82_FR_45797 82 FR 45609 - Certain Liquid Crystal Ewriters and Components Thereof; Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Order

82 FR 45609 - Certain Liquid Crystal Ewriters and Components Thereof; Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Order

INTERNATIONAL TRADE COMMISSION

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

Page Range45609-45610
FR Document2017-20939

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 in the above-captioned investigation. The Commission has determined to issue a limited exclusion order and cease and desist order. The investigation is terminated.

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017)
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45609-45610]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20939]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1035]


Certain Liquid Crystal Ewriters and Components Thereof; 
Commission Final Determination of Violation of Section 337; Termination 
of Investigation; Issuance of Limited Exclusion Order and Cease and 
Desist Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930 in the above-captioned investigation. The Commission has 
determined to issue a limited exclusion order and cease and desist 
order. The investigation is terminated.

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 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 January 13, 2017, based on a complaint filed by Kent Displays, Inc. 
of Kent, Ohio (``Kent Displays''). 82 FR 4418. The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain liquid crystal eWriters and components 
thereof that infringe U.S. Patent Nos. 7,351,506 (``the '506 patent'') 
and 8,947,604 (``the '604 patent''). Id. The Commission's notice of 
investigation named as respondents Shenzhen Howshow

[[Page 45610]]

Technology Co., Ltd., d/b/a Shenzhen Howshare Technology Co., Ltd., d/
b/a Howshare (``Howshare'') of Shenzhen, China, and Shenzhen SUNstone 
Technology Co., Ltd., d/b/a iQbe (``iQbe'') of Shenzhen, China. Id. The 
Office of Unfair Import Investigations is not participating in this 
investigation. Id.
    On April 11, 2017, the ALJ issued an ID finding iQbe in default for 
failing to respond to the complaint, the notice of investigation, and 
multiple discovery requests, and for failing to respond to an order to 
show cause why it should not be found in default. Order No. 9, not 
reviewed, Notice (May 11, 2017).
    On May 31, 2017, the ALJ issued an ID, granting Kent Displays' 
motion to terminate the investigation with respect to Howshare based on 
a withdrawal of the complaint. Order No. 11 (May 31, 2017).
    On June 1, 2017, Kent Displays filed a declaration seeking a 
limited exclusion order (``LEO'') and a proposed cease and desist order 
(``CDO'') against the defaulted respondent iQbe pursuant to section 
337(g)(1) and Commission Rule 210.16(c). The declaration contains Kent 
Displays' views on remedy, the public interest, and bonding. A proposed 
LEO and CDO were attached to the declaration.
    On June 26, 2017, the Commission issued a notice determining not to 
review Order No. 11. Notice (Jun. 26, 2017); 82 FR 29930-31 (June 30, 
2017). The notice also requested written submissions on the issues of 
remedy, the public interest, and bonding concerning the requested LEO 
and CDO against iQbe. Id.
    On July 10, 2017, Kent Displays filed its submission on remedy, the 
public interest, and bonding. No other submissions were received.
    Having reviewed the submissions on remedy, the public interest, and 
bonding filed in response to the Commission's Notice, and the 
information provided in the complaint, the Commission has determined, 
pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), that the 
appropriate form of relief in this investigation is: (1) An LEO against 
iQbe, prohibiting the unlicensed entry of liquid crystal eWriters and 
components thereof that infringe claims 1-5, 10, 11, 13-16, 18-23, 26, 
and 27 of the '506 patent and/or claims 1, 2, 9-11, 15-17, 21, and 22 
of the '604 patent and (2) an order that iQbe cease and desist from 
importing, selling, marketing, advertising, distributing, transferring 
(except for exportation), soliciting United States agents or 
distributors, and aiding or abetting other entities in the importation, 
sale for importation, sale after importation, transfer (except for 
exportation), or distribution of liquid crystal eWriters and components 
thereof that infringe claims 1-5, 10, 11, 13-16, 18-23, 26, and 27 of 
the '506 patent and/or claims 1, 2, 9-11, 15-17, 21, and 22 of the '604 
patent.
    The Commission has determined that the public interest factors 
enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude 
the issuance of the LEO or CDO. The Commission has determined that 
bonding at 100 percent of the entered value of the covered products is 
required during the period of Presidential review, 19 U.S.C. 1337(j).
    The Commission's order and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    The investigation is terminated.
    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 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20939 Filed 9-28-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                                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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                                                    45610                       Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices

                                                    Technology Co., Ltd., d/b/a Shenzhen                    after importation, transfer (except for               to 5:15 p.m.) in the Office of the
                                                    Howshare Technology Co., Ltd., d/b/a                    exportation), or distribution of liquid               Secretary, U.S. International Trade
                                                    Howshare (‘‘Howshare’’) of Shenzhen,                    crystal eWriters and components thereof               Commission, 500 E Street SW.,
                                                    China, and Shenzhen SUNstone                            that infringe claims 1–5, 10, 11, 13–16,              Washington, DC 20436, telephone (202)
                                                    Technology Co., Ltd., d/b/a iQbe                        18–23, 26, and 27 of the ’506 patent                  205–2000.
                                                    (‘‘iQbe’’) of Shenzhen, China. Id. The                  and/or claims 1, 2, 9–11, 15–17, 21, and                 General information concerning the
                                                    Office of Unfair Import Investigations is               22 of the ’604 patent.                                Commission may also be obtained by
                                                    not participating in this investigation.                   The Commission has determined that                 accessing its Internet server at United
                                                    Id.                                                     the public interest factors enumerated in             States International Trade Commission
                                                       On April 11, 2017, the ALJ issued an                 section 337(g)(1), 19 U.S.C. 1337(g)(1),              (USITC) at https://www.usitc.gov. The
                                                    ID finding iQbe in default for failing to               do not preclude the issuance of the LEO               public record for this investigation may
                                                    respond to the complaint, the notice of                 or CDO. The Commission has                            be viewed on the Commission’s
                                                    investigation, and multiple discovery                   determined that bonding at 100 percent                Electronic Document Information
                                                    requests, and for failing to respond to an              of the entered value of the covered                   System (EDIS) at https://edis.usitc.gov.
                                                    order to show cause why it should not                   products is required during the period                Hearing-impaired persons are advised
                                                    be found in default. Order No. 9, not                   of Presidential review, 19 U.S.C. 1337(j).            that information on this matter can be
                                                    reviewed, Notice (May 11, 2017).                           The Commission’s order and opinion                 obtained by contacting the
                                                       On May 31, 2017, the ALJ issued an                   were delivered to the President and the               Commission’s TDD terminal on (202)
                                                    ID, granting Kent Displays’ motion to                   United States Trade Representative on                 205–1810.
                                                    terminate the investigation with respect                the day of their issuance.
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
                                                    to Howshare based on a withdrawal of                       The investigation is terminated.
                                                    the complaint. Order No. 11 (May 31,                       The authority for the Commission’s                 Commission has received a complaint
                                                    2017).                                                  determination is contained in section                 and a submission pursuant to § 210.8(b)
                                                       On June 1, 2017, Kent Displays filed                 337 of the Tariff Act of 1930, as                     of the Commission’s Rules of Practice
                                                    a declaration seeking a limited                         amended (19 U.S.C. 1337), and in part                 and Procedure filed on behalf of The
                                                    exclusion order (‘‘LEO’’) and a proposed                210 of the Commission’s Rules of                      Gillette Company LLC on September 25,
                                                    cease and desist order (‘‘CDO’’) against                Practice and Procedure (19 CFR part                   2017. The complaint alleges violations
                                                    the defaulted respondent iQbe pursuant                  210).                                                 of section 337 of the Tariff Act of 1930
                                                    to section 337(g)(1) and Commission                                                                           (19 U.S.C. 1337) in the importation into
                                                                                                              By order of the Commission.                         the United States, the sale for
                                                    Rule 210.16(c). The declaration contains                  Issued: September 26, 2017.
                                                    Kent Displays’ views on remedy, the                                                                           importation, and the sale within the
                                                                                                            Lisa R. Barton,                                       United States after importation of
                                                    public interest, and bonding. A
                                                                                                            Secretary to the Commission.                          certain shaving cartridges, components
                                                    proposed LEO and CDO were attached
                                                    to the declaration.                                     [FR Doc. 2017–20939 Filed 9–28–17; 8:45 am]           thereof and products containing same.
                                                       On June 26, 2017, the Commission                     BILLING CODE 7020–02–P                                The complaint names as respondents
                                                    issued a notice determining not to                                                                            Edgewell Personal Care Company of
                                                    review Order No. 11. Notice (Jun. 26,                                                                         Chesterfield, MO; Edgewell Personal
                                                    2017); 82 FR 29930–31 (June 30, 2017).                  INTERNATIONAL TRADE                                   Care Brands, LLC of Shelton, CT;
                                                    The notice also requested written                       COMMISSION                                            Edgewell Personal Care, LLC of Shelton,
                                                    submissions on the issues of remedy,                                                                          CT; Schick Manufacturing, Inc. of
                                                                                                            Notice of Receipt of Complaint;                       Shelton, CT; and Schick (Guangzhou)
                                                    the public interest, and bonding
                                                                                                            Solicitation of Comments Relating to                  Co., Limited of China. The complainant
                                                    concerning the requested LEO and CDO
                                                                                                            the Public Interest                                   requests that the Commission issue a
                                                    against iQbe. Id.
                                                       On July 10, 2017, Kent Displays filed                AGENCY: U.S. International Trade                      limited exclusion, cease and desist
                                                    its submission on remedy, the public                    Commission.                                           orders and impose a bond upon
                                                    interest, and bonding. No other                         ACTION: Notice.                                       respondents’ alleged infringing articles
                                                    submissions were received.                                                                                    during the 60-day Presidential review
                                                       Having reviewed the submissions on                   SUMMARY:   Notice is hereby given that                period pursuant to 19 U.S.C. 1337(j).
                                                    remedy, the public interest, and                        the U.S. International Trade                             Proposed respondents, other
                                                    bonding filed in response to the                        Commission has received a complaint                   interested parties, and members of the
                                                    Commission’s Notice, and the                            entitled Certain Shaving Cartridges,                  public are invited to file comments, not
                                                    information provided in the complaint,                  Components Thereof and Products                       to exceed five (5) pages in length,
                                                    the Commission has determined,                          Containing Same, DN 3257; the                         inclusive of attachments, on any public
                                                    pursuant to section 337(g)(1), 19 U.S.C.                Commission is soliciting comments on                  interest issues raised by the complaint
                                                    1337(g)(1), that the appropriate form of                any public interest issues raised by the              or § 210.8(b) filing. Comments should
                                                    relief in this investigation is: (1) An LEO             complaint or complainant’s filing                     address whether issuance of the relief
                                                    against iQbe, prohibiting the unlicensed                pursuant to the Commission’s Rules of                 specifically requested by the
                                                    entry of liquid crystal eWriters and                    Practice and Procedure.                               complainant in this investigation would
                                                    components thereof that infringe claims                 FOR FURTHER INFORMATION CONTACT: Lisa                 affect the public health and welfare in
                                                    1–5, 10, 11, 13–16, 18–23, 26, and 27 of                R. Barton, Secretary to the Commission,               the United States, competitive
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    the ’506 patent and/or claims 1, 2, 9–11,               U.S. International Trade Commission,                  conditions in the United States
                                                    15–17, 21, and 22 of the ’604 patent and                500 E Street SW., Washington, DC                      economy, the production of like or
                                                    (2) an order that iQbe cease and desist                 20436, telephone (202) 205–2000. The                  directly competitive articles in the
                                                    from importing, selling, marketing,                     public version of the complaint can be                United States, or United States
                                                    advertising, distributing, transferring                 accessed on the Commission’s                          consumers.
                                                    (except for exportation), soliciting                    Electronic Document Information                          In particular, the Commission is
                                                    United States agents or distributors, and               System (EDIS) at https://edis.usitc.gov,              interested in comments that:
                                                    aiding or abetting other entities in the                and will be available for inspection                     (i) Explain how the articles
                                                    importation, sale for importation, sale                 during official business hours (8:45 a.m.             potentially subject to the requested


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Document Created: 2017-09-29 03:26:54
Document Modified: 2017-09-29 03:26:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMegan 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 (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 Citation82 FR 45609 

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