82 FR 8209 - Certain Magnetic Tape Cartridges and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 14 (January 24, 2017)

Page Range		8209-8210
FR Document		2017-01531

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 15, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sony Corporation of Japan; Sony Storage Media and Devices Corporation of Japan; Sony DADC US Inc. of Terre Haute, Indiana; and Sony Latin America Inc. of Miami, Florida. Supplements to the complaint were filed on January 5, 2017. The complaint, as supplemented, 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 magnetic tape cartridges and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,345,779 (``the '779 patent''); U.S. Patent No. 6,896,959 (``the '959 patent''); U.S. Patent No. 7,016,137 (``the '137 patent''); and U.S. Patent No. 7,115,331 (``the '331 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. 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 14 (Tuesday, January 24, 2017)

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8209-8210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01531]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1036]


Certain Magnetic Tape Cartridges 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 December 15, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Sony Corporation of Japan; Sony Storage Media and Devices Corporation 
of Japan; Sony DADC US Inc. of Terre Haute, Indiana; and Sony Latin 
America Inc. of Miami, Florida. Supplements to the complaint were filed 
on January 5, 2017. The complaint, as supplemented, alleges violations 
of section 337 based

[[Page 8210]]

upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
magnetic tape cartridges and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,345,779 (``the '779 
patent''); U.S. Patent No. 6,896,959 (``the '959 patent''); U.S. Patent 
No. 7,016,137 (``the '137 patent''); and U.S. Patent No. 7,115,331 
(``the '331 patent''). The complaint further alleges that an industry 
in the United States exists as required by subsection (a)(2) of section 
337.
    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 Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 17, 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 magnetic 
tape cartridges and components thereof by reason of infringement of one 
or more of claims 1-6 of the '779 patent; claims 1, 2, 4-9, 13, 16, and 
17 of the '959 patent; claims 1-5 of the '137 patent; and claims 1-3, 
7, 9-11, 13, 14, 16, and 17 of the '331 patent, and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(l), 
(f)(1), (g)(1).
    (3) 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 complainants are:

Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan
Sony Storage Media and Devices Corporation, 3-4-1 Sakuragi, Tagajo, 
Miyagi 985-0842, Japan
Sony DADC US Inc., 1800 North Fruitridge Avenue, Terre Haute, IN 47804
Sony Latin America Inc., 5201 Blue Lagoon Drive, Suite 400, Miami, FL 
33126

    (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:

Fujifilm Holdings Corporation, 7-3 Akasaka 9-chome, Minato-ku, Tokyo 
107-0052, Japan
Fujifilm Corporation, 7-3 Akasaka 9-chome, Minato-ku, Tokyo 107-0052, 
Japan
Fujifilm Holdings America Corporation, 200 Summit Lake Drive, Valhalla, 
NY 10595
Fujifilm Recording Media U.S.A., Inc., 45 Crosby Drive, Bedford, MA 
01730-1401

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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.

    Issued: January 18, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01531 Filed 1-23-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices 8209

final results is three business days after official business hours (8:45 a.m. to 5:15 On December 20, 2016, the ALJ issued
the issuance of Commerce’s results. If p.m.) in the Office of the Secretary, U.S. an ID (Order No. 11) terminating the
comments contain business proprietary International Trade Commission, 500 E investigation based on the consent order
information (BPI), they must conform Street SW., Washington, DC 20436, stipulations and a joint proposed
with the requirements of sections 201.6, telephone (202) 205–2000. General consent order. The ALJ found that the
207.3, and 207.7 of the Commission’s information concerning the Commission consent order stipulations complied
rules. The Commission’s rules with may also be obtained by accessing its with the rules and that the respondents
respect to filing were revised effective Internet server at https://www.usitc.gov. represented that ‘‘there are no other
July 25, 2014. See 79 FR 35920 (June 25, The public record for this investigation agreements, written or oral, express or
2014), and the revised Commission may be viewed on the Commission’s implied between the parties concerning
Handbook on E-filing, available from the electronic docket (EDIS) at https:// the subject matter of the investigation.’’
Commission’s Web site at https:// edis.usitc.gov. Hearing-impaired The ALJ also found that the joint
edis.usitc.gov. persons are advised that information on proposed consent order complies with
In accordance with sections 201.16(c) this matter can be obtained by Commission Rule 210.21(c)(4). Finally,
and 207.3 of the rules, each document contacting the Commission’s TDD the ALJ found termination of the
filed by a party to the review must be terminal on (202) 205–1810. investigation ‘‘does not impose any
served on all other parties to the review undue burdens on the public health and
(as identified by either the public or BPI SUPPLEMENTARY INFORMATION: The welfare, competitive conditions in the
service list), and a certificate of service Commission instituted this investigation United States economy, production of
must be timely filed. The Secretary will on September 13, 2016, based on a like or directly competitive articles in
not accept a document for filing without complaint, including supplements, filed the United States, or United States
a certificate of service. on behalf of Reebok International Ltd. of consumers.’’
Canton, Massachusetts and Reebok The Commission has determined not
Authority: This review is being conducted
under authority of title VII of the Tariff Act International Limited of England. to review the subject ID and has issued
of 1930; this notice is published pursuant to (‘‘complainants’’). 81 FR 62920 (Sept. the joint consent order. The
section 207.62 of the Commission’s rules. 13, 2016). The complaint as Commission has terminated the
supplemented alleges violations of investigation.
By order of the Commission.
section 337 based upon the importation The authority for the Commission’s
Issued: January 17, 2017.
into the United States, the sale for determination is contained in section
Lisa R. Barton, importation, and the sale within the 337 of the Tariff Act of 1930, as
Secretary to the Commission. United States after importation of amended (19 U.S.C. 1337), and in part
[FR Doc. 2017–01446 Filed 1–23–17; 8:45 am] certain athletic footwear by reason of 210 of the Commission’s Rules of
BILLING CODE 7020–02–P infringement of certain claims of U.S. Practice and Procedure (19 CFR part
Patent No. 7,637,035 and U.S. Patent 210).
No. 8,505,221. The complaint further By order of the Commission.
INTERNATIONAL TRADE alleges that an industry in the United
COMMISSION Issued: January 17, 2017.
States exists as required by subsection
Lisa R. Barton,
[Investigation No. 337–TA–1018] (a)(2) of section 337. The Commission’s
notice of investigation named the Secretary to the Commission.
Certain Athletic Footwear; following respondents: TRB [FR Doc. 2017–01482 Filed 1–23–17; 8:45 am]
Commission’s Determination Not To Acquisitions LLC (‘‘TRB’’) of New York, BILLING CODE 7020–02–P
Review an Initial Determination New York; RBX Active 01 LLC, RBX
Terminating the Investigation; Direct LLC, and RBX.COM LLC
Issuance of Consent Order; (collectively, ‘‘RBX’’) all of New York, INTERNATIONAL TRADE
Termination of the Investigation New York; and Elite Performance COMMISSION
AGENCY: U.S. International Trade Footwear, LLC (‘‘Elite’’) of New York, [Investigation No. 337–TA–1036]
Commission. New York.
On November 14, 2016, respondent Certain Magnetic Tape Cartridges and
ACTION: Notice. Components Thereof Institution of
TRB filed a motion to terminate the
SUMMARY: Notice is hereby given that investigation as to TRB based on a Investigation
the U.S. International Trade consent order stipulation and proposed AGENCY: U.S. International Trade
Commission has determined not to consent order. On November 25, 2016, Commission.
review the presiding administrative law the RBX respondents filed a motion to ACTION: Notice.
judge’s (‘‘ALJ’’) initial determination terminate the investigation as to the
(‘‘ID’’) (Order No. 11) terminating the RBX respondents based on a consent SUMMARY: Notice is hereby given that a
respondents based on consent order order stipulation and proposed consent complaint was filed with the U.S.
stipulations and a joint proposed order. Finally, on December 1, 2016, International Trade Commission on
consent order. The Commission has respondent Elite filed a motion to December 15, 2016, under section 337 of
terminated the investigation. terminate the investigation as to Elite the Tariff Act of 1930, as amended, 19
FOR FURTHER INFORMATION CONTACT: based on a consent order stipulation and U.S.C. 1337, on behalf of Sony
Amanda Pitcher Fisherow, Esq., Office proposed consent order. Complainants Corporation of Japan; Sony Storage
sradovich on DSK3GMQ082PROD with NOTICES

of the General Counsel, U.S. originally opposed TRB’s motion but Media and Devices Corporation of
International Trade Commission, 500 E later complainants and respondents Japan; Sony DADC US Inc. of Terre
Street SW., Washington, DC 20436, filed a joint notice on December 12, Haute, Indiana; and Sony Latin America
telephone (202) 205–2737. Copies of 2016, that complainants now join Inc. of Miami, Florida. Supplements to
non-confidential documents filed in respondents’ motions to terminate. This the complaint were filed on January 5,
connection with this investigation are or filing included a joint proposed consent 2017. The complaint, as supplemented,
will be available for inspection during order, alleges violations of section 337 based

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8210 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices

upon the importation into the United cartridges and components thereof by accordance with section 210.13 of the
States, the sale for importation, and the reason of infringement of one or more of Commission’s Rules of Practice and
sale within the United States after claims 1–6 of the ’779 patent; claims 1, Procedure, 19 CFR 210.13. Pursuant to
importation of certain magnetic tape 2, 4–9, 13, 16, and 17 of the ’959 patent; 19 CFR 201.16(e) and 210.13(a), such
cartridges and components thereof by claims 1–5 of the ’137 patent; and responses will be considered by the
reason of infringement of certain claims claims 1–3, 7, 9–11, 13, 14, 16, and 17 Commission if received not later than 20
of U.S. Patent No. 6,345,779 (‘‘the ’779 of the ’331 patent, and whether an days after the date of service by the
patent’’); U.S. Patent No. 6,896,959 (‘‘the industry in the United States exists as Commission of the complaint and the
’959 patent’’); U.S. Patent No. 7,016,137 required by subsection (a)(2) of section notice of investigation. Extensions of
(‘‘the ’137 patent’’); and U.S. Patent No. 337; time for submitting responses to the
7,115,331 (‘‘the ’331 patent’’). The (2) Pursuant to Commission Rule complaint and the notice of
complaint further alleges that an 210.50(b)(1), 19 CFR 210.50(b)(1), the investigation will not be granted unless
industry in the United States exists as presiding administrative law judge shall good cause therefor is shown.
required by subsection (a)(2) of section take evidence or other information and Failure of a respondent to file a timely
337. hear arguments from the parties and response to each allegation in the
The complainants request that the other interested persons with respect to complaint and in this notice may be
Commission institute an investigation the public interest in this investigation, deemed to constitute a waiver of the
and, after the investigation, issue a as appropriate, and provide the right to appear and contest the
limited exclusion order and cease and Commission with findings of fact and a allegations of the complaint and this
desist orders. recommended determination on this notice, and to authorize the
ADDRESSES: The complaint, except for issue, which shall be limited to the administrative law judge and the
any confidential information contained statutory public interest factors set forth Commission, without further notice to
therein, is available for inspection in 19 U.S.C. 1337(d)(l), (f)(1), (g)(1). the respondent, to find the facts to be as
during official business hours (8:45 a.m. (3) For the purpose of the alleged in the complaint and this notice
to 5:15 p.m.) in the Office of the investigation so instituted, the following and to enter an initial determination
Secretary, U.S. International Trade are hereby named as parties upon which and a final determination containing
Commission, 500 E Street SW., Room this notice of investigation shall be such findings, and may result in the
112, Washington, DC 20436, telephone served: issuance of an exclusion order or a cease
(202) 205–2000. Hearing impaired (a) The complainants are: and desist order or both directed against
individuals are advised that information Sony Corporation, 1–7–1 Konan, the respondent.
on this matter can be obtained by Minato-ku, Tokyo 108–0075, Japan By order of the Commission.
contacting the Commission’s TDD Sony Storage Media and Devices Issued: January 18, 2017.
terminal on (202) 205–1810. Persons Corporation, 3–4–1 Sakuragi, Tagajo,
Lisa R. Barton,
with mobility impairments who will Miyagi 985–0842, Japan
Sony DADC US Inc., 1800 North Secretary to the Commission.
need special assistance in gaining access
Fruitridge Avenue, Terre Haute, IN [FR Doc. 2017–01531 Filed 1–23–17; 8:45 am]
to the Commission should contact the
Office of the Secretary at (202) 205– 47804 BILLING CODE 7020–02–P

2000. General information concerning Sony Latin America Inc., 5201 Blue
the Commission may also be obtained Lagoon Drive, Suite 400, Miami, FL
33126 INTERNATIONAL TRADE
by accessing its internet server at COMMISSION
https://www.usitc.gov. The public (b) The respondents are the following
record for this investigation may be entities alleged to be in violation of [Investigation No. 337–TA–1027]
viewed on the Commission’s electronic section 337, and are the parties upon
docket (EDIS) at https://edis.usitc.gov. which the complaint is to be served: Certain Food Supplements and
Vitamins, Including Ocular
FOR FURTHER INFORMATION CONTACT: The Fujifilm Holdings Corporation, 7–3
Antioxidants and Components Thereof
Office of Unfair Import Investigations, Akasaka 9-chome, Minato-ku, Tokyo
and Products Containing the Same;
U.S. International Trade Commission, 107–0052, Japan
Commission Determination Not To
telephone (202) 205–2560. Fujifilm Corporation, 7–3 Akasaka 9-
Review an Initial Determination
Authority: The authority for chome, Minato-ku, Tokyo 107–0052,
Terminating the Investigation Based
institution of this investigation is Japan
Fujifilm Holdings America Corporation, on Settlement; Termination of the
contained in section 337 of the Tariff
200 Summit Lake Drive, Valhalla, NY Investigation
Act of 1930, as amended, and in section
210.10 of the Commission’s Rules of 10595 AGENCY: U.S. International Trade
Practice and Procedure, 19 CFR 210.10 Fujifilm Recording Media U.S.A., Inc., Commission.
(2016). 45 Crosby Drive, Bedford, MA 01730– ACTION: Notice.
Scope of Investigation: Having 1401
considered the complaint, the U.S. (c) The Office of Unfair Import SUMMARY: Notice is hereby given that
International Trade Commission, on Investigations, U.S. International Trade the U.S. International Trade
January 17, 2017, Ordered that— Commission, 500 E Street SW., Suite Commission has determined not to
(1) Pursuant to subsection (b) of 401, Washington, DC 20436; and review the presiding administrative law
section 337 of the Tariff Act of 1930, as judge’s (‘‘ALJ’’) initial determination
sradovich on DSK3GMQ082PROD with NOTICES

(4) For the investigation so instituted,
amended, an investigation be instituted the Chief Administrative Law Judge, (‘‘ID’’) (Order No. 8) terminating the
to determine whether there is a U.S. International Trade Commission, investigation based on settlement.
violation of subsection (a)(1)(B) of shall designate the presiding FOR FURTHER INFORMATION CONTACT:
section 337 in the importation into the Administrative Law Judge. Amanda P. Fisherow, Office of the
United States, the sale for importation, Responses to the complaint and the General Counsel, U.S. International
or the sale within the United States after notice of investigation must be Trade Commission, 500 E Street SW.,
importation of certain magnetic tape submitted by the named respondents in Washington, DC 20436, telephone (202)

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Document Created: 2018-02-01 15:12:20
Document Modified: 2018-02-01 15:12:20

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 Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 8209