83 FR 13515 - Certain Programmable Logic Controllers (PLCs) Components Thereof, and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range		13515-13516
FR Document		2018-06377

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 19, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Radwell International, Inc., of Willingboro, New Jersey. 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 programmable logic controllers (PLCs), components thereof, and products containing same by reason of: (1) A conspiracy to fix resale prices in violation of Section 1 of the Sherman Act; (2) a conspiracy to boycott resellers in violation of Section 1 of the Sherman Act; and (3) monopolization in violation of Section 2 of the Sherman Act, the threat or effect of which is to destroy or substantially injure a domestic industry in the United States, or to restrain or monopolize trade and commerce in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13515-13516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06377]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1105]


Certain Programmable Logic Controllers (PLCs) Components Thereof, 
and Products Containing Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 19, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Radwell 
International, Inc., of Willingboro, New Jersey. 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 programmable logic controllers (PLCs), 
components thereof, and products containing same by reason of: (1) A 
conspiracy to fix resale prices in violation of Section 1 of the 
Sherman Act; (2) a conspiracy to boycott resellers in violation of 
Section 1 of the Sherman Act; and (3) monopolization in violation of 
Section 2 of the Sherman Act, the threat or effect of which is to 
destroy or substantially injure a domestic industry in the United 
States, or to restrain or monopolize trade and commerce in the United 
States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 23, 2018, 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)(A) 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 programmable 
logic controllers (PLCs), components thereof, and products containing 
same by reason of: (1) A conspiracy to fix resale prices in violation 
of Section 1 of the Sherman Act; (2) a conspiracy to boycott resellers 
in violation of Section 1 of the Sherman Act; and (3) monopolization in 
violation of Section 2 of the Sherman Act, the threat or effect of 
which is to destroy or substantially injure a domestic industry in the 
United States, or to restrain or monopolize trade and commerce in the 
United States;
    (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)(1), 
(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 complainant is: Radwell International, Inc., 1 Millennium 
Drive, Willingboro, NJ 08046.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Rockwell Automation, Inc., 1201 South 2nd Street, 
Milwaukee, WI 53204-2410.
    (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 respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the 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 the 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

[[Page 13516]]

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: March 26, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-06377 Filed 3-28-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13515

Project, telephone (509) 575–5848, of the Sherman Act, the threat or effect monopolization in violation of Section 2
extension 203; gchristensen@usbr.gov. of which is to destroy or substantially of the Sherman Act, the threat or effect
SUPPLEMENTARY INFORMATION: The Basin injure a domestic industry in the United of which is to destroy or substantially
Conservation Program is structured to States, or to restrain or monopolize injure a domestic industry in the United
provide economic incentives with trade and commerce in the United States, or to restrain or monopolize
cooperative Federal, State, and local States. trade and commerce in the United
funding to stimulate the identification The complainant requests that the States;
and implementation of structural and Commission institute an investigation (2) Pursuant to Commission Rule
nonstructural cost-effective water and, after the investigation, issue a 210.50(b)(1), 19 CFR 210.50(b)(1), the
conservation measures in the Yakima limited exclusion order and a cease and presiding administrative law judge shall
River basin. Improvements in the desist order. take evidence or other information and
efficiency of water delivery and use will ADDRESSES: The complaint, except for hear arguments from the parties and
result in improved streamflows for fish any confidential information contained other interested persons with respect to
and wildlife and improve the reliability therein, is available for inspection the public interest in this investigation,
of water supplies for irrigation. during official business hours (8:45 a.m. as appropriate, and provide the
This notice is published in to 5:15 p.m.) in the Office of the Commission with findings of fact and a
accordance with Section 9(a)(2) of the Secretary, U.S. International Trade recommended determination on this
Federal Advisory Committee Act of Commission, 500 E Street SW, Room issue, which shall be limited to the
1972 (Pub. L. 92–463, as amended). The 112, Washington, DC 20436, telephone statutory public interest factors set forth
certification of renewal is published (202) 205–2000. Hearing impaired in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
below. individuals are advised that information (3) For the purpose of the
on this matter can be obtained by investigation so instituted, the following
Certification are hereby named as parties upon which
contacting the Commission’s TDD
I hereby certify that Charter renewal terminal on (202) 205–1810. Persons this notice of investigation shall be
of the Yakima River Basin Conservation with mobility impairments who will served:
Advisory Group is in the public interest (a) The complainant is: Radwell
need special assistance in gaining access
in connection with the performance of International, Inc., 1 Millennium Drive,
to the Commission should contact the
duties imposed on the Department of Willingboro, NJ 08046.
Office of the Secretary at (202) 205– (b) The respondent is the following
the Interior. 2000. General information concerning entity alleged to be in violation of
Ryan K. Zinke, the Commission may also be obtained section 337, and is the party upon
Secretary of the Interior. by accessing its internet server at which the complaint is to be served:
[FR Doc. 2018–06334 Filed 3–28–18; 8:45 am]
https://www.usitc.gov. The public Rockwell Automation, Inc., 1201 South
record for this investigation may be 2nd Street, Milwaukee, WI 53204–2410.
BILLING CODE 4332–90–P
viewed on the Commission’s electronic (c) The Office of Unfair Import
docket (EDIS) at https://edis.usitc.gov. Investigations, U.S. International Trade
FOR FURTHER INFORMATION CONTACT: Commission, 500 E Street SW, Suite
INTERNATIONAL TRADE
Pathenia M. Proctor, The Office of 401, Washington, DC 20436; and
COMMISSION
Unfair Import Investigations, U.S. (4) For the investigation so instituted,
[Investigation No. 337–TA–1105] International Trade Commission, the Chief Administrative Law Judge,
telephone (202) 205–2560. U.S. International Trade Commission,
Certain Programmable Logic SUPPLEMENTARY INFORMATION: shall designate the presiding
Controllers (PLCs) Components Authority: The authority for Administrative Law Judge.
Thereof, and Products Containing institution of this investigation is Responses to the complaint and the
Same; Institution of Investigation contained in section 337 of the Tariff notice of investigation must be
AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. 1337 submitted by the named respondent in
Commission. and in section 210.10 of the accordance with section 210.13 of the
ACTION: Notice. Commission’s Rules of Practice and Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2017). Procedure, 19 CFR 210.13. Pursuant to
SUMMARY: Notice is hereby given that a Scope of Investigation: Having 19 CFR 201.16(e) and 210.13(a), such
complaint was filed with the U.S. considered the complaint, the U.S. responses will be considered by the
International Trade Commission on International Trade Commission, on Commission if received not later than 20
January 19, 2018, under section 337 of March 23, 2018, ordered that— days after the date of service by the
the Tariff Act of 1930, as amended, on (1) Pursuant to subsection (b) of Commission of the complaint and the
behalf of Radwell International, Inc., of section 337 of the Tariff Act of 1930, as notice of investigation. Extensions of
Willingboro, New Jersey. The complaint amended, an investigation be instituted time for submitting responses to the
alleges violations of section 337 based to determine whether there is a complaint and the notice of
upon the importation into the United violation of subsection (a)(1)(A) of investigation will not be granted unless
States, the sale for importation, and the section 337 in the importation into the good cause therefor is shown.
sale within the United States after United States, the sale for importation, Failure of the respondent to file a
importation of certain programmable or the sale within the United States after timely response to each allegation in the
logic controllers (PLCs), components importation of certain programmable complaint and in this notice may be
sradovich on DSK3GMQ082PROD with NOTICES

thereof, and products containing same logic controllers (PLCs), components deemed to constitute a waiver of the
by reason of: (1) A conspiracy to fix thereof, and products containing same right to appear and contest the
resale prices in violation of Section 1 of by reason of: (1) A conspiracy to fix allegations of the complaint and this
the Sherman Act; (2) a conspiracy to resale prices in violation of Section 1 of notice, and to authorize the
boycott resellers in violation of Section the Sherman Act; (2) a conspiracy to administrative law judge and the
1 of the Sherman Act; and (3) boycott resellers in violation of Section Commission, without further notice to
monopolization in violation of Section 2 1 of the Sherman Act; and (3) the respondent, to find the facts to be as

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13516 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

alleged in the complaint and this notice Secretary, U.S. International Trade Canon Inc., 30–2, Shimomaruko 3-
and to enter an initial determination Commission, 500 E Street SW, Room chome, Ohta-ku, Tokyo 146–8501,
and a final determination containing 112, Washington, DC 20436, telephone Japan
such findings, and may result in the (202) 205–2000. Hearing impaired Canon U.S.A., Inc., One Canon Park,
issuance of an exclusion order or a cease individuals are advised that information Melville, New York 11747
and desist order or both directed against on this matter can be obtained by Canon Virginia, Inc., 12000 Canon
the respondent. contacting the Commission’s TDD Boulevard, Newport News, Virginia
By order of the Commission. terminal on (202) 205–1810. Persons 23606
Issued: March 26, 2018.
with mobility impairments who will (b) The respondents are the following
need special assistance in gaining access entities alleged to be in violation of
Lisa R. Barton,
to the Commission should contact the section 337, and are the parties upon
Secretary to the Commission. Office of the Secretary at (202) 205–
[FR Doc. 2018–06377 Filed 3–28–18; 8:45 am]
which the complaint is to be served:
2000. General information concerning
Ninestar Corporation, No. 3883, Zhuhai
BILLING CODE 7020–02–P the Commission may also be obtained
Avenue, Xiangzhou District, Zhuhai
by accessing its internet server at
Guangdong, China 519060
https://www.usitc.gov. The public
INTERNATIONAL TRADE Ninestar Image Tech Limited, No. 3883,
record for this investigation may be
COMMISSION Zhuhai Avenue, Xiangzhou District,
viewed on the Commission’s electronic
Zhuhai Guangdong, China 519060
[Inv. No. 337–TA–1106] docket (EDIS) at https://edis.usitc.gov.
Ninestar Technology Company, Ltd.,
FOR FURTHER INFORMATION CONTACT: 17950 East Ajax Circle, City of
Certain Toner Cartridges and
Pathenia M. Proctor, The Office of Industry, California 91748
Components Thereof; Institution of
Unfair Import Investigations, U.S. Apex Microtech Ltd., 9/F Unit 18, New
Investigation
International Trade Commission, Commerce Centre, No. 19, On Sum
AGENCY: U.S. International Trade telephone (202) 205–2560. Street, Shatin, N.T., Hong Kong
Commission. SUPPLEMENTARY INFORMATION: Static Control Components, Inc., 3010
ACTION: Notice. Lee Avenue, Sanford, North Carolina
Authority: The authority for institution of 27332–6210
SUMMARY: Notice is hereby given that a this investigation is contained in section 337
of the Tariff Act of 1930, as amended, 19
Aster Graphics, Inc., 540 South Melrose
complaint was filed with the U.S. Street, Placentia, California 92870
U.S.C. 1337 and in section 210.10 of the
International Trade Commission on Jiangxi Yibo E-tech Co., Ltd., No. 756
Commission’s Rules of Practice and
February 28, 2018, under section 337 of Procedure, 19 CFR 210.10 (2017). Guangfu Road, Xinyu Hi-Tech
the Tariff Act of 1930, as amended, on Industry Development Zone, Xinyu
behalf of Canon Inc. of Japan; Canon Scope of Investigation: Having
considered the complaint, the U.S. City, Jiangxi, China 338004
U.S.A. Inc. of Melville, New York; and Aster Graphics Co., Ltd., No. A22–23,
Canon Virginia, Inc. of Newport News, International Trade Commission, on
March 23, 2018, ordered that— Bld. D1, Phase VIII, New Town, Agile
Virginia. The complaint alleges Garden, Sanxiang, Zhongshan,
violations of section 337 based upon the (1) Pursuant to subsection (b) of
Guangdong, China 528463
importation into the United States, the section 337 of the Tariff Act of 1930, as
Print-Rite Holdings Ltd., Unit 8, 10/F,
sale for importation, and the sale within amended, an investigation be instituted
Block A, MP Industrial Centre, No. 18
the United States after importation of to determine whether there is a
Ka Yip Street, Chai Wan, Hong Kong
certain toner cartridges and components violation of subsection (a)(1)(B) of
Print-Rite N.A., Inc., 341 Mason Road,
thereof by reason of infringement of U.S. section 337 in the importation into the
La Vergne, Tennessee 37086
Patent No. 9,746,826 (‘‘the ’826 patent’’); United States, the sale for importation, Union Technology Int’l (M.C.O.) Co.
U.S. Patent No. 9,836,021 (‘‘the ’021 or the sale within the United States after Ltd., 14H, Nam Kwong Building, 223–
patent’’); U.S. Patent No. 9,841,727 (‘‘the importation of certain toner cartridges 225 Avenida Dr. Rodrigo, Rodrigues,
’727 patent’’); U.S. Patent No. 9,841,728 and components thereof by reason of Macau
(‘‘the ’728 patent’’); U.S. Patent No. infringement of one or more of claims Print-Rite Unicorn Image Products Co.
9,841,729 (‘‘the ’729 patent’’); U.S. 1–4, 6, 7, and 9 of the ’826 patent; Ltd., No. 32 Pingbeiyi Road, Nanping
Patent No. 9,857,764 (‘‘the ’764 patent’’); claims 1, 2, 4, 5, 7–11, 13, 18, and 20 Technology, Industry Park, Nanping
U.S. Patent No. 9,857,765 (‘‘the ’765 of the ’021 patent; claims 1, 2, 4–7, 9– Town, Xiangzhou District, Zhuhai,
patent’’); U.S. Patent No. 9,869,960 (‘‘the 12, 15–17, 19–22, 24, 26, and 27 of the China 519060
’960 patent’’); and U.S. Patent No. ’727 patent; claims 1, 2, 4–7, 9–12, 15– Kingway Image Co., Ltd. d/b/a, Zhu Hai
9,874,846 (‘‘the ’846 patent’’). The 17, 19–22, 24, and 26–28 of the ’728 Kingway Image Co., Ltd., No. 1, Ping
complaint further alleges that an patent; claims 1–3, 6, 8–11, 14, 16–21, Dong Road 2, Building 1, 4th Floor,
industry in the United States exists as 24, and 26 of the ’729 patent; claims 7– Nanping Industry Park, Zhuhai, China
required by the applicable Federal 9 of the ’764 patent; claims 1, 3, 4, 6, Ourway Image Tech. Co., Ltd., No. 291
Statute. 13, 16, 17, and 19 of the ’765 patent; People’s West Road, Xiangzhou,
The complainants request that the claims 1–7 of the ’960 patent; and Zhuhai, China
Commission institute an investigation claims 1–3 of the ’846 patent, and Ourway Image Co., Ltd., Unit 403, 4/F,
and, after the investigation, issue a whether an industry in the United Ri Rong Edifice, No. 291 People’s
general exclusion order, or in the States exists as required by subsection
sradovich on DSK3GMQ082PROD with NOTICES

West Road, Xiangzhou, Zhuhai, China
alternative a limited exclusion order, (a)(2) of section 337; Zhuhai Aowei Electronics Co., Ltd.,
and cease and desist orders. (2) For the purpose of the Unit 403, 4/F, Ri Rong Edifice, No.
ADDRESSES: The complaint, except for investigation so instituted, the following 291 People’s West Road, Xiangzhou,
any confidential information contained are hereby named as parties upon which Zhuhai, China
therein, is available for inspection this notice of investigation shall be Ourway US Inc., 17800 Castleton Street,
during official business hours (8:45 a.m. served: Suite 412, City of Industry, California
to 5:15 p.m.) in the Office of the (a) The complainants are: 91748

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Document Created: 2018-03-29 00:25:38
Document Modified: 2018-03-29 00:25:38

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		83 FR 13515