82 FR 43252 - Certain Mirrors With Internal Illumination and Components Thereof;

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 177 (September 14, 2017)

Page Range		43252-43254
FR Document		2017-19465

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) finding the sole remaining respondent in default. The Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding.

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017)

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43252-43254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19465]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1055]


Certain Mirrors With Internal Illumination and Components 
Thereof;

    Supplemental Notice of Commission Determination Not To Review an 
Initial Determination Finding the Sole Remaining Respondent in Default; 
Request for Written Submissions on Remedy, the Public Interest, and 
Bonding
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 an initial determination 
(``ID'') (Order No. 10) finding the sole remaining respondent in 
default. The Commission requests written submissions, under the 
schedule set forth below, on remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-708-2310. 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 May 8, 2017, based on a complaint filed by Electric Mirror, LLC of 
Everett, Washington (``Electric Mirror'') and Kelvin 42 LLC of 
Pensacola, Florida

[[Page 43253]]

(``Kelvin''). 82 FR 21405 (May 8, 2017). The complaint, as amended, 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain mirrors with internal illumination and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 7,853,414 (``the '414 patent'') and 7,559,668 (``the '668 
patent''). The notice of investigation named as respondents Lumidesign 
Inc. of Ontario, Canada (``Lumidesign''); Majestic Mirrors & Frame, LLC 
of Miami, Florida (``Majestic''); and Project Light, LLC (d/b/a Project 
Light, Inc., Prospetto Light, LLC, and/or Prospetto Lighting, LLC) of 
Stow, Ohio (``Project Light''). The Office of Unfair Import 
Investigations was not named as a party to the investigation.
    The Commission previously terminated the investigation in part 
based on withdrawal of allegations concerning complainant Kelvin, 
respondent Majestic, and the '668 patent. Order No. 6 (June 19, 2017), 
not reviewed Notice (July 10, 2017). The Commission also previously 
terminated the investigation with respect to respondent Lumidesign 
based on a settlement agreement. Order No. 8 (July 6, 2017), not 
reviewed Notice (July 27, 2017).
    The Commission successfully served the complaint and notice of 
investigation on Project Light on May 3, 2017. See Memorandum in 
Support of Motion by Complainant Electric Mirror, LLC for an Order to 
Show Cause And for Entry of Default as to Sole Remaining Respondent 
Project Light, LLC And to Suspend the Procedural Schedule (June 26, 
2017) at Ex. A. On June 26, 2017, Electric Mirror moved for an order 
directing Project Light to show cause why it should not be held in 
default for failing to respond to the complaint, notice of 
investigation, and discovery requests. Id. at 1. On July 10, 2017, the 
ALJ granted the motion and ordered Project Light to show cause why it 
should not be held in default. Project Light did not respond.
    On August 3, 2017, the ALJ issued the subject ID, finding Project 
Light in default. No petition for review of the ID was filed.
    The Commission has determined not to review the subject ID.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default, 
unless, after considering the public interest, it finds that such 
relief should not issue.
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by Project Light; and/or (2) issue 
cease and desist orders that could result in Project Light being 
required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for purposes other than 
entry for consumption, the party should so indicate and provide 
information establishing that activities involving other types of entry 
either are adversely affecting it or likely to do so. For background, 
see Certain Devices for Connecting Computers via Telephone Lines, Inv. 
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 
1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Electric Mirror is requested to submit proposed remedial 
orders for the Commission's consideration. Electric Mirror is also 
requested to state the HTSUS numbers under which the accused products 
are imported, and to state the date that the '414 patent expires. 
Electric Mirror is further requested to supply identification 
information on any known importers.
    The deadline for filing written submissions has been extended to 
the close of business on September 20, 2017. The deadline for filing 
reply submissions has been extended to the close of business on 
September 27, 2017. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-1055'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/ fed_reg_notices/rules/
handbook_on_electronic_filing.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract

[[Page 43254]]

personnel \[1]\, solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
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    \[1]\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: September 8, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-19465 Filed 9-13-17; 8:45 am]
 BILLING CODE 7020-02-P

43252 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

Jersey. The State of New Jersey has a Park Service has every reasonable basis Dated: August 14, 2017.
long history of selling portions of its to conclude, as New Jersey holds, that J. Paul Loether,
riparian lands at fair market value, to Liberty Island is situated in both states Chief, NR of Historic Places/National Historic
appropriate users, in the form of . . .’’ The Keeper agrees with the NPS Landmarks Program and Keeper, NR of
‘‘riparian grants.’’ The National Park assertion that boundary issues between Historic Places.
Service bought a riparian grant from states are matters of original jurisdiction [FR Doc. 2017–19571 Filed 9–13–17; 8:45 am]
New Jersey in 1904 to legitimize its with the U.S. Supreme Court, and that BILLING CODE 4312–52–P
expansion of Ellis Island, but even neither the Keeper nor the National Park
though New Jersey sought from the Service are fitted by expertise or
1930s to the 1950s to reach agreement authority to pronounce upon them. INTERNATIONAL TRADE
with the Federal government to convey Since the issue regarding jurisdiction COMMISSION
title for the filled portions of Liberty that was raised by the NJ SHPO cannot
Island, no agreement, and therefore no [Investigation No. 337–TA–1055]
be resolved within the context of this
such transfer, was effected. No Federal nomination, the Keeper has determined
purchase of the land has subsequently Certain Mirrors With Internal
that the most appropriate course of Illumination and Components Thereof;
been completed. The Federal
action is to ensure that, as approved by
government has continued to use the Supplemental Notice of Commission
the Keeper, the paragraph under
property without obtaining a riparian Determination Not To Review an Initial
grant. That situation has not changed. ‘‘Setting’’ on page 7–6 reads:
Determination Finding the Sole
As a result, the State of New Jersey’s Liberty Island is located within New York Remaining Respondent in Default;
ownership interest in the land Harbor, one of the world’s busiest shipping Request for Written Submissions on
artificially filled after 1834 was not ports. It is accessed by ferries that run Remedy, the Public Interest, and
extinguished and still remains in effect. regularly from landings at Liberty State Park Bonding
In addition, the further statement that in Jersey City, New Jersey, and Battery Park AGENCY: U.S. International Trade
‘‘the land mass [of Liberty Island] is at the southern tip of Manhattan, New York Commission.
considered part of New York County, City. The island is manifestly flat, with an
ACTION: Notice.
New York.’’ (Section 7, page 6) should average elevation of about 15 feet (ft) above
also be revised. Only the portion of sea level. The landform is approximately a SUMMARY: Notice is hereby given that
Liberty Island that reflects the island as quarter-mile long and about .15-mile wide at the U.S. International Trade
it existed in 1834 lies within New York its widest point. Two significant filling Commission has determined not to
County, New York. In our previous events, conducted on the west side of the review an initial determination (‘‘ID’’)
comments on the earlier draft, we island by the US Army during the First (Order No. 10) finding the sole
provided a map that delineated the area World War and on the northwestern end of remaining respondent in default. The
the island’s fill, showing that New the island by the National Park Service in the Commission requests written
Jersey’s territory comprises early 1950s, accreted the island to its current submissions, under the schedule set
approximately 3.4 acres of the island’s 14.1-acre form. Liberty Island is surrounded forth below, on remedy, public interest,
14.1 acres. (see attachment) by New Jersey state waters. The Statue in its and bonding.
New Jersey disagrees with the entirety was constructed and remains within
FOR FURTHER INFORMATION CONTACT:
wording of footnote #5 (Section 7, page the territorial jurisdiction of the State of New
6), which has a tendentious effect. The York. The entire island is administered by Clint Gerdine, Office of the General
National Park Service has every the National Park Service. The Statue of Counsel, U.S. International Trade
reasonable basis to conclude, as New Liberty is located on the southern portion of Commission, 500 E Street SW.,
Jersey holds, that Liberty Island is Liberty Island and is immediately Washington, DC 20436, telephone 202–
situated in both states, and does not surrounded on the east, west, and south sides 708–2310. Copies of non-confidential
need to claim in this footnote that it is by grass lawns. Visitors arrive at the island’s documents filed in connection with this
not pronouncing upon an issue that West Pier after a ferry trip from Manhattan investigation are or will be available for
Section 2 of the document clearly does. or Jersey City and usually walk to the Statue inspection during official business
Your letter cites the 1998 Supreme on the island’s primary circulation system, a hours (8:45 a.m. to 5:15 p.m.) in the
Court decision in New Jersey v. New wide paved system of malls and plazas that Office of the Secretary, U.S.
York, decided in New Jersey’s favor (a conveys visitors to the main entrance to the International Trade Commission, 500 E
point not mentioned in footnote #5), in Statue. The malls and plazas are lined with Street SW., Washington, DC 20436,
which it was held that the portion of linden trees and yew hedges that give the telephone 202–205–2000. General
Ellis Island composed of landfill setting a park-like feel. A secondary information concerning the Commission
emplaced subsequent to the Compact of circulation system consisting of interior may also be obtained by accessing its
1834 has remained in the territory of paths and a perimeter promenade offers other Internet server (https://www.usitc.gov).
New Jersey since the time of that views of the Statue and New York Harbor The public record for this investigation
compact. With respect to the from a variety of vantage points. Operational may be viewed on the Commission’s
neighboring Liberty Island, the factual facilities such as maintenance buildings and electronic docket (EDIS) at https://
circumstances are nearly identical and staff housing are located primarily in the edis.usitc.gov. Hearing-impaired
the same legal reasoning applies that northwest corner of the island and are persons are advised that information on
screened from public view in most this matter can be obtained by
asabaliauskas on DSKBBXCHB2PROD with NOTICES

formed the basis of the Ellis Island
decision. As a result, the National Park directions. (**NOTE: footnote #5 referenced in contacting the Commission’s TDD
Service should recognize New Jersey the NJ SHPOs comments regarding the above terminal on 202–205–1810.
sovereignty over the western portion of paragraph has been corrected to read as SUPPLEMENTARY INFORMATION: The
the island. footnote #6 in the final nomination Commission instituted this investigation
Keeper’s response to NJ SHPO document.) on May 8, 2017, based on a complaint
Comment 2 (Concerning Section 7, page Authority: The National Historic filed by Electric Mirror, LLC of Everett,
6): The Keeper disagrees with the NJ Preservation Act of 1966, 54 U.S.C. 302104 Washington (‘‘Electric Mirror’’) and
SHPO’s contention that, ‘‘The National (c)(5)–(6) of; 60.13 of 36 CFR part 60. Kelvin 42 LLC of Pensacola, Florida

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43254 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

personnel [1], solely for cybersecurity INTERNATIONAL TRADE Alloy Seamless Standard, Line, and
purposes. All nonconfidential written COMMISSION Pressure Pipe from Japan and
submissions will be available for public Romania). The Commission is
[USITC SE–17–043]
inspection at the Office of the Secretary currently scheduled to complete
and on EDIS. Government in the Sunshine Act and file its determinations and
The authority for the Commission’s Meeting Notice views of the Commission by
determination is contained in section October 10, 2017.
337 of the Tariff Act of 1930, as AGENCY HOLDING THE MEETING: United 5. Outstanding action jackets: None.
amended (19 U.S.C. 1337), and in part States International Trade Commission. In accordance with Commission
210 of the Commission’s Rules of TIME AND DATE: September 29, 2017 at policy, subject matter listed above, not
Practice and Procedure (19 CFR part 11:00 a.m. disposed of at the scheduled meeting,
210). PLACE: Room 101, 500 E Street SW., may be carried over to the agenda of the
By order of the Commission. Washington, DC 20436, Telephone: following meeting.
Issued: September 8, 2017. (202) 205–2000. By order of the Commission.
Lisa R. Barton, STATUS: Open to the public. Issued: September 11, 2017.
Secretary to the Commission. MATTERS TO BE CONSIDERED: William R. Bishop,
[FR Doc. 2017–19465 Filed 9–13–17; 8:45 am] 1. Agendas for future meetings: None. Supervisory Hearings and Information
BILLING CODE 7020–02–P 2. Minutes. Officer.
3. Ratification List. [FR Doc. 2017–19651 Filed 9–12–17; 4:15 pm]
4. Vote in Inv. Nos. 701–TA–585–586 BILLING CODE 7020–02–P
INTERNATIONAL TRADE and 731–TA–1383–1384
COMMISSION (Preliminary) (Stainless Steel
Flanges from China and India). The INTERNATIONAL TRADE
[USITC SE–17–042] Commission is currently scheduled COMMISSION
to complete and file its
Government in the Sunshine Act determinations on October 2, 2017; [USITC SE–17–041]
Meeting Notice views of the Commission are
currently scheduled to be Government in the Sunshine Act
AGENCY HOLDING THE MEETING: United completed and filed on October 10, Meeting Notice
States International Trade Commission. 2017.
TIME AND DATE: September 28, 2017 at 5. Outstanding action jackets: None. AGENCY HOLDING THE MEETING: United
11:00 a.m. In accordance with Commission States International Trade Commission.
policy, subject matter listed above, not
PLACE: Room 101, 500 E Street SW., TIME AND DATE: September 22, 2017 at
disposed of at the scheduled meeting,
Washington, DC 20436, Telephone: 11:00 a.m.
may be carried over to the agenda of the
(202) 205–2000. following meeting. PLACE: Room 101, 500 E Street SW.,
STATUS: Open to the public. By order of the Commission. Washington, DC 20436, Telephone:
(202) 205–2000.
MATTERS TO BE CONSIDERED: Issued: September 11, 2017.
William R. Bishop, STATUS: Open to the public.
1. Agendas for future meetings: None.
Supervisory Hearings and Information MATTERS TO BE CONSIDERED:
2. Minutes.
Officer.
3. Ratification List. 1. Agendas for future meetings: None.
[FR Doc. 2017–19648 Filed 9–12–17; 4:15 pm]
4. Vote in Inv. Nos. 731–TA–313, 314, 2. Minutes.
BILLING CODE 7020–02–P
317, and 379 (Fourth Review) (Brass 3. Ratification List.
Sheet and Strip from France, 4. Vote in Inv. Nos. 701–TA–584 and
Germany, Italy, and Japan). The INTERNATIONAL TRADE 731–TA–1382 (Preliminary)
Commission is currently scheduled COMMISSION (Uncoated Groundwood Paper from
to complete and file its Canada). The Commission is
[USITC SE–17–040]
determinations and views of the currently scheduled to complete
Commission by October 13, 2017. Government in the Sunshine Act and file its determinations on
5. Outstanding action jackets: None. Meeting Notice September 25, 2017; views of the
In accordance with Commission Commission are currently
policy, subject matter listed above, not AGENCY HOLDING THE MEETING: United scheduled to be completed and
disposed of at the scheduled meeting, States International Trade Commission. filed on October 2, 2017.
may be carried over to the agenda of the TIME AND DATE: September 19, 2017 at 5. Vote in Inv. No. TA–201–75 (Injury)
following meeting. 11:00 a.m. (Crystalline Silicon Photovoltaic
By order of the Commission. PLACE: Room 101, 500 E Street SW., Cells (Whether or Not Partially or
Washington, DC 20436, Telephone: Fully Assembled into Other
Issued: September 11, 2017.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

(202) 205–2000. Products)).
William R. Bishop,
STATUS: Open to the public. 6. Outstanding action jackets: None.
Supervisory Hearings and Information
Officer. MATTERS TO BE CONSIDERED: In accordance with Commission
[FR Doc. 2017–19649 Filed 9–12–17; 4:15 pm] 1. Agendas for future meetings: None. policy, subject matter listed above, not
BILLING CODE 7020–02–P 2. Minutes. disposed of at the scheduled meeting,
3. Ratification List. may be carried over to the agenda of the
[1] All contract personnel will sign appropriate 4. Vote in Inv. Nos. 731–TA–847 and following meeting.
nondisclosure agreements. 849 (Third Review) (Carbon and By order of the Commission.

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Document Created: 2017-09-13 23:49:39
Document Modified: 2017-09-13 23:49:39

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		Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2310. 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 43252