82 FR 35823 - Certain X-Ray Breast Imaging Devices and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 146 (August 1, 2017)
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35823-35824 | |
| FR Document | 2017-16112 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Notices] [Pages 35823-35824] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16112] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1063] Certain X-Ray Breast Imaging Devices 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 June 28, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Hologic, Inc. of Marlborough, Massachusetts. A supplement was filed on July 10, 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 x- ray breast imaging devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,831,296 (``the '296 patent''); U.S. Patent No. 8,452,379 (``the '379 patent''); U.S. Patent No. 7,688,940 (``the '940 patent''); U.S. Patent No. 7,986,765 (``the '765 patent''); and U.S. Patent No. 7,123,684 (``the '684 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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 [[Page 35824]] 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: 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 July 26, 2017, ordered that-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain x-ray breast imaging devices and components thereof by reason of infringement of one or more of claims 23-25, 33, 35, 36, 39, 40, 42, and 44 of the '296 patent; claims 1, 4, and 6-11 of the '379 patent; claims 1, 2, 4, 5, 15, 22, and 23 of the '940 patent; claims 10-15 of the '765 patent; and claims 11, 29, 32, 41, and 44 of the '684 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 complainant is: Hologic, Inc., 250 Campus Drive, Marlborough, MA 01752. (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 Corporation, 9-7-3 Akasaka Minato-ku, Tokyo, Japan 107-0052. FUJIFILM Medical Systems USA, Inc., 419 West Avenue, Stamford, CT 06902. FUJIFILM Techno Products Co., Ltd., Factory Hanamaki Site, 2-1-3 Kitayuguchi Hanamaki-Shi Iwate, Japan 025-0301. (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: July 26, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-16112 Filed 7-31-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices 35823
If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject
trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject
information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from
the firms in which your workers are (11) If you are a producer, an exporter, other countries.
employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of
association. producers or exporters of the Subject whether you agree with the above
(a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product
known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree
total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions,
Like Product accounted for by your product during calendar year 2016 please explain why and provide
firm’s(s’) production; (report quantity data in short tons and alternative definitions.
(b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and Authority: This proceeding is being
produce the Domestic Like Product (that duty-paid at the U.S. port but not conducted under authority of title VII of the
is, the level of production that your including antidumping duties). If you Tariff Act of 1930; this notice is published
establishment(s) could reasonably have are a trade/business association, provide pursuant to section 207.61 of the
expected to attain during the year, the information, on an aggregate basis, Commission’s rules.
assuming normal operating conditions for the firms which are members of your By order of the Commission.
(using equipment and machinery in association. Issued: July 25, 2017.
place and ready to operate), normal (a) Production (quantity) and, if Lisa R. Barton,
operating levels (hours per week/weeks known, an estimate of the percentage of Secretary to the Commission.
per year), time for downtime, total production of Subject Merchandise [FR Doc. 2017–15935 Filed 7–31–17; 8:45 am]
maintenance, repair, and cleanup, and a in the Subject Country accounted for by
BILLING CODE 7020–02–P
typical or representative product mix); your firm’s(s’) production;
(c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s)
commercial shipments of the Domestic to produce the Subject Merchandise in INTERNATIONAL TRADE
Like Product produced in your U.S. the Subject Country (that is, the level of COMMISSION
plant(s); production that your establishment(s)
(d) the quantity and value of U.S. could reasonably have expected to [Investigation No. 337–TA–1063]
internal consumption/company attain during the year, assuming normal
transfers of the Domestic Like Product operating conditions (using equipment Certain X-Ray Breast Imaging Devices
and machinery in place and ready to and Components Thereof; Institution
produced in your U.S. plant(s); and
(e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours of Investigation
of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for AGENCY: U.S. International Trade
(iv) selling, general and administrative downtime, maintenance, repair, and Commission.
(SG&A) expenses, and (v) operating cleanup, and a typical or representative ACTION: Notice.
income of the Domestic Like Product product mix); and
produced in your U.S. plant(s) (include (c) the quantity and value of your SUMMARY: Notice is hereby given that a
both U.S. and export commercial sales, firm’s(s’) exports to the United States of complaint was filed with the U.S.
internal consumption, and company Subject Merchandise and, if known, an International Trade Commission on June
transfers) for your most recently estimate of the percentage of total 28, 2017, under section 337 of the Tariff
completed fiscal year (identify the date exports to the United States of Subject Act of 1930, as amended, on behalf of
on which your fiscal year ends). Merchandise from the Subject Country Hologic, Inc. of Marlborough,
(10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. Massachusetts. A supplement was filed
trade/business association of U.S. (12) Identify significant changes, if on July 10, 2017. The complaint, as
importers of the Subject Merchandise any, in the supply and demand supplemented, alleges violations of
from the Subject Country, provide the conditions or business cycle for the section 337 based upon the importation
following information on your firm’s(s’) Domestic Like Product that have into the United States, the sale for
operations on that product during occurred in the United States or in the importation, and the sale within the
calendar year 2016 (report quantity data market for the Subject Merchandise in United States after importation of
in short tons and value data in U.S. the Subject Country after 2011, and certain x-ray breast imaging devices and
dollars). If you are a trade/business significant changes, if any, that are components thereof by reason of
association, provide the information, on likely to occur within a reasonably infringement of certain claims of U.S.
an aggregate basis, for the firms which foreseeable time. Supply conditions to Patent No. 7,831,296 (‘‘the ’296 patent’’);
are members of your association. consider include technology; U.S. Patent No. 8,452,379 (‘‘the ’379
(a) The quantity and value (landed, production methods; development patent’’); U.S. Patent No. 7,688,940 (‘‘the
duty-paid but not including efforts; ability to increase production ’940 patent’’); U.S. Patent No. 7,986,765
antidumping duties) of U.S. imports (including the shift of production (‘‘the ’765 patent’’); and U.S. Patent No.
and, if known, an estimate of the facilities used for other products and the 7,123,684 (‘‘the ’684 patent’’). The
percentage of total U.S. imports of use, cost, or availability of major inputs complaint further alleges that an
Subject Merchandise from the Subject into production); and factors related to industry in the United States exists as
Country accounted for by your firm’s(s’) the ability to shift supply among required by the applicable Federal
imports; different national markets (including Statute.
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(b) the quantity and value (f.o.b. U.S. barriers to importation in foreign The complainant requests that the
port, including antidumping duties) of markets or changes in market demand Commission institute an investigation
U.S. commercial shipments of Subject abroad). Demand conditions to consider and, after the investigation, issue a
Merchandise imported from the Subject include end uses and applications; the limited exclusion order and cease and
Country; and existence and availability of substitute desist orders.
(c) the quantity and value (f.o.b. U.S. products; and the level of competition ADDRESSES: The complaint, except for
port, including antidumping duties) of among the Domestic Like Product any confidential information contained
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![35824 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
therein, is available for inspection recommended determination on this Issued: July 26, 2017.
during official business hours (8:45 a.m. issue, which shall be limited to the Lisa R. Barton,
to 5:15 p.m.) in the Office of the statutory public interest factors set forth Secretary to the Commission.
Secretary, U.S. International Trade in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); [FR Doc. 2017–16112 Filed 7–31–17; 8:45 am]
Commission, 500 E Street SW., Room (3) For the purpose of the BILLING CODE 7020–02–P
112, Washington, DC 20436, telephone investigation so instituted, the following
(202) 205–2000. Hearing impaired are hereby named as parties upon which
individuals are advised that information this notice of investigation shall be
on this matter can be obtained by served: DEPARTMENT OF JUSTICE
contacting the Commission’s TDD (a) The complainant is: Hologic, Inc.,
terminal on (202) 205–1810. Persons 250 Campus Drive, Marlborough, MA Antitrust Division
with mobility impairments who will 01752.
need special assistance in gaining access (b) The respondents are the following Notice Pursuant to the National
to the Commission should contact the entities alleged to be in violation of Cooperative Research and Production
Office of the Secretary at (202) 205– section 337, and are the parties upon Act of 1993—Integrated Photonics
2000. General information concerning which the complaint is to be served: Institute for Manufacturing Innovation
the Commission may also be obtained FUJIFILM Corporation, 9–7–3 Akasaka Operating Under the Name of the
by accessing its internet server at Minato-ku, Tokyo, Japan 107–0052. American Institute for Manufacturing
https://www.usitc.gov. The public FUJIFILM Medical Systems USA, Inc., Integrated Photonics
record for this investigation may be 419 West Avenue, Stamford, CT
viewed on the Commission’s electronic 06902. Notice is hereby given that, on June
docket (EDIS) at https://edis.usitc.gov. FUJIFILM Techno Products Co., Ltd., 19, 2017, pursuant to Section 6(a) of the
FOR FURTHER INFORMATION CONTACT: Factory Hanamaki Site, 2–1–3 National Cooperative Research and
Pathenia M. Proctor, The Office of Kitayuguchi Hanamaki-Shi Iwate, Production Act of 1993, 15 U.S.C. 4301
Unfair Import Investigations, U.S. Japan 025–0301. et seq. (‘‘the Act’’), the Integrated
International Trade Commission, (c) The Office of Unfair Import Photonics Institute for Manufacturing
telephone (202) 205–2560. Investigations, U.S. International Trade Innovation operating under the name of
Commission, 500 E Street SW., Suite the American Institute for
SUPPLEMENTARY INFORMATION:
Authority: The authority for 401, Washington, DC 20436; and Manufacturing Integrated Photonics
institution of this investigation is (4) For the investigation so instituted, (‘‘AIM Photonics’’) has filed written
contained in section 337 of the Tariff the Chief Administrative Law Judge, notifications simultaneously with the
Act of 1930, as amended, 19 U.S.C. 1337 U.S. International Trade Commission, Attorney General and the Federal Trade
and in section 210.10 of the shall designate the presiding Commission disclosing changes in its
Commission’s Rules of Practice and Administrative Law Judge. membership. The notifications were
Procedure, 19 CFR 210.10 (2017). Responses to the complaint and the filed for the purpose of extending the
notice of investigation must be Act’s provisions limiting the recovery of
Scope of Investigation: Having antitrust plaintiffs to actual damages
considered the complaint, the U.S. submitted by the named respondents in
accordance with section 210.13 of the under specified circumstances.
International Trade Commission, on Specifically, GE Global Research,
July 26, 2017, ordered that— Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to Niskayuna, NY; Cisco Systems, Inc., San
(1) Pursuant to subsection (b) of Jose, CA; AIXTRON SE, Sunnyvale, CA;
section 337 of the Tariff Act of 1930, as 19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the Toppan Photomasks, Inc., Round Rock,
amended, an investigation be instituted TX; Ortho Clinical Diagnostics,
to determine whether there is a Commission if received not later than 20
days after the date of service by the Rochester, NY; OndaVia, Inc., Hayward,
violation of subsection (a)(1)(B) of CA; Lockheed Martin Corporation,
section 337 in the importation into the Commission of the complaint and the
notice of investigation. Extensions of Bethesda, MA; The University of Akron,
United States, the sale for importation, Akron, OH; MIT Lincoln Laboratory,
or the sale within the United States after time for submitting responses to the
complaint and the notice of Lexington, MA; and Hamamatsu
importation of certain x-ray breast Corporation, Bridgewater, NJ, have been
imaging devices and components investigation will not be granted unless
good cause therefor is shown. added as parties to this venture.
thereof by reason of infringement of one
Failure of a respondent to file a timely No other changes have been made in
or more of claims 23–25, 33, 35, 36, 39,
response to each allegation in the either the membership or planned
40, 42, and 44 of the ’296 patent; claims
complaint and in this notice may be activity of the group research project.
1, 4, and 6–11 of the ’379 patent; claims
deemed to constitute a waiver of the Membership in this group research
1, 2, 4, 5, 15, 22, and 23 of the ’940
right to appear and contest the project remains open, and AIM
patent; claims 10–15 of the ’765 patent;
allegations of the complaint and this Photonics intends to file additional
and claims 11, 29, 32, 41, and 44 of the
notice, and to authorize the written notifications disclosing all
’684 patent, and whether an industry in
administrative law judge and the changes in membership.
the United States exists as required by
subsection (a)(2) of section 337; Commission, without further notice to On June 16, 2016, AIM Photonics
(2) Pursuant to Commission Rule the respondent, to find the facts to be as filed its original notification pursuant to
210.50(b)(1), 19 CFR 210.50(b)(1), the alleged in the complaint and this notice Section 6(a) of the Act. The Department
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presiding administrative law judge shall and to enter an initial determination of Justice published a notice in the
take evidence or other information and and a final determination containing Federal Register pursuant to Section
hear arguments from the parties and such findings, and may result in the 6(b) of the Act on July 25, 2016 (81 FR
other interested persons with respect to issuance of an exclusion order or a cease 48450).
the public interest in this investigation, and desist order or both directed against The last notification was filed with
as appropriate, and provide the the respondent. the Department on March 22, 2017. A
Commission with findings of fact and a By order of the Commission. notice was published in the Federal
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Document Created: 2018-10-24 11:43:38
Document Modified: 2018-10-24 11:43:38
| 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 | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 82 FR 35823 |
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