83 FR 22515 - Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 94 (May 15, 2018)
Federal Register Volume 83, Issue 94 (May 15, 2018)
| Page Range | 22515-22516 | |
| FR Document | 2018-10240 |
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)] [Notices] [Pages 22515-22516] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10240] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1112] Certain Radio Frequency Micro-Needle Dermatological Treatment Devices 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 April 9, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Syneron Medical Ltd. of Israel; Candela Corporation of Wayland, Massachusetts; and Massachusetts General Hospital of Boston, Massachusetts. A supplement was filed on April 27, 2018. 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 radio frequency micro-needle dermatological treatment devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,510,899 (``the '899 patent'') and U.S. Patent No. 9,095,357 (``the '357 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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, as supplemented, 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 [[Page 22516]] 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: Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802. 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 May 9, 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)(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 radio frequency micro-needle dermatological treatment devices and components thereof by reason of infringement of one or more of claims 1, 2, 4, 9- 11, 15, 20, and 21 of the '899 patent and claims 1, 2, 4, 9-12, 17, and 18 of the '357 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) 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: Syneron Medical Ltd., Tavor Building, Industrial Zone, Yokneam lllit, 20692, Israel Candela Corporation, 530 Boston Post Road, Wayland, MA 01778 General Hospital Corporation d/b/a, Massachusetts General Hospital, 55 Fruit Street, Boston, MA 02114 (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: Invasix, Inc., 21084 Bake Parkway, Suite 106, Lake Forest, CA 92618 Invasix, Ltd., Apolo Building, Shaar Yokneam, Yokneam, 20692, Israel Inmode Md, Ltd., 20996 Bake Parkway, Suite 106, Lake Forest, CA 92630 Ilooda Co., Ltd., 37-1 Imok-dong, Imok-dong, Jangan-gu, Suwon-si, Gyeonggi-do, Republic of Korea Cutera, Inc., 3240 Bayshore Boulevard, Brisbane, CA 94005 Emvera Technologies, LLC, 641 10th Street, Cedartown, GA 30125 Rohrer Aesthetics, LLC, 105 Citation Court, Homewood, AL 35209 Lutronic, Corp., Lutronic Center, 219 Sowon-ro, Deogyang-gu, Goyang-si, Geonggi-do, Republic of Korea Lutronic, Inc., 19 Fortune Drive, Billerica, MA 01821 Endymed Medical Inc., 790 Madison Avenue, Suite 402, New York, NY 10065 Endymed Medical Ltd., 12 Leshem Street, North Industrial Park, Caesarea, 30889 Israel Sung Hwan E&B Co., Ltd. d/b/a SHEnB Co., Ltd., 148 Seongsui-Ro, Soengdong-Gu, Seoul 04796, Republic of Korea Aesthetics Biomedical, Inc., 4602 N 16th Street, Suite 300, Phoenix, AZ 85016 Cartessa Aesthetics, 210 Peoples Way, Hockessin, DE 19707-1904 Jeisys Medical, Inc., 307 Daeryung Techno Town 8th, Gamasan-ro 96, Geumcheon-Gu, Seoul, 153-775, Republic of Korea Perigee Medical LLC, 2227 N Macarthur Dr., Tracy, CA 95376-2830 Lumenis Ltd., Yokneam Industrial Park, Hakidma 6, Yokneam 2069204, Israel Pollogen Ltd., 6 Kaufman Yehezkel, Tel Aviv-Jaffa, 6801298, Israel (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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: May 9, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-10240 Filed 5-14-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices 22515
the Office of Surface Mining enhance the quality, utility, and clarity Respondent’s Obligation: Voluntary.
Reclamation and Enforcement (OSMRE) of the information to be collected; and Frequency of Collection: One time.
are proposing to renew an information (4) how might OSMRE minimize the Total Estimated Annual Nonhour
collection for the Excellence in Surface burden of this collection on the Burden Cost: $2,500.
Coal Mining Reclamation Award and respondents, including through the use An agency may not conduct or
the Abandoned Mine Land Reclamation of information technology. sponsor and a person is not required to
Awards. These awards have been Comments that you submit in respond to a collection of information
established to give well-earned public response to this notice are a matter of unless it displays a currently valid OMB
recognition to those responsible for the public record. Before including your control number.
nation’s highest achievements in address, phone number, email address, The authority for this action is the
abandoned mine land reclamation, and or other personal identifying Paperwork Reduction Act of 1995 (44
who have developed innovative information in your comment, you U.S.C. 3501 et seq.).
reclamation techniques or who have should be aware that your entire John A. Trelease,
completed reclamation that resulted in comment—including your personal Acting Chief, Division of Regulatory Support.
outstanding on-the-ground performance. identifying information—may be made
[FR Doc. 2018–10278 Filed 5–14–18; 8:45 am]
DATES: Interested persons are invited to publicly available at any time. While
BILLING CODE 4310–05–P
submit comments on or before June 14, you can ask us in your comment to
2018. withhold your personal identifying
ADDRESSES: Send written comments on information from public review, we
cannot guarantee that we will be able to INTERNATIONAL TRADE
this information collection request (ICR)
do so. COMMISSION
to the Office of Management and
Budget’s Desk Officer for the Title: Reclamation Awards—Call for [Investigation No. 337–TA–1112]
Department of the Interior by email at Nominations.
OIRA_Submission@omb.eop.gov; or via OMB Control Number: 1029–0129. Certain Radio Frequency Micro-Needle
facsimile to (202) 395–5806. Please Abstract: This information collection Dermatological Treatment Devices and
provide a copy of your comments to clearance package is being submitted by Components Thereof; Institution of
John Trelease, Office of Surface Mining the Office of Surface Mining Investigation
Reclamation and Enforcement, 1849 C. Reclamation and Enforcement (OSMRE)
for renewed approval to collect AGENCY: U.S. International Trade
Street NW, Mail Stop 4559, Washington, Commission.
DC 20240; or by email to jtrelease@ information for our annual call for
nominations for our Excellence in ACTION: Notice.
osmre.gov. Please reference OMB
Control Number 1029–0039 in the Surface Coal Mining Reclamation
SUMMARY: Notice is hereby given that a
subject line of your comments. Awards and Abandoned Mine Land
complaint was filed with the U.S.
FOR FURTHER INFORMATION CONTACT: To
Reclamation Awards. Since 1986, the
International Trade Commission on
request additional information about Office of Surface Mining has presented
April 9, 2018, under section 337 of the
this ICR, contact John Trelease by email awards to coal mine operators who
Tariff Act of 1930, as amended, on
at jtrelease@osmre.gov, or by telephone completed exemplary active
behalf of Syneron Medical Ltd. of Israel;
at (202) 208–2783. You may also view reclamation. A parallel award program
Candela Corporation of Wayland,
the ICR at http://www.reginfo.gov/ for abandoned mine land reclamation
Massachusetts; and Massachusetts
public/do/PRAMain. began in 1992. The objective is to give
General Hospital of Boston,
public recognition to those responsible
SUPPLEMENTARY INFORMATION: In Massachusetts. A supplement was filed
for the nation’s most outstanding
accordance with the Paperwork on April 27, 2018. The complaint, as
achievement in environmentally sound
Reduction Act of 1995, we provide the supplemented, alleges violations of
surface mining and land reclamation
general public and other Federal section 337 based upon the importation
and to encourage the exchange and
agencies with an opportunity to into the United States, the sale for
transfer of successful reclamation
comment on new, proposed, revised, importation, and the sale within the
technology. This collection request
and continuing collections of United States after importation of
seeks a three-year term of approval.
information. This helps us assess the certain radio frequency micro-needle
Form Number: None.
impact of our information collection Type of Review: Extension of a dermatological treatment devices and
requirements and minimize the public’s currently approved collection. components thereof by reason of
reporting burden. It also helps the Respondents/Affected Public: infringement of certain claims of U.S.
public understand our information Industry and state/tribal nominees for Patent No. 9,510,899 (‘‘the ’899 patent’’)
collection requirements and provides reclamation awards and state/tribal and U.S. Patent No. 9,095,357 (‘‘the ’357
the requested data in the desired format. reviewers and judges. patent’’). The complaint further alleges
A Federal Register notice with a 60- Total Estimated Number of Annual that an industry in the United States
day public comment period soliciting Respondents: 14 active mine exists as required by the applicable
comments on this collection of respondents, 11 abandoned mine land Federal Statute.
information was published on January state/tribal respondents, and 40 state The complainants request that the
31, 2018 (83 FR 4514). No comments and tribal reviewers and judges. Commission institute an investigation
were received. Total Estimated Number of Annual and, after the investigation, issue a
We are again soliciting comments on Responses: 65. limited exclusion order and cease and
daltland on DSKBBV9HB2PROD with NOTICES
the proposed ICR that is described Estimated Completion Time per desist orders.
below. We are especially interested in Response: An average of 17 hours per ADDRESSES: The complaint, as
public comment addressing the coal producer, 67 hours per State/Tribal supplemented, except for any
following issues: (1) Is the collection nominee, and 2 hours to 8 hours per confidential information contained
necessary to the proper functions of State/Tribe to judge responses. therein, is available for inspection
OSMRE; (2) is the estimate of burden Total Estimated Number of Annual during official business hours (8:45 a.m.
accurate; (3) how might OSMRE Burden Hours: 1,211 hours. to 5:15 p.m.) in the Office of the
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![22516 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices
Secretary, U.S. International Trade (b) The respondents are the following notice of investigation. Extensions of
Commission, 500 E Street SW, Room entities alleged to be in violation of time for submitting responses to the
112, Washington, DC 20436, telephone section 337, and are the parties upon complaint and the notice of
(202) 205–2000. Hearing impaired which the complaint is to be served: investigation will not be granted unless
individuals are advised that information Invasix, Inc., 21084 Bake Parkway, Suite good cause therefor is shown.
on this matter can be obtained by 106, Lake Forest, CA 92618 Failure of a respondent to file a timely
contacting the Commission’s TDD Invasix, Ltd., Apolo Building, Shaar response to each allegation in the
terminal on (202) 205–1810. Persons Yokneam, Yokneam, 20692, Israel complaint and in this notice may be
with mobility impairments who will Inmode Md, Ltd., 20996 Bake Parkway, deemed to constitute a waiver of the
need special assistance in gaining access Suite 106, Lake Forest, CA 92630 right to appear and contest the
to the Commission should contact the Ilooda Co., Ltd., 37–1 Imok-dong, Imok- allegations of the complaint and this
Office of the Secretary at (202) 205– dong, Jangan-gu, Suwon-si, Gyeonggi- notice, and to authorize the
2000. General information concerning do, Republic of Korea administrative law judge and the
the Commission may also be obtained Cutera, Inc., 3240 Bayshore Boulevard, Commission, without further notice to
by accessing its internet server at Brisbane, CA 94005 the respondent, to find the facts to be as
https://www.usitc.gov. The public Emvera Technologies, LLC, 641 10th alleged in the complaint and this notice
record for this investigation may be Street, Cedartown, GA 30125 and to enter an initial determination
viewed on the Commission’s electronic Rohrer Aesthetics, LLC, 105 Citation and a final determination containing
docket (EDIS) at https://edis.usitc.gov. Court, Homewood, AL 35209 such findings, and may result in the
FOR FURTHER INFORMATION CONTACT: Lutronic, Corp., Lutronic Center, 219 issuance of an exclusion order or a cease
Katherine Hiner, Office of the Secretary, Sowon-ro, Deogyang-gu, Goyang-si, and desist order or both directed against
Docket Services Division, U.S. Geonggi-do, Republic of Korea the respondent.
International Trade Commission, Lutronic, Inc., 19 Fortune Drive, By order of the Commission.
telephone (202) 205–1802. Billerica, MA 01821 Issued: May 9, 2018.
SUPPLEMENTARY INFORMATION:
Endymed Medical Inc., 790 Madison Lisa Barton,
Avenue, Suite 402, New York, NY
Authority: The authority for institution of Secretary to the Commission.
10065
this investigation is contained in section 337 Endymed Medical Ltd., 12 Leshem [FR Doc. 2018–10240 Filed 5–14–18; 8:45 am]
of the Tariff Act of 1930, as amended, 19 BILLING CODE 7020–02–P
U.S.C. 1337 and in section 210.10 of the
Street, North Industrial Park,
Commission’s Rules of Practice and Caesarea, 30889 Israel
Procedure, 19 CFR 210.10 (2017). Sung Hwan E&B Co., Ltd. d/b/a SHEnB
Co., Ltd., 148 Seongsui-Ro, DEPARTMENT OF JUSTICE
Scope of Investigation: Having Soengdong-Gu, Seoul 04796, Republic
considered the complaint, the U.S. of Korea Drug Enforcement Administration
International Trade Commission, on Aesthetics Biomedical, Inc., 4602 N [Docket No. DEA–392]
May 9, 2018, Ordered that— 16th Street, Suite 300, Phoenix, AZ
(1) Pursuant to subsection (b) of 85016 Bulk Manufacturer of Controlled
section 337 of the Tariff Act of 1930, as Cartessa Aesthetics, 210 Peoples Way, Substances Application: Patheon API
amended, an investigation be instituted Hockessin, DE 19707–1904 Manufacturing, Inc.
to determine whether there is a Jeisys Medical, Inc., 307 Daeryung
violation of subsection (a)(1)(B) of Techno Town 8th, Gamasan-ro 96, ACTION: Notice of application.
section 337 in the importation into the Geumcheon-Gu, Seoul, 153–775,
United States, the sale for importation, Republic of Korea DATES: Registered bulk manufacturers of
or the sale within the United States after Perigee Medical LLC, 2227 N Macarthur the affected basic classes, and
importation of certain radio frequency Dr., Tracy, CA 95376–2830 applicants therefore, may file written
micro-needle dermatological treatment Lumenis Ltd., Yokneam Industrial Park, comments on or objections to the
devices and components thereof by Hakidma 6, Yokneam 2069204, Israel issuance of the proposed registration on
reason of infringement of one or more of Pollogen Ltd., 6 Kaufman Yehezkel, Tel or before July 16, 2018.
claims 1, 2, 4, 9–11, 15, 20, and 21 of Aviv-Jaffa, 6801298, Israel ADDRESSES: Written comments should
the ’899 patent and claims 1, 2, 4, 9–12, (3) For the investigation so instituted, be sent to: Drug Enforcement
17, and 18 of the ’357 patent, and the Chief Administrative Law Judge, Administration, Attention: DEA Federal
whether an industry in the United U.S. International Trade Commission, Register Representative/DRW, 8701
States exists as required by subsection shall designate the presiding Morrissette Drive, Springfield, Virginia
(a)(2) of section 337; Administrative Law Judge. 22152.
(2) For the purpose of the The Office of Unfair Import SUPPLEMENTARY INFORMATION: The
investigation so instituted, the following Investigations will not participate as a Attorney General has delegated his
are hereby named as parties upon which party in this investigation. authority under the Controlled
this notice of investigation shall be Responses to the complaint and the Substances Act to the Administrator of
served: notice of investigation must be the Drug Enforcement Administration
(a) The complainants are: submitted by the named respondents in (DEA), 28 CFR 0.100(b). Authority to
Syneron Medical Ltd., Tavor Building, accordance with section 210.13 of the exercise all necessary functions with
daltland on DSKBBV9HB2PROD with NOTICES
Industrial Zone, Yokneam lllit, 20692, Commission’s Rules of Practice and respect to the promulgation and
Israel Procedure, 19 CFR 210.13. Pursuant to implementation of 21 CFR part 1301,
Candela Corporation, 530 Boston Post 19 CFR 201.16(e) and 210.13(a), such incident to the registration of
Road, Wayland, MA 01778 responses will be considered by the manufacturers, distributors, dispensers,
General Hospital Corporation d/b/a, Commission if received not later than 20 importers, and exporters of controlled
Massachusetts General Hospital, 55 days after the date of service by the substances (other than final orders in
Fruit Street, Boston, MA 02114 Commission of the complaint and the connection with suspension, denial, or
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Document Created: 2018-05-15 00:33:36
Document Modified: 2018-05-15 00:33:36
| 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 | Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 83 FR 22515 |
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