83 FR 32685 - Certain Gas Spring Nailer Products and Components Thereof; Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Notice of Investigation To Add Claim 30 of U.S. Patent 8,267,297
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 135 (July 13, 2018)
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32685-32686 | |
| FR Document | 2018-14954 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Notices] [Pages 32685-32686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14954] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1082] Certain Gas Spring Nailer Products and Components Thereof; Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Notice of Investigation To Add Claim 30 of U.S. Patent 8,267,297 AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 15) of the Chief Administrative Law Judge (``CALJ'') granting Complainant's motion to amend the Notice of Investigation (``NOI'') to add claim 30 of U.S. Patent No. 8,267,297 (``the '297 patent''). FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. 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: On November 20, 2017, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based on an amended and supplemented complaint filed by Complainant Kyocera Senco Brands Inc. (``Kyocera'') of Cincinnati, Ohio. See 82 FR 55118-19 (Nov. 20, 2017). The amended complaint, as supplemented, alleges a violation 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 gas spring nailer products and components thereof, by reason of infringement of one or more of U.S. Patent No. 8,011,547; U.S. Patent No. 8,267,296; U.S. Patent No. 8,267,297; U.S. Patent No. 8,387,718; U.S. Patent No. 8,286,722; and U.S. Patent No. 8,602,282. See id. The amended complaint named one respondent, namely, Hitachi Koki U.S.A., Limited (``Hitachi'') of Braselton, Georgia. The Office of Unfair Import Investigations is not a party to the investigation. See id. On June 4, 2018, Complainant Kyocera filed a motion (Motion) to amend the NOI to add claim 30 of the '297 patent on the basis that it was inadvertently omitted as a result of a clerical error. The ID finds that ``good [[Page 32686]] cause exists for amending [the NOI]'' under Commission Rule 210.14(b), 19 CFR 210.14(b). See ID at 2-3. Specifically, the ID reasons that ``[c]orrecting a clerical error constitutes good cause to amend [the NOI]'' and that ``Complainant did not improperly delay in bringing [the Motion].'' See id. at 3. The ID also finds that ``amending the [NOI] to add claim 30 will not prejudice Respondent'' because ``[t]he parties proceeded throughout discovery as if claim 30 was within the scope of the Investigation.'' See id. at 4. No petition for review of the subject ID was filed. The Commission has determined not to review the ID. 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: July 9, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-14954 Filed 7-12-18; 8:45 am] BILLING CODE 7020-02-P
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Accordingly, parties are to file public already been granted such treatment Commission has determined not to
interest submissions pursuant to 19 CFR during the proceedings. All such review an initial determination (‘‘ID’’)
210.50(a)(4). In addition, members of requests should be directed to the (Order No. 15) of the Chief
the public are invited to file Secretary of the Commission and must Administrative Law Judge (‘‘CALJ’’)
submissions of no more than five (5) include a full statement of the reasons granting Complainant’s motion to
pages, inclusive of attachments, why the Commission should grant such amend the Notice of Investigation
concerning the public interest in light of treatment. See 19 CFR part 210.6. (‘‘NOI’’) to add claim 30 of U.S. Patent
the administrative law judge’s Documents for which confidential No. 8,267,297 (‘‘the ’297 patent’’).
Recommended Determination on treatment by the Commission is sought FOR FURTHER INFORMATION CONTACT:
Remedy and Bonding issued in this will be treated accordingly. A redacted Houda Morad, Office of the General
investigation on July 3, 2018. Comments non-confidential version of the Counsel, U.S. International Trade
should address whether issuance of a document must also be filed Commission, 500 E Street SW,
limited exclusion and/or cease and simultaneously with any confidential Washington, DC 20436, telephone (202)
desist order in this investigation would filing. All information, including 708–4716. Copies of non-confidential
affect the public health and welfare in confidential business information and documents filed in connection with this
the United States, competitive documents for which confidential investigation are or will be available for
conditions in the United States treatment is properly sought, submitted inspection during official business
economy, the production of like or to the Commission for purposes of this hours (8:45 a.m. to 5:15 p.m.) in the
directly competitive articles in the Investigation may be disclosed to and Office of the Secretary, U.S.
United States, or United States used: (i) By the Commission, its International Trade Commission, 500 E
consumers. employees and Offices, and contract Street SW, Washington, DC 20436,
In particular, the Commission is personnel (a) for developing or telephone (202) 205–2000. General
interested in comments that: maintaining the records of this or a information concerning the Commission
(i) Explain how the articles related proceeding, or (b) in internal may also be obtained by accessing its
potentially subject to the recommended investigations, audits, reviews, and internet server at https://www.usitc.gov.
order are used in the United States; evaluations relating to the programs, The public record for this investigation
(ii) identify any public health, safety, personnel, and operations of the may be viewed on the Commission’s
or welfare concerns in the United States Commission including under 5 U.S.C. electronic docket (EDIS) at https://
relating to the recommended orders; Appendix 3; or (ii) by U.S. government edis.usitc.gov. Hearing-impaired
(iii) indicate the extent to which like employees and contract personnel,1 persons are advised that information on
or directly competitive articles are solely for cybersecurity purposes. All this matter can be obtained by
produced in the United States or are non-confidential written submissions contacting the Commission’s TDD
otherwise available in the United States, will be available for public inspection at terminal on (202) 205–1810.
with respect to the articles potentially the Office of the Secretary and on EDIS.
subject to the recommended orders; SUPPLEMENTARY INFORMATION: On
This action is taken under authority of November 20, 2017, the Commission
(iv) indicate whether Complainant,
section 337 of the Tariff Act of 1930, as instituted this investigation under
Complainant’s licensees, and/or third
amended, 19 U.S.C. 1337, and part 210 section 337 of the Tariff Act of 1930, as
party suppliers have the capacity to
of the Commission’s Rules of Practice amended, 19 U.S.C. 1337 (‘‘section
replace the volume of articles
and Procedure (19 CFR part 210). 337’’), based on an amended and
potentially subject to the recommended
orders within a commercially By order of the Commission. supplemented complaint filed by
reasonable time; and Issued: July 9, 2018. Complainant Kyocera Senco Brands Inc.
(v) explain how the recommended Lisa Barton, (‘‘Kyocera’’) of Cincinnati, Ohio. See 82
order would impact consumers in the Secretary to the Commission. FR 55118–19 (Nov. 20, 2017). The
United States. [FR Doc. 2018–14955 Filed 7–12–18; 8:45 am]
amended complaint, as supplemented,
Written submissions must be filed by alleges a violation of section 337 based
BILLING CODE P
the close of business on August 10, upon the importation into the United
2018. States, the sale for importation, and the
Persons filing written submissions INTERNATIONAL TRADE sale within the United States after
must file the original document COMMISSION importation of certain gas spring nailer
electronically on or before the deadline products and components thereof, by
stated above and submit eight true paper [Investigation No. 337–TA–1082] reason of infringement of one or more of
copies to the Office of the Secretary U.S. Patent No. 8,011,547; U.S. Patent
pursuant to Commission Rule 210.4(f), Certain Gas Spring Nailer Products No. 8,267,296; U.S. Patent No.
CFR part 210.4(f). Submissions should and Components Thereof; 8,267,297; U.S. Patent No. 8,387,718;
refer to the investigation number (‘‘Inv. Commission Decision Not To Review U.S. Patent No. 8,286,722; and U.S.
No. 337–TA–1053’’) in a prominent an Initial Determination Granting Patent No. 8,602,282. See id. The
place on the cover page and/or the first Complainant’s Motion To Amend the amended complaint named one
page. (See Handbook for Electronic Notice of Investigation To Add Claim respondent, namely, Hitachi Koki
Filing Procedures, https:// 30 of U.S. Patent 8,267,297 U.S.A., Limited (‘‘Hitachi’’) of Braselton,
www.usitc.gov/secretary/documents/ AGENCY: U.S. International Trade Georgia. The Office of Unfair Import
sradovich on DSK3GMQ082PROD with NOTICES
handbook_on_filing_procedures.pdf). Commission. Investigations is not a party to the
Persons with questions regarding filing investigation. See id.
ACTION: Notice.
should contact the Secretary at (202) On June 4, 2018, Complainant
205–2000. SUMMARY: Notice is hereby given that Kyocera filed a motion (Motion) to
Any person desiring to submit a the U.S. International Trade amend the NOI to add claim 30 of the
document to the Commission in ’297 patent on the basis that it was
confidence must request confidential 1 All contract personnel will sign appropriate inadvertently omitted as a result of a
treatment unless the information has nondisclosure agreements. clerical error. The ID finds that ‘‘good
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![32686 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
cause exists for amending [the NOI]’’ limited exclusion order and a cease and a flat table member that can be placed
under Commission Rule 210.14(b), 19 desist order. substantially level with the seating areas
CFR 210.14(b). See ID at 2–3. ADDRESSES: The complaint, except for as well as raised above the level of the
Specifically, the ID reasons that any confidential information contained seating areas to various degrees to
‘‘[c]orrecting a clerical error constitutes therein, is available for inspection provide an open space beneath the table
good cause to amend [the NOI]’’ and during official business hours (8:45 a.m. and for the full width of the table. In
that ‘‘Complainant did not improperly to 5:15 p.m.) in the Office of the addition, the sofa includes a full width,
delay in bringing [the Motion].’’ See id. Secretary, U.S. International Trade integral backrest that can be folded
at 3. The ID also finds that ‘‘amending Commission, 500 E Street SW, Room down on top of the seats and table to
the [NOI] to add claim 30 will not 112, Washington, DC 20436, telephone provide a sleep/rest surface’’;
prejudice Respondent’’ because ‘‘[t]he (202) 205–2000. Hearing impaired (3) For the purpose of the
parties proceeded throughout discovery individuals are advised that information investigation so instituted, the following
as if claim 30 was within the scope of on this matter can be obtained by are hereby named as parties upon which
the Investigation.’’ See id. at 4. contacting the Commission’s TDD this notice of investigation shall be
No petition for review of the subject terminal on (202) 205–1810. Persons served:
ID was filed. The Commission has with mobility impairments who will
determined not to review the ID. (a) The complainant is: Sauder
need special assistance in gaining access Manufacturing Company, 930 West
The authority for the Commission’s to the Commission should contact the
determination is contained in section Barre Road, Archbold, OH 43502.
Office of the Secretary at (202) 205–
337 of the Tariff Act of 1930, as 2000. General information concerning (b) The respondent is the following
amended (19 U.S.C. 1337), and in part the Commission may also be obtained entity alleged to be in violation of
210 of the Commission’s Rules of by accessing its internet server at section 337, and is the party upon
Practice and Procedure (19 CFR part https://www.usitc.gov. The public which the complaint is to be served:
210). record for this investigation may be Krug, Inc., 111 Ahrens Street, Kitchener,
By order of the Commission. viewed on the Commission’s electronic Ontario, Canada N2C 1L5
Issued: July 9, 2018. docket (EDIS) at https://edis.usitc.gov. (4) For the investigation so instituted,
Lisa Barton, FOR FURTHER INFORMATION CONTACT: the Chief Administrative Law Judge,
Secretary to the Commission. Katherine M. Hiner, The Office of U.S. International Trade Commission,
Docket Services, U.S. International shall designate the presiding
[FR Doc. 2018–14954 Filed 7–12–18; 8:45 am]
Trade Commission, telephone (202) Administrative Law Judge;
BILLING CODE 7020–02–P
205–1802. (5) The Office of Unfair Import
SUPPLEMENTARY INFORMATION: Investigations will not be named as a
INTERNATIONAL TRADE Authority: The authority for party to this investigation.
COMMISSION institution of this investigation is Responses to the complaint and the
contained in section 337 of the Tariff notice of investigation must be
[Investigation No. 337–TA–1122] Act of 1930, as amended, 19 U.S.C. submitted by the named respondent in
Certain Convertible Sofas and 1337, and in section 210.10 of the accordance with section 210.13 of the
Components Thereof; Institution of Commission’s Rules of Practice and Commission’s Rules of Practice and
Investigation Procedure, 19 CFR 210.10 (2018). Procedure, 19 CFR 210.13. Pursuant to
Scope of Investigation: Having 19 CFR 201.16(e) and 210.13(a), such
AGENCY: U.S. International Trade considered the complaint, the U.S. responses will be considered by the
Commission. International Trade Commission, on Commission if received not later than 20
ACTION: Notice. July 6, 2018, ORDERED THAT— days after the date of service by the
(1) Pursuant to subsection (b) of Commission of the complaint and the
SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as notice of investigation. Extensions of
complaint was filed with the U.S. amended, an investigation be instituted time for submitting responses to the
International Trade Commission on June to determine whether there is a complaint and the notice of
7, 2018, under section 337 of the Tariff violation of subsection (a)(1)(B) of investigation will not be granted unless
Act of 1930, as amended, on behalf of section 337 in the importation into the good cause therefor is shown.
Sauder Manufacturing Company of United States, the sale for importation,
Archbold, Ohio. A supplement to the or the sale within the United States after Failure of the respondent to file a
complaint was filed on June 14, 2018. importation of products identified in timely response to each allegation in the
The complaint, as supplemented, paragraph (2) by reason of infringement complaint and in this notice may be
alleges violations of section 337 based of the claim of the ’576 patent; and deemed to constitute a waiver of the
upon the importation into the United whether an industry in the United right to appear and contest the
States, the sale for importation, and the States exists as required by subsection allegations of the complaint and this
sale within the United States after (a)(2) of section 337; notice, and to authorize the
importation of certain convertible sofas (2) Pursuant to section 210.10(b)(1) of administrative law judge and the
and components thereof by reason of the Commission’s Rules of Practice and Commission, without further notice to
infringement of U.S. Design Patent No. Procedure, 19 CFR 210.10(b)(1), the the respondent, to find the facts to be as
plain language description of the alleged in the complaint and this notice
sradovich on DSK3GMQ082PROD with NOTICES
716,576 (‘‘the ’576 patent’’). The
complaint further alleges that an accused products or category of accused and to enter an initial determination
industry in the United States exists as products, which defines the scope of the and a final determination containing
required by the applicable Federal investigation, is ‘‘convertible sofas that such findings, and may result in the
Statute. include the unitary combination of two issuance of an exclusion order or a cease
The complainant requests that the upholstered seating areas, each bordered and desist order or both directed against
Commission institute an investigation on the lateral end with a vertical the respondent.
and, after the investigation, issue armrest, such areas being separated by By order of the Commission.
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Document Created: 2018-07-13 01:05:05
Document Modified: 2018-07-13 01:05:05
| 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 | Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. 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 Citation | 83 FR 32685 |
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