82_FR_9243 82 FR 9221 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; and Granting a Motion To Amend the Complaint and Notice of Investigation

82 FR 9221 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; and Granting a Motion To Amend the Complaint and Notice of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9221-9223
FR Document2017-02276

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``final ID'') issued by the presiding administrative law judge (``ALJ'') on November 30, 2016, finding a violation of section 337 of the Tariff Act of 1930, in the above-captioned investigation. The Commission has also determined to grant the motion filed on December 23, 2016, by the complainants to amend the complaint and notice of investigation. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the public interest, and bonding.

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017)
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9221-9223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02276]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-972]


Certain Automated Teller Machines, ATM Modules, Components 
Thereof, and Products Containing the Same; Commission Determination To 
Review in Part a Final Initial Determination Finding a Violation of 
Section 337; Schedule for Filing Written Submissions on the Issues 
Under Review and on Remedy, the Public Interest, and Bonding; and 
Granting a Motion To Amend the Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the final initial 
determination (``final ID'') issued by the presiding administrative law 
judge (``ALJ'') on November 30, 2016, finding a violation of section 
337 of the Tariff Act of 1930, in the above-captioned investigation. 
The Commission has also determined to grant the motion filed on 
December 23, 2016, by the complainants to amend the complaint and 
notice of investigation. The Commission requests certain briefing from 
the parties on the issues under review, as indicated in this notice. 
The Commission also requests briefing from the parties and interested 
persons on the issues of remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-708-2532. 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 (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 this investigation 
on November 20, 2015, based on a complaint filed by Diebold 
Incorporated and Diebold Self-Service Systems (collectively, 
``Diebold''). 80 FR 72735-36 (Nov. 20, 2015). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain automated teller machines, ATM modules, components thereof, and 
products containing the same by reason of infringement of certain 
claims of six United States Patents: 7,121,461 (``the '461 patent''); 
7,249,761 (``the '761 patent''); 7,314,163 (``the '163 patent''); 
6,082,616 (``the '616 patent''); 7,229,010 (``the '010 patent''); and 
7,832,631 (``the '631 patent''). Id. The notice of investigation named 
as respondents Nautilus Hyosung Inc. of Seoul, Republic of Korea; 
Nautilus Hyosung America Inc. of Irving, Texas; and HS Global, Inc. of 
Brea, California (collectively, ``Nautilus''). Id. at 72736. The Office 
of Unfair Import Investigations was not named as a party. Id.
    The '461 patent, '761 patent, and '163 patent were previously 
terminated from the investigation. See Order No. 12 (Apr. 28, 2016), 
not reviewed, Notice (May 11, 2016); Order No. 21 (June 28, 2016), not 
reviewed, Notice (July 28, 2016). The presiding administrative law 
judge (``ALJ'') conducted an evidentiary hearing from August 29, 2016 
through September 1, 2016. On November 30, 2016, the ALJ issued the 
final Initial Determination (``final ID'' or ``ID''). The final ID 
found a violation of section 337 with respect to the '616 and '631 
patents, and no violation with respect to the '010 patent. ID at 207-
09. The ALJ recommended that a limited exclusion order and cease and 
desist orders issue against Nautilus.
    Nautilus and Diebold each filed a petition for review of the ID. No 
party petitioned for review concerning the '010 patent, the Commission 
has determined not to review the ID's finding of no violation as to the 
'010 patent, and the investigation is hereby terminated as to that 
patent. What remain are asserted claims 1, 5-8, 10, 16, 26 and 27 of 
the '616 patent; and asserted claims 1-7 and 18-20 of the '631 patent. 
Diebold's petition deals principally with the '616 patent, and 
Nautilus's petition deals principally with the '631 patent.
    Separately, on December 23, 2016, Diebold moved the Commission for 
leave to amend the complaint and notice of investigation to change the 
name of Diebold, Incorporated (one of the two complainants) to Diebold 
Nexdorf, Incorporated. Nautilus did not oppose the motion. The 
Commission hereby grants the motion.
    On December 30, 2016, the parties submitted statements on the 
public interest. Diebold contends that the investigation does not raise 
any public interest concerns. Nautilus asserts that a Commission 
exclusion order should include a certification provision and that any 
Commission remedial orders be tailored to allow repair of existing 
Nautilus ATMs in the United States. In addition, the Commission 
received submissions from United States Representative James B. 
Renacci, United States Senator Sherrod Brown, and certain Nautilus 
customers.
    Having reviewed the record of investigation, including the ALJ's 
orders and initial determinations, including the final ID, as well as 
the parties' petitions for review and responses thereto, the Commission 
has determined to review the ID in part.
    For the '616 patent, the Commission has determined to review the 
constructions of the terms ``service opening'' and ``a second position

[[Page 9222]]

wherein . . . the service opening is not accessible from outside the 
housing.'' The Commission finds that the term ``service opening'' is to 
receive its plain and ordinary meaning. The Commission finds that the 
term means ``an opening through which a component may be serviced.'' 
The Commission finds that the term ``second position wherein . . . the 
service opening is not accessible from outside the housing'' is to be 
afforded its plain and ordinary meaning. The claim language ``the 
service opening is not accessible from outside the housing'' in the 
second position, read in view of the intrinsic record of the '616 
patent, expressly states that ``the service opening is not 
accessible''; it does not state that the ``service point'' is not 
accessible from outside the housing in the second position. The 
Commission's reasoning in support of its claim construction 
determinations is set forth more fully in the Commission Claim 
Construction Opinion.
    In view of the Commission's determination to review and modify the 
construction of these two claim limitations, the Commission has also 
determined to review:
    (1) Whether the accused products infringe each of the asserted 
claims of the '616 patent literally or under the doctrine of 
equivalents;
    (2) whether the asserted claims of the '616 patent are obvious in 
view of Diebold's 1064i ATM; and
    (3) whether Diebold has satisfied the technical prong for the 
domestic industry requirement for the '616 patent.
    The Commission has determined to review and to take no position on 
whether, for the '631 patent, Diebold satisfied the economic prong of 
the domestic industry requirement under 19 U.S.C. 1337(a)(3)(B) based 
on its field service labor expenditures.
    The Commission has determined not to review the remainder of the 
ID.
    The parties are asked to brief the issues for the '616 patent of 
infringement, obviousness in view of Diebold's 1064i ATM, and the 
technical prong, in view of the Commission's constructions, and with 
reference to the applicable law and the existing evidentiary record. 
For each argument presented, the parties' submissions should 
demonstrate that the argument has been preserved in accordance with the 
ALJ's Ground Rules as well as Commission Rule 210.43(b), 19 CFR 
210.43(b).
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
(December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review as set forth 
above. Parties to the investigation, interested government agencies, 
and any other interested parties are encouraged to file written 
submissions on the issues of remedy, the public interest, and bonding. 
Such submissions should address the recommended determination by the 
ALJ on remedy and bonding. The complainants are requested to submit 
proposed remedial orders for the Commission's consideration. The 
complainants are also requested to state the date that the '631 and 
'616 patents expire, the HTSUS numbers under which the accused products 
are imported, and the names of known importers of the products at issue 
in this investigation. The written submissions and proposed remedial 
orders must be filed no later than close of business on February 10, 
2017, and should not exceed 40 pages. Reply submissions must be filed 
no later than the close of business on February 17, 2017, and such 
replies should not exceed 30 pages. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-972'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All nonconfidential written submissions will be available for 
public inspection at the Office of the Secretary and on EDIS.

[[Page 9223]]

    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: January 30, 2017.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2017-02276 Filed 2-2-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                            9221

                                                    SUPPLEMENTARY INFORMATION:     Agenda                   complaint and notice of investigation.                (Apr. 28, 2016), not reviewed, Notice
                                                    topics will include an introduction of                  The Commission requests certain                       (May 11, 2016); Order No. 21 (June 28,
                                                    new BLM managers, an update on the                      briefing from the parties on the issues               2016), not reviewed, Notice (July 28,
                                                    Planning 2.0 Rule, implementation of                    under review, as indicated in this                    2016). The presiding administrative law
                                                    Greater Sage-Grouse plans, and updates                  notice. The Commission also requests                  judge (‘‘ALJ’’) conducted an evidentiary
                                                    on current resource management                          briefing from the parties and interested              hearing from August 29, 2016 through
                                                    planning efforts and major projects.                    persons on the issues of remedy, the                  September 1, 2016. On November 30,
                                                       A public comment period will take                    public interest, and bonding.                         2016, the ALJ issued the final Initial
                                                    place on Feb. 23 from 3 p.m. to 4 p.m.,                 FOR FURTHER INFORMATION CONTACT:                      Determination (‘‘final ID’’ or ‘‘ID’’). The
                                                    where the public may address the RAC.                   Sidney A. Rosenzweig, Office of the                   final ID found a violation of section 337
                                                    Written comments may also be sent to                    General Counsel, U.S. International                   with respect to the ’616 and ’631
                                                    the BLM Utah State Office at the address                Trade Commission, 500 E Street SW.,                   patents, and no violation with respect to
                                                    listed in the ADDRESSES section of this                 Washington, DC 20436, telephone 202–                  the ’010 patent. ID at 207–09. The ALJ
                                                    notice.                                                 708–2532. Copies of non-confidential                  recommended that a limited exclusion
                                                       The meeting is open to the public;                   documents filed in connection with this               order and cease and desist orders issue
                                                    however, transportation, lodging, and                   investigation are or will be available for            against Nautilus.
                                                    meals are the responsibility of the                     inspection during official business
                                                    participating individuals.                                                                                       Nautilus and Diebold each filed a
                                                                                                            hours (8:45 a.m. to 5:15 p.m.) in the                 petition for review of the ID. No party
                                                       Persons who use a                                    Office of the Secretary, U.S.
                                                    telecommunications device for the deaf                                                                        petitioned for review concerning the
                                                                                                            International Trade Commission, 500 E                 ’010 patent, the Commission has
                                                    (TDD) may call the Federal Relay                        Street SW., Washington, DC 20436,
                                                    Service (FRS) at 1–800–877–8339 to                                                                            determined not to review the ID’s
                                                                                                            telephone 202–205–2000. General                       finding of no violation as to the ’010
                                                    leave a message or question for the                     information concerning the Commission
                                                    above individual. The FRS is available                                                                        patent, and the investigation is hereby
                                                                                                            may also be obtained by accessing its                 terminated as to that patent. What
                                                    24 hours a day, seven days a week.                      Internet server (https://www.usitc.gov).
                                                    Replies are provided during normal                                                                            remain are asserted claims 1, 5–8, 10,
                                                                                                            The public record for this investigation              16, 26 and 27 of the ’616 patent; and
                                                    business hours.                                         may be viewed on the Commission’s
                                                       Authority: 43 CFR 1784.4–1.
                                                                                                                                                                  asserted claims 1–7 and 18–20 of the
                                                                                                            electronic docket (EDIS) at https://                  ’631 patent. Diebold’s petition deals
                                                    Richard T. Cardinale,                                   edis.usitc.gov. Hearing-impaired
                                                                                                                                                                  principally with the ’616 patent, and
                                                                                                            persons are advised that information on
                                                    Acting Assistant Secretary, Land and                                                                          Nautilus’s petition deals principally
                                                    Minerals Management.                                    this matter can be obtained by
                                                                                                                                                                  with the ’631 patent.
                                                    [FR Doc. 2017–02301 Filed 2–2–17; 8:45 am]
                                                                                                            contacting the Commission’s TDD
                                                                                                            terminal on 202–205–1810.                                Separately, on December 23, 2016,
                                                    BILLING CODE 4310–DQ–P                                                                                        Diebold moved the Commission for
                                                                                                            SUPPLEMENTARY INFORMATION: The
                                                                                                            Commission instituted this investigation              leave to amend the complaint and
                                                                                                            on November 20, 2015, based on a                      notice of investigation to change the
                                                    INTERNATIONAL TRADE                                                                                           name of Diebold, Incorporated (one of
                                                                                                            complaint filed by Diebold Incorporated
                                                    COMMISSION                                                                                                    the two complainants) to Diebold
                                                                                                            and Diebold Self-Service Systems
                                                    [Investigation No. 337–TA–972]                          (collectively, ‘‘Diebold’’). 80 FR 72735–             Nexdorf, Incorporated. Nautilus did not
                                                                                                            36 (Nov. 20, 2015). The complaint                     oppose the motion. The Commission
                                                    Certain Automated Teller Machines,                      alleged violations of section 337 of the              hereby grants the motion.
                                                    ATM Modules, Components Thereof,                        Tariff Act of 1930, as amended, 19                       On December 30, 2016, the parties
                                                    and Products Containing the Same;                       U.S.C. 1337, in the importation into the              submitted statements on the public
                                                    Commission Determination To Review                      United States, the sale for importation,              interest. Diebold contends that the
                                                    in Part a Final Initial Determination                   and the sale within the United States                 investigation does not raise any public
                                                    Finding a Violation of Section 337;                     after importation of certain automated                interest concerns. Nautilus asserts that a
                                                    Schedule for Filing Written                             teller machines, ATM modules,                         Commission exclusion order should
                                                    Submissions on the Issues Under                         components thereof, and products                      include a certification provision and
                                                    Review and on Remedy, the Public                        containing the same by reason of                      that any Commission remedial orders be
                                                    Interest, and Bonding; and Granting a                   infringement of certain claims of six                 tailored to allow repair of existing
                                                    Motion To Amend the Complaint and                       United States Patents: 7,121,461 (‘‘the               Nautilus ATMs in the United States. In
                                                    Notice of Investigation                                 ’461 patent’’); 7,249,761 (‘‘the ’761                 addition, the Commission received
                                                    AGENCY: U.S. International Trade                        patent’’); 7,314,163 (‘‘the ’163 patent’’);           submissions from United States
                                                    Commission.                                             6,082,616 (‘‘the ’616 patent’’); 7,229,010            Representative James B. Renacci, United
                                                    ACTION: Notice.                                         (‘‘the ’010 patent’’); and 7,832,631 (‘‘the           States Senator Sherrod Brown, and
                                                                                                            ’631 patent’’). Id. The notice of                     certain Nautilus customers.
                                                    SUMMARY:    Notice is hereby given that                 investigation named as respondents
                                                    the U.S. International Trade                                                                                     Having reviewed the record of
                                                                                                            Nautilus Hyosung Inc. of Seoul,
                                                    Commission has determined to review                                                                           investigation, including the ALJ’s orders
                                                                                                            Republic of Korea; Nautilus Hyosung
                                                    in part the final initial determination                                                                       and initial determinations, including
                                                                                                            America Inc. of Irving, Texas; and HS
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (‘‘final ID’’) issued by the presiding                                                                        the final ID, as well as the parties’
                                                                                                            Global, Inc. of Brea, California
                                                    administrative law judge (‘‘ALJ’’) on                   (collectively, ‘‘Nautilus’’). Id. at 72736.           petitions for review and responses
                                                    November 30, 2016, finding a violation                  The Office of Unfair Import                           thereto, the Commission has determined
                                                    of section 337 of the Tariff Act of 1930,               Investigations was not named as a party.              to review the ID in part.
                                                    in the above-captioned investigation.                   Id.                                                      For the ’616 patent, the Commission
                                                    The Commission has also determined to                      The ’461 patent, ’761 patent, and ’163             has determined to review the
                                                    grant the motion filed on December 23,                  patent were previously terminated from                constructions of the terms ‘‘service
                                                    2016, by the complainants to amend the                  the investigation. See Order No. 12                   opening’’ and ‘‘a second position


                                               VerDate Sep<11>2014   17:26 Feb 02, 2017   Jkt 241001   PO 00000   Frm 00031   Fmt 4703   Sfmt 4703   E:\FR\FM\03FEN1.SGM   03FEN1


                                                    9222                           Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices

                                                    wherein . . . the service opening is not                United States, and/or (2) issue one or                Commission’s consideration. The
                                                    accessible from outside the housing.’’                  more cease and desist orders that could               complainants are also requested to state
                                                    The Commission finds that the term                      result in the respondent(s) being                     the date that the ’631 and ’616 patents
                                                    ‘‘service opening’’ is to receive its plain             required to cease and desist from                     expire, the HTSUS numbers under
                                                    and ordinary meaning. The Commission                    engaging in unfair acts in the                        which the accused products are
                                                    finds that the term means ‘‘an opening                  importation and sale of such articles.                imported, and the names of known
                                                    through which a component may be                        Accordingly, the Commission is                        importers of the products at issue in this
                                                    serviced.’’ The Commission finds that                   interested in receiving written                       investigation. The written submissions
                                                    the term ‘‘second position wherein . . .                submissions that address the form of                  and proposed remedial orders must be
                                                    the service opening is not accessible                   remedy, if any, that should be ordered.               filed no later than close of business on
                                                    from outside the housing’’ is to be                     If a party seeks exclusion of an article              February 10, 2017, and should not
                                                    afforded its plain and ordinary meaning.                from entry into the United States for                 exceed 40 pages. Reply submissions
                                                    The claim language ‘‘the service                        purposes other than entry for                         must be filed no later than the close of
                                                    opening is not accessible from outside                  consumption, the party should so                      business on February 17, 2017, and such
                                                    the housing’’ in the second position,                   indicate and provide information                      replies should not exceed 30 pages. No
                                                    read in view of the intrinsic record of                 establishing that activities involving                further submissions on these issues will
                                                    the ’616 patent, expressly states that                  other types of entry either are adversely             be permitted unless otherwise ordered
                                                    ‘‘the service opening is not accessible’’;              affecting it or likely to do so. For                  by the Commission.
                                                    it does not state that the ‘‘service point’’            background, see Certain Devices for                      Persons filing written submissions
                                                    is not accessible from outside the                      Connecting Computers via Telephone                    must file the original document
                                                    housing in the second position. The                     Lines, Inv. No. 337–TA–360, USITC                     electronically on or before the deadlines
                                                    Commission’s reasoning in support of                    Pub. No. 2843, Comm’n Op. (December                   stated above and submit 8 true paper
                                                    its claim construction determinations is                1994).                                                copies to the Office of the Secretary by
                                                    set forth more fully in the Commission                     If the Commission contemplates some                noon the next day pursuant to section
                                                    Claim Construction Opinion.                             form of remedy, it must consider the                  210.4(f) of the Commission’s Rules of
                                                       In view of the Commission’s                          effects of that remedy upon the public                Practice and Procedure (19 CFR
                                                    determination to review and modify the                  interest. The factors the Commission                  210.4(f)). Submissions should refer to
                                                    construction of these two claim                         will consider include the effect that an              the investigation number (‘‘Inv. No.
                                                    limitations, the Commission has also                    exclusion order and/or cease and desist               337–TA–972’’) in a prominent place on
                                                    determined to review:                                   orders would have on (1) the public                   the cover page and/or the first page. (See
                                                       (1) Whether the accused products                     health and welfare, (2) competitive                   Handbook for Electronic Filing
                                                    infringe each of the asserted claims of                 conditions in the U.S. economy, (3) U.S.              Procedures, https://www.usitc.gov/
                                                    the ’616 patent literally or under the                  production of articles that are like or               documents/handbook_on_filing_
                                                    doctrine of equivalents;                                directly competitive with those that are              procedures.pdf). Persons with questions
                                                       (2) whether the asserted claims of the               subject to investigation, and (4) U.S.                regarding filing should contact the
                                                    ’616 patent are obvious in view of                      consumers. The Commission is                          Secretary (202–205–2000).
                                                    Diebold’s 1064i ATM; and                                therefore interested in receiving written                Any person desiring to submit a
                                                       (3) whether Diebold has satisfied the                submissions that address the                          document to the Commission in
                                                    technical prong for the domestic                        aforementioned public interest factors                confidence must request confidential
                                                    industry requirement for the ’616                       in the context of this investigation.                 treatment. All such requests should be
                                                    patent.                                                    If the Commission orders some form                 directed to the Secretary to the
                                                       The Commission has determined to                     of remedy, the U.S. Trade                             Commission and must include a full
                                                    review and to take no position on                       Representative, as delegated by the                   statement of the reasons why the
                                                    whether, for the ’631 patent, Diebold                   President, has 60 days to approve or                  Commission should grant such
                                                    satisfied the economic prong of the                     disapprove the Commission’s action.                   treatment. See 19 CFR 201.6. Documents
                                                    domestic industry requirement under 19                  See Presidential Memorandum of July                   for which confidential treatment by the
                                                    U.S.C. 1337(a)(3)(B) based on its field                 21, 2005, 70 FR 43251 (July 26, 2005).                Commission is properly sought will be
                                                    service labor expenditures.                             During this period, the subject articles              treated accordingly. All information,
                                                       The Commission has determined not                    would be entitled to enter the United                 including confidential business
                                                    to review the remainder of the ID.                      States under bond, in an amount                       information and documents for which
                                                       The parties are asked to brief the                   determined by the Commission. The                     confidential treatment is properly
                                                    issues for the ’616 patent of                           Commission is therefore interested in                 sought, submitted to the Commission for
                                                    infringement, obviousness in view of                    receiving submissions concerning the                  purposes of this Investigation may be
                                                    Diebold’s 1064i ATM, and the technical                  amount of the bond that should be                     disclosed to and used: (i) By the
                                                    prong, in view of the Commission’s                      imposed if a remedy is ordered.                       Commission, its employees and Offices,
                                                    constructions, and with reference to the                   Written Submissions: The parties to                and contract personnel (a) for
                                                    applicable law and the existing                         the investigation are requested to file               developing or maintaining the records
                                                    evidentiary record. For each argument                   written submissions on the issues under               of this or a related proceeding, or (b) in
                                                    presented, the parties’ submissions                     review as set forth above. Parties to the             internal investigations, audits, reviews,
                                                    should demonstrate that the argument                    investigation, interested government                  and evaluations relating to the
                                                    has been preserved in accordance with                   agencies, and any other interested                    programs, personnel, and operations of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the ALJ’s Ground Rules as well as                       parties are encouraged to file written                the Commission including under 5
                                                    Commission Rule 210.43(b), 19 CFR                       submissions on the issues of remedy,                  U.S.C. Appendix 3; or (ii) by U.S.
                                                    210.43(b).                                              the public interest, and bonding. Such                government employees and contract
                                                       In connection with the final                         submissions should address the                        personnel, solely for cybersecurity
                                                    disposition of this investigation, the                  recommended determination by the ALJ                  purposes. All nonconfidential written
                                                    Commission may (1) issue an order that                  on remedy and bonding. The                            submissions will be available for public
                                                    could result in the exclusion of the                    complainants are requested to submit                  inspection at the Office of the Secretary
                                                    subject articles from entry into the                    proposed remedial orders for the                      and on EDIS.


                                               VerDate Sep<11>2014   17:26 Feb 02, 2017   Jkt 241001   PO 00000   Frm 00032   Fmt 4703   Sfmt 4703   E:\FR\FM\03FEN1.SGM   03FEN1


                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                                 9223

                                                      The authority for the Commission’s                    and all persons who requested the                       Issued: January 31, 2017.
                                                    determination is contained in section                   opportunity were permitted to appear in               Katherine M. Hiner,
                                                    337 of the Tariff Act of 1930, as                       person or by counsel.                                 Acting Supervisory Attorney.
                                                    amended (19 U.S.C. 1337), and in Part                      The Commission made this                           [FR Doc. 2017–02340 Filed 2–2–17; 8:45 am]
                                                    210 of the Commission’s Rules of                        determination pursuant to section                     BILLING CODE 7020–02–P
                                                    Practice and Procedure (19 CFR part                     735(b) of the Act (19 U.S.C. 1673d(b)).
                                                    210).
                                                                                                            It completed and filed its determination
                                                      By order of the Commission.                           in this investigation on January 30,
                                                      Issued: January 30, 2017.                                                                                   DEPARTMENT OF JUSTICE
                                                                                                            2017. The views of the Commission are
                                                    Lisa R. Barton,                                         contained in USITC Publication 4666                   Drug Enforcement Administration
                                                    Secretary to the Commission.                            (January 2017), entitled Large
                                                    [FR Doc. 2017–02276 Filed 2–2–17; 8:45 am]              Residential Washers from China:                       Richard W. Walker, Jr., M.D.; Decision
                                                    BILLING CODE 7020–02–P                                  Investigation No. 731–TA–1306 (Final).                and Order
                                                                                                              By order of the Commission.                            On October 3, 2016, the Assistant
                                                                                                              Issued: January 30, 2017.                           Administrator, Diversion Control
                                                    INTERNATIONAL TRADE
                                                                                                            Lisa R. Barton,                                       Division, Drug Enforcement
                                                    COMMISSION
                                                                                                            Secretary to the Commission.                          Administration (DEA), issued an Order
                                                    [Investigation No. 731–TA–1306 (Final)]                                                                       to Show Cause to Richard W. Walker,
                                                                                                            [FR Doc. 2017–02245 Filed 2–2–17; 8:45 am]
                                                                                                                                                                  M.D. (Registrant), of League City, Texas.
                                                    Large Residential Washers From China                    BILLING CODE 7020–02–P
                                                                                                                                                                  The Show Cause Order proposed the
                                                    Determination                                                                                                 revocation of his DEA Certificate of
                                                                                                                                                                  Registration No. AW2558750, on the
                                                       On the basis of the record 1 developed               INTERNATIONAL TRADE                                   ground that he does not have authority
                                                    in the subject investigation, the United                COMMISSION                                            to dispense controlled substances in
                                                    States International Trade Commission                                                                         Texas, the State in which he is
                                                    (‘‘Commission’’) determines, pursuant                   [Investigation No. 731–TA–718 (Fourth                 registered with the Agency. Order to
                                                    to section 735(b) of the Tariff Act of                  Review)]                                              Show Cause, at 1 (citing 21 U.S.C. 823(f)
                                                    1930 (19 U.S.C. 1673d(b)) (‘‘the Act’’),                                                                      and 824(a)(3)).
                                                    that an industry in the United States is                Glycine From China; Determination                        With respect to the Agency’s
                                                    materially injured by reason of imports                                                                       jurisdiction, the Show Cause Order
                                                    of large residential washers from China,                  On the basis of the record 1 developed              alleged that Registrant is the holder of
                                                    provided for in subheading 8450.20.00                   in the subject five-year review, the                  Registration No. AW2558750, pursuant
                                                    of the Harmonized Tariff Schedule of                    United States International Trade                     to which he is authorized to dispense
                                                    the United States, that have been found                 Commission (‘‘Commission’’)                           controlled substances in schedules II
                                                    by the Department of Commerce                           determines, pursuant to the Tariff Act of             through V as a practitioner, at the
                                                    (‘‘Commerce’’) to be sold in the United                 1930 (‘‘the Act’’), that revocation of the            registered address of 4604 Hispania
                                                    States at less than fair value (‘‘LTFV’’).              antidumping duty order on glycine from                View Drive, League City, Texas. Id. The
                                                    Background                                              China would be likely to lead to                      Order also alleges that Registrant’s
                                                                                                            continuation or recurrence of material                registration does not expire until May
                                                       The Commission instituted this                       injury to an industry in the United                   31, 2017. Id.
                                                    investigation effective December 16,
                                                                                                            States within a reasonably foreseeable                   As ground for the proposed action,
                                                    2015, following receipt of a petition
                                                                                                            time.                                                 the Show Cause Order alleged that
                                                    filed with the Commission and
                                                                                                                                                                  ‘‘[t]he Texas Medical Board issued an
                                                    Commerce by Whirlpool Corporation,                      Background
                                                                                                                                                                  order, effective June 10, 2016, which
                                                    Benton Harbor, Michigan. The
                                                                                                              The Commission, pursuant to section                 accepted [the] surrender of [his]
                                                    Commission scheduled the final phase
                                                                                                            751(c) of the Act (19 U.S.C. 1675(c)),                authority to practice medicine.’’ Id. The
                                                    of the investigation following
                                                                                                            instituted this review on August 1, 2016              Order thus asserted that as a
                                                    notification of a preliminary
                                                                                                            (81 FR 50547) and determined on                       consequence of the Board’s action,
                                                    determination by Commerce that
                                                                                                            November 4, 2016 that it would conduct                Registrant is without authority to
                                                    imports of large residential washers
                                                                                                            an expedited review (81 FR 87589,                     dispense controlled substances in
                                                    from China were being sold at LTFV
                                                                                                            December 5, 2016).                                    Texas, the State in which he is
                                                    within the meaning of section 733(b) of
                                                                                                                                                                  registered, and thus, ‘‘DEA must
                                                    the Act (19 U.S.C. 1673b(b)). Notice of                   The Commission made this                            revoke’’ his Registration. Id. at 1 (citing
                                                    the scheduling of the final phase of the                determination pursuant to section                     21 U.S.C. 802(21), 823(f)(1) and
                                                    Commission’s investigation and of a                     751(c) of the Act (19 U.S.C. 1675(c)). It             824(a)(3)).
                                                    public hearing to be held in connection                 completed and filed its determination in                 The Show Cause Order notified
                                                    therewith was given by posting copies                   this review on January 31, 2017. The                  Registrant of his right to request a
                                                    of the notice in the Office of the                      views of the Commission are contained                 hearing on the allegations or to submit
                                                    Secretary, U.S. International Trade                     in USITC Publication 4667 (January                    a written statement in lieu of a hearing,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Commission, Washington, DC, and by                      2017), entitled Glycine From China:                   the procedure for electing either option,
                                                    publishing the notice in the Federal                    Investigation No. 731–TA–718 (Fourth                  and the consequence of failing to elect
                                                    Register of August 18, 2016 (81 FR
                                                                                                            Review).                                              either option. Id. at 2 (citing 21 CFR
                                                    55231). The hearing was held in
                                                                                                              By order of the Commission.                         1301.43).
                                                    Washington, DC, on December 7, 2016,
                                                                                                                                                                     The Show Cause Order also notified
                                                      1 The record is defined in sec. 207.2(f) of the         1 The record is defined in sec. 207.2(f) of the     Registrant of his right to submit a
                                                    Commission’s Rules of Practice and Procedure (19        Commission’s Rules of Practice and Procedure (19      corrective action plan. Id. at 2–3 (citing
                                                    CFR 207.2(f)).                                          CFR 207.2(f)).                                        21 U.S.C. 824(c)(2)(C)).


                                               VerDate Sep<11>2014   17:26 Feb 02, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\03FEN1.SGM   03FEN1



Document Created: 2018-02-01 14:34:40
Document Modified: 2018-02-01 14:34:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactSidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2532. 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 (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 Citation82 FR 9221 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR