82_FR_33652 82 FR 33514 - Sunshine Act Meeting

82 FR 33514 - Sunshine Act Meeting

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33514-33515
FR Document2017-15340

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33514-33515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15340]


-----------------------------------------------------------------------

 INTERNATIONAL TRADE COMMISSION

[USITC SE-17-030]


Sunshine Act Meeting

AGENCY HOLDING THE MEETING:  United States International Trade 
Commission.

TIME AND DATE:  July 27, 2017 at 11:00 a.m.

PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: 
(202) 205-2000.

STATUS:  Open to the public.

MATTERS TO BE CONSIDERED: 
    1. Agendas for future meetings: None.
    2. Minutes.
    3. Ratification List.
    4. Vote in Inv. Nos. 701-TA-563 and 731-TA-1331-1332 (Final) 
(Finished Carbon Steel Flanges from India and Italy). The Commission is 
currently scheduled to complete and file its determinations and views 
of the Commission by August 14, 2017.
    5. Vote in Inv. No. 731-TA-669 (Fourth Review) (Cased Pencils from 
China). The Commission is currently scheduled to complete and file its 
determination and views of the Commission by August 17, 2017.
    6. Outstanding action jackets: None.
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.


[[Page 33515]]


    By order of the Commission.

    Issued: July 17, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-15340 Filed 7-18-17; 11:15 am]
 BILLING CODE 7020-02-P



                                                    33514                          Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    Commission has subject matter                            ALJ’s finding that certain prior art does             U.S.C. 1337(d) and (f)) do not preclude
                                                    jurisdiction, in rem jurisdiction over the               not disclose the preamble to claim 1:                 issuance of the limited exclusion order
                                                    accused products, and in personam                        ‘‘Automatic depositing apparatus for                  or cease and desist orders. Finally, the
                                                    jurisdiction over Diebold. ID at 9, 104–                 automatically depositing a bundle of                  Commission has determined that a bond
                                                    107. The ID finds that Nautilus satisfied                banknotes including at least one                      in the amount of zero is required to
                                                    the importation requirement of section                   cheque.’’ The Commission adopts the                   permit temporary importation during
                                                    337 (19 U.S.C. 1337(a)(1)(B)). Id. The ID                ID’s findings to the extent they are not              the period of Presidential review (19
                                                    finds that the accused products directly                 inconsistent with the Commission                      U.S.C. 1337(j)) of automated teller
                                                    infringe asserted claims 1–3, 6, 8, and 9                opinion issued herewith.                              machines, ATM modules, components
                                                    of the ’235 patent, and that Diebold                        Having found a violation of section                thereof, and products containing the
                                                    contributorily infringes those claims.                   337 in this investigation, the                        same that are subject to the remedial
                                                    See ID at 111–160, 163–172. The ID,                      Commission has determined that the                    orders. The Commission’s orders and
                                                    however, finds that Diebold failed to                    appropriate form of relief is: (1) A                  opinion were delivered to the President
                                                    establish that the asserted claims of the                limited exclusion order prohibiting the               and to the United States Trade
                                                    ’235 patent are invalid for                              unlicensed entry of automated teller                  Representative on the day of their
                                                    indefiniteness, anticipation, or                         machines, ATM modules, components                     issuance.
                                                    obviousness. ID at 232–311. Finally, the                 thereof, and products containing the                     The authority for the Commission’s
                                                    ID finds that Nautilus established the                   same that infringe one or more of claims              determination is contained in section
                                                    existence of a domestic industry that                    1–3, 6, 8, and 9 of the ’235 patent that              337 of the Tariff Act of 1930, as
                                                    practices the asserted patent under 19                   are manufactured on or behalf of, or                  amended (19 U.S.C. 1337), and in Part
                                                    U.S.C. 1337(a)(2). See ID at 212.                        imported on or behalf of Diebold or any               210 of the Commission’s Rules of
                                                       The ALJ’s recommended                                 of their affiliated companies, parents,               Practice and Procedure (19 CFR part
                                                    determination on remedy and bonding                      subsidiaries, or other related business               210).
                                                    issued concurrently with the final ID.                   entities, or their successors or assigns,               By order of the Commission.
                                                    RD at 330–40. The ALJ recommends that                    except under license of the patent
                                                                                                                                                                     Issued: July 14, 2017.
                                                    in the event the Commission finds a                      owner or as provided by law, and except
                                                    violation of section 337, the                            for service or repair articles imported for           Lisa R. Barton,
                                                    Commission should issue a limited                        use in servicing or repairing automated               Secretary to the Commission.
                                                    exclusion order prohibiting the                          teller machines, ATM modules,                         [FR Doc. 2017–15200 Filed 7–19–17; 8:45 am]
                                                    importation of Diebold’s automated                       components thereof, and products                      BILLING CODE 7020–02–P
                                                    teller machines, ATM modules,                            containing the same, for identical
                                                    components thereof, and products                         articles that were imported as of the
                                                    containing the same that infringe the                    date of this Order. This exception does               INTERNATIONAL TRADE
                                                    asserted claims of the ’235 patent. RD at                not permit the importation of automated               COMMISSION
                                                    335. The ALJ also recommends issuance                    teller machines to replace such articles              [USITC SE–17–030]
                                                    of cease and desist orders based on the                  that were previously imported; and (2)
                                                    presence of Diebold’s commercially                       cease and desist orders prohibiting                   Sunshine Act Meeting
                                                    significant inventory in the United                      Diebold from conducting any of the
                                                    States. RD at 338. With respect to the                   following activities in the United States:            AGENCY HOLDING THE MEETING:     United
                                                    amount of bond that should be posted                     Importing, selling, marketing,                        States International Trade Commission.
                                                    during the period of Presidential review,                advertising, distributing, transferring               TIME AND DATE: July 27, 2017 at 11:00
                                                    the ALJ recommends that the                              (except for exportation), and soliciting              a.m.
                                                    Commission set a bond in the amount                      U.S. agents or distributors for,                      PLACE: Room 101, 500 E Street SW.,
                                                    of zero (i.e., no bond) during the period                automated teller machines, ATM                        Washington, DC 20436, Telephone:
                                                    of Presidential review because Nautilus                  modules, components thereof, and                      (202) 205–2000.
                                                    ‘‘did not attempt any type of price                      products containing the same covered                  STATUS: Open to the public.
                                                    comparison.’’ RD at 341.                                 by one or more of claims 1–3, 6, 8, and               MATTERS TO BE CONSIDERED:
                                                       On March 27, 2017, Diebold filed a                    9 of the ’235 patent. The proposed cease                 1. Agendas for future meetings: None.
                                                    petition for review of the ID. On April                  and desist orders include the following                  2. Minutes.
                                                    4, 2017, Nautilus filed a response to                    exemptions: if in a written instrument,                  3. Ratification List.
                                                    Diebold’s petition for review.                           the owner of the patents authorizes or                   4. Vote in Inv. Nos. 701–TA–563 and
                                                       On May 15, 2017, the Commission                       licenses such specific conduct, such                  731–TA–1331–1332 (Final) (Finished
                                                    determined to review the final ID in part                specific conduct is related to the                    Carbon Steel Flanges from India and
                                                    and requested the parties to brief certain               importation or sale of covered products               Italy). The Commission is currently
                                                    issues. See 82 FR 23064–66 (May 19,                      by or for the United States, or such                  scheduled to complete and file its
                                                    2017). On May 25, 2017, the parties                      specific conduct is related to service or             determinations and views of the
                                                    filed submissions to the Commission’s                    repair articles imported for use in                   Commission by August 14, 2017.
                                                    question and on remedy, the public                       servicing or repairing automated teller                  5. Vote in Inv. No. 731–TA–669
                                                    interest, and bonding. On June 1, 2017,                  machines, ATM modules, components                     (Fourth Review) (Cased Pencils from
                                                    the parties filed reply submissions.                     thereof, and products containing the                  China). The Commission is currently
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       Having examined the record of this                    same, for identical articles that were                scheduled to complete and file its
                                                    investigation, including the final ID, and               imported as of the date of this Order.                determination and views of the
                                                    the parties’ submissions, the                            This exception does not permit the                    Commission by August 17, 2017.
                                                    Commission has determined to (1)                         importation of automated teller                          6. Outstanding action jackets: None.
                                                    affirm the ALJ’s finding that the accused                machines to replace such articles that                   In accordance with Commission
                                                    products and domestic industry                           were previously imported.                             policy, subject matter listed above, not
                                                    products satisfy the claim limitation                       The Commission has also determined                 disposed of at the scheduled meeting,
                                                    ‘‘horizontally transfer sheets along the                 that the public interest factors                      may be carried over to the agenda of the
                                                    main transfer path’’ and (2) reverse the                 enumerated in section 337(d) and (f) (19              following meeting.


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                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                            33515

                                                      By order of the Commission.                            of the Secretary at 202–205–2000.                     Thursday, August 3, 2017, at the U.S.
                                                      Issued: July 17, 2017.                                 General information concerning the                    International Trade Commission
                                                    William R. Bishop,                                       Commission may also be obtained by                    Building, 500 E Street SW., Washington,
                                                    Supervisory Hearings and Information                     accessing its internet server (https://               DC. Requests to appear at the conference
                                                    Officer.                                                 www.usitc.gov). The public record for                 should be emailed to William.bishop@
                                                    [FR Doc. 2017–15340 Filed 7–18–17; 11:15 am]             this investigation may be viewed on the               usitc.gov and Sharon.bellamy@usitc.gov
                                                    BILLING CODE 7020–02–P
                                                                                                             Commission’s electronic docket (EDIS)                 (DO NOT FILE ON EDIS) on or before
                                                                                                             at https://edis.usitc.gov.                            August 1, 2017. Parties in support of the
                                                                                                             SUPPLEMENTARY INFORMATION:                            imposition of countervailing and
                                                    INTERNATIONAL TRADE                                         Background.—These investigations                   antidumping duties in these
                                                    COMMISSION                                               are being instituted, pursuant to                     investigations and parties in opposition
                                                                                                             sections 703(a) and 733(a) of the Tariff              to the imposition of such duties will
                                                    [Investigation Nos. 701–TA–583 and 731–                                                                        each be collectively allocated one hour
                                                    TA–1381 (Preliminary)]                                   Act of 1930 (19 U.S.C. 1671b(a) and
                                                                                                             1673b(a)), in response to a petition filed            within which to make an oral
                                                    Cast Iron Soil Pipe Fittings From                        on July 13, 2017, by the Cast Iron Soil               presentation at the conference. A
                                                    China; Institution of Antidumping and                    Pipe Institute, Mundelein, IL.                        nonparty who has testimony that may
                                                    Countervailing Duty Investigations and                      For further information concerning                 aid the Commission’s deliberations may
                                                    Scheduling of Preliminary Phase                          the conduct of these investigations and               request permission to present a short
                                                                                                             rules of general application, consult the             statement at the conference.
                                                    Investigations
                                                                                                                                                                      Written submissions.—As provided in
                                                                                                             Commission’s Rules of Practice and
                                                    AGENCY: United States International                                                                            sections 201.8 and 207.15 of the
                                                                                                             Procedure, part 201, subparts A and B
                                                    Trade Commission.                                                                                              Commission’s rules, any person may
                                                                                                             (19 CFR part 201), and part 207,
                                                    ACTION: Notice.                                                                                                submit to the Commission on or before
                                                                                                             subparts A and B (19 CFR part 207).
                                                                                                                                                                   August 8, 2017, a written brief
                                                                                                                Participation in the investigations and
                                                    SUMMARY:    The Commission hereby gives                                                                        containing information and arguments
                                                                                                             public service list.—Persons (other than
                                                    notice of the institution of investigations                                                                    pertinent to the subject matter of the
                                                                                                             petitioners) wishing to participate in the
                                                    and commencement of preliminary                                                                                investigations. Parties may file written
                                                                                                             investigations as parties must file an
                                                    phase antidumping and countervailing                                                                           testimony in connection with their
                                                                                                             entry of appearance with the Secretary                presentation at the conference. All
                                                    duty investigation Nos. 701–TA–583                       to the Commission, as provided in
                                                    and 731–TA–1381 (Preliminary)                                                                                  written submissions must conform with
                                                                                                             sections 201.11 and 207.10 of the                     the provisions of section 201.8 of the
                                                    pursuant to the Tariff Act of 1930 (‘‘the                Commission’s rules, not later than seven
                                                    Act’’) to determine whether there is a                                                                         Commission’s rules; any submissions
                                                                                                             days after publication of this notice in              that contain BPI must also conform with
                                                    reasonable indication that an industry                   the Federal Register. Industrial users
                                                    in the United States is materially                                                                             the requirements of sections 201.6,
                                                                                                             and (if the merchandise under                         207.3, and 207.7 of the Commission’s
                                                    injured or threatened with material                      investigation is sold at the retail level)
                                                    injury, or the establishment of an                                                                             rules. The Commission’s Handbook on
                                                                                                             representative consumer organizations                 E-Filing, available on the Commission’s
                                                    industry in the United States is                         have the right to appear as parties in
                                                    materially retarded, by reason of                                                                              Web site at https://www.usitc.gov/
                                                                                                             Commission antidumping duty and                       secretary/documents/handbook_on_
                                                    imports of cast iron soil pipe fittings                  countervailing duty investigations. The
                                                    from China, provided for in subheading                                                                         filing_procedures.pdf, elaborates upon
                                                                                                             Secretary will prepare a public service               the Commission’s rules with respect to
                                                    7307.11.00 of the Harmonized Tariff                      list containing the names and addresses
                                                    Schedule of the United States, that are                                                                        electronic filing.
                                                                                                             of all persons, or their representatives,                In accordance with sections 201.16(c)
                                                    alleged to be sold in the United States                  who are parties to these investigations
                                                    at less than fair value and alleged to be                                                                      and 207.3 of the rules, each document
                                                                                                             upon the expiration of the period for                 filed by a party to the investigations
                                                    subsidized by the Government of China.                   filing entries of appearance.
                                                    Unless the Department of Commerce                                                                              must be served on all other parties to
                                                                                                                Limited disclosure of business                     the investigations (as identified by
                                                    extends the time for initiation, the                     proprietary information (BPI) under an
                                                    Commission must reach a preliminary                                                                            either the public or BPI service list), and
                                                                                                             administrative protective order (APO)                 a certificate of service must be timely
                                                    determination in antidumping and                         and BPI service list.—Pursuant to
                                                    countervailing duty investigations in 45                                                                       filed. The Secretary will not accept a
                                                                                                             section 207.7(a) of the Commission’s                  document for filing without a certificate
                                                    days, or in this case by August 28, 2017.                rules, the Secretary will make BPI                    of service.
                                                    The Commission’s views must be                           gathered in these investigations                         Certification.—Pursuant to section
                                                    transmitted to Commerce within five                      available to authorized applicants                    207.3 of the Commission’s rules, any
                                                    business days thereafter, or by                          representing interested parties (as                   person submitting information to the
                                                    September 5, 2017.                                       defined in 19 U.S.C. 1677(9)) who are                 Commission in connection with these
                                                    DATES: July 13, 2017.                                    parties to the investigations under the               investigations must certify that the
                                                    FOR FURTHER INFORMATION CONTACT:                         APO issued in the investigations,                     information is accurate and complete to
                                                    Amelia Shister ((202) 205–2047), Office                  provided that the application is made                 the best of the submitter’s knowledge. In
                                                    of Investigations, U.S. International                    not later than seven days after the                   making the certification, the submitter
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Trade Commission, 500 E Street SW.,                      publication of this notice in the Federal             will acknowledge that any information
                                                    Washington, DC 20436. Hearing-                           Register. A separate service list will be             that it submits to the Commission
                                                    impaired persons can obtain                              maintained by the Secretary for those                 during these investigations may be
                                                    information on this matter by contacting                 parties authorized to receive BPI under               disclosed to and used: (i) By the
                                                    the Commission’s TDD terminal on 202–                    the APO.                                              Commission, its employees and Offices,
                                                    205–1810. Persons with mobility                             Conference.—The Commission’s                       and contract personnel (a) for
                                                    impairments who will need special                        Director of Investigations has scheduled              developing or maintaining the records
                                                    assistance in gaining access to the                      a conference in connection with these                 of these or related investigations or
                                                    Commission should contact the Office                     investigations for 9:30 a.m. on                       reviews, or (b) in internal investigations,


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Document Created: 2017-07-20 06:57:38
Document Modified: 2017-07-20 06:57:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesJuly 27, 2017 at 11:00 a.m.
FR Citation82 FR 33514 

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