82 FR 60214 - Certain Document Cameras and Software for Use Therewith; Commission's Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 242 (December 19, 2017)
Federal Register Volume 82, Issue 242 (December 19, 2017)
| Page Range | 60214-60215 | |
| FR Document | 2017-27262 |
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)] [Notices] [Pages 60214-60215] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27262] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1045] Certain Document Cameras and Software for Use Therewith; Commission's Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 20) terminating the investigation based on withdrawal of the complaint. FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 [[Page 60215]] 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 this investigation on March 24, 2017, based on a complaint filed on behalf of Pathway Innovations and Technologies, Inc. (``Complainant'') of San Diego, California. 82 FR 15069-70 (March 24, 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 document cameras and software for use therewith by reason of infringement of certain claims of U.S. Patent No. 8,508,751. The complaint named IPEVO, Inc. of Sunnyvale, California; AVer Information Inc. of Fremont, California; and Lumens Integrations Inc. (``Lumens'') of Fremont, California as respondents. Lumens was previously terminated from the investigation. On November 21, 2017, Complainant filed an unopposed motion to terminate the investigation based on withdrawal of the complaint. On November 24, 2017, the ALJ issued an ID granting the unopposed motion. Order No. 20. The ALJ found that Complainant complied with Commission Rule 210.21. Specifically, the Complainant represented that there are no agreements, written or oral, express or implied concerning the subject matter of the investigation. The ALJ also found that termination of the investigation is not contrary to the public interest and there are no extraordinary circumstances that prevent termination of the investigation. No petitions for review were filed. The Commission has determined not to review the subject ID. 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. Issued: December 14, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-27262 Filed 12-18-17; 8:45 am] BILLING CODE 7020-02-P
![60214 Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
mechanically close the breach as soon tide gauges in Great South Bay will be The hearing was held in Washington,
as possible. reviewed to identify changes in the tidal DC, on October 12, 2017, and all
Alternative 2 (Status Determined prism, which could indicate a change in persons who requested the opportunity
Entirely by Natural Processes) is the no- the breach conditions. were permitted to appear in person or
action alternative and allows the Other changes made as a result of by counsel.
management of the breach under natural comments consisted of clarifying text The Commission made these
processes, to include evolution and added to the final Breach Plan/EIS that determinations pursuant to section
potential growth and/or natural closure. did not substantively change the range 751(c) of the Act (19 U.S.C. 1675(c)). It
Alternative 3 (No Human Intervention of alternatives considered or the completed and filed its determinations
unless Established Criteria are environmental consequences of in these reviews on December 13, 2017.
Exceeded) is identified as the NPS implementing any of the alternatives. The views of the Commission are
preferred alternative. This alternative Appendix C of the final Breach Plan/EIS contained in USITC Publication 4746
allows the evolution, growth, and/or discusses the comments received on the (December 2017), entitled Multilayered
closure of the breach to be determined draft Breach Plan/EIS and provides NPS Wood Flooring from China:
by natural barrier island processes, and responses to substantive comments. Investigation Nos. 701–TA–476 and
human intervention to close the breach 731–TA–1179 (Review).
Dated: August 7, 2017.
would occur only ‘‘to prevent loss of
Cindy MacLeod, By order of the Commission.
life, flooding, and other severe
economic and physical damage to the Acting Regional Director, Northeast Region, Issued: December 13, 2017.
Great South Bay and surrounding National Park Service. Lisa R. Barton,
areas,’’ as allowed by the Otis Pike Fire Editorial note: This document was Secretary to the Commission.
Island High Dune Wilderness Act. received for publication by the Office of the [FR Doc. 2017–27242 Filed 12–18–17; 8:45 am]
Monitoring data collected since 2012 Federal Register on December 13, 2017. BILLING CODE 7020–02–P
and professional judgment of physical [FR Doc. 2017–27244 Filed 12–18–17; 8:45 am]
scientists studying the breach have been BILLING CODE 4312–52–P
used to determine that the three criteria INTERNATIONAL TRADE
described below are the most logical COMMISSION
indicators to alert Seashore staff to
INTERNATIONAL TRADE [Investigation No. 337–TA–1045]
changes in the breach that could elevate
COMMISSION
the risk of severe storm damage in the Certain Document Cameras and
form of loss of life, flooding, and other [Investigation Nos. 701–TA–476 and 731– Software for Use Therewith;
severe economic and physical damage, TA–1179 (Review)] Commission’s Determination Not To
which could lead to a decision to close Review an Initial Determination
the breach under Alternative 3: Multilayered Wood Flooring From
Terminating the Investigation Based
• Criterion 1: Geologic Controls. China; Determinations
on Withdrawal of the Complaint
Erosion-resistant clay to the east and On the basis of the record 1 developed
west of the breach serve as geologic AGENCY: U.S. International Trade
in the subject five-year reviews, the
controls for the breach. If the breach Commission.
United States International Trade
migrates beyond these geologic controls, Commission (‘‘Commission’’) ACTION: Notice.
growth of the breach will be less determines, pursuant to the Tariff Act of
predictable. SUMMARY: Notice is hereby given that
1930 (‘‘the Act’’), that revocation of the the U.S. International Trade
• Criterion 2: Cross-Sectional Area. antidumping and countervailing duty
Originally, the cross-sectional area of Commission has determined not to
orders on multilayered wood flooring review the presiding administrative law
the breach increased rapidly; however, from China would be likely to lead to
the breach has reached a dynamic judge’s (‘‘ALJ’’) initial determination
continuation or recurrence of material (‘‘ID’’) (Order No. 20) terminating the
equilibrium in which the cross-sectional injury to an industry in the United
area has fluctuated between 300 and 600 investigation based on withdrawal of
States within a reasonably foreseeable the complaint.
square meters. A cross-sectional area time.
within or below this range represents a FOR FURTHER INFORMATION CONTACT:
condition in which the effects of the Background Amanda Fisherow, Esq., Office of the
breach are understood. An increase in The Commission, pursuant to section General Counsel, U.S. International
cross-sectional area above this range 751(c) of the Act (19 U.S.C. 1675(c)), Trade Commission, 500 E Street SW,
will indicate breach growth and a instituted these reviews on November 1, Washington, DC 20436, telephone (202)
condition in which the evolution of the 2016 (81 FR 75854) and determined on 205–2737. Copies of non-confidential
breach is less predictable and impacts to February 6, 2017 that it would conduct documents filed in connection with this
the surrounding areas may change. full reviews (82 FR 10588, February 14, investigation are or will be available for
After reviewing and considering all 2017). Notice of the scheduling of the inspection during official business
comments received on the draft Breach Commission’s reviews and of a public hours (8:45 a.m. to 5:15 p.m.) in the
Plan/EIS, the NPS has prepared the final hearing to be held in connection Office of the Secretary, U.S.
Breach Plan/EIS. The final Breach Plan/ therewith was given by posting copies International Trade Commission, 500 E
EIS identifies Alternative 3 as the NPS of the notice in the Office of the Street SW, Washington, DC 20436,
telephone (202) 205–2000. General
sradovich on DSK3GMQ082PROD with NOTICES
preferred alternative with one change Secretary, U.S. International Trade
from the draft Breach Plan/EIS. The Commission, Washington, DC, and by information concerning the Commission
description of alternative 3 was edited publishing the notice in the Federal may also be obtained by accessing its
in the final Breach Plan/EIS to include Register on June 16, 2017 (82 FR 27722). internet server at https://www.usitc.gov.
one additional criterion suggested by The public record for this investigation
commenters: 1 The record is defined in sec. 207.2(f) of the may be viewed on the Commission’s
• Criterion 3: Water Level as Commission’s Rules of Practice and Procedure (19 electronic docket (EDIS) at https://
Measured by Tide Gauges. Data from CFR 207.2(f)). edis.usitc.gov. Hearing-impaired
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![Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices 60215
persons are advised that information on INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: The
this matter can be obtained by COMMISSION Office of Docket Services, U.S.
contacting the Commission’s TDD International Trade Commission,
[Investigation No. 337–TA–1090] telephone (202) 205–1802.
terminal on (202) 205–1810.
Certain Intraoral Scanners and Related SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION: The
Hardware and Software Institution of Authority: The authority for
Commission instituted this investigation institution of this investigation is
on March 24, 2017, based on a Investigation
contained in section 337 of the Tariff
complaint filed on behalf of Pathway AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. 1337
Innovations and Technologies, Inc. Commission. and in section 210.10 of the
(‘‘Complainant’’) of San Diego, ACTION: Notice. Commission’s Rules of Practice and
California. 82 FR 15069–70 (March 24, Procedure, 19 CFR 210.10 (2017).
2017). The complaint alleges violations SUMMARY: Notice is hereby given that a Scope of Investigation: Having
of section 337 based upon the complaint was filed with the U.S. considered the complaint, the U.S.
importation into the United States, the International Trade Commission on International Trade Commission, on
sale for importation, and the sale within November 14, 2017, under section 337 December 13, 2017, ordered that—
the United States after importation of of the Tariff Act of 1930, as amended, (1) Pursuant to subsection (b) of
certain document cameras and software on behalf of Align Technology, Inc. of section 337 of the Tariff Act of 1930, as
for use therewith by reason of San Jose, California. An amended amended, an investigation be instituted
infringement of certain claims of U.S. complaint and supplement were filed to determine whether there is a
Patent No. 8,508,751. The complaint on December 4, 2017. The amended violation of subsection (a)(1)(B) of
named IPEVO, Inc. of Sunnyvale, complaint alleges violations of section section 337 in the importation into the
California; AVer Information Inc. of 337 based upon the importation into the United States, the sale for importation,
Fremont, California; and Lumens United States, the sale for importation, or the sale within the United States after
Integrations Inc. (‘‘Lumens’’) of and the sale within the United States importation of certain intraoral scanners
Fremont, California as respondents. after importation of certain intraoral and related hardware and software by
scanners and related hardware and reason of infringement of one or more of
Lumens was previously terminated from
software by reason of infringement of claims 1–7 and 15–20 of the ’901 patent;
the investigation.
one or more of U.S. Patent No. 9,615,901 claims 1–9 and 15–22 of the ’448 patent;
On November 21, 2017, Complainant (‘‘the ’901 patent’’); U.S. Patent No. claims 1–7, 10, 12, and 17–24 of the
filed an unopposed motion to terminate 8,638,448 (‘‘the ’448 patent’’); U.S. ’447 patent; claims 1–4, 14, 15, and 18–
the investigation based on withdrawal Patent No. 8,638,447 (‘‘the ’447 patent’’); 20 of the ’175 patent; and claims 1, 3–
of the complaint. U.S. Patent No. 6,845,175 (‘‘the ’175 7, and 9–13 of the ’853 patent, and
On November 24, 2017, the ALJ patent’’); and U.S. Patent No. 6,334,853 whether an industry in the United
issued an ID granting the unopposed (‘‘the ’853 patent’’). The amended States exists as required by subsection
motion. Order No. 20. The ALJ found complaint further alleges that an (a)(2) of section 337;
that Complainant complied with industry in the United States exists as (2) For the purpose of the
required by the applicable Federal investigation so instituted, the following
Commission Rule 210.21. Specifically,
Statute. are hereby named as parties upon which
the Complainant represented that there
The complainant requests that the this notice of investigation shall be
are no agreements, written or oral, served:
Commission institute an investigation
express or implied concerning the and, after the investigation, issue a (a) The complainant is: Align
subject matter of the investigation. The limited exclusion order and cease and Technology, Inc., 2820 Orchard
ALJ also found that termination of the desist orders. Parkway, San Jose, CA 95134.
investigation is not contrary to the (b) The respondents are the following
ADDRESSES: The complaint, except for
public interest and there are no entities alleged to be in violation of
any confidential information contained
extraordinary circumstances that therein, is available for inspection section 337, and are the parties upon
prevent termination of the investigation. during official business hours (8:45 a.m. which the complaint is to be served:
No petitions for review were filed. to 5:15 p.m.) in the Office of the 3Shape A/S, Holmens Kanal 7, 1060
The Commission has determined not Secretary, U.S. International Trade Copenhagen K, Denmark.
to review the subject ID. Commission, 500 E Street SW, Room 3Shape, Inc., 10 Independence
112, Washington, DC 20436, telephone Boulevard, Suite 150, Warren, NJ
The authority for the Commission’s 07059.
determination is contained in section (202) 205–2000. Hearing impaired
337 of the Tariff Act of 1930, as individuals are advised that information (3) For the investigation so instituted,
amended (19 U.S.C. 1337), and in Part on this matter can be obtained by the Chief Administrative Law Judge,
contacting the Commission’s TDD U.S. International Trade Commission,
210 of the Commission’s Rules of
terminal on (202) 205–1810. Persons shall designate the presiding
Practice and Procedure (19 CFR part
with mobility impairments who will Administrative Law Judge.
210). need special assistance in gaining access The Office of Unfair Import
By order of the Commission. to the Commission should contact the Investigations will not participate as a
Office of the Secretary at (202) 205–
sradovich on DSK3GMQ082PROD with NOTICES
Issued: December 14, 2017. party in this investigation.
Lisa R. Barton, 2000. General information concerning The Chief Administrative Law Judge
the Commission may also be obtained is authorized to consolidate Inv. No.
Secretary to the Commission.
by accessing its internet server at 337–TA–1090 with Inv. No. 337–TA–
[FR Doc. 2017–27262 Filed 12–18–17; 8:45 am]
https://www.usitc.gov. The public 1091 if he deems appropriate.
BILLING CODE 7020–02–P record for this investigation may be Responses to the complaint and the
viewed on the Commission’s electronic notice of investigation must be
docket (EDIS) at https://edis.usitc.gov. submitted by the named respondents in
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Document Created: 2017-12-19 01:31:05
Document Modified: 2017-12-19 01:31:05
| 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 | Amanda Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 60214 |
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