82 FR 51872 - Certain LED Lighting Devices, LED Power Supplies, and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range		51872-51873
FR Document		2017-24323

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 21, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Philips Lighting North America Corp. of Somerset, New Jersey and Philips Lighting Holding B.V. of the Netherlands. Supplements to the complaint were filed on October 6 and 30, 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 LED lighting devices, LED power supplies, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,586,890 (``the '890 patent''); U.S. Patent No. 7,038,399 (``the '399 patent''); U.S. Patent No. 7,256,554 (``the '554 patent''); U.S. Patent No. 7,262,559 (``the '559 patent''); and U.S. Patent No. 8,070,328 (``the '328 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)

[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51872-51873]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24323]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1081]


Certain LED Lighting Devices, LED Power Supplies, and Components 
Thereof Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 21, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Philips 
Lighting North America Corp. of Somerset, New Jersey and Philips 
Lighting Holding B.V. of the Netherlands. Supplements to the complaint 
were filed on October 6 and 30, 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 LED lighting devices, LED power supplies, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 6,586,890 (``the '890 patent''); U.S. Patent No. 7,038,399 
(``the '399 patent''); U.S. Patent No. 7,256,554 (``the '554 patent''); 
U.S. Patent No. 7,262,559 (``the '559 patent''); and U.S. Patent No. 
8,070,328 (``the '328 patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(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.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 2, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain LED lighting 
devices, LED power supplies, and components thereof by reason of 
infringement of one or more of claims 14, 22, and 30 of the '890 
patent; claims 1, 2, 4, 5, 7, 8, 17-19, 34, 35, 47, 48, and 58-60 of 
the '399 patent; claims 1, 2, 5-7, 12, 46, 47, and 49-51 of the '554 
patent; claims 6 and 12 of the '559 patent; and claims 1, 2, 4, 7, and 
9 of the '328 patent; and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Philips Lighting North America Corp., 200 Franklin Square Drive, 
Somerset, NJ 08873.
Philips Lighting Holding B.V., High Tech Campus 45, Eindhoven, 5656 AE, 
Netherlands.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660.
Edgewell Personal Care Brands, LLC, 6 Research Drive, Shelton, CT 
06484.
Feit Electric Company, Inc. (China), Zone B, 2/F, Xinyu Building, No. 
17 Huoju East Road, Huli District Xiamen, China.
Lowe's Companies, Inc., 1000 Lowe's Boulevard, Mooresville, NC 28117.
L G Sourcing, Inc., 1605 Curtis Bridge Road, North Wilkesboro, NC 
28659.
MSi Lighting, Inc., 622 Banyan Trail Suite 200, Boca Raton, FL 33431.
Satco Products, Inc., 110 Heartland Boulevard, Brentwood, NY 11717.
Topaz Lighting Corp., 925 Waverly Avenue, Holtsville, NY 11742.

    Wangs Alliance Corporation d/b/a WAC, Lighting Co., 44 Harbor Park 
Drive, Port Washington, NY 11050.
    WAC Lighting (Shanghai) Co. Ltd., No. 14, Lane 299, Bi Sheng Road, 
Zhang Jiang, Pu Dong District, Shanghai, China 201204.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in the investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.


[[Page 51873]]


    Issued: November 3, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24323 Filed 11-7-17; 8:45 am]
 BILLING CODE 7020-02-P

51872 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

Electronic Document Information terminal on (202) 205–1810. Persons Edgewell Personal Care Brands, LLC, 6
System (EDIS) where the full written with mobility impairments who will Research Drive, Shelton, CT 06484.
submission can be found. need special assistance in gaining access Feit Electric Company, Inc. (China),
By order of the Commission. to the Commission should contact the Zone B, 2/F, Xinyu Building, No. 17
Issued: November 2, 2017. Office of the Secretary at (202) 205– Huoju East Road, Huli District
Lisa R. Barton, 2000. General information concerning Xiamen, China.
Secretary to the Commission.
the Commission may also be obtained Lowe’s Companies, Inc., 1000 Lowe’s
by accessing its internet server at Boulevard, Mooresville, NC 28117.
[FR Doc. 2017–24261 Filed 11–7–17; 8:45 am]
https://www.usitc.gov. The public
BILLING CODE 7020–02–P
record for this investigation may be L G Sourcing, Inc., 1605 Curtis Bridge
viewed on the Commission’s electronic Road, North Wilkesboro, NC 28659.
docket (EDIS) at https://edis.usitc.gov. MSi Lighting, Inc., 622 Banyan Trail
INTERNATIONAL TRADE Suite 200, Boca Raton, FL 33431.
COMMISSION FOR FURTHER INFORMATION CONTACT: The
Office of Docket Services, U.S. Satco Products, Inc., 110 Heartland
[Investigation No. 337–TA–1081] International Trade Commission, Boulevard, Brentwood, NY 11717.
telephone (202) 205–1802. Topaz Lighting Corp., 925 Waverly
Certain LED Lighting Devices, LED
Power Supplies, and Components SUPPLEMENTARY INFORMATION: Avenue, Holtsville, NY 11742.
Authority: The authority for Wangs Alliance Corporation d/b/a
Thereof Institution of Investigation
institution of this investigation is WAC, Lighting Co., 44 Harbor Park
AGENCY: U.S. International Trade contained in section 337 of the Tariff Drive, Port Washington, NY 11050.
Commission. Act of 1930, as amended, 19 U.S.C. 1337
and in section 210.10 of the WAC Lighting (Shanghai) Co. Ltd.,
ACTION: Notice.
Commission’s Rules of Practice and No. 14, Lane 299, Bi Sheng Road,
SUMMARY: Notice is hereby given that a Procedure, 19 CFR 210.10 (2017). Zhang Jiang, Pu Dong District,
complaint was filed with the U.S. Scope of Investigation: Having Shanghai, China 201204.
International Trade Commission on considered the complaint, the U.S. (3) For the investigation so instituted,
September 21, 2017, under section 337 International Trade Commission, on the Chief Administrative Law Judge,
of the Tariff Act of 1930, as amended, November 2, 2017, ordered that— U.S. International Trade Commission,
on behalf of Philips Lighting North (1) Pursuant to subsection (b) of shall designate the presiding
America Corp. of Somerset, New Jersey section 337 of the Tariff Act of 1930, as Administrative Law Judge.
and Philips Lighting Holding B.V. of the amended, an investigation be instituted The Office of Unfair Import
Netherlands. Supplements to the to determine whether there is a Investigations will not participate as a
complaint were filed on October 6 and violation of subsection (a)(1)(B) of party in the investigation.
30, 2017. The complaint alleges section 337 in the importation into the
violations of section 337 based upon the United States, the sale for importation, Responses to the complaint and the
importation into the United States, the or the sale within the United States after notice of investigation must be
sale for importation, and the sale within importation of certain LED lighting submitted by the named respondents in
the United States after importation of devices, LED power supplies, and accordance with section 210.13 of the
certain LED lighting devices, LED power components thereof by reason of Commission’s Rules of Practice and
supplies, and components thereof by infringement of one or more of claims Procedure, 19 CFR 210.13. Pursuant to
reason of infringement of certain claims 14, 22, and 30 of the ’890 patent; claims 19 CFR 201.16(e) and 210.13(a), such
of U.S. Patent No. 6,586,890 (‘‘the ’890 1, 2, 4, 5, 7, 8, 17–19, 34, 35, 47, 48, and responses will be considered by the
patent’’); U.S. Patent No. 7,038,399 (‘‘the 58–60 of the ’399 patent; claims 1, 2, 5– Commission if received not later than 20
’399 patent’’); U.S. Patent No. 7,256,554 7, 12, 46, 47, and 49–51 of the ’554 days after the date of service by the
(‘‘the ’554 patent’’); U.S. Patent No. patent; claims 6 and 12 of the ’559 Commission of the complaint and the
7,262,559 (‘‘the ’559 patent’’); and U.S. patent; and claims 1, 2, 4, 7, and 9 of notice of investigation. Extensions of
Patent No. 8,070,328 (‘‘the ’328 patent’’). the ’328 patent; and whether an time for submitting responses to the
The complaint further alleges that an industry in the United States exists as complaint and the notice of
industry in the United States exists as required by subsection (a)(2) of section investigation will not be granted unless
required by the applicable Federal 337; good cause therefor is shown.
Statute. (2) For the purpose of the Failure of a respondent to file a timely
The complainants request that the investigation so instituted, the following response to each allegation in the
Commission institute an investigation are hereby named as parties upon which complaint and in this notice may be
and, after the investigation, issue a this notice of investigation shall be deemed to constitute a waiver of the
limited exclusion order and cease and served: right to appear and contest the
desist orders. (a) The complainant is: allegations of the complaint and this
ADDRESSES: The complaint, except for Philips Lighting North America Corp., notice, and to authorize the
any confidential information contained 200 Franklin Square Drive, Somerset, administrative law judge and the
therein, is available for inspection NJ 08873. Commission, without further notice to
during official business hours (8:45 a.m. Philips Lighting Holding B.V., High the respondent, to find the facts to be as
to 5:15 p.m.) in the Office of the Tech Campus 45, Eindhoven, 5656 alleged in the complaint and this notice
ethrower on DSK3G9T082PROD with NOTICES

Secretary, U.S. International Trade AE, Netherlands. and to enter an initial determination
Commission, 500 E Street, SW., Room (b) The respondents are the following and a final determination containing
112, Washington, DC 20436, telephone entities alleged to be in violation of such findings, and may result in the
(202) 205–2000. Hearing impaired section 337, and are the parties upon issuance of an exclusion order or a cease
individuals are advised that information which the complaint is to be served: and desist order or both directed against
on this matter can be obtained by Feit Electric Company, Inc., 4901 Gregg the respondent.
contacting the Commission’s TDD Road, Pico Rivera, CA 90660. By order of the Commission.

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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices 51873

Issued: November 3, 2017. establishment and maintenance of at outsourcing facilities when
Lisa R. Barton, reserve stocks. These quotas include determining the Aggregate Production
Secretary to the Commission. imports of ephedrine, pseudoephedrine, Quotas. The DEA notes that it is the
[FR Doc. 2017–24323 Filed 11–7–17; 8:45 am] and phenylpropanolamine, but do not responsibility of all DEA-registered
BILLING CODE 7020–02–P
include imports of controlled dosage form manufacturers to submit
substances for use in industrial quota applications by April 1, in order
processes. for their individual business practices to
On August 7, 2017, a notice titled be considered when the DEA proposes
DEPARTMENT OF JUSTICE
‘‘Proposed Aggregate Production Quotas the Aggregate Production Quota for the
Drug Enforcement Administration for Schedule I and II Controlled following year. 21 CFR 1303.12(b).
Substances and Assessment of Annual These quota applications and comments
[Docket No. DEA–471F] Needs for the List I Chemicals with discrete data regarding the
Ephedrine, Pseudoephedrine, and quantities of the basic classes of
Established Aggregate Production Phenylpropanolamine for 2018’’ was schedule I or II controlled substances
Quotas for Schedule I and II Controlled published in the Federal Register. 82 FR received during the comment period for
Substances and Assessment of 36830. This notice proposed the 2018 the proposed Aggregate Production
Annual Needs for the List I Chemicals aggregate production quotas for each Quotas are taken into consideration
Ephedrine, Pseudoephedrine, and basic class of controlled substance listed before establishing the values presented
Phenylpropanolamine for 2018 in schedules I and II and the 2018 in this Final Order. This DEA-registered
AGENCY: Drug Enforcement assessment of annual needs for the list manufacturer provided no quantitative
Administration, Department of Justice. I chemicals ephedrine, data supporting the position that the
pseudoephedrine, and proposed quota for 2018 will adversely
ACTION: Final order.
phenylpropanolamine. All interested impact outsourcing facilities for DEA to
SUMMARY: This final order establishes persons were invited to comment on or consider. The DEA also received one
the initial 2018 aggregate production object to the proposed aggregate hundred five comments that expressed
quotas for controlled substances in production quotas and the proposed concern that DEA’s proposed reduction
schedules I and II of the Controlled assessment of annual needs on or before of opioids by twenty percent would
Substances Act and the assessment of September 6, 2017. adversely impact the availability of pain
annual needs for the list I chemicals Comments Received relieving prescription drugs for people
ephedrine, pseudoephedrine, and with chronic pain. These comments
phenylpropanolamine. Within the public comment period, were general in nature, and raised issues
the DEA received seventeen comments of specific medical illnesses and
APPLICABLE DATE: Applicable November from three DEA-registered
8, 2017. medical treatment, and therefore are
manufacturers regarding sixteen outside of the scope of this Final Order
FOR FURTHER INFORMATION CONTACT: different schedule I and II controlled for 2018. As a result, these one hundred
Michael J. Lewis, Diversion Control substances and one comment from a and six comments did not provide new
Division, Drug Enforcement DEA-registered manufacturer regarding discrete data for consideration, and do
Administration, 8701 Morrissette Drive, the proposed assessment of annual not impact the original analysis
Springfield, VA 22152, Telephone: (202) needs for the list I chemical involved in establishing the 2018
598–6812. phenylpropanolamine (for conversion). aggregate production quotas.
SUPPLEMENTARY INFORMATION: Commenters stated the proposed
aggregate production quotas for 4- Determination of 2018 Aggregate
Legal Authority anilino-n-phenethyl-4-piperadine Production Quotas and Assessment of
Section 306 of the Controlled (ANPP), amphetamine (for conversion), Annual Needs
Substances Act (CSA) (21 U.S.C. 826) codeine (for sale), diphenoxylate, In determining the 2018 aggregate
requires the Attorney General to fentanyl, gamma hydroxybutyric acid, production quotas and assessment of
establish aggregate production quotas hydrocodone (for sale), annual needs, the DEA has taken into
for each basic class of controlled lisdexamfetamine, methadone, consideration the above comments
substance listed in schedules I and II methadone-intermediate, along with the factors set forth in 21
and for the list I chemicals ephedrine, methylphenidate, morphine (for CFR 1303.11 and 21 CFR 1315.11, in
pseudoephedrine, and conversion), morphine (for sale), accordance with 21 U.S.C. 826(a), and
phenylpropanolamine. The Attorney oxycodone (for sale), oxymorphone (for other relevant factors, including the
General has delegated this function to sale), sufentanil, as well as the proposed 2017 manufacturing quotas, current
the Administrator of the DEA pursuant assessment of annual needs for 2017 sales and inventories, anticipated
to 28 CFR 0.100. phenylpropanolamine (for conversion), 2018 export requirements, industrial
were insufficient to provide for the use, additional applications for 2018
Background quotas, as well as information on
estimated medical, scientific, research,
The 2018 aggregate production quotas and industrial needs of the United research and product development
and assessment of annual needs States, export requirements, and the requirements. Based on all of the above,
represent those quantities of schedule I establishment and maintenance of the Administrator is adjusting the 2018
and II controlled substances and the list reserve stocks. These comments were aggregate production quotas for 2-(4-
I chemicals ephedrine, considered in setting the final 2018 bromo-2,5-dimethoxyphenyl)-n-(2-
ethrower on DSK3G9T082PROD with NOTICES

pseudoephedrine, and Aggregate Production Quotas as methoxybenzyl) ethanamine, 3,4,5-
phenylpropanolamine that may be discussed below. trimethoxy amphetamine, 4-bromo-2,5-
manufactured in the United States in In addition to these seventeen dimethoxy-amphetamine, acryl
2018 to provide for the estimated comments, the DEA received one fentanyl, alfentanil, amobarbital,
medical, scientific, research, industrial comment from a DEA-registered methylphenidate, and nabilone, are
needs of the United States, lawful manufacturer seeking clarification on warranted. Adjustment to the proposed
export requirements, and the whether DEA considers manufacturing assessment of annual needs for

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Document Created: 2017-11-08 01:20:48
Document Modified: 2017-11-08 01:20:48

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		The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		82 FR 51872