83 FR 26087 - Certain Blood Cholesterol Testing Strips and Associated Systems Containing the Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range		26087-26088
FR Document		2018-12054

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Polymer Technology Systems, Inc. of Indianapolis, Indiana. On May 11, 2018, PTS filed a letter correcting the expiration dates for two of the three asserted patents. 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 blood cholesterol testing strips and associated systems containing the same by reason of infringement of certain claims of U.S. Patent No. 7,087,397 (``the '397 patent''); U.S. Patent No. 7,625,721 (``the '721 patent''); and U.S. Patent No. 7,494,818 (``the '818 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 108 (Tuesday, June 5, 2018)

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26087-26088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12054]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1116]


Certain Blood Cholesterol Testing Strips and Associated Systems 
Containing the 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 April 30, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Polymer 
Technology Systems, Inc. of Indianapolis, Indiana. On May 11, 2018, PTS 
filed a letter correcting the expiration dates for two of the three 
asserted patents. 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 
blood cholesterol testing strips and associated systems containing the 
same by reason of infringement of certain claims of U.S. Patent No. 
7,087,397 (``the '397 patent''); U.S. Patent No. 7,625,721 (``the '721 
patent''); and U.S. Patent No. 7,494,818 (``the '818 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    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: The Office of Docket Services, 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 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 30, 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 blood 
cholesterol testing strips and associated systems containing the same 
by reason of infringement of one or more of claims 1-3, 5, 10, 13-14, 
and 17-20 of the '397 patent; claims 1-9 and 13-15 of the '721 patent; 
and claims 8-11 of the '818 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 complainant is: Polymer Technology Systems, Inc., 7736 
Zionsville Road, Indianapolis, Indiana 46268.
    (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:

ACON Laboratories, Inc., 10125 Mesa Rim Road, San Diego, California 
92121
ACON Biotech (Hangzhou) Co., Ltd., No. 210 Zhenzhoong Road, West Lake

[[Page 26088]]

District, Hangzhou Zhejiang 310030, China

    (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 be named as a 
party to this investigation.
    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 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 31, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-12054 Filed 6-4-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices 26087

SECTION A.12 BURDEN BREAKDOWN—Continued
Number of
30 CFR Hour burden Annual burden
Reporting and recordkeeping requirements annual
section per response hours
responses

(b) An affected State, upon the request of the ONRR, shall provide
expert witnesses from their audit staff for testimony as well as re-
quired documentation and analyses to support the Department’s
position during the litigation of court cases arising from denied
appeals . . .
1229.127 ..................... Reports from States ........................................................................... 1 1 1
The State, acting under the authority of the Secretarial delegation,
shall submit quarterly reports which will summarize activities car-
ried out by the State during the preceding quarter of the year
under the provisions of the delegation . . .

Subtotal Burden for 30 CFR Part 229 19 19

Total Burden 449 11,851

An agency may not conduct or importation into the United States, the Authority: The authority for
sponsor, and a person is not required to sale for importation, and the sale within institution of this investigation is
respond to, a collection of information the United States after importation of contained in section 337 of the Tariff
unless it displays a currently valid OMB certain blood cholesterol testing strips Act of 1930, as amended, 19 U.S.C. 1337
control number. and associated systems containing the and in section 210.10 of the
Public Comment Policy: ONRR will same by reason of infringement of Commission’s Rules of Practice and
post all comments, including names and certain claims of U.S. Patent No. Procedure, 19 CFR 210.10 (2018).
addresses of respondents at http:// 7,087,397 (‘‘the ’397 patent’’); U.S. Scope of Investigation: Having
www.regulations.gov. Patent No. 7,625,721 (‘‘the ’721 patent’’); considered the complaint, the U.S.
ONRR Information Collection and U.S. Patent No. 7,494,818 (‘‘the ’818 International Trade Commission, on
Clearance Officer: Luis Aguilar (303) patent’’). The complaint further alleges May 30, 2018, ordered that—
231–3418. that an industry in the United States (1) Pursuant to subsection (b) of
exists as required by the applicable section 337 of the Tariff Act of 1930, as
Authority
Federal Statute. amended, an investigation be instituted
The authority for this action is the The complainant requests that the
Paperwork Reduction Act of 1995 (44 to determine whether there is a
Commission institute an investigation violation of subsection (a)(1)(B) of
U.S.C. 3501 et. seq.). and, after the investigation, issue a section 337 in the importation into the
limited exclusion order and a cease and
Gregory J. Gould, United States, the sale for importation,
desist order.
Director for Office of Natural Resources or the sale within the United States after
Revenue. ADDRESSES: The complaint, except for importation of certain blood cholesterol
[FR Doc. 2018–12036 Filed 6–4–18; 8:45 am]
any confidential information contained testing strips and associated systems
therein, is available for inspection containing the same by reason of
BILLING CODE 4335–30–P
during official business hours (8:45 a.m. infringement of one or more of claims
to 5:15 p.m.) in the Office of the 1–3, 5, 10, 13–14, and 17–20 of the ’397
Secretary, U.S. International Trade patent; claims 1–9 and 13–15 of the ’721
INTERNATIONAL TRADE Commission, 500 E Street SW, Room
COMMISSION patent; and claims 8–11 of the ’818
112, Washington, DC 20436, telephone patent; and whether an industry in the
[Investigation No. 337–TA–1116] (202) 205–2000. Hearing impaired United States exists as required by
individuals are advised that information subsection (a)(2) of section 337;
Certain Blood Cholesterol Testing on this matter can be obtained by
Strips and Associated Systems contacting the Commission’s TDD (2) For the purpose of the
Containing the Same; Institution of terminal on (202) 205–1810. Persons investigation so instituted, the following
Investigation with mobility impairments who will are hereby named as parties upon which
need special assistance in gaining access this notice of investigation shall be
AGENCY: U.S. International Trade served:
to the Commission should contact the
Commission. (a) The complainant is: Polymer
Office of the Secretary at (202) 205–
ACTION: Notice. Technology Systems, Inc., 7736
2000. General information concerning
the Commission may also be obtained Zionsville Road, Indianapolis, Indiana
SUMMARY: Notice is hereby given that a
by accessing its internet server at 46268.
complaint was filed with the U.S.
International Trade Commission on https://www.usitc.gov. The public (b) The respondents are the following
April 30, 2018, under section 337 of the record for this investigation may be entities alleged to be in violation of
amozie on DSK3GDR082PROD with NOTICES1

Tariff Act of 1930, as amended, on viewed on the Commission’s electronic section 337, and are the parties upon
behalf of Polymer Technology Systems, docket (EDIS) at https://edis.usitc.gov. which the complaint is to be served:
Inc. of Indianapolis, Indiana. On May FOR FURTHER INFORMATION CONTACT: The ACON Laboratories, Inc., 10125 Mesa
11, 2018, PTS filed a letter correcting Office of Docket Services, U.S. Rim Road, San Diego, California
the expiration dates for two of the three International Trade Commission, 92121
asserted patents. The complaint alleges telephone (202) 205–1802. ACON Biotech (Hangzhou) Co., Ltd.,
violations of section 337 based upon the SUPPLEMENTARY INFORMATION: No. 210 Zhenzhoong Road, West Lake

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26088 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

District, Hangzhou Zhejiang 310030, (‘‘Commission’’) determines, pursuant 1673d(a)), notice of the supplemental
China to the Tariff Act of 1930 (‘‘the Act’’), scheduling of the final phase of the
(3) For the investigation so instituted, that an industry in the United States is Commission’s antidumping duty
the Chief Administrative Law Judge, materially injured by reason of imports investigations was given by posting
U.S. International Trade Commission, of cold-drawn mechanical tubing from copies of the notice in the Office of the
shall designate the presiding China, Germany, India, Italy, Korea, and Secretary, U.S. International Trade
Administrative Law Judge. Switzerland, provided for in Commission, Washington, DC, and by
The Office of Unfair Import subheadings 7304.31.30, 7304.31.60, publishing the notice in the Federal
Investigations will not be named as a 7304.51.10, 7304.51.50, 7306.30.50, and Register of April 23, 2018 (83 FR
party to this investigation. 7306.50.50 of the Harmonized Tariff 17674).
Responses to the complaint and the Schedule of the United States, that have The Commission made these
notice of investigation must be been found by the Department of determinations pursuant to section
submitted by the named respondent in Commerce (‘‘Commerce’’) to be sold in 735(b) of the Act (19 U.S.C. 1673d(b)).
accordance with section 210.13 of the the United States at less than fair value It completed and filed its
Commission’s Rules of Practice and (‘‘LTFV’’).2 3 determinations in these investigations
Procedure, 19 CFR 210.13. Pursuant to on May 31, 2018. The views of the
Background Commission are contained in USITC
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the The Commission, pursuant to section Publication 4790 (May 2018), entitled
Commission if received not later than 20 735(b) of the Act (19 U.S.C. 1673d(b)), Cold-Drawn Mechanical Tubing from
days after the date of service by the instituted these investigations effective China, Germany, India, Italy, Korea, and
Commission of the complaint and the April 19, 2017, following receipt of a Switzerland: Investigation Nos. 731–
notice of investigation. Extensions of petition filed with the Commission and TA–1362–1367 (Final).
time for submitting responses to the Commerce by ArcelorMittal Tubular By order of the Commission.
complaint and the notice of Products, Shelby, Ohio; Michigan Issued: May 31, 2018.
investigation will not be granted unless Seamless Tube, LLC, South Lyon,
Lisa Barton,
good cause therefor is shown. Michigan; PTC Alliance Corp., Wexford,
Pennsylvania; Webco Industries, Inc., Secretary to the Commission.
Failure of the respondent to file a
Sand Springs, Oklahoma; and Zekelman [FR Doc. 2018–12055 Filed 6–4–18; 8:45 am]
timely response to each allegation in the
complaint and in this notice may be Industries, Inc., Farrell, Pennsylvania. BILLING CODE 7020–02–P

deemed to constitute a waiver of the Effective September 25, 2017, the
right to appear and contest the Commission established a general
schedule for the conduct of the final INTERNATIONAL TRADE
allegations of the complaint and this COMMISSION
notice, and to authorize the phase of its investigations on cold-
administrative law judge and the drawn mechanical tubing, following [Investigation No. 337–TA–1115]
Commission, without further notice to preliminary determinations by
the respondent, to find the facts to be as Commerce that imports of the subject Certain Blow-Molded Bag-In-Container
alleged in the complaint and this notice cold-drawn mechanical tubing were Devices, Associated Components, and
and to enter an initial determination subsidized by the governments of China End Products Containing or Using
and a final determination containing and India. Notice of the scheduling of Same: Institution of Investigation
such findings, and may result in the the final phase of the Commission’s
AGENCY: U.S. International Trade
issuance of an exclusion order or a cease investigations and of a public hearing to
Commission.
and desist order or both directed against be held in connection therewith was
ACTION: Notice.
the respondent. given by posting copies of the notice in
the Office of the Secretary, U.S. SUMMARY: Notice is hereby given that a
By order of the Commission.
Issued: May 31, 2018.
International Trade Commission, complaint was filed with the U.S.
Washington, DC, and by publishing the International Trade Commission on
Lisa Barton,
notice in the Federal Register of April 30, 2018, under section 337 of the
Secretary to the Commission. October 5, 2017 (82 FR 46522). The
[FR Doc. 2018–12054 Filed 6–4–18; 8:45 am]
Tariff Act of 1930, as amended, on
hearing was held in Washington, DC, on behalf of Anheuser-Busch InBev S.A. of
BILLING CODE 7020–02–P December 6, 2017, and all persons who Belgium and Anheuser-Busch, LLC of
requested the opportunity were St. Louis, Missouri. Supplements to the
permitted to appear in person or by Complaint were filed on May 4, 2018
INTERNATIONAL TRADE counsel. Following notification of final
COMMISSION and May 15, 2018. The complaint, as
determinations by Commerce that supplemented, alleges violations of
[Investigation Nos. 731–TA–1362–1367 imports of cold-drawn mechanical section 337 based upon the importation
(Final)] tubing from China, Germany, India, into the United States, the sale for
Italy, Korea, and Switzerland were being importation, and the sale within the
Cold-Drawn Mechanical Tubing from sold at LTFV within the meaning of United States after importation of
China, Germany, India, Italy, Korea, section 735(b) of the Act (19 U.S.C. certain blow-molded bag-in-container
and Switzerland
devices, associated components, and
2 Chairman Rhonda K. Schmidtlein did not vote
Determinations end products containing or using same
amozie on DSK3GDR082PROD with NOTICES1

in these antidumping duty investigations and
Commissioner Jason E. Kearns did not participate by reason of infringement of certain
On the basis of the record 1 developed
in these investigations. claims of U.S. Patent No. 9,162,372
in the subject investigations, the United 3 The Commission also finds that imports subject (‘‘the ’372 patent’’); U.S. Patent No.
States International Trade Commission to Commerce’s affirmative critical circumstances 9,517,876 (‘‘the ’876 patent’’); U.S.
determinations are not likely to undermine
1 The record is defined in sec. 207.2(f) of the seriously the remedial effect of the antidumping
Patent No. 9,555,572 (‘‘the ’572 patent’’);
Commission’s Rules of Practice and Procedure (19 duty orders on cold-drawn mechanical tubing from and 9,944,453 (‘‘the ’453 patent’’). The
CFR 207.2(f)). China, Italy, and Korea. complaint further alleges that an

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Document Created: 2018-11-02 11:47:35
Document Modified: 2018-11-02 11:47:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		83 FR 26087