease and
ICR submission for OMB approval, New Fellow Med Co., Ltd., Jiangsu
desist order (‘‘CDO’’) against respondent
including appropriate adjustments to Yongxin Medical Equipment Co., Ltd.,
Basic Medical Supply, LLC. The
the estimated burden. We will provide and Jiangsu Yongxin Medical-Use
investigation is terminated.
a copy of the ICR to you without charge Facilities Making, Co., Ltd, all of
upon request. We also will post the ICR FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General Zhangjiagang City, China; Jiangyin
at http://www.onrr.gov/Laws_R_D/ Everise Medical Devices Co., Ltd., of
FRNotices/ICR0122.htm. Counsel, U.S. International Trade
Commission, 500 E Street SW., Jiangyin City, China; Medsource
Public Comment Policy: ONRR will Washington, DC 20436, telephone (202) International Co., Ltd. (‘‘Medsource
post all comments, including names and 708–5468. Copies of non-confidential International’’) and Medsource Factory,
addresses of respondents at http:// documents filed in connection with this Inc. (‘‘Medsource Factory’’), both of
www.regulations.gov. Before including investigation are or will be available for PuDong, China; and Basic Medical
Personally Identifiable Information (PII), inspection during official business Supply, LLC (‘‘Basic Medical’’) of
such as your address, phone number, hours (8:45 a.m. to 5:15 p.m.) in the Richmond, Texas (collectively,
email address, or other personal Office of the Secretary, U.S. ‘‘Respondents’’). Id. at 41350. The Office
information in your comment(s), you International Trade Commission, 500 E of Unfair Import Investigations (‘‘OUII’’)
should be aware that your entire Street SW., Washington, DC 20436, was also named as a party. Id.
comment (including PII) may be made On November 7, 2016, the presiding
telephone (202) 205–2000. General
available to the public at any time. administrative law judge (‘‘ALJ’’)
information concerning the Commission
While you may ask us, in your ordered all of the respondents to show
may also be obtained by accessing its
comment, to withhold PII from public cause why they should not be held in
Internet server (https://www.usitc.gov). default for failing to respond to the
view, we cannot guarantee that we will The public record for this investigation
be able to do so. amended complaint and Notice of
may be viewed on the Commission’s Investigation, and set a response
ONRR Information Collection electronic docket (EDIS) at https:// deadline of November 14, 2016. Order
Coordinator: Jeffrey Parrillo (202) 208– edis.usitc.gov. Hearing-impaired No. 5. No responses were filed. On
7072. persons are advised that information on November 21, 2016, the ALJ issued an
this matter can be obtained by initial determination (Order No. 6)
Authority
contacting the Commission’s TDD finding all respondents in default
The authorities for this action are the terminal on (202) 205–1810. pursuant to Commission Rules 210.16
Mineral Leasing Act of 1920 (30 U.S.C. SUPPLEMENTARY INFORMATION: The and 210.17. No petitions for review of
192), Outer Continental Shelf Lands Act Commission instituted this investigation the ID were filed. On December 20,
(43 U.S.C. 1353), Indian Mineral on June 24, 2016, based on an amended 2016, the Commission determined not
Development Act of 1982 (Pub. L. 97– complaint, as supplemented, filed by review the ID, and sought submission
asabaliauskas on DSKBBXCHB2PROD with NOTICES

382—Dec. 22, 1982), and the Paperwork Laerdal Medical Corp. of Wappingers from the parties and the public on
Reduction Act of 1995 (44 U.S.C. 3501 Falls, New York, and Laerdal Medical remedy, the public interest, and
et seq.). AS of Stavanger, Norway (together, bonding.
‘‘Laerdal’’). 81 FR 41349–50. The The Commission received responsive
Gregory J. Gould, investigation was instituted to submissions from Laerdal and OUII on
Director, Office of Natural Resources determine whether there is a violation January 5, 2017, and reply submissions
Revenue. of section 337 of the Tariff Act of 1930, from Laerdal and OUII on January 10,
[FR Doc. 2017–12596 Filed 6–16–17; 8:45 am] as amended, 19 U.S.C. 1337 (‘‘section 2017. The submissions agreed that the
BILLING CODE 4335–30–P 337’’), in the importation into the appropriate remedy is the entry of a

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27872 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

limited exclusion order against all amended (19 U.S.C. 1337), and in Part DEPARTMENT OF JUSTICE
respondents and the entry of a cease and 210 of the Commission’s Rules of
desist order against Basic Medical, that Practice and Procedure (19 CFR part National Institute of Justice
the public interest factors do not weigh 210). [OMB Number 1121–NEW]
against granting these remedial orders,
By order of the Commission.
and that bonding should be set at 100 Agency Information Collection
percent of the entered value of the Issued: June 14, 2017.
Activities: Proposed New Information
infringing products. Lisa R. Barton, Collection Activity; Comment Request,
The Commission finds that the Secretary to the Commission. Proposed Study Entitled ‘‘Evaluation of
statutory requirements of section [FR Doc. 2017–12689 Filed 6–16–17; 8:45 am] the Bureau of Justice Assistance
337(g)(1) (19 U.S.C. 1337(g)(1)) and Sexual Assault Kit Initiative’’
BILLING CODE 7020–02–P
Commission Rule 210.16(a)(1) (19 CFR
210.16(a)(1)) are met with respect to all AGENCY: National Institute of Justice,
respondents. Pursuant to section U.S. Department of Justice
337(g)(1) (19 U.S.C. 1337(g)(1)) and ACTION: 60-day notice.
DEPARTMENT OF JUSTICE
Commission Rule 210.16(c) (19 CFR
210.16(c)), the Commission presumes SUMMARY: The Department of Justice
the facts alleged in the complaint to be [CPCLO Order No. 001–2017] (DOJ), Office of Justice Programs,
true. The Commission finds that National Institute of Justice, will be
Laerdal’s amended complaint Privacy Act of 1974; Systems of submitting the following information
sufficiently alleged a violation of section Records; Correction collection request to the Office of
337 by Medsource International, Management and Budget (OMB) for
Medsource Factory, and Basic Medical AGENCY: United States Department of review and approval in accordance with
with respect to claim 1 of the ’058 Justice. the Paperwork Reduction Act of 1995.
patent and the ’656 mark. The ACTION: Notice; correction. DATES: Comments are encouraged and
Commission, however, finds that even will be accepted for 60 days until
when the factual allegations of Laerdal’s SUMMARY: The Department of Justice August 18, 2017.
amended complaint are presumed true, (Department or DOJ) published a notice FOR FURTHER INFORMATION CONTACT: If
Laerdal has not shown a violation of you have additional comments
in the Federal Register, 82 FR 25812, on
section 337 with respect to the ’023 especially on the estimated public
copyright, the ’026 copyright, the trade June 5, 2017, concerning a System of
Records Notice (SORN) for a new DOJ burden or associated response time,
dresses, or any of the other respondents. suggestions, or need a copy of the
The Commission has determined that system of records titled, ‘‘DOJ Insider
Threat Program Records (ITPR),’’ proposed information collection
the appropriate form of relief in this instrument with instructions or
investigation is: (a) A limited exclusion JUSTICE/DOJ–018. The document
additional information, please contact
order against Medsource International, contains two incorrect SORN reference
Christine Crossland, National Institute
Medsource Factory, and Basic Medical numbers. References to JUSTICE/DOJ–
of Justice, Office of Research &
prohibiting the unlicensed entry of 001 should be replaced by JUSTICE/
Evaluation, 810 Seventh Street NW.,
cervical collars that infringe claim 1 of DOJ–018. Washington, DC 20531 (overnight
the ’058 patent and CPR masks that 20001) or via email at
infringe the ’656 mark; and (b) an order FOR FURTHER INFORMATION CONTACT: Beth
Zelman, Attorney Advisor, 202–305– christine.crossland@ojp.usdoj.gov.
that Basic Medical cease and desist from
importing, selling, offering for sale, 9318. SUPPLEMENTARY INFORMATION: This
marketing, advertising, distributing, process is conducted in accordance with
Correction: 5 CFR 1320.10. Written comments and
offering for sale, transferring (except for
exportation), or soliciting U.S. agents or In the Federal Register of June 5, suggestions from the public and affected
distributors of imported cervical collars 2017, in FR Doc. 2017–11445, on page agencies concerning the proposed
that infringe claim 1 of the ’058 patent 25813, in the SORN title and the collection of information are
and CPR masks that infringe the ’656 ‘‘SYSTEM NAME AND NUMBER’’ encouraged. Your comments should
mark. The Commission has further address one or more of the following
section, correct the DOJ SORN reference
determined that the public interest four points:
number to read:
factors enumerated in section 337(g)(1) —Evaluate whether the proposed
(19 U.S.C. 1337(g)(1)) do not preclude JUSTICE/DOJ–018 collection of information is necessary
the issuance of the limited exclusion for the proper performance of the
order and cease and desist order. SYSTEM NAME AND NUMBER: functions of the National Institute of
Finally, the Commission has determined Justice, including whether the
DOJ Insider Threat Program Records
that the bond for importation during the information will have practical utility;
(ITPR), JUSTICE/DOJ–018.
period of Presidential review shall be in —Evaluate the accuracy of the agency’s
the amount of 100 percent of the entered Dated: June 12, 2017. estimate of the burden of the
value of the imported subject articles of Peter A. Winn, proposed collection of information,
asabaliauskas on DSKBBXCHB2PROD with NOTICES

the respondents. The investigation is Acting Chief Privacy and Civil Liberties including the validity of the
terminated. Officer, United States Department of Justice. methodology and assumptions used;
The Commission’s orders and opinion [FR Doc. 2017–12703 Filed 6–16–17; 8:45 am] —Evaluate whether, and if so how, the
were delivered to the President and the quality, utility, and clarity of the
BILLING CODE 4410–NW–P
United States Trade Representative on information to be collected can be
the day of their issuance. enhanced; and
The authority for the Commission’s —Minimize the burden of the collection
determination is contained in section of information on those who are to
337 of the Tariff Act of 1930, as respond, including through the use of

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Document Created: 2017-06-17 01:48:10
Document Modified: 2017-06-17 01:48:10

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		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. 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 (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 27871