82 FR 55118 - Certain Gas Spring Nailer Products and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 222 (November 20, 2017)

Page Range		55118-55119
FR Document		2017-25053

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 26, 2017, under the Tariff Act of 1930, as amended, on behalf of Kyocera Senco Brands Inc. of Cincinnati, Ohio. A supplement was filed on October 5, 2017. An amended complaint was filed on October 17, 2017. Supplements to the amended complaint were filed on November 3, 2017, November 8, 2017 and November 9, 2017. The amended complaint as supplemented alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain gas spring nailer products and components thereof by reason of infringement of one or more of U.S. Patent No. 8,011,547 (``the '547 patent''); U.S. Patent No. 8,267,296 (``the '296 patent''); U.S. Patent No. 8,267,297 (``the '297 patent''); U.S. Patent No. 8,387,718 (``the '718 patent''); U.S. Patent No. 8,286,722 (``the '722 patent''); and U.S. Patent No. 8,602,282 (``the '282 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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 222 (Monday, November 20, 2017)

[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55118-55119]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25053]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1082]


Certain Gas Spring Nailer Products and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 26, 2017, under the 
Tariff Act of 1930, as amended, on behalf of Kyocera Senco Brands Inc. 
of Cincinnati, Ohio. A supplement was filed on October 5, 2017. An 
amended complaint was filed on October 17, 2017. Supplements to the 
amended complaint were filed on November 3, 2017, November 8, 2017 and 
November 9, 2017. The amended complaint as supplemented alleges 
violations of the Tariff Act based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain gas spring nailer products and components 
thereof by reason of infringement of one or more of U.S. Patent No. 
8,011,547 (``the '547 patent''); U.S. Patent No. 8,267,296 (``the '296 
patent''); U.S. Patent No. 8,267,297 (``the '297 patent''); U.S. Patent 
No. 8,387,718 (``the '718 patent''); U.S. Patent No. 8,286,722 (``the 
'722 patent''); and U.S. Patent No. 8,602,282 (``the '282 patent''). 
The amended complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order, and cease and desist orders.

ADDRESSES: The complaint, as amended, 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

[[Page 55119]]

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, as 
amended, the U.S. International Trade Commission, on November 14, 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 gas spring 
nailer products and components thereof by reason of infringement of one 
or more of claim 30 of the '547 patent; claims 1 and 11 of the '296 
patent; claims 1 and 32 of the '297 patent; claims 1, 10, and 16 of the 
'718 patent; claims 1 and 16 of the '722 patent; and claim 1 of the 
'282 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: Kyocera Senco Brands Inc., 4270 Ivy Pointe 
Boulevard, Cincinnati, OH 45245.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served: Hitachi Koki U.S.A., Limited, 1111 Broadway 
Avenue, Braselton, GA 38517.
    (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 be named as a 
party to this investigation.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondent 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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.

    Issued: November 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-25053 Filed 11-17-17; 8:45 am]
 BILLING CODE 7020-02-P

55118 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices

’386 patent and 1, 4, 9, 27, 36, and 38 the presiding administrative law judge enter an initial determination and a
of the ’502 patent during the course of for investigation; final determination containing such
the Commission’s investigation. (3) For the purpose of the findings, and may result in the issuance
ADDRESSES: The complaint, except for investigation so instituted, the following of an exclusion order or a cease and
any confidential information contained are hereby named as parties upon which desist order or both directed against the
therein, is available for inspection this notice of investigation shall be respondent.
during official business hours (8:45 a.m. served: By order of the Commission.
to 5:15 p.m.) in the Office of the (a) The complainants are:
Issued: November 14, 2017.
Secretary, U.S. International Trade Aqua Connect, Inc., 1815 E. Heim Ave.,
Lisa R. Barton,
Commission, 500 E Street SW., Room Suite 100, Orange, CA 92865
Strategic Technology Partners, LLC, Secretary to the Commission.
112, Washington, DC 20436, telephone
1815 E. Heim Ave., Suite 100, Orange, [FR Doc. 2017–25054 Filed 11–17–17; 8:45 am]
(202) 205–2000. Hearing impaired
individuals are advised that information CA 92865 BILLING CODE 7020–02–P

on this matter can be obtained by (b) The respondent is the following
contacting the Commission’s TDD entity alleged to be in violation of
INTERNATIONAL TRADE
terminal on (202) 205–1810. Persons section 337, and is the party upon
COMMISSION
with mobility impairments who will which the complaint is to be served:
need special assistance in gaining access Apple Inc., 1 Infinite Loop, Cupertino, [Investigation No. 337–TA–1082]
to the Commission should contact the CA 95014.
Office of the Secretary at (202) 205– Certain Gas Spring Nailer Products
(c) The Office of Unfair Import
2000. General information concerning and Components Thereof; Institution
Investigations, U.S. International Trade
the Commission may also be obtained of Investigation
Commission, 500 E Street SW., Suite
by accessing its internet server at 401, Washington, DC 20436; and AGENCY: U.S. International Trade
https://www.usitc.gov. The public (4) For the investigation so instituted, Commission.
record for this investigation may be the Chief Administrative Law Judge, ACTION: Notice.
viewed on the Commission’s electronic U.S. International Trade Commission,
docket (EDIS) at https://edis.usitc.gov. shall designate the presiding SUMMARY: Notice is hereby given that a
FOR FURTHER INFORMATION CONTACT: Administrative Law Judge. Either the complaint was filed with the U.S.
Pathenia M. Proctor, The Office of Chief Administrative Law Judge or the International Trade Commission on
Unfair Import Investigations, U.S. presiding Administrative Law Judge is September 26, 2017, under the Tariff
International Trade Commission, authorized to designate the investigation Act of 1930, as amended, on behalf of
telephone (202) 205–2560. as ‘‘more complicated’’ should either Kyocera Senco Brands Inc. of
SUPPLEMENTARY INFORMATION: one so determine. Cincinnati, Ohio. A supplement was
Responses to the complaint, the filed on October 5, 2017. An amended
Authority: The authority for institution of
this investigation is contained in section 337 motion for temporary relief, and the complaint was filed on October 17,
of the Tariff Act of 1930, as amended, 19 notice of investigation must be 2017. Supplements to the amended
U.S.C. 1337 and in section 210.10 of the submitted by the named respondent in complaint were filed on November 3,
Commission’s Rules of Practice and accordance with sections 210.13 and 2017, November 8, 2017 and November
Procedure, 19 CFR 210.10 (2017). 210.59 of the Commission’s Rules of 9, 2017. The amended complaint as
Scope of Investigation: Having Practice and Procedure, 19 CFR 210.13 supplemented alleges violations of the
considered the complaint, the U.S. and 210.59. Pursuant to 19 CFR 201.16 Tariff Act based upon the importation
International Trade Commission, on (e), 210.13(a), and 210.59, such into the United States, the sale for
November 14, 2017, ordered that— responses will be considered by the importation, and the sale within the
(1) Pursuant to subsection (b) of Commission if received not later than 10 United States after importation of
section 337 of the Tariff Act of 1930, as days after the date of service by the certain gas spring nailer products and
amended, an investigation be instituted Commission of the complaint, the components thereof by reason of
to determine whether there is a motion for temporary relief, and the infringement of one or more of U.S.
violation of subsection (a)(1)(B) of notice of investigation if the Patent No. 8,011,547 (‘‘the ’547 patent’’);
section 337 in the importation into the investigation has not been declared U.S. Patent No. 8,267,296 (‘‘the ’296
United States, the sale for importation, ‘‘more complicated.’’ Extensions of time patent’’); U.S. Patent No. 8,267,297 (‘‘the
or the sale within the United States after for submitting responses to the ’297 patent’’); U.S. Patent No. 8,387,718
importation of certain personal complaint, motion for temporary relief, (‘‘the ’718 patent’’); U.S. Patent No.
computers, mobile devices, digital and the notice of investigation will not 8,286,722 (‘‘the ’722 patent’’); and U.S.
media players, and microconsoles by be granted unless good cause therefor is Patent No. 8,602,282 (‘‘the ’282 patent’’).
reason of infringement of one or more of shown. The amended complaint further alleges
claims 1–4, 8–19, 21–29, and 31–35 of Failure of the respondent to file a that an industry in the United States
the ’386 patent and 1–4, 8–19, 21–29, timely response to each allegation in the exists as required by the applicable
31–36, and 38 of the ’502 patent; and complaint, in the motion for temporary Federal Statute.
whether an industry in the United relief, and in this notice may be deemed The complainant requests that the
States exists as required by subsection to constitute a waiver of the right to Commission institute an investigation
(a)(2) of section 337; appear and contest the allegations of the and, after the investigation, issue a
nshattuck on DSK9F9SC42PROD with NOTICES

(2) Pursuant to section 210.58 of the complaint, the motion for temporary limited exclusion order, and cease and
Commission’s Rules of Practice and relief, and this notice, and to authorize desist orders.
Procedure, 19 CFR 210.58, the motion the administrative law judge and the ADDRESSES: The complaint, as amended,
for temporary relief under subsection (e) Commission, without further notice to except for any confidential information
of section 337 of the Tariff Act of 1930, the respondent, to find the facts to be as contained therein, is available for
which was filed with the complaint, is alleged in the complaint, the motion for inspection during official business
provisionally accepted and referred to temporary relief, and this notice and to hours (8:45 a.m. to 5:15 p.m.) in the

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Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55119

Office of the Secretary, U.S. 1111 Broadway Avenue, Braselton, GA Foreign Operations, and Related
International Trade Commission, 500 E 38517. Programs Appropriations Act, 2017, the
Street SW., Room 112, Washington, DC (3) For the investigation so instituted, Millennium Challenge Corporation
20436, telephone (202) 205–2000. the Chief Administrative Law Judge, (MCC) is publishing a summary of the
Hearing impaired individuals are U.S. International Trade Commission, Millennium Challenge Compact
advised that information on this matter shall designate the presiding between the United States of America,
can be obtained by contacting the Administrative Law Judge. acting through MCC, and the Republic
Commission’s TDD terminal on (202) The Office of Unfair Import of Côte d’Ivoire. Representatives of MCC
205–1810. Persons with mobility Investigations will not be named as a and Côte d’Ivoire signed the compact on
impairments who will need special party to this investigation. November 7, 2017. The complete text of
assistance in gaining access to the Responses to the amended complaint the compact has been posted at: https://
Commission should contact the Office and the notice of investigation must be www.mcc.gov/resources/doc/compact-
of the Secretary at (202) 205–2000. submitted by the named respondent in cote-divoire.
General information concerning the accordance with section 210.13 of the Dated: November 15, 2017.
Commission may also be obtained by Commission’s Rules of Practice and
Jeanne M. Hauch,
accessing its internet server at https:// Procedure, 19 CFR 210.13. Pursuant to
Vice President and General Counsel,
www.usitc.gov. The public record for 19 CFR 201.16(e) and 210.13(a), such Millennium Challenge Corporation.
this investigation may be viewed on the responses will be considered by the
Commission’s electronic docket (EDIS) Commission if received not later than 20 Summary of the Côte d’Ivoire Compact
at https://edis.usitc.gov. days after the date of service by the Overview of MCC Côte d’Ivoire Compact
FOR FURTHER INFORMATION CONTACT: The Commission of the amended complaint
and the notice of investigation. MCC has signed a five-year,
Office of Docket Services, U.S. $524,740,000 compact with the
International Trade Commission, Extensions of time for submitting
responses to the amended complaint Government of Côte d’Ivoire that is
telephone (202) 205–1802. aimed at reducing poverty and
and the notice of investigation will not
SUPPLEMENTARY INFORMATION: accelerating economic growth. The
be granted unless good cause therefor is
Authority: The authority for institution of shown. compact seeks to address two binding
this investigation is contained in section 337 Failure of the respondent to file a constraints to economic growth in Côte
of the Tariff Act of 1930, as amended, 19 timely response to each allegation in the d’Ivoire: (i) Low levels of basic,
U.S.C. 1337 and in section 210.10 of the technical, and vocational skills; and (ii)
amended complaint and in this notice
Commission’s Rules of Practice and barriers to moving goods and people,
Procedure, 19 CFR 210.10 (2017). may be deemed to constitute a waiver of
the right to appear and contest the especially in Abidjan. The compact will
Scope of Investigation: Having allegations of the amended complaint address these constraints through two
considered the complaint, as amended, and this notice, and to authorize the projects designed to support the
the U.S. International Trade administrative law judge and the diversification of the Ivoirian economy
Commission, on November 14, 2017, Commission, without further notice to in its drive for emergence: (i) the Skills
ordered that— the respondent, to find the facts to be as for Employability and Productivity
(1) Pursuant to subsection (b) of alleged in the amended complaint and Project (‘‘Skills Project’’); and (ii) the
section 337 of the Tariff Act of 1930, as this notice and to enter an initial Abidjan Transport Project.
amended, an investigation be instituted determination and a final determination
to determine whether there is a Background and Context
containing such findings, and may
violation of subsection (a)(1)(B) of result in the issuance of an exclusion After passing only five MCC policy
section 337 in the importation into the order or a cease and desist order or both indicators in fiscal year 2012, Côte
United States, the sale for importation, directed against the respondent. d’Ivoire began a systematic effort to
or the sale within the United States after improve its policy performance in order
importation of certain gas spring nailer By order of the Commission. to qualify for MCC funding. As a result
products and components thereof by Issued: November 14, 2017. of those efforts, Côte d’Ivoire has
reason of infringement of one or more of Lisa R. Barton, consistently passed the MCC scorecard
claim 30 of the ’547 patent; claims 1 and Secretary to the Commission. since FY 2015, and in FY 2017 the
11 of the ’296 patent; claims 1 and 32 [FR Doc. 2017–25053 Filed 11–17–17; 8:45 am] country passed 14 indicators. In FY
of the ’297 patent; claims 1, 10, and 16 BILLING CODE 7020–02–P 2015, MCC’s Board of Directors selected
of the ’718 patent; claims 1 and 16 of the Côte d’Ivoire for a threshold program
’722 patent; and claim 1 of the ’282 and in FY 2016, based on continued
patent; and whether an industry in the MILLENNIUM CHALLENGE policy improvement, for development of
United States exists as required by CORPORATION a compact proposal. The compact is
subsection (a)(2) of section 337; seen in Côte d’Ivoire as the fruit of a
(2) For the purpose of the [MCC FR 18–03] long journey of sustained engagement
investigation so instituted, the following with MCC and is poised to become a
are hereby named as parties upon which Notice of Entering Into a Compact With central pillar of the country’s
this notice of investigation shall be the Republic of Côte d’Ivoire relationship with the United States.
served: AGENCY: Millennium Challenge Côte d’Ivoire is located in the coastal
(a) The complainant is: Kyocera Senco Corporation. zone of West Africa and has a
nshattuck on DSK9F9SC42PROD with NOTICES

Brands Inc., 4270 Ivy Pointe Boulevard, ACTION: Notice. population of 22.7 million people, 41.5
Cincinnati, OH 45245. percent of whom are under the age of
(b) The respondents are the following SUMMARY: In accordance with Section 14, and a gross national income per
entities alleged to be in violation of 610(b)(2) of the Millennium Challenge capita of $1,420. With five major ethnic
section 337, and are the parties upon Act of 2003, as amended, and the groups, a sizeable immigrant population
which the amended complaint is to be heading ‘‘Millennium Challenge making up a quarter of the population,
served: Hitachi Koki U.S.A., Limited, Corporation’’ of the Department of State, and more than 60 local languages

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Document Created: 2018-10-25 10:41:19
Document Modified: 2018-10-25 10:41:19

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 55118