82 FR 44654 - Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same; Commission's Determination To Grant Complainant's Motion To Withdraw the Complaint and Deny Complainant's Motion for Vacatur; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range		44654-44655
FR Document		2017-20370

Notice is hereby given that the U.S. International Trade Commission has determined to grant Complainant's motion to withdraw the complaint and terminates the investigation. As a result of the Commission's determination, Order No. 7 is moot. Complainant's motion to vacate Order No. 7 is denied.

Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017)

[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44654-44655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20370]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1052]


Certain Thermoplastic-Encapsulated Electric Motors, Components 
Thereof, and Products and Vehicles Containing Same; Commission's 
Determination To Grant Complainant's Motion To Withdraw the Complaint 
and Deny Complainant's Motion for Vacatur; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant Complainant's motion to withdraw the 
complaint and terminates the investigation. As a result of the 
Commission's determination, Order No. 7 is moot. Complainant's motion 
to vacate Order No. 7 is denied.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436, telephone (202) 205-2737. 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's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 3, 2017, based on a complaint filed on behalf of Intellectual 
Ventures II LLC (``Complainant'') of Bellevue, Washington. 82 FR 20633 
(May 3, 2017). The complaint 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 
thermoplastic-encapsulated electric motors, components thereof, and 
products and vehicles containing the same by reason of infringement of 
certain claims of U.S. Patent No. 7,154,200; U.S. Patent No. 7,067,944;

[[Page 44655]]

U.S. Patent No. 7,067,952; U.S. Patent No. 7,683,509; and U.S. Patent 
No. 7,928,348. The complaint named as respondents Aisin Seiki Co., Ltd. 
of Aichi, Japan; Aisin Holdings of America, Inc. of Seymour, Indiana; 
Aisin Technical Center of America, Inc. of Northville, Michigan; 
Bayerische Motoren Werke AG of Munich, Germany; BMW of North America, 
LLC of Woodcliff Lake, New Jersey; BMW Manufacturing Co., LLC of Greer, 
South Carolina; Denso Corporation of Aichi, Japan; Denso International 
America, Inc. of Southfield, Michigan; Honda Motor Co., Ltd. of Tokyo, 
Japan; Honda North America, Inc. of Torrance, California; American 
Honda Motor Co., Inc. of Torrance, California; Honda of America Mfg., 
Inc. of Marysville, Ohio; Honda Manufacturing of Alabama, LLC of 
Lincoln, Alabama; Honda R&D Americas, Inc. of Torrance, California; 
Mitsuba Corporation of Gunma, Japan; American Mitsuba Corporation of 
Mount Pleasant, Michigan; Nidec Corporation of Kyoto, Japan; Nidec 
Automotive Motor Americas, LLC of Auburn Hills, Michigan; Toyota Motor 
Corporation of Aichi, Japan; Toyota Motor North America, Inc. of New 
York, New York; Toyota Motor Sales, U.S.A., Inc. of Torrance, 
California; Toyota Motor Engineering & Manufacturing North America, 
Inc. of Erlanger, Kentucky; Toyota Motor Manufacturing, Indiana, Inc. 
of Princeton, Indiana; and Toyota Motor Manufacturing, Kentucky, Inc. 
of Georgetown, Kentucky (collectively, ``Respondents''). The Office of 
Unfair Import Investigations (``OUII'') is participating in the 
investigation.
    On June 20, 2017, Respondents filed a motion to terminate the 
investigation on the ground that Complainant lacked standing to sue. On 
August 3, 2017, the ALJ issued an ID (Order No. 7) granting 
Respondents' motion. Specifically, the ALJ found that the Complainant 
does not own the asserted patents and that the Commission does not have 
the authority to remedy a standing defect. Order No. 7. No petitions 
for review were filed. On August 22, 2017, the Commission determined to 
extend the deadline for determining whether to review this ID until 
September 29, 2017. Notice of the Commission's Determination to Extend 
the Date for Determining Whether to Review an Initial Determination 
Terminating the Investigation Based on Lack of Standing (Aug. 22, 
2017).
    On August 15, 2017, Complainant filed a motion with the Commission 
to withdraw the complaint and vacate Order No. 7. Motion at 1. On 
August 25, 2017, Respondents and OUII each filed responses supporting 
withdrawal of the complaint but opposing Complainant's motion to vacate 
Order No. 7.
    The Commission has determined to grant Complainant's motion to 
withdraw the complaint, and hereby terminates the investigation. As a 
result of the Commission's determination, Order No. 7 is moot. The 
Commission denies Complainant's motion to vacate Order No. 7.
    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 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20370 Filed 9-22-17; 8:45 am]
 BILLING CODE 7020-02-P

44654 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

pyrite; 1 lot of 1 copper awl with antler • Pursuant to 25 U.S.C. 3001(2), a INTERNATIONAL TRADE
handle; 1 lot of 2 modified antler relationship of shared group identity COMMISSION
fragments; 1 lot of 17 unworked rodent cannot be reasonably traced between the
[Investigation No. 337–TA–1052]
incisor fragments, likely beaver; 1 lot of Native American human remains and
2 unworked turtle shell fragments; 1 lot associated funerary objects and any Certain Thermoplastic-Encapsulated
of 1 sandstone platform pipe; 1 lot of 1 present-day Indian Tribe. Electric Motors, Components Thereof,
slab of igneous rock; 1 lot of 1 sandstone
• According to final judgments of the and Products and Vehicles Containing
abrader; 1 lot of 1 possible fire-cracked Same; Commission’s Determination To
rock; 1 lot of 6 rocks and 10 possible Indian Claims Commission or the Court
of Federal Claims, the land from which Grant Complainant’s Motion To
ochre concretions; 1 lot of 10 charcoal Withdraw the Complaint and Deny
fragments plus many tiny fragments; 1 the Native American human remains
and associated funerary objects were Complainant’s Motion for Vacatur;
lot of 1 small, thin unworked stone; 1 Termination of the Investigation
lot of 1 lithic biface and 1 retouched removed is the aboriginal land of the
flake; 1 lot of 16 lithic debitage Saginaw Chippewa Indian Tribe of AGENCY: U.S. International Trade
fragments; 1 lot of 1 unworked clam Michigan. Commission.
shell fragment; 1 lot of 94 Wayne • Treaties, Acts of Congress, or ACTION: Notice.
earthenware sherds; 1 lot of 55 Wayne Executive Orders, indicate that the land
earthenware sherds likely from same from which the Native American human SUMMARY: Notice is hereby given that
vessel; 1 lot of 13 unworked faunal long remains and associated funerary objects the U.S. International Trade
bone fragments; 1 lot of 1 small stone Commission has determined to grant
were removed is the aboriginal land of
celt; 1 lot of 1 earthenware platform Complainant’s motion to withdraw the
The Consulted and Invited Tribes.
pipe; 1 lot of 1 sandstone abrader; 1 lot complaint and terminates the
of 12 projectile points; 1 lot of 1 side- • Pursuant to 43 CFR 10.11(c)(1), the investigation. As a result of the
notched lithic drill; 1 lot of 13 triangular disposition of the human remains and Commission’s determination, Order No.
retouched flakes; 1 lot of 5 lithic associated funerary objects may be to 7 is moot. Complainant’s motion to
debitage; 1 lot of 8 large antler billets The Consulted and Invited Tribes. vacate Order No. 7 is denied.
and fragments; 1 lot of 1 unworked Additional Requestors and Disposition FOR FURTHER INFORMATION CONTACT:
faunal metapodial fragment; 1 lot of 3 Amanda P. Fisherow, Esq., Office of the
harpoon-style antler points; 1 lot of 1 Representatives of any Indian Tribe or General Counsel, U.S. International
carved antler tool and 1 hollowed faunal Native Hawaiian organization not Trade Commission, 500 E Street SW.,
long bone fragment; 1 lot of 2 unworked identified in this notice that wish to Washington, DC 20436, telephone (202)
animal bone fragments; 1 lot of 53 request transfer of control of these 205–2737. Copies of non-confidential
unworked turtle shell fragments, 6 small human remains and associated funerary documents filed in connection with this
unworked animal bone fragments, and 1 objects should submit a written request investigation are or will be available for
rock; 1 lot of 1 earthenware sherd; 1 lot with information in support of the inspection during official business
of 1 retouched flake and 1 small request to Dr. Ben Secunda, NAGPRA hours (8:45 a.m. to 5:15 p.m.) in the
earthenware sherd; 1 lot of 1 small Project Manager, University of Michigan Office of the Secretary, U.S.
stone, possibly quartz, with ochre; 1 lot Office of Research, 4080 Fleming International Trade Commission, 500 E
of 21 unworked rodent incisor Street SW., Washington, DC 20436,
Building, 503 Thompson Street, Ann
fragments, likely beaver; 1 lot of 5 antler telephone (202) 205–2000. General
Arbor, MI 48109–1340, telephone (734)
tool fragments, 1 unworked animal bone information concerning the Commission
647–9085, email bsecunda@umich.edu,
fragment, and 1 earthenware body may also be obtained by accessing its
sherd; 1 lot of 4 lithic debitage and 1 by October 25, 2017. After that date, if Internet server at https://www.usitc.gov.
possibly retouched flake; 1 lot of 1 no additional requestors have come The public record for this investigation
possible fire-cracked rock; and 1 lot of forward, transfer of control of the may be viewed on the Commission’s
1 quartzite stone, possibly debitage. human remains and associated funerary electronic docket (EDIS) at https://
objects to The Consulted and Invited edis.usitc.gov. Hearing-impaired
Determinations Made by the University Tribes may proceed. persons are advised that information on
of Michigan
The University of Michigan is this matter can be obtained by
Officials of the University of Michigan responsible for notifying The Consulted contacting the Commission’s TDD
have determined that: and Invited Tribes that this notice has terminal on (202) 205–1810.
• Pursuant to 25 U.S.C. 3001(9), the been published. SUPPLEMENTARY INFORMATION: The
human remains described in this notice Commission instituted this investigation
Dated: August 15, 2017.
are Native American based on cranial on May 3, 2017, based on a complaint
morphology, dental traits, accession Sarah Glass,
filed on behalf of Intellectual Ventures
documentation, and archeological Acting Manager, National NAGPRA Program. II LLC (‘‘Complainant’’) of Bellevue,
context. [FR Doc. 2017–20382 Filed 9–22–17; 8:45 am] Washington. 82 FR 20633 (May 3, 2017).
• Pursuant to 25 U.S.C. 3001(9), the BILLING CODE 4312–52–P The complaint alleges violations of
human remains described in this notice section 337 based upon the importation
represent the physical remains of 20
asabaliauskas on DSKBBXCHB2PROD with NOTICES

into the United States, the sale for
individuals of Native American importation, and the sale within the
ancestry. United States after importation of
• Pursuant to 25 U.S.C. 3001(3)(A), certain thermoplastic-encapsulated
the 106 objects described in this notice electric motors, components thereof,
are reasonably believed to have been and products and vehicles containing
placed with or near individual human the same by reason of infringement of
remains at the time of death or later as certain claims of U.S. Patent No.
part of the death rite or ceremony. 7,154,200; U.S. Patent No. 7,067,944;

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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices 44655

U.S. Patent No. 7,067,952; U.S. Patent responses supporting withdrawal of the public record for this investigation may
No. 7,683,509; and U.S. Patent No. complaint but opposing Complainant’s be viewed on the Commission’s
7,928,348. The complaint named as motion to vacate Order No. 7. Electronic Document Information
respondents Aisin Seiki Co., Ltd. of The Commission has determined to System (EDIS) at https://edis.usitc.gov.
Aichi, Japan; Aisin Holdings of grant Complainant’s motion to Hearing-impaired persons are advised
America, Inc. of Seymour, Indiana; withdraw the complaint, and hereby that information on this matter can be
Aisin Technical Center of America, Inc. terminates the investigation. As a result obtained by contacting the
of Northville, Michigan; Bayerische of the Commission’s determination, Commission’s TDD terminal on (202)
Motoren Werke AG of Munich, Order No. 7 is moot. The Commission 205–1810.
Germany; BMW of North America, LLC denies Complainant’s motion to vacate SUPPLEMENTARY INFORMATION: The
of Woodcliff Lake, New Jersey; BMW Order No. 7. Commission has received a complaint
Manufacturing Co., LLC of Greer, South The authority for the Commission’s
and a submission pursuant to § 210.8(b)
Carolina; Denso Corporation of Aichi, determination is contained in section
of the Commission’s Rules of Practice
Japan; Denso International America, Inc. 337 of the Tariff Act of 1930, as
and Procedure filed on behalf of Cotton
of Southfield, Michigan; Honda Motor amended (19 U.S.C. 1337), and in part
Babies, Inc. on September 19, 2017. The
Co., Ltd. of Tokyo, Japan; Honda North 210 of the Commission’s Rules of
complaint alleges violations of section
America, Inc. of Torrance, California; Practice and Procedure (19 CFR part
337 of the Tariff Act of 1930 (19 U.S.C.
American Honda Motor Co., Inc. of 210).
1337) in the importation into the United
Torrance, California; Honda of America By order of the Commission. States, the sale for importation, and the
Mfg., Inc. of Marysville, Ohio; Honda Issued: September 19, 2017. sale within the United States after
Manufacturing of Alabama, LLC of Lisa R. Barton, importation of certain reusable diapers,
Lincoln, Alabama; Honda R&D Secretary to the Commission. components thereof, and products
Americas, Inc. of Torrance, California; containing the same. The complaint
[FR Doc. 2017–20370 Filed 9–22–17; 8:45 am]
Mitsuba Corporation of Gunma, Japan; names as respondents Alvababy.com of
BILLING CODE 7020–02–P
American Mitsuba Corporation of China; Shenzhen Adsel Trading Co.,
Mount Pleasant, Michigan; Nidec Ltd. d/b/a Alva of China; and Huizhou
Corporation of Kyoto, Japan; Nidec
INTERNATIONAL TRADE Huapin Garment Co., Ltd of China. The
Automotive Motor Americas, LLC of
COMMISSION complainant requests that the
Auburn Hills, Michigan; Toyota Motor
Commission issue a limited and/or
Corporation of Aichi, Japan; Toyota Notice of Receipt of Complaint; general exclusion order and cease and
Motor North America, Inc. of New York, Solicitation of Comments Relating to desist orders.
New York; Toyota Motor Sales, U.S.A., the Public Interest Proposed respondents, other
Inc. of Torrance, California; Toyota
AGENCY: U.S. International Trade interested parties, and members of the
Motor Engineering & Manufacturing
Commission. public are invited to file comments, not
North America, Inc. of Erlanger,
ACTION: Notice.
to exceed five (5) pages in length,
Kentucky; Toyota Motor Manufacturing,
Indiana, Inc. of Princeton, Indiana; and inclusive of attachments, on any public
Toyota Motor Manufacturing, Kentucky, SUMMARY: Notice is hereby given that interest issues raised by the complaint
Inc. of Georgetown, Kentucky the U.S. International Trade or § 210.8(b) filing. Comments should
(collectively, ‘‘Respondents’’). The Commission has received a complaint address whether issuance of the relief
Office of Unfair Import Investigations entitled Certain Reusable Diapers, specifically requested by the
(‘‘OUII’’) is participating in the Components Thereof, and Products complainant in this investigation would
investigation. Containing the Same, DN 3254; the affect the public health and welfare in
On June 20, 2017, Respondents filed Commission is soliciting comments on the United States, competitive
a motion to terminate the investigation any public interest issues raised by the conditions in the United States
on the ground that Complainant lacked complaint or complainant’s filing economy, the production of like or
standing to sue. On August 3, 2017, the pursuant to the Commission’s Rules of directly competitive articles in the
ALJ issued an ID (Order No. 7) granting Practice and Procedure. United States, or United States
Respondents’ motion. Specifically, the FOR FURTHER INFORMATION CONTACT: Lisa consumers.
ALJ found that the Complainant does R. Barton, Secretary to the Commission, In particular, the Commission is
not own the asserted patents and that U.S. International Trade Commission, interested in comments that:
the Commission does not have the 500 E Street SW., Washington, DC (i) Explain how the articles
authority to remedy a standing defect. 20436, telephone (202) 205–2000. The potentially subject to the requested
Order No. 7. No petitions for review public version of the complaint can be remedial orders are used in the United
were filed. On August 22, 2017, the accessed on the Commission’s States;
Commission determined to extend the Electronic Document Information (ii) identify any public health, safety,
deadline for determining whether to System (EDIS) at https://edis.usitc.gov, or welfare concerns in the United States
review this ID until September 29, 2017. and will be available for inspection relating to the requested remedial
Notice of the Commission’s during official business hours (8:45 a.m. orders;
Determination to Extend the Date for to 5:15 p.m.) in the Office of the (iii) identify like or directly
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Determining Whether to Review an Secretary, U.S. International Trade competitive articles that complainant,
Initial Determination Terminating the Commission, 500 E Street SW., its licensees, or third parties make in the
Investigation Based on Lack of Standing Washington, DC 20436, telephone (202) United States which could replace the
(Aug. 22, 2017). 205–2000. subject articles if they were to be
On August 15, 2017, Complainant General information concerning the excluded;
filed a motion with the Commission to Commission may also be obtained by (iv) indicate whether complainant,
withdraw the complaint and vacate accessing its Internet server at United complainant’s licensees, and/or third
Order No. 7. Motion at 1. On August 25, States International Trade Commission party suppliers have the capacity to
2017, Respondents and OUII each filed (USITC) at https://www.usitc.gov . The replace the volume of articles

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Document Created: 2018-10-24 14:44:40
Document Modified: 2018-10-24 14:44:40

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		Amanda P. Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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's TDD terminal on (202) 205-1810.
FR Citation		82 FR 44654