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)

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


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

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.

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

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