82 FR 40596 - Certain Magnetic Tape Cartridges and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Unopposed Motion To Amend the Complaint and Notice of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 164 (August 25, 2017)

Page Range		40596-40597
FR Document		2017-18044

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 16) granting complainant's unopposed motion for leave to amend the complaint and notice of investigation to reflect a corporate reorganization of complainant Sony Storage Media and Devices Corporation.

Federal Register, Volume 82 Issue 164 (Friday, August 25, 2017)

[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40596-40597]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18044]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1036]


Certain Magnetic Tape Cartridges and Components Thereof; Notice 
of Commission Decision Not To Review an Initial Determination Granting 
Complainant's Unopposed Motion To Amend the Complaint and Notice of 
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 determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 16) 
granting complainant's unopposed motion for leave to amend the 
complaint and notice of investigation to reflect a corporate 
reorganization of complainant Sony Storage Media and Devices 
Corporation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential

[[Page 40597]]

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 TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on January 24, 2017, based on a complaint filed by Sony Corporation of 
Tokyo, Japan; Sony Storage Media and Devices Corporation of Tagajo, 
Japan (``SSMD''); Sony DADC US Inc. of Terre Haute, Indiana; and Sony 
Latin America Inc. of Miami, Florida (collectively, ``Sony''), alleging 
a violation of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''). 82 FR 8209-10 (Jan 24, 2017). The 
complaint, as supplemented, alleges violations of section 337 by reason 
of infringement of certain claims of U.S. Patent Nos. 6,345,779; 
6,896,959; 7,016,137; and 7,115,331 (collectively, ``the patents-in-
suit''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337. The 
notice of investigation names as respondents Fujifilm Holdings 
Corporation and Fujifilm Corporation both of Tokyo, Japan; Fujifilm 
Holdings America Corporation of Valhalla, New York; and Fujifilm 
Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, 
``Fujifilm''). Id. at 8210. The Office of Unfair Import Investigations 
is also named as a party. Id.
    On July 28, 2017, Sony filed a motion for leave to amend the 
complaint and notice of investigation to reflect a corporate 
reorganization of SSMD. Specifically, Sony seeks to replace the entity 
SSMD with two distinct entities: ``Sony Storage Media Solutions'' and 
``Sony Storage Media Manufacturing Corporation.'' Sony submits that the 
reorganization did not affect the ownership of the patents-in-suit. 
Sony stated that its motion is unopposed by Fujifilm or OUII.
    On August 4, 2017, the ALJ issued the subject ID, granting Sony's 
motion pursuant to Commission rule 210.14(b)(1). The ID finds that Sony 
has shown good cause to amend the complaint and notice of investigation 
to reflect the corporate reorganization of SSMD. The ID further finds 
no evidence that these amendments would harm the public interest or 
prejudice any party to this investigation.
    No petitions for review were filed and the Commission has 
determined not to review the subject ID.
    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: August 22, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-18044 Filed 8-24-17; 8:45 am]
 BILLING CODE 7020-02-P

40596 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices

SUMMARY: Notice is hereby given that a Scope of Investigation: Having Commission if received not later than 20
complaint was filed with the U.S. considered the complaint, the U.S. days after the date of service by the
International Trade Commission on July International Trade Commission, on Commission of the complaint and the
19, 2017, under section 337 of the Tariff August 18, 2017, Ordered that— notice of investigation. Extensions of
Act of 1930, as amended, on behalf of (1) Pursuant to subsection (b) of time for submitting responses to the
Wirtgen America, Inc. of Antioch, section 337 of the Tariff Act of 1930, as complaint and the notice of
Tennessee. Supplements were filed on amended, an investigation be instituted investigation will not be granted unless
August 11, 2017. The complaint alleges to determine whether there is a good cause therefor is shown.
violations of section 337 based upon the violation of subsection (a)(1)(B) of Failure of a respondent to file a timely
importation into the United States, the section 337 in the importation into the response to each allegation in the
sale for importation, and the sale within United States, the sale for importation, complaint and in this notice may be
the United States after importation of or the sale within the United States after deemed to constitute a waiver of the
certain road milling machines and importation of certain road milling right to appear and contest the
components thereof by reason of machines and components thereof by allegations of the complaint and this
infringement of one or more of U.S. reason of infringement of one or more of notice, and to authorize the
Patent No. 9,644,340 (‘‘the ’340 patent’’); claims 1–5, 7–12, and 14–17 of the ’340 administrative law judge and the
U.S. Patent No. 9,624,628 (‘‘the ’628 patent; claims 1, 2, 5, 6, 9–22, and 27– Commission, without further notice to
patent’’); U.S. Patent No. 9,656,530 (‘‘the 29 of the ’628 patent; claims 1–7, 13–24, the respondent, to find the facts to be as
’530 patent’’); U.S. Patent No. 7,530,641 and 26 of the ’530 patent; claims 1, 2, alleged in the complaint and this notice
(‘‘the ’641 patent’’); and U.S. Patent No. 4, 6–8, 11, 12, and 15–17 of the ’641 and to enter an initial determination
7,828,309 (‘‘the ’309 patent’’). The patent; and claims 1–3, 5–24, and 26– and a final determination containing
complaint further alleges that an 36 of the ’309 patent; and whether an such findings, and may result in the
industry in the United States exists as industry in the United States exists as issuance of an exclusion order or a cease
required by the applicable Federal required by subsection (a)(2) of section and desist order or both directed against
Statute. 337; the respondent.
The complainant requests that the (2) For the purpose of the By order of the Commission.
Commission institute an investigation investigation so instituted, the following Issued: August 21, 2017.
and, after the investigation, issue a are hereby named as parties upon which William R. Bishop,
limited exclusion order and cease and this notice of investigation shall be Supervisory Hearings and Information
desist orders. served: Officer.
(a) The complainant is: Wirtgen
ADDRESSES: The complaint, except for [FR Doc. 2017–18024 Filed 8–24–17; 8:45 am]
America, Inc., 6030 Dana Way, Antioch,
any confidential information contained BILLING CODE 7020–02–P
TN 37013–3116.
therein, is available for inspection
(b) The respondents are the following
during official business hours (8:45 a.m.
entities alleged to be in violation of INTERNATIONAL TRADE
to 5:15 p.m.) in the Office of the
section 337, and are the parties upon COMMISSION
Secretary, U.S. International Trade
which the complaint is to be served:
Commission, 500 E Street SW., Room [Investigation No. 337–TA–1036]
112, Washington, DC 20436, telephone Caterpillar Bitelli SpA, Via IV
(202) 205–2000. Hearing impaired Novembre, 2, 40061 Minerbio BO, Certain Magnetic Tape Cartridges and
individuals are advised that information Italy Components Thereof; Notice of
on this matter can be obtained by Caterpillar Prodotti Stradali S.r.L., Via Commission Decision Not To Review
contacting the Commission’s TDD IV Novembre, 2, 40061 Minerbio BO, an Initial Determination Granting
terminal on (202) 205–1810. Persons Italy Complainant’s Unopposed Motion To
with mobility impairments who will Caterpillar Americas CV, 76 Route de
Amend the Complaint and Notice of
need special assistance in gaining access Frontenex Boite Postale 6000, 1211
Investigation
to the Commission should contact the Geneva, Switzerland
Office of the Secretary at (202) 205– Caterpillar Paving Products, Inc., 9401 AGENCY: U.S. International Trade
2000. General information concerning 85th Avenue North, Minneapolis, MN Commission.
the Commission may also be obtained 55445 ACTION: Notice.
by accessing its internet server at Caterpillar Inc., 100 NE Adams Street,
Peoria, IL 61629 SUMMARY: Notice is hereby given that
https://www.usitc.gov. The public the U.S. International Trade
record for this investigation may be (c) The Office of Unfair Import
Investigations, U.S. International Trade Commission has determined not to
viewed on the Commission’s electronic review the presiding administrative law
docket (EDIS) at https://edis.usitc.gov. Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and judge’s (‘‘ALJ’’) initial determination
FOR FURTHER INFORMATION CONTACT: (‘‘ID’’) (Order No. 16) granting
(3) For the investigation so instituted,
Pathenia M. Proctor, The Office of the Chief Administrative Law Judge, complainant’s unopposed motion for
Unfair Import Investigations, U.S. U.S. International Trade Commission, leave to amend the complaint and
International Trade Commission, shall designate the presiding notice of investigation to reflect a
telephone (202) 205–2560. Administrative Law Judge. corporate reorganization of complainant
SUPPLEMENTARY INFORMATION: Responses to the complaint and the Sony Storage Media and Devices
sradovich on DSK3GMQ082PROD with NOTICES

Authority: The authority for notice of investigation must be Corporation.
institution of this investigation is submitted by the named respondents in FOR FURTHER INFORMATION CONTACT:
contained in section 337 of the Tariff accordance with section 210.13 of the Megan M. Valentine, Office of the
Act of 1930, as amended, 19 U.S.C. 1337 Commission’s Rules of Practice and General Counsel, U.S. International
and in section 210.10 of the Procedure, 19 CFR 210.13. Pursuant to Trade Commission, 500 E Street SW.,
Commission’s Rules of Practice and 19 CFR 201.16(e) and 210.13(a), such Washington, DC 20436, telephone (202)
Procedure, 19 CFR 210.10 (2017). responses will be considered by the 708–2301. Copies of non-confidential

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Document Created: 2018-10-24 12:42:34
Document Modified: 2018-10-24 12:42:34

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		Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2301. 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 TDD terminal on (202) 205-1810.
FR Citation		82 FR 40596