82 FR 50678 - Certain Stilbenic Optical Brightening Agents From China and Taiwan; Determinations
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 210 (November 1, 2017)
Federal Register Volume 82, Issue 210 (November 1, 2017)
| Page Range | 50678-50679 | |
| FR Document | 2017-23797 |
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)] [Notices] [Pages 50678-50679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23797] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1186-1187 (Review)] Certain Stilbenic Optical Brightening Agents From China and Taiwan; Determinations On the basis of the record \1\ developed in the subject five-year reviews, the United States International Trade Commission (``Commission'') determines, pursuant to the Tariff Act of 1930 (``the Act''), that revocation of the antidumping duty orders on certain stilbenic optical brightening agents from China and Taiwan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. --------------------------------------------------------------------------- \1\ The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). --------------------------------------------------------------------------- Background The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)), instituted these reviews on April 3, 2017 (82 FR 16226) and determined on July 7, 2017 that it would conduct expedited reviews (82 FR 37237, August 9, 2017). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations [[Page 50679]] in these reviews on October 27, 2017. The views of the Commission are contained in USITC Publication 4737 (October 2017), entitled Certain Stilbenic Optical Brightening Agents from China and Taiwan: Investigation Nos. 731-TA-1186-1187 (Review). By order of the Commission. Issued: October 27, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-23797 Filed 10-31-17; 8:45 am] BILLING CODE 7020-02-P
![50678 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices
INTERNATIONAL TRADE of the asserted patents. Notice (Nov. 18, Modification Proceeding. The
COMMISSION 2015) (see Order No. 38 (Oct. 27, 2015)); Commission grants Cisco’s motion to
Notice (Dec. 1, 2015) (see Order No. 47 file a reply.
[Investigation No. 337–TA–945 (Modification (Nov. 9, 2015)). The Commission has determined that
Proceeding)]
On May 4, 2017, the Commission the request complies with the
Certain Network Devices, Related found a violation of section 337 with requirements for institution of a
Software and Components Thereof (II) respect to certain of the asserted claims modification proceeding under
Institution of Modification Proceeding of the ’577 and ’668 patents. Notice Commission Rule 210.76. Accordingly,
(May 4, 2017); 82 FR 21827–29 (May 10, the Commission has determined to
AGENCY: U.S. International Trade 2017); see also Notice of Correction institute a modification proceeding and
Commission. (May 30, 2017); 82 FR 25811 (June 5, has delegated the proceeding to the
ACTION: Notice. 2017). The Commission issued a limited Chief Administrative Law Judge to
exclusion order (‘‘LEO’’) and a cease designate a presiding Administrative
SUMMARY: Notice is hereby given that and desist order (‘‘CDO’’) against Arista. Law Judge. Cisco, Arista, and OUII are
the U.S. International Trade Id. The Commission did not find a named as parties to the proceeding.
Commission has determined to institute violation with respect to the ’853, ’875, The authority for the Commission’s
a modification proceeding in the above- ’492, and ’211 patents. Id. determination is contained in section
captioned investigation. On June 30, 2017, Cisco filed a notice 337 of the Tariff Act of 1930, as
FOR FURTHER INFORMATION CONTACT: of appeal with the United States Court amended (19 U.S.C. 1337), and in part
Amanda P. Fisherow, Office of the of Appeals for the Federal Circuit 210 of the Commission’s Rules of
General Counsel, U.S. International (‘‘Federal Circuit’’), seeking review of Practice and Procedure (19 CFR part
Trade Commission, 500 E Street SW., the Commission’s finding of no 210).
Washington, DC 20436, telephone (202) violation. Cisco Sys., Inc. v. Int’l Trade By order of the Commission.
205–2737. Copies of non-confidential Comm’n, Appeal No. 17–2289. On July
Issued: October 27, 2017.
documents filed in connection with this 21, 2017, Arista filed a notice of appeal
with the Federal Circuit, seeking review Lisa R. Barton,
investigation are or will be available for Secretary to the Commission.
inspection during official business of the Commission’s finding of
violation. Arista Networks, Inc. v. Int’l [FR Doc. 2017–23785 Filed 10–31–17; 8:45 am]
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S. Trade Comm’n, Appeal No. 17–2336. BILLING CODE 7020–02–P
International Trade Commission, 500 E On August 3, 2017, the Federal Circuit
Street SW., Washington, DC 20436, consolidated the Arista and Cisco
appeals. Cisco Sys., Inc. v. Int’l Trade INTERNATIONAL TRADE
telephone (202) 205–2000. General COMMISSION
Comm’n, Appeal No. 17–2289, Dkt. No.
information concerning the Commission
20. The consolidated appeal is currently [Investigation Nos. 731–TA–1186–1187
may also be obtained by accessing its
pending before the Federal Circuit. (Review)]
Internet server at https://www.usitc.gov. On August 25, 2017, Arista filed a
The public record for this investigation motion with the Federal Circuit seeking Certain Stilbenic Optical Brightening
may be viewed on the Commission’s to stay the Commission’s remedial Agents From China and Taiwan;
electronic docket (EDIS) at https:// orders pending resolution of the appeal Determinations
edis.usitc.gov. Hearing-impaired on the merits. On September 22, 2017,
persons are advised that information on On the basis of the record 1 developed
the Federal Circuit denied this request
this matter can be obtained by ‘‘subject to the condition that the in the subject five-year reviews, the
contacting the Commission’s TDD product redesign on which Cisco relies United States International Trade
terminal on (202) 205–1810. to deny irreparable harm must be Commission (‘‘Commission’’)
SUPPLEMENTARY INFORMATION: The permitted to enter the country, without determines, pursuant to the Tariff Act of
Commission instituted this investigation being blocked by the Commission order 1930 (‘‘the Act’’), that revocation of the
on January 27, 2015, based on a under review in this case, unless and antidumping duty orders on certain
Complaint filed by Cisco Systems, Inc. until Commission proceedings are stilbenic optical brightening agents from
of San Jose, California (‘‘Cisco’’). 80 FR initiated and completed to produce an China and Taiwan would be likely to
4313–14 (Jan. 27, 2015). The Complaint enforceable determination that such a lead to continuation or recurrence of
alleges violations of section 337 of the redesign is barred by the order here material injury to an industry in the
Tariff Act of 1930, as amended, 19 under review or by a new or amended United States within a reasonably
U.S.C. 1337 (‘‘section 337’’), by reason order.’’ Cisco Sys, Inc. v. ITC; Arista foreseeable time.
of infringement of certain claims of U.S. Networks, Inc. v. ITC, Appeal Nos. Background
Patent Nos. 7,023,853 (‘‘the ’853 2017–2289, –2351, Order at 3 (Fed. Cir.
The Commission, pursuant to section
patent’’); 6,377,577 (‘‘the ’577 patent’’); Sept. 22, 2017).
751(c) of the Act (19 U.S.C. 1675(c)),
7,460,492 (‘‘the ’492 patent’’); 7,061,875 On September 27, 2017, Cisco
instituted these reviews on April 3,
(‘‘the ’875 patent’’); 7,224,668 (‘‘the ’668 petitioned for a modification proceeding
2017 (82 FR 16226) and determined on
patent’’); and 8,051,211 (‘‘the ’211 to determine whether Arista’s
July 7, 2017 that it would conduct
patent’’). The Complaint further alleges redesigned switches infringe the patent
expedited reviews (82 FR 37237, August
the existence of a domestic industry. claims that are the subject of the LEO
9, 2017).
The Commission’s Notice of and CDO issued in this investigation
sradovich on DSK3GMQ082PROD with NOTICES
The Commission made these
Investigation named Arista Networks, and for modification of the remedial
determinations pursuant to section
Inc. of Santa Clara, California (‘‘Arista’’) orders to specify the status of these
751(c) of the Act (19 U.S.C. 1675(c)). It
as the respondent. The Office of Unfair redesigned products. On October 10,
completed and filed its determinations
Import Investigations (‘‘OUII’’) was also 2017, Arista filed its opposition to
named as a party to the investigation. Cisco’s petition. On October 17, 2017, 1 The record is defined in sec. 207.2(f) of the
The Commission terminated the Cisco filed a Motion for Leave to Submit Commission’s Rules of Practice and Procedure (19
investigation in part as to certain claims a Reply in Support of Its Petition for a CFR 207.2(f)).
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![Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices 50679
in these reviews on October 27, 2017. Commission’s TDD terminal on (202) party suppliers have the capacity to
The views of the Commission are 205–1810. replace the volume of articles
contained in USITC Publication 4737 SUPPLEMENTARY INFORMATION: The potentially subject to the requested
(October 2017), entitled Certain Commission has received a complaint exclusion order and/or a cease and
Stilbenic Optical Brightening Agents and a submission pursuant to § 210.8(b) desist order within a commercially
from China and Taiwan: Investigation of the Commission’s Rules of Practice reasonable time; and
Nos. 731–TA–1186–1187 (Review). and Procedure filed on behalf of LG (v) explain how the requested
By order of the Commission. Chem, Ltd.; LG Chem Michigan Inc.; LG remedial orders would impact United
Chem Power Inc.; and Toray Industries, States consumers.
Issued: October 27, 2017.
Inc. on October 25, 2017. The complaint Written submissions must be filed no
Lisa R. Barton, later than by close of business, eight
Secretary to the Commission.
alleges violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in calendar days after the date of
[FR Doc. 2017–23797 Filed 10–31–17; 8:45 am]
the importation into the United States, publication of this notice in the Federal
BILLING CODE 7020–02–P
the sale for importation, and the sale Register. There will be further
within the United States after opportunities for comment on the
importation of certain batteries and public interest after the issuance of any
INTERNATIONAL TRADE final initial determination in this
COMMISSION electrochemical devices containing
composite separators, components investigation.
Persons filing written submissions
Notice of Receipt of Complaint; thereof, and products containing same.
must file the original document
Solicitation of Comments Relating to The complaint names as respondents
electronically on or before the deadlines
the Public Interest Amperex Technology Limited of Hong
stated above and submit 8 true paper
Kong; DJI Technology Co., Ltd. of China;
copies to the Office of the Secretary by
AGENCY: U.S. International Trade DJI Technology, Inc. of Burbank, CA;
noon the next day pursuant to § 210.4(f)
Commission. Guangdong OPPO Mobile
of the Commission’s Rules of Practice
ACTION: Notice. Telecommunications Corp., Ltd. of
and Procedure (19 CFR 210.4(f)).
China; and OPPO Digital, Inc. of Menlo
Submissions should refer to the docket
SUMMARY: Notice is hereby given that Park, CA. The complainant requests that
number (‘‘Docket No. 3269’’) in a
the U.S. International Trade the Commission issue a limited
prominent place on the cover page and/
Commission has received a complaint exclusion order, cease and desist orders,
or the first page. (See Handbook for
entitled Certain Batteries and and impose a bond upon respondents’
Electronic Filing Procedures, Electronic
Electrochemical Devices Containing alleged infringing articles during the 60-
Filing Procedures.) 1 Persons with
Composite Separators, Components day Presidential review period pursuant
questions regarding filing should
Thereof, and Products Containing Same, to 19 U.S.C. 1337(j). contact the Secretary (202–205–2000).
DN 3269; the Commission is soliciting Proposed respondents, other
Any person desiring to submit a
comments on any public interest issues interested parties, and members of the
document to the Commission in
raised by the complaint or public are invited to file comments, not
confidence must request confidential
complainant’s filing pursuant to the to exceed five (5) pages in length,
treatment. All such requests should be
Commission’s Rules of Practice and inclusive of attachments, on any public
directed to the Secretary to the
Procedure. interest issues raised by the complaint
Commission and must include a full
or § 210.8(b) filing. Comments should
FOR FURTHER INFORMATION CONTACT: Lisa
statement of the reasons why the
address whether issuance of the relief
R. Barton, Secretary to the Commission, specifically requested by the Commission should grant such
U.S. International Trade Commission, treatment. See 19 CFR 201.6. Documents
complainant in this investigation would
500 E Street SW., Washington, DC for which confidential treatment by the
affect the public health and welfare in
20436, telephone (202) 205–2000. The Commission is properly sought will be
the United States, competitive
public version of the complaint can be treated accordingly. All such requests
conditions in the United States
accessed on the Commission’s should be directed to the Secretary to
economy, the production of like or
Electronic Document Information the Commission and must include a full
directly competitive articles in the
System (EDIS) at https://edis.usitc.gov, statement of the reasons why the
United States, or United States
and will be available for inspection Commission should grant such
consumers.
during official business hours (8:45 a.m. treatment. See 19 CFR 201.6. Documents
In particular, the Commission is
to 5:15 p.m.) in the Office of the for which confidential treatment by the
interested in comments that:
Secretary, U.S. International Trade Commission is properly sought will be
(i) Explain how the articles
Commission, 500 E Street SW., treated accordingly. All information,
potentially subject to the requested
Washington, DC 20436, telephone (202) remedial orders are used in the United including confidential business
205–2000. information and documents for which
States;
confidential treatment is properly
General information concerning the (ii) identify any public health, safety,
sought, submitted to the Commission for
Commission may also be obtained by or welfare concerns in the United States
purposes of this Investigation may be
accessing its Internet server at United relating to the requested remedial
disclosed to and used: (i) By the
States International Trade Commission orders;
Commission, its employees and Offices,
(USITC) at https://www.usitc.gov. The (iii) identify like or directly
sradovich on DSK3GMQ082PROD with NOTICES
and contract personnel (a) for
public record for this investigation may competitive articles that complainant,
developing or maintaining the records
be viewed on the Commission’s its licensees, or third parties make in the
of this or a related proceeding, or (b) in
Electronic Document Information United States which could replace the
internal investigations, audits, reviews,
System (EDIS) at https://edis.usitc.gov. subject articles if they were to be
Hearing-impaired persons are advised excluded; 1 Handbook for Electronic Filing Procedures:
that information on this matter can be (iv) indicate whether complainant, https://www.usitc.gov/documents/handbook_on_
obtained by contacting the complainant’s licensees, and/or third filing_procedures.pdf.
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Document Created: 2017-11-01 02:03:08
Document Modified: 2017-11-01 02:03:08
| 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 | |
| FR Citation | 82 FR 50678 |
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