83_FR_27740 83 FR 27626 - Certain Magnetic Data Storage Tapes and Cartridges Containing the Same; Notice of Institution of Formal Enforcement Proceeding

83 FR 27626 - Certain Magnetic Data Storage Tapes and Cartridges Containing the Same; Notice of Institution of Formal Enforcement Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 114 (June 13, 2018)

Page Range27626-27627
FR Document2018-12655

Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the March 8, 2018 cease and desist orders issued in the above- referenced investigation.

Federal Register, Volume 83 Issue 114 (Wednesday, June 13, 2018) 
[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Notices]
[Pages 27626-27627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12655]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1012 (Enforcement Proceeding)]


Certain Magnetic Data Storage Tapes and Cartridges Containing the 
Same; Notice of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the March 8, 2018 cease and desist orders issued in the above-
referenced investigation.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2737. 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 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. 
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 the original 
investigation on July 1, 2016, based on a complaint filed by Fujifilm 
Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc. 
of Bedford, Massachusetts (collectively, ``Fujifilm''). 81 FR 43243-44 
(July 1, 2016). Pertinent to this action, the complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the sale for importation, 
importation, and sale within the United States after importation of 
certain magnetic data storage tapes and cartridges containing the same 
by reason of infringement of claims 1, 4-9, 11 and 14 of U.S. Patent 
No. 6,641,891 (``the '891 patent''). The Commission's Notice of 
Investigation named as respondents Sony Corporation of Tokyo, Japan; 
Sony Corporation of America of New York, New York; and Sony Electronics 
Inc. of San Diego, California (collectively, ``Sony''). The Office of 
Unfair Import Investigations (``OUII'') was also named as a party to 
the investigation.
    On March 8, 2018, the Commission found a section 337 violation as 
to the '891 patent and issued a limited exclusion order and cease and 
desist orders (``CDOs'') to each of the Sony respondents. 83 FR 11245-
47 (March 14, 2018). The CDOs prohibit Sony from importing, selling, 
marketing, advertising, distributing, transferring (except for 
exportation), and soliciting

[[Page 27627]]

United States agents or distributors for certain magnetic data storage 
tapes and cartridges containing the same that infringe the '891 patent.
    On May 9, 2018, Fujifilm filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate alleged violation of the CDOs by Sony. On 
May 23, 2018, Sony filed a letter requesting that the Commission 
determine not to institute the enforcement proceeding. On May 30, 2019, 
Fujifilm filed a response.
    Having examined the enforcement complaint, the supporting 
documents, and the pre-institution correspondence, the Commission has 
determined to institute a formal enforcement proceeding, pursuant to 19 
CFR 210.75(a), to determine whether a violation of the March 8, 2018 
CDOs issued in the original investigation has occurred and to determine 
what, if any, enforcement measures are appropriate. The named 
respondents are the three Sony entities from the original investigation 
and Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony 
Storage Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US 
Inc. of Terre Haute, Indiana; and Sony Latin America Inc. of Miami, 
Florida. OUII is also named as a party. The Commission has not ruled on 
the issues raised in the pre-institution correspondence submitted by 
the parties.
    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: June 7, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-12655 Filed 6-12-18; 8:45 am]
 BILLING CODE 7020-02-P

27626 Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices Before including your address, phone OREGON Commission has instituted a formal number, email address, or other Douglas County enforcement proceeding relating to the personal identifying information in your March 8, 2018 cease and desist orders Moores, Dr. Robert R. and Mary Helen, comment, you should be aware that House, 1247 SE Kane St., Roseburg, issued in the above-referenced your entire comment—including your SG100002632 investigation. personal identifying information—may FOR FURTHER INFORMATION CONTACT: be made publicly available at any time. SOUTH DAKOTA Amanda P. Fisherow, Office of the While you can ask us in your comment Fall River County General Counsel, U.S. International to withhold your personal identifying Hot Springs Historic District (Boundary Trade Commission, 500 E Street SW, information from public review, we Decrease), Various, Hot Springs, Washington, DC 20436, telephone (202) cannot guarantee that we will be able to BC100002634 205–2737. Copies of non-confidential do so. Yankton County documents filed in connection with this Nominations submitted by State Yankton Historic Commercial District investigation are or will be available for Historic Preservation Officers: (Boundary Decrease), Various, Yankton, inspection during official business BC100002635 hours (8:45 a.m. to 5:15 p.m.) in the ALASKA Office of the Secretary, U.S. Nominations submitted by Federal Kenai Peninsula Borough International Trade Commission, 500 Preservation Officers: Ch’u’itnu Historic District, Address The State Historic Preservation E Street SW, Washington, DC 20436, Restricted, Tyonek vicinity, SG100002618 Officer reviewed the following telephone (202) 205–2000. General nominations and responded to the information concerning the Commission FLORIDA may also be obtained by accessing its Federal Preservation Officer within 45 Alachua County days of receipt of the nominations and internet server at https://www.usitc.gov. supports listing the properties in the The public record for this investigation Proctor, Carlos and Marjorie Log House and National Register of Historic Places. may be viewed on the Commission’s Cottage, 2250 NW 8th Ave., Gainesville, electronic docket (EDIS) at https:// SG100002620 CALIFORNIA edis.usitc.gov. Hearing-impaired IOWA Marin County persons are advised that information on Pottawattamie County Point Reyes Naval Radio Compass Station, this matter can be obtained by 23250 Sir Francis Drake Blvd., Inverness contacting the Commission’s TDD Farnsworth, Shepard and Emma, House, 301 terminal on (202) 205–1810. vicinity, SG100002619 S 8th St., Council Bluffs, SG100002621 SUPPLEMENTARY INFORMATION: The MARYLAND KANSAS Commission instituted the original Washington County investigation on July 1, 2016, based on Dickinson County Antietam National Battlefield, N of a complaint filed by Fujifilm Vine Street Historic, 301 to 415 N Vine & Sharpsburg off MD 45, Sharpsburg, Corporation of Tokyo, Japan, and 808–810 NW 3rd Sts., Abilene, AD66000038 Fujifilm Recording Media U.S.A., Inc. of SG100002622 Bedford, Massachusetts (collectively, UTAH Douglas County ‘‘Fujifilm’’). 81 FR 43243–44 (July 1, Grand County 2016). Pertinent to this action, the O’Sullivan, John and Anna Farmstead Johnson Ranch House, Hastings Rd. 21 mi (Agriculture-Related Resources of Kansas complaint alleged violations of section NW of Crescent Junction, Crescent Junction 337 of the Tariff Act of 1930, as MPS), 710 E 100 Rd., Overbrook vicinity, vicinity, SG100002636 MP100002623 amended, 19 U.S.C. 1337 (‘‘section Authority: Section 60.13 of 36 CFR part 60. 337’’), in the sale for importation, Kearny County Dated: May 22, 2018. importation, and sale within the United Deerfield State Bank, 602 Main St., Deerfield, J. Paul Loether, States after importation of certain SG100002625 Chief, National Register of Historic Places/ magnetic data storage tapes and National Historic Landmarks Program and cartridges containing the same by reason Leavenworth County Keeper, National Register of Historic Places. of infringement of claims 1, 4–9, 11 and Stonehaven Farm, 19801 Tonganoxie Dr., 14 of U.S. Patent No. 6,641,891 (‘‘the [FR Doc. 2018–12630 Filed 6–12–18; 8:45 am] Tonganoxie vicinity, SG100002626 ’891 patent’’). The Commission’s Notice BILLING CODE 4312–52–P Lyon County of Investigation named as respondents Sony Corporation of Tokyo, Japan; Sony Mouse, Snowden S., Service Station and Corporation of America of New York, Tourist Home (Roadside Kansas MPS), 413 INTERNATIONAL TRADE E 6th Ave. & 526 N Exchange St., Emporia, New York; and Sony Electronics Inc. of COMMISSION MP100002627 San Diego, California (collectively, [Investigation No. 337–TA–1012 ‘‘Sony’’). The Office of Unfair Import McPherson County (Enforcement Proceeding)] Investigations (‘‘OUII’’) was also named McPherson, Community Building, 122 E. as a party to the investigation. Certain Magnetic Data Storage Tapes On March 8, 2018, the Commission Marlin, McPherson, SG100002628 and Cartridges Containing the Same; found a section 337 violation as to the Shawnee County Notice of Institution of Formal ’891 patent and issued a limited amozie on DSK3GDR082PROD with NOTICES1 Shiloh Baptist Church, 1201 SW Buchanan Enforcement Proceeding exclusion order and cease and desist St., Topeka, SG100002629 AGENCY: U.S. International Trade orders (‘‘CDOs’’) to each of the Sony MARYLAND Commission. respondents. 83 FR 11245–47 (March ACTION: Notice. 14, 2018). The CDOs prohibit Sony from Dorchester County importing, selling, marketing, Hughes A.M.E. Chapel, 4201 Maple Dam Rd., SUMMARY: Notice is hereby given that advertising, distributing, transferring Cambridge vicinity, SG100002630 the U.S. International Trade (except for exportation), and soliciting VerDate Sep<11>2014 18:01 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1

Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices 27627 United States agents or distributors for Components Thereof, DN 3321; the affect the public health and welfare in certain magnetic data storage tapes and Commission is soliciting comments on the United States, competitive cartridges containing the same that any public interest issues raised by the conditions in the United States infringe the ’891 patent. complaint or complainant’s filing economy, the production of like or On May 9, 2018, Fujifilm filed a pursuant to the Commission’s Rules of directly competitive articles in the complaint requesting that the Practice and Procedure. United States, or United States Commission institute a formal FOR FURTHER INFORMATION CONTACT: Lisa consumers. enforcement proceeding under R. Barton, Secretary to the Commission, In particular, the Commission is Commission Rule 210.75 to investigate U.S. International Trade Commission, interested in comments that: alleged violation of the CDOs by Sony. 500 E Street SW, Washington, DC (i) Explain how the articles On May 23, 2018, Sony filed a letter 20436, telephone (202) 205–2000. The potentially subject to the requested requesting that the Commission public version of the complaint can be remedial orders are used in the United determine not to institute the accessed on the Commission’s States; enforcement proceeding. On May 30, Electronic Document Information (ii) identify any public health, safety, 2019, Fujifilm filed a response. System (EDIS) at https://edis.usitc.gov, or welfare concerns in the United States Having examined the enforcement and will be available for inspection relating to the requested remedial complaint, the supporting documents, during official business hours (8:45 a.m. orders; and the pre-institution correspondence, to 5:15 p.m.) in the Office of the (iii) identify like or directly the Commission has determined to Secretary, U.S. International Trade competitive articles that complainant, institute a formal enforcement Commission, 500 E Street SW, its licensees, or third parties make in the proceeding, pursuant to 19 CFR Washington, DC 20436, telephone (202) United States which could replace the 210.75(a), to determine whether a 205–2000. subject articles if they were to be violation of the March 8, 2018 CDOs General information concerning the excluded; issued in the original investigation has Commission may also be obtained by (iv) indicate whether complainant, occurred and to determine what, if any, accessing its internet server at United complainant’s licensees, and/or third enforcement measures are appropriate. States International Trade Commission party suppliers have the capacity to The named respondents are the three (USITC) at https://www.usitc.gov. The replace the volume of articles Sony entities from the original public record for this investigation may potentially subject to the requested investigation and Sony Storage Media be viewed on the Commission’s exclusion order and/or a cease and Solutions Corporation of Tokyo, Japan; Electronic Document Information desist order within a commercially Sony Storage Media Manufacturing System (EDIS) at https://edis.usitc.gov. reasonable time; and Corporation of Miyagi, Japan; Sony Hearing-impaired persons are advised (v) explain how the requested DADC US Inc. of Terre Haute, Indiana; that information on this matter can be remedial orders would impact United and Sony Latin America Inc. of Miami, obtained by contacting the States consumers. Florida. OUII is also named as a party. Commission’s TDD terminal on (202) Written submissions must be filed no The Commission has not ruled on the 205–1810. later than by close of business, eight issues raised in the pre-institution calendar days after the date of SUPPLEMENTARY INFORMATION: The correspondence submitted by the publication of this notice in the Federal Commission has received a complaint parties. Register. There will be further The authority for the Commission’s and a submission pursuant to § 210.8(b) opportunities for comment on the determination is contained in section of the Commission’s Rules of Practice public interest after the issuance of any 337 of the Tariff Act of 1930, as and Procedure filed on behalf of Sauder final initial determination in this amended (19 U.S.C. 1337), and in Part Manufacturing Company on June 7, investigation. 210 of the Commission’s Rules of 2018. The complaint alleges violations Persons filing written submissions Practice and Procedure (19 CFR part of section 337 of the Tariff Act of 1930 must file the original document 210). (19 U.S.C. 1337) in the importation into electronically on or before the deadlines the United States, the sale for stated above and submit 8 true paper By order of the Commission. importation, and the sale within the Issued: June 7, 2018. copies to the Office of the Secretary by United States after importation of noon the next day pursuant to § 210.4(f) Lisa Barton, certain convertible sofas and of the Commission’s Rules of Practice Secretary to the Commission. components thereof. The complaint and Procedure (19 CFR 210.4(f)). [FR Doc. 2018–12655 Filed 6–12–18; 8:45 am] names as a respondent: Krug, Inc. of Submissions should refer to the docket BILLING CODE 7020–02–P Canada. The complainant requests that number (‘‘Docket No. 3321) in a the Commission issue a limited prominent place on the cover page and/ exclusion order, a cease and desist or the first page. (See Handbook for INTERNATIONAL TRADE order, and impose a bond upon Electonic Filing Procedures, Electronic COMMISSION respondents’ alleged infringing articles Filing Procedures).1 Persons with during the 60-day Presidential review questions regarding filing should Notice of Receipt of Complaint; period pursuant to 19 U.S.C. 1337(j). Solicitation of Comments Relating to contact the Secretary (202–205–2000). Proposed respondents, other the Public Interest Any person desiring to submit a interested parties, and members of the document to the Commission in AGENCY: U.S. International Trade public are invited to file comments, not amozie on DSK3GDR082PROD with NOTICES1 confidence must request confidential Commission. to exceed five (5) pages in length, treatment. All such requests should be ACTION: Notice. inclusive of attachments, on any public directed to the Secretary to the interest issues raised by the complaint Commission and must include a full SUMMARY: Notice is hereby given that or § 210.8(b) filing. Comments should the U.S. International Trade address whether issuance of the relief 1 Handbook for Electronic Filing Procedures: Commission has received a complaint specifically requested by the https://www.usitc.gov/documents/handbook_on_ entitled Certain Convertible Sofas and complainant in this investigation would filing_procedures.pdf. VerDate Sep<11>2014 18:01 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1


Document Created: 2018-06-12 23:59:01
Document Modified: 2018-06-12 23:59:01
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.
ContactAmanda P. Fisherow, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 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. 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 Citation83 FR 27626 
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