82 FR 45608 - Certain Height-Adjustable Desk Platforms and Components Thereof; Commission's Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 188 (September 29, 2017)

Page Range		45608-45609
FR Document		2017-20904

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. 10) terminating the investigation based on settlement.

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017)

[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45608-45609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20904]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1054]


Certain Height-Adjustable Desk Platforms and Components Thereof; 
Commission's Determination Not To Review an Initial Determination 
Terminating the Investigation Based on Settlement; 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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 10) 
terminating the investigation based on settlement.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher 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 4, 2017 based on a complaint, filed on behalf of Varidesk LLC of 
Coppell, Texas (``complainant''). 82 FR 20919-20 (May 4, 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 height-
adjustable desk platforms and components thereof by reason of 
infringement of U.S. Patent No. 9,113,703; U.S. Patent No. 9,277,809; 
and U.S. Patent No. 9,554,644. The complaint further alleges that an 
industry in the United States exists as required by section 337. The 
Commission's notice of investigation named Lumi Legend Corporation of 
Ningbo, China; Innovative Office Products LLC of Easton, Pennsylvania; 
Ergotech Group LLC of Easton, Pennsylvania; Monoprice, Inc. of Rancho 
Cucamonga, California; and Transform Partners LLC (dba Mount-It!) of 
San Diego, California (collectively ``the Lumi Legend respondents''); 
Loctek Ergonomic Technology Corporation (formerly, Ningbo Loctek Visual 
Technology Corporation of Ningbo, China) of Ningbo, China; Zhejiang 
Loctek Smart Drive Technology Co., Ltd. of Ningbo, China; and Loctek 
Inc.'s (formerly, Zoxou, Inc. of Fremont, California) of Fremont, 
California (collectively herein, ``Loctek respondents''). The Office of 
Unfair Import Investigations did not participate in the investigation. 
The Lumi Legend respondents were previously terminated based on 
settlement. Order No. 5 (unreviewed, Commission Notice (July 11, 
2017)).
    On August 29, 2017, complainant and the Loctek respondents filed a 
joint motion to terminate the Locktek respondents based on settlement. 
The motion asserted that there are no other agreements between 
complainant and the Loctek respondents. The parties represented ``there 
are no other agreements, written or oral, express or implied, between 
these parties concerning the subject matter of the Investigation.'' 
Motion at 1.
    On August 31, 2017, the ALJ issued an ID (Order No. 10) terminating 
the investigation based on settlement of the Loctek respondents. The 
ALJ found that all of the requirements of Commission rule 210.21, 19 
CFR 210.21, had been met and that there were no public interest 
concerns that would weigh against termination. No petitions for review 
were filed.
    The Commission has determined not to review the subject ID and 
terminates the investigation.
    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

[[Page 45609]]

Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: September 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20904 Filed 9-28-17; 8:45 am]
BILLING CODE 7020-02-P

45608 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices

contact Mr. James Bennett, Program Authority: This notice is published section 337 based upon the importation
Manager, Office of Renewable Energy pursuant to the regulations (40 CFR part into the United States, the sale for
Programs, by telephone at 703–787– 1506.6(b)) implementing the provisions of importation, and the sale within the
1300 or by email at james.bennett@ the National Environmental Policy Act of United States after importation of
1969, as amended (42 U.S.C. 4321 et seq.).
boem.gov. certain height-adjustable desk platforms
Dated: September 26, 2017. and components thereof by reason of
SUPPLEMENTARY INFORMATION: On July 5,
2016, the U.S. Court of Appeals for the Walter D. Cruickshank, infringement of U.S. Patent No.
District of Columbia Circuit vacated the Acting Director, Bureau of Ocean Energy 9,113,703; U.S. Patent No. 9,277,809;
2009 Cape Wind Energy Project Final Management. and U.S. Patent No. 9,554,644. The
EIS and ordered that BOEM: [FR Doc. 2017–20936 Filed 9–28–17; 8:45 am] complaint further alleges that an
‘‘supplement [the EIS] with adequate BILLING CODE 4310–MR–P industry in the United States exists as
geological surveys before Cape Wind required by section 337. The
may begin construction.’’ Public Commission’s notice of investigation
Employees for Environmental INTERNATIONAL TRADE named Lumi Legend Corporation of
Responsibility v. Hopper, 827 F.3d 1077, COMMISSION Ningbo, China; Innovative Office
1084 (D.C. Cir. 2016). The Court opined Products LLC of Easton, Pennsylvania;
[Investigation No. 337–TA–1054] Ergotech Group LLC of Easton,
that: ‘‘[w]ithout adequate geological
surveys, the [BOEM] cannot ‘ensure that Certain Height-Adjustable Desk Pennsylvania; Monoprice, Inc. of
the seafloor [will be] able to support’ Platforms and Components Thereof; Rancho Cucamonga, California; and
wind turbines.’’ Id. at 1083. While the Commission’s Determination Not To Transform Partners LLC (dba Mount-It!)
Court found that: ‘‘[BOEM] therefore Review an Initial Determination of San Diego, California (collectively
had violated NEPA (National Terminating the Investigation Based ‘‘the Lumi Legend respondents’’);
Environmental Policy Act)’’ the Court on Settlement; Termination of the Loctek Ergonomic Technology
noted that ‘‘. . . [it] does not necessarily Investigation Corporation (formerly, Ningbo Loctek
mean that the project must be halted or Visual Technology Corporation of
that Cape Wind must redo the AGENCY: U.S. International Trade Ningbo, China) of Ningbo, China;
regulatory approval process.’’ Id. at Commission. Zhejiang Loctek Smart Drive
1083–4. The Court explicitly left ACTION: Notice. Technology Co., Ltd. of Ningbo, China;
undisturbed BOEM’s 2010 decision to and Loctek Inc.’s (formerly, Zoxou, Inc.
issue the lease and BOEM’s 2011 SUMMARY: Notice is hereby given that of Fremont, California) of Fremont,
decision to approve the Construction the U.S. International Trade California (collectively herein, ‘‘Loctek
and Operations Plan (COP). Id. at 1084. Commission has determined not to respondents’’). The Office of Unfair
In light of the remand order and the review the presiding administrative law Import Investigations did not participate
remaining valid lease and COP, only judge’s (‘‘ALJ’’) initial determination in the investigation. The Lumi Legend
two alternatives remain relevant to the (‘‘ID’’) (Order No. 10) terminating the respondents were previously terminated
court’s remand: The Proposed Action investigation based on settlement. based on settlement. Order No. 5
(affirming BOEM’s issuance of the FOR FURTHER INFORMATION CONTACT: (unreviewed, Commission Notice (July
existing lease) and the No Action Amanda Pitcher Fisherow, Esq., Office 11, 2017)).
Alternative (BOEM rescinding the of the General Counsel, U.S. On August 29, 2017, complainant and
lease). In its Final SEIS, BOEM International Trade Commission, 500 E the Loctek respondents filed a joint
examines the available geological survey Street SW., Washington, DC 20436, motion to terminate the Locktek
data, including the geotechnical data telephone (202) 205–2737. Copies of respondents based on settlement. The
and reports submitted to BOEM since non-confidential documents filed in motion asserted that there are no other
the 2009 Final EIS, any other relevant connection with this investigation are or agreements between complainant and
data that relates to the adequacy of the will be available for inspection during the Loctek respondents. The parties
seafloor to support wind turbines in the official business hours (8:45 a.m. to 5:15 represented ‘‘there are no other
lease area, and considers public p.m.) in the Office of the Secretary, U.S. agreements, written or oral, express or
comments. International Trade Commission, 500 E implied, between these parties
On March 31, 2017, BOEM published Street SW., Washington, DC 20436, concerning the subject matter of the
the Draft SEIS, in response to the telephone (202) 205–2000. General Investigation.’’ Motion at 1.
Court’s 2016 remand order discussed information concerning the Commission On August 31, 2017, the ALJ issued
above, and a NOA in the Federal may also be obtained by accessing its an ID (Order No. 10) terminating the
Register to announce the availability of Internet server at https://www.usitc.gov. investigation based on settlement of the
the Draft SEIS and initiate a 45-day The public record for this investigation Loctek respondents. The ALJ found that
public comment period (82 FR 16060). may be viewed on the Commission’s all of the requirements of Commission
Comments received can be found at electronic docket (EDIS) at https:// rule 210.21, 19 CFR 210.21, had been
http://www.regulations.gov by searching edis.usitc.gov. Hearing-impaired met and that there were no public
for docket ID BOEM–2017–0008. The persons are advised that information on interest concerns that would weigh
Final SEIS addressed comments this matter can be obtained by against termination. No petitions for
contacting the Commission’s TDD review were filed.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

received by BOEM in response to the
Draft SEIS during the 45-day comment terminal on (202) 205–1810. The Commission has determined not
period. On August 4, 2017 (82 FR SUPPLEMENTARY INFORMATION: The to review the subject ID and terminates
36418), BOEM published a NOA Commission instituted this investigation the investigation.
announcing the availability of the Final on May 4, 2017 based on a complaint, The authority for the Commission’s
SEIS in the Federal Register. The Final filed on behalf of Varidesk LLC of determination is contained in section
SEIS can be found on BOEM’s Web site Coppell, Texas (‘‘complainant’’). 82 FR 337 of the Tariff Act of 1930, as
at: https://www.boem.gov/ 20919–20 (May 4, 2017). The complaint amended (19 U.S.C. 1337), and in part
Massachusetts-Cape-Wind/. as supplemented alleges violations of 210 of the Commission’s Rules of

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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45609

Practice and Procedure (19 CFR part investigation is sold at the retail level, INTERNATIONAL TRADE
210). representative consumer organizations COMMISSION
By order of the Commission. have the right to appear as parties in
[Investigation No. 337–TA–1035]
Issued: September 26, 2017. Commission antidumping and
Lisa R. Barton, countervailing duty investigations. The Certain Liquid Crystal Ewriters and
Secretary to the Commission. Secretary will prepare a public service Components Thereof; Commission
[FR Doc. 2017–20904 Filed 9–28–17; 8:45 am]
list containing the names and addresses Final Determination of Violation of
BILLING CODE 7020–02–P
of all persons, or their representatives, Section 337; Termination of
who are parties to the investigations. Investigation; Issuance of Limited
Exclusion Order and Cease and Desist
Background Order
INTERNATIONAL TRADE
COMMISSION On August 9, 2017, North Pacific AGENCY: U.S. International Trade
[Investigation Nos. 701–TA–584 and 731– Paper Company (‘‘NORPAC’’), Commission.
TA–1382 (Preliminary)] Longview, Washington filed a petition ACTION: Notice.
with the Commission and Commerce,
Uncoated Groundwood Paper From alleging that an industry in the United SUMMARY: Notice is hereby given that
Canada; Determinations States is materially injured or the U.S. International Trade
On the basis of the record 1 developed threatened with material injury by Commission has found a violation of
in the subject investigations, the United reason of LTFV and subsidized imports section 337 of the Tariff Act of 1930 in
States International Trade Commission of uncoated groundwood paper from the above-captioned investigation. The
(‘‘Commission’’) determines, pursuant Canada. Accordingly, effective August Commission has determined to issue a
to the Tariff Act of 1930 (‘‘the Act’’), 9, 2017, the Commission, pursuant to limited exclusion order and cease and
that there is a reasonable indication that sections 703(a) and 733(a) of the Act (19 desist order. The investigation is
an industry in the United States is U.S.C. 1671b(a) and 1673b(a)), instituted terminated.
materially injured by reason of imports countervailing duty investigation No. FOR FURTHER INFORMATION CONTACT:
of uncoated groundwood paper from 701–TA–584 and antidumping duty Megan M. Valentine, Office of the
Canada, provided for in subheadings investigation No. 731–TA–1382 General Counsel, U.S. International
4801.00.01, 4802.61.10, 4802.61.20, (Preliminary). Trade Commission, 500 E Street SW.,
4802.61.31, 4802.61.60, 4802.62.10, Washington, DC 20436, telephone (202)
4802.62.20, 4802.62.30, 4802.62.61, Notice of the institution of the
708–2301. Copies of non-confidential
4802.69.10, 4802.69.20, 4802.69.30, Commission’s investigations and of a documents filed in connection with this
4805.91.50, 4805.91.70, and 4805.91.90 public conference to be held in investigation are or will be available for
of the Harmonized Tariff Schedule of connection therewith was given by inspection during official business
the United States, that are alleged to be posting copies of the notice in the Office hours (8:45 a.m. to 5:15 p.m.) in the
sold in the United States at less than fair of the Secretary, U.S. International Office of the Secretary, U.S.
value (‘‘LTFV’’) and to be subsidized by Trade Commission, Washington, DC, International Trade Commission, 500 E
the government of Canada. and by publishing the notice in the Street SW., Washington, DC 20436,
Federal Register of August 15, 2017 (82 telephone (202) 205–2000. General
Commencement of Final Phase
Investigations FR 38707). The conference was held in information concerning the Commission
Washington, DC, on August 30, 2017, may also be obtained by accessing its
Pursuant to section 207.18 of the and all persons who requested the Internet server (https://www.usitc.gov).
Commission’s rules, the Commission opportunity were permitted to appear in The public record for this investigation
also gives notice of the commencement person or by counsel. may be viewed on the Commission’s
of the final phase of its investigations. electronic docket (EDIS) at https://
The Commission will issue a final phase The Commission made these
determinations pursuant to sections edis.usitc.gov. Hearing-impaired
notice of scheduling, which will be persons are advised that information on
published in the Federal Register as 703(a) and 733(a) of the Act (19 U.S.C.
this matter can be obtained by
provided in section 207.21 of the 1671b(a) and 1673b(a)). It completed
contacting the Commission’s TDD
Commission’s rules, upon notice from and filed its determinations in these
terminal on (202) 205–1810.
the Department of Commerce investigations on September 25, 2017.
SUPPLEMENTARY INFORMATION: The
(‘‘Commerce’’) of affirmative The views of the Commission are
preliminary determinations in the Commission instituted this investigation
contained in USITC Publication 4732
investigations under sections 703(b) or on January 13, 2017, based on a
(October 2017), entitled Uncoated complaint filed by Kent Displays, Inc. of
733(b) of the Act, or, if the preliminary Groundwood Paper from Canada:
determinations are negative, upon Kent, Ohio (‘‘Kent Displays’’). 82 FR
Investigation Nos. 701–TA–584 and 4418. The complaint alleges violations
notice of affirmative final 731–1382 (Preliminary).
determinations in those investigations of section 337 of the Tariff Act of 1930,
under sections 705(a) or 735(a) of the By order of the Commission. as amended, 19 U.S.C. 1337 (‘‘section
Act. Parties that filed entries of Issued: September 25, 2017. 337’’), in the importation into the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

appearance in the preliminary phase of Lisa R. Barton,
United States, the sale for importation,
the investigations need not enter a and the sale within the United States
Secretary to the Commission.
separate appearance for the final phase after importation of certain liquid
[FR Doc. 2017–20878 Filed 9–28–17; 8:45 am] crystal eWriters and components thereof
of the investigations. Industrial users,
and, if the merchandise under
BILLING CODE 7020–02–P that infringe U.S. Patent Nos. 7,351,506
(‘‘the ’506 patent’’) and 8,947,604 (‘‘the
1 The record is defined in sec. 207.2(f) of the ’604 patent’’). Id. The Commission’s
Commission’s Rules of Practice and Procedure (19 notice of investigation named as
CFR 207.2(f)). respondents Shenzhen Howshow

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Document Created: 2017-09-29 03:27:29
Document Modified: 2017-09-29 03:27:29

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 Pitcher 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 45608