82 FR 58652 - Certain Ink Cartridges and Components Thereof; Notice of Commission Determination Not to Review an Initial Determination Granting a Joint Motion To Terminate the Advisory Opinion Proceeding Based on a Settlement Agreement; Termination of the Advisory Opinion Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 238 (December 13, 2017)

Page Range		58652-58653
FR Document		2017-26826

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 6) granting a joint motion to terminate the consolidated advisory opinion proceeding in the above-captioned investigations based on a settlement agreement. The consolidated advisory opinion proceeding is terminated.

Federal Register, Volume 82 Issue 238 (Wednesday, December 13, 2017)

[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58652-58653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26826]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 337-TA-565/946; (Advisory Opinion Proceeding)]


Certain Ink Cartridges and Components Thereof; Notice of 
Commission Determination Not to Review an Initial Determination 
Granting a Joint Motion To Terminate the Advisory Opinion Proceeding 
Based on a Settlement Agreement; Termination of the Advisory Opinion 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 6) granting a joint motion to terminate the 
consolidated advisory opinion proceeding in the above-captioned 
investigations based on a settlement agreement. The consolidated 
advisory opinion proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 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. 
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 Inv. No. 337-TA-
565 on March 23, 2006, based on a complaint filed by Epson Portland, 
Inc. of Hillsboro, Oregon, Epson America, Inc. of Long Beach, 
California, and Seiko Epson Corporation of Nagano-Ken, Japan 
(collectively, ``Epson''). 71 FR 14720 (Mar. 23, 2006). The complaint 
alleged violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, by reason of infringement of certain claims of 
U.S. Patent Nos. 5,615,957; 5,622,439; 5,158,377; 5,221,148; 5,156,472; 
5,488,401; 6,502,917; 6,550,902; 6,955,422; 7,008,053; and 7,011,397. 
The Commission's notice of investigation named 24 respondents including 
Ninestar Technology Company Ltd. of Montclair, California 
(``Ninestar''). The Office of Unfair Import Investigations (``OUII'') 
participated in the investigation. Several respondents were terminated 
from the investigation on the basis of settlement agreements or consent 
orders or were found in default. On October 19, 2007, the Commission 
issued a general exclusion order (``GEO'') and a limited exclusion 
order. The Commission also issued cease and desist orders (``CDO'') 
directed to several domestic respondents.
    The Commission instituted Inv. No. 337-TA-946 on January 27, 2015, 
based on a complaint filed by Epson. 80 FR 4314-16 (Jan. 27, 2015). 
That complaint alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain 
claims of U.S. Patent Nos. 8,366,233; 8,454,116; 8,794,749; 8,801,163; 
and 8,882,513. The Commission's notice of investigation named numerous 
respondents. OUII participated in the investigation. All the 
participating respondents were terminated from the investigation as a 
result of settlement agreements and/or consent motion stipulations. A 
number of the named respondents defaulted. On October 28, 2015, the 
presiding administrative law judge (ALJ) issued an initial 
determination granting Epson's motion for summary determination of 
violation of section 337 by the defaulting respondents. Based on 
evidence of a pattern of violation and difficulty ascertaining the 
source of the infringing products, the Commission issued a GEO and CDOs 
directed to two defaulted domestic respondents on May 26, 2016.
    On April 26, 2017, Ninestar, Ninestar Image Tech. Ltd., and Apex 
Microtech Ltd. (collectively, ``Requesters'') filed a request for a 
consolidated advisory opinion proceeding in both investigations 
pursuant to Commission Rule 210.79 (19 CFR 210.79). Specifically, 
Requesters seek an advisory opinion that will declare that their 
refurbished Epson ink cartridges remanufactured using empty Epson ink 
cartridges collected from the United States are outside the scope of 
the GEOs and CDOs issued in both investigations. Requesters also ask 
that the consolidated advisory opinion proceeding be conducted in an 
expedited manner pursuant to

[[Page 58653]]

Commission Rule 210.2 (19 CFR 210.2), without a formal hearing or 
discovery. Epson filed a timely response opposing the request. 
Thereafter, Requesters filed a motion for leave to file a reply to 
Epson's response.
    On June 16, 2017, the Commission determined to institute a 
consolidated advisory opinion proceeding in both investigations and 
referred the request to the Chief ALJ to designate a presiding ALJ. 82 
FR 27723 (Jun. 16, 2017). Epson, the Requesters, and OUII were named as 
parties to the proceeding. The Commission also determined to deny 
Requesters' motion for leave to file a reply.
    On November 17, 2017, Epson and the Requesters filed a joint motion 
to terminate the consolidated advisory opinion proceeding based on a 
settlement agreement. The joint motion included a confidential version 
of the settlement agreement. A public version of the agreement was 
filed with the public version of the joint motion. That same day, OUII 
filed a response in support of the joint motion. On November 22, 2017, 
the ALJ issued the subject ID (Order No. 6) granting the joint motion 
to terminate the consolidated advisory opinion proceeding. No petitions 
for review were filed.
    The Commission has determined not to review the subject ID. The 
Commission agrees with the ALJ that the joint motion to terminate the 
consolidated advisory opinion proceeding complies with the Commission's 
rules for termination and that there is no evidence that termination of 
the proceeding will adversely affect the public interest. Order No. 6 
at 2-3.
    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.

    Dated: December 7, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-26826 Filed 12-12-17; 8:45 am]
 BILLING CODE 7020-02-P

58652 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices

Compact for Regulation of Class III INTERNATIONAL TRADE Patent Nos. 5,615,957; 5,622,439;
Gaming between the Confederated COMMISSION 5,158,377; 5,221,148; 5,156,472;
Tribes of the Grand Ronde Community 5,488,401; 6,502,917; 6,550,902;
[Investigation Nos. 337–TA–565/946;
of Oregon and the State of Oregon 6,955,422; 7,008,053; and 7,011,397.
(Advisory Opinion Proceeding)]
governing Class III gaming; this notice The Commission’s notice of
announces approval of the amended Certain Ink Cartridges and investigation named 24 respondents
Compact. Components Thereof; Notice of including Ninestar Technology
Commission Determination Not to Company Ltd. of Montclair, California
This compact takes effect on
DATES: Review an Initial Determination (‘‘Ninestar’’). The Office of Unfair
December 13, 2017. Granting a Joint Motion To Terminate Import Investigations (‘‘OUII’’)
the Advisory Opinion Proceeding participated in the investigation. Several
FOR FURTHER INFORMATION CONTACT: Ms. respondents were terminated from the
Paula L. Hart, Director, Office of Indian Based on a Settlement Agreement;
Termination of the Advisory Opinion investigation on the basis of settlement
Gaming, Office of the Assistant agreements or consent orders or were
Secretary—Indian Affairs, Washington, Proceeding
found in default. On October 19, 2007,
DC 20240, (202) 219–4066. AGENCY: U.S. International Trade the Commission issued a general
SUPPLEMENTARY INFORMATION: Section 11 Commission. exclusion order (‘‘GEO’’) and a limited
of the Indian Gaming Regulatory Act ACTION: Notice. exclusion order. The Commission also
issued cease and desist orders (‘‘CDO’’)
(IGRA) requires the Secretary of the SUMMARY: Notice is hereby given that directed to several domestic
Interior to publish in the Federal the U.S. International Trade respondents.
Register notice of approved Tribal-State Commission has determined not to The Commission instituted Inv. No.
compacts that are for the purpose of review an initial determination (‘‘ID’’) 337–TA–946 on January 27, 2015, based
engaging in Class III gaming activities (Order No. 6) granting a joint motion to on a complaint filed by Epson. 80 FR
on Indian lands. See Public Law 100– terminate the consolidated advisory 4314–16 (Jan. 27, 2015). That complaint
497, 25 U.S.C. 2701 et seq. All Tribal- opinion proceeding in the above- alleged violations of section 337 of the
State Class III compacts, including captioned investigations based on a Tariff Act of 1930, as amended, 19
amendments, are subject to review and settlement agreement. The consolidated U.S.C. 1337, by reason of infringement
approval by the Secretary under 25 CFR advisory opinion proceeding is of certain claims of U.S. Patent Nos.
293.4. The Amendment to the Amended terminated. 8,366,233; 8,454,116; 8,794,749;
and Restated Tribal-State Compact for FOR FURTHER INFORMATION CONTACT:
8,801,163; and 8,882,513. The
Regulation of Class III Gaming between Cathy Chen, Office of the General Commission’s notice of investigation
the Confederated Tribes of the Grand Counsel, U.S. International Trade named numerous respondents. OUII
Ronde Community of Oregon and the Commission, 500 E Street SW, participated in the investigation. All the
State of Oregon amends the previous Washington, DC 20436, telephone (202) participating respondents were
compact, revises parts of the definition terminated from the investigation as a
205–2392. Copies of non-confidential
section, clarifies procedures for offering result of settlement agreements and/or
documents filed in connection with this
new types of video lottery terminals, consent motion stipulations. A number
investigation are or will be available for
of the named respondents defaulted. On
and moves certain language regarding inspection during official business
October 28, 2015, the presiding
cooperation between Tribal and State hours (8:45 a.m. to 5:15 p.m.) in the
administrative law judge (ALJ) issued an
law enforcement to another section of Office of the Secretary, U.S.
initial determination granting Epson’s
the Compact. The Amendment to the International Trade Commission, 500 E
motion for summary determination of
Amended and Restated Tribal-State Street SW, Washington, DC 20436,
violation of section 337 by the
Compact for Regulation of Class III telephone (202) 205–2000. General
defaulting respondents. Based on
Gaming between the Confederated information concerning the Commission evidence of a pattern of violation and
Tribes of the Grand Ronde Community may also be obtained by accessing its difficulty ascertaining the source of the
of Oregon and the State of Oregon is internet server at https://www.usitc.gov. infringing products, the Commission
approved. See 25 U.S.C. 2710(d)(8)(A). The public record for this investigation issued a GEO and CDOs directed to two
may be viewed on the Commission’s defaulted domestic respondents on May
Dated: November 9, 2017. electronic docket (EDIS) at https:// 26, 2016.
John Tahsuda, edis.usitc.gov. Hearing-impaired On April 26, 2017, Ninestar, Ninestar
Acting Assistant Secretary—Indian Affairs. persons are advised that information on Image Tech. Ltd., and Apex Microtech
[FR Doc. 2017–26816 Filed 12–12–17; 8:45 am] this matter can be obtained by Ltd. (collectively, ‘‘Requesters’’) filed a
BILLING CODE 4337–15–P
contacting the Commission’s TDD request for a consolidated advisory
terminal on (202) 205–1810. opinion proceeding in both
SUPPLEMENTARY INFORMATION: The investigations pursuant to Commission
Commission instituted Inv. No. 337– Rule 210.79 (19 CFR 210.79).
TA–565 on March 23, 2006, based on a Specifically, Requesters seek an
complaint filed by Epson Portland, Inc. advisory opinion that will declare that
of Hillsboro, Oregon, Epson America, their refurbished Epson ink cartridges
Inc. of Long Beach, California, and
sradovich on DSK3GMQ082PROD with NOTICES

remanufactured using empty Epson ink
Seiko Epson Corporation of Nagano- cartridges collected from the United
Ken, Japan (collectively, ‘‘Epson’’). 71 States are outside the scope of the GEOs
FR 14720 (Mar. 23, 2006). The and CDOs issued in both investigations.
complaint alleged violations of section Requesters also ask that the
337 of the Tariff Act of 1930, as consolidated advisory opinion
amended, 19 U.S.C. 1337, by reason of proceeding be conducted in an
infringement of certain claims of U.S. expedited manner pursuant to

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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices 58653

Commission Rule 210.2 (19 CFR 210.2), JUDICIAL CONFERENCE OF THE Also, ArcSoft Inc., Freemont, CA;
without a formal hearing or discovery. UNITED STATES ASD Electronics, Kowloon, HONG
Epson filed a timely response opposing KONG–CHINA; EDC GmbH,
the request. Thereafter, Requesters filed Hearings of the Judicial Conference Langenhagen, GERMANY; Orion
a motion for leave to file a reply to Advisory Committees on the Federal Electric Co., Ltd., Fukui, JAPAN; Pixela
Epson’s response. Rules of Appellate and Criminal Corporation, Osaka, JAPAN; TEAC
Procedure and Rules of Evidence Corporation, Tokyo, JAPAN; and
On June 16, 2017, the Commission
AGENCY: Advisory Committees on the Yamaha Corporation, Hamamatsu,
determined to institute a consolidated JAPAN, have withdrawn as parties to
advisory opinion proceeding in both Federal Rules of Appellate and Criminal
Procedure, and Rules of Evidence, this venture.
investigations and referred the request No other changes have been made in
to the Chief ALJ to designate a presiding Judicial Conference of the United States.
either the membership or planned
ALJ. 82 FR 27723 (Jun. 16, 2017). Epson, ACTION: Notice of cancellation of public
activity of the group research project.
the Requesters, and OUII were named as hearings. Membership in this group research
parties to the proceeding. The SUMMARY: The January 5, 2018 public project remains open, and DVD CCA
Commission also determined to deny hearings in Phoenix, Arizona, on intends to file additional written
Requesters’ motion for leave to file a proposed amendments to the Appellate, notifications disclosing all changes in
reply. Criminal and Evidence Rules, the Rules membership.
On November 17, 2017, Epson and the Governing Section 2254 Cases in the On April 11, 2001, DVD CCA filed its
United States District Courts, and the original notification pursuant to Section
Requesters filed a joint motion to
Rules Governing Section 2255 6(a) of the Act. The Department of
terminate the consolidated advisory
Proceedings for the United States Justice published a notice in the Federal
opinion proceeding based on a
District Courts have been canceled. Register pursuant to Section 6(b) of the
settlement agreement. The joint motion Act on August 3, 2001 (66 FR 40727).
included a confidential version of the FOR FURTHER INFORMATION CONTACT:
The last notification was filed with
settlement agreement. A public version Rebecca A. Womeldorf, Rules
the Department on August 23, 2017. A
of the agreement was filed with the Committee Secretary, Rules Committee
notice was published in the Federal
public version of the joint motion. That Staff, Administrative Office of the
Register pursuant to Section 6(b) of the
same day, OUII filed a response in United States Courts, Washington, DC
Act on September 29, 2017 (82 FR
support of the joint motion. On 20544, telephone (202) 502–1820.
45611).
November 22, 2017, the ALJ issued the SUPPLEMENTARY INFORMATION:
Announcement for this hearing was Patricia A. Brink,
subject ID (Order No. 6) granting the
previously published in 82 FR 37610. Director of Civil Enforcement, Antitrust
joint motion to terminate the Division.
consolidated advisory opinion Dated: December 7, 2017.
[FR Doc. 2017–26891 Filed 12–12–17; 8:45 am]
proceeding. No petitions for review Rebecca A. Womeldorf,
BILLING CODE P
were filed. Rules Committee Secretary.
The Commission has determined not [FR Doc. 2017–26789 Filed 12–12–17; 8:45 am]
to review the subject ID. The BILLING CODE 2210–55–P DEPARTMENT OF JUSTICE
Commission agrees with the ALJ that
the joint motion to terminate the Antitrust Division
consolidated advisory opinion DEPARTMENT OF JUSTICE
Notice Pursuant to the National
proceeding complies with the Cooperative Research and Production
Antitrust Division
Commission’s rules for termination and Act of 1993—Cooperative Research
that there is no evidence that Notice Pursuant to the National Group on CHEDE–VII
termination of the proceeding will Cooperative Research and Production
adversely affect the public interest. Act of 1993—DVD Copy Control Notice is hereby given that, on
Order No. 6 at 2–3. Association November 8, 2017, pursuant to Section
6(a) of the National Cooperative
The authority for the Commission’s Notice is hereby given that, on Research and Production Act of 1993,
determination is contained in section November 21, 2017, pursuant to Section 15 U.S.C. 4301 et seq. (‘‘the Act’’),
337 of the Tariff Act of 1930, as 6(a) of the National Cooperative Southwest Research Institute—
amended (19 U.S.C. 1337), and in part Research and Production Act of 1993, Cooperative Research Group on
210 of the Commission’s Rules of 15 U.S.C. 4301 et seq. (‘‘the Act’’), DVD CHEDE–VII (‘‘CHEDE–VII’’) has filed
Practice and Procedure (19 CFR part Copy Control Association (‘‘DVD CCA’’) written notifications simultaneously
210). has filed written notifications with the Attorney General and the
By order of the Commission. simultaneously with the Attorney Federal Trade Commission disclosing
General and the Federal Trade changes in its membership. The
Dated: December 7, 2017.
Commission disclosing changes in its notifications were filed for the purpose
William R. Bishop, membership. The notifications were of extending the Act’s provisions
Supervisory Hearings and Information filed for the purpose of extending the limiting the recovery of antitrust
Officer. Act’s provisions limiting the recovery of
sradovich on DSK3GMQ082PROD with NOTICES

plaintiffs to actual damages under
[FR Doc. 2017–26826 Filed 12–12–17; 8:45 am] antitrust plaintiffs to actual damages specified circumstances. Specifically,
BILLING CODE 7020–02–P under specified circumstances. General Motors, Detroit, MI, has
Specifically, Cinram GmbH, Oliphant, withdrawn as a party to this venture.
PA; Kaleidescape, Inc., Mountain View, No other changes have been made in
CA; and Lite-On Technology Corp., either the membership or planned
Taipei, TAIWAN, have been added as activity of the group research project.
parties to this venture. Membership in this group research

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Document Created: 2017-12-13 01:23:39
Document Modified: 2017-12-13 01:23:39

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		Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2392. 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 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. 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 Citation		82 FR 58652