83 FR 35495 - Certain Toner Cartridges and Components Thereof; Commission Determination Not To Review an Initial Determination Amending the Complainant and Notice of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 144 (July 26, 2018)
Federal Register Volume 83, Issue 144 (July 26, 2018)
| Page Range | 35495-35496 | |
| FR Document | 2018-15990 |
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)] [Notices] [Pages 35495-35496] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15990] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1106] Certain Toner Cartridges and Components Thereof; Commission Determination Not To Review an Initial Determination Amending the Complainant and Notice of Investigation 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. 18) of the presiding administrative law judge (``ALJ'') amending the complaint and notice of investigation in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2310. 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 this investigation on March 29, 2018, based on a complaint filed on behalf of Canon U.S.A. Inc. of Melville, New York and Canon Virginia, Inc. of Newport News, Virginia. 83 FR 13516-17. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent Nos. 9,746,826 (``the '826 patent''); 9,836,021 (``the '021 patent''); 9,841,727 (``the '727 patent''); 9,841,728 (``the '728 patent''); 9,841,729 (``the '729 patent''); 9,857,764 (``the '764 patent''); 9,857,765 (``the '765 patent''); 9,869,960 (``the '960 patent''); and 9,874,846. The Commission's notice of investigation named numerous respondents including Aster Graphics Co., Ltd. (``Aster Graphics'') of Guangdong, China; Do It Wiser LLC d/b/a Image Toner (``Image Toner'') of Alpharetta, Georgia; Global Cartridges of Burlingame, California; GPC Trading Co., Ltd. d/b/a GPC Image (``GPC Image'') of Kowloon, Hong Kong; and The Supplies Guys, LLC of Lancaster, Pennsylvania. The Office of Unfair Import Investigations is also a party to the investigation. On June 13, 2018, complainants filed an unopposed amended motion to amend the complaint and notice of investigation (``NOI'') to do the following: (1) Change the name of respondent The Supplies Guys, LLC to The Supplies Guys, Inc.; (2) correct the [[Page 35496]] addresses for respondents Image Toner, Global Cartridges, and GPC Image; (3) terminate the investigation as to Aster Graphics; (4) add respondent Aster Graphics Company Ltd. (``Aster Graphics Company'') of Kowloon, Hong Kong to the investigation; (5) supplement complainants' identification of related court proceedings and patent applications related to the asserted patents in this investigation; and (6) terminate the investigation as to claims 3-4, 7, and 9 of the '826 patent; claims 5, 9, and 11 of the '021 patent; all asserted claims of the '727 and '728 patents; claims 2, 6, 10, 14, 19, 21, and 24 of the '729 patent; claim 8 of the '764 patent; claim 17 of the '765 patent; and claim 7 of the '960 patent. The ALJ issued the subject ID on June 28, 2018, granting complainants' motion to amend the complaint and NOI. She found that good cause exists to grant the motion to amend under Commission rule 210.14(b)(1) because (1) complainant only learned during discovery that Aster Graphics Company of Hong Kong should replace Aster Graphics of China; and (2) complainants' motion is unopposed. The ALJ also found that no extraordinary circumstances exist to prevent the termination of these claims from the investigation and that such termination is in the public interest. No petitions for review were filed. 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 23, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-15990 Filed 7-25-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices 35495
relating to the requested remedial Commission is properly sought will be (Order No. 18) of the presiding
orders; treated accordingly. All such requests administrative law judge (‘‘ALJ’’)
(iii) identify like or directly should be directed to the Secretary to amending the complaint and notice of
competitive articles that complainant, the Commission and must include a full investigation in the above-captioned
its licensees, or third parties make in the statement of the reasons why the investigation.
United States which could replace the Commission should grant such FOR FURTHER INFORMATION CONTACT:
subject articles if they were to be treatment. See 19 CFR 201.6. Documents Clint Gerdine, Esq., Office of the
excluded; for which confidential treatment by the General Counsel, U.S. International
(iv) indicate whether complainant, Commission is properly sought will be Trade Commission, 500 E Street SW,
complainant’s licensees, and/or third treated accordingly. All information, Washington, DC 20436, telephone (202)
party suppliers have the capacity to including confidential business 708–2310. Copies of non-confidential
replace the volume of articles information and documents for which documents filed in connection with this
potentially subject to the requested confidential treatment is properly investigation are or will be available for
exclusion order and/or a cease and sought, submitted to the Commission for inspection during official business
desist order within a commercially purposes of this Investigation may be hours (8:45 a.m. to 5:15 p.m.) in the
reasonable time; and disclosed to and used: (i) By the Office of the Secretary, U.S.
(v) explain how the requested Commission, its employees and Offices, International Trade Commission, 500 E
remedial orders would impact United and contract personnel (a) for Street SW, Washington, DC 20436,
States consumers. developing or maintaining the records telephone (202) 205–2000. General
Written submissions on the public of this or a related proceeding, or (b) in information concerning the Commission
interest must be filed no later than by internal investigations, audits, reviews, may also be obtained by accessing its
close of business, eight calendar days and evaluations relating to the internet server at https://www.usitc.gov.
after the date of publication of this programs, personnel, and operations of The public record for this investigation
notice in the Federal Register. There the Commission including under 5 may be viewed on the Commission’s
will be further opportunities for U.S.C. Appendix 3; or (ii) by U.S. electronic docket (EDIS) at https://
comment on the public interest after the government employees and contract edis.usitc.gov. Hearing-impaired
issuance of any final initial personnel,2 solely for cybersecurity persons are advised that information on
determination in this investigation. Any purposes. All nonconfidential written this matter can be obtained by
written submissions on other issues submissions will be available for public contacting the Commission’s TDD
should be filed no later than by close of inspection at the Office of the Secretary terminal on (202) 205–1810.
business nine calendar days after the and on EDIS.3
SUPPLEMENTARY INFORMATION: The
date of publication of this notice in the This action is taken under the
Commission instituted this investigation
Federal Register. Complainant may file authority of section 337 of the Tariff Act
on March 29, 2018, based on a
a reply to any written submission no of 1930, as amended (19 U.S.C. 1337),
complaint filed on behalf of Canon
later than the date on which and of §§ 201.10 and 210.8(c) of the
U.S.A. Inc. of Melville, New York and
complainant’s reply would be due Commission’s Rules of Practice and
Canon Virginia, Inc. of Newport News,
under § 210.8(c)(2) of the Commission’s Procedure (19 CFR 201.10, 210.8(c)).
Virginia. 83 FR 13516–17. The
Rules of Practice and Procedure (19 CFR By order of the Commission. complaint alleges violations of section
210.8(c)(2)). Issued: July 20, 2018.
Persons filing written submissions 337 of the Tariff Act of 1930, as
Lisa Barton, amended, 19 U.S.C. 1337, by reason of
must file the original document
electronically on or before the deadlines Secretary to the Commission. infringement of certain claims of U.S.
stated above and submit 8 true paper [FR Doc. 2018–15960 Filed 7–25–18; 8:45 am] Patent Nos. 9,746,826 (‘‘the ’826
copies to the Office of the Secretary by BILLING CODE 7020–02–P patent’’); 9,836,021 (‘‘the ’021 patent’’);
noon the next day pursuant to § 210.4(f) 9,841,727 (‘‘the ’727 patent’’); 9,841,728
of the Commission’s Rules of Practice (‘‘the ’728 patent’’); 9,841,729 (‘‘the ’729
and Procedure (19 CFR 210.4(f)). INTERNATIONAL TRADE patent’’); 9,857,764 (‘‘the ’764 patent’’);
Submissions should refer to the docket COMMISSION 9,857,765 (‘‘the ’765 patent’’); 9,869,960
number (Docket No. 3329) in a [Investigation No. 337–TA–1106]
(‘‘the ’960 patent’’); and 9,874,846. The
prominent place on the cover page and/ Commission’s notice of investigation
or the first page. (See Handbook for Certain Toner Cartridges and named numerous respondents including
Electronic Filing Procedures, Electronic Components Thereof; Commission Aster Graphics Co., Ltd. (‘‘Aster
Filing Procedures 1). Persons with Determination Not To Review an Initial Graphics’’) of Guangdong, China; Do It
questions regarding filing should Determination Amending the Wiser LLC d/b/a Image Toner (‘‘Image
contact the Secretary (202–205–2000). Complainant and Notice of Toner’’) of Alpharetta, Georgia; Global
Any person desiring to submit a Investigation Cartridges of Burlingame, California;
document to the Commission in GPC Trading Co., Ltd. d/b/a GPC Image
AGENCY: U.S. International Trade (‘‘GPC Image’’) of Kowloon, Hong Kong;
confidence must request confidential Commission.
treatment. All such requests should be and The Supplies Guys, LLC of
ACTION: Notice. Lancaster, Pennsylvania. The Office of
directed to the Secretary to the
Commission and must include a full Unfair Import Investigations is also a
SUMMARY: Notice is hereby given that
sradovich on DSK3GMQ082PROD with NOTICES
statement of the reasons why the party to the investigation.
the U.S. International Trade On June 13, 2018, complainants filed
Commission should grant such Commission has determined not to an unopposed amended motion to
treatment. See 19 CFR 201.6. Documents review an initial determination (‘‘ID’’) amend the complaint and notice of
for which confidential treatment by the
2 All contract personnel will sign appropriate
investigation (‘‘NOI’’) to do the
1 Handbook for Electronic Filing Procedures: nondisclosure agreements. following: (1) Change the name of
https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System respondent The Supplies Guys, LLC to
filing_procedures.pdf. (EDIS): https://edis.usitc.gov The Supplies Guys, Inc.; (2) correct the
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![35496 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices
addresses for respondents Image Toner, soliciting comments on any public specifically requested by the
Global Cartridges, and GPC Image; (3) interest issues raised by the complaint complainant in this investigation would
terminate the investigation as to Aster or complainant’s filing pursuant to the affect the public health and welfare in
Graphics; (4) add respondent Aster Commission’s Rules of Practice and the United States, competitive
Graphics Company Ltd. (‘‘Aster Procedure. conditions in the United States
Graphics Company’’) of Kowloon, Hong FOR FURTHER INFORMATION CONTACT: Lisa economy, the production of like or
Kong to the investigation; (5) R. Barton, Secretary to the Commission, directly competitive articles in the
supplement complainants’ U.S. International Trade Commission, United States, or United States
identification of related court 500 E Street SW, Washington, DC consumers.
proceedings and patent applications 20436, telephone (202) 205–2000. The In particular, the Commission is
related to the asserted patents in this public version of the complaint can be interested in comments that:
investigation; and (6) terminate the (i) Explain how the articles
accessed on the Commission’s
investigation as to claims 3–4, 7, and 9 potentially subject to the requested
Electronic Document Information
of the ’826 patent; claims 5, 9, and 11 remedial orders are used in the United
System (EDIS) at https://edis.usitc.gov,
of the ’021 patent; all asserted claims of States;
and will be available for inspection (ii) identify any public health, safety,
the ’727 and ’728 patents; claims 2, 6, during official business hours (8:45 a.m.
10, 14, 19, 21, and 24 of the ’729 patent; or welfare concerns in the United States
to 5:15 p.m.) in the Office of the relating to the requested remedial
claim 8 of the ’764 patent; claim 17 of Secretary, U.S. International Trade
the ’765 patent; and claim 7 of the ’960 orders;
Commission, 500 E Street SW, (iii) identify like or directly
patent. Washington, DC 20436, telephone (202)
The ALJ issued the subject ID on June competitive articles that complainant,
205–2000. its licensees, or third parties make in the
28, 2018, granting complainants’ motion General information concerning the
to amend the complaint and NOI. She United States which could replace the
Commission may also be obtained by subject articles if they were to be
found that good cause exists to grant the accessing its internet server at United
motion to amend under Commission excluded;
States International Trade Commission (iv) indicate whether complainant,
rule 210.14(b)(1) because (1) (USITC) at https://www.usitc.gov. The
complainant only learned during complainant’s licensees, and/or third
public record for this investigation may party suppliers have the capacity to
discovery that Aster Graphics Company be viewed on the Commission’s
of Hong Kong should replace Aster replace the volume of articles
Electronic Document Information potentially subject to the requested
Graphics of China; and (2) System (EDIS) at https://edis.usitc.gov.
complainants’ motion is unopposed. exclusion order and/or a cease and
Hearing-impaired persons are advised desist order within a commercially
The ALJ also found that no that information on this matter can be
extraordinary circumstances exist to reasonable time; and
obtained by contacting the (v) explain how the requested
prevent the termination of these claims Commission’s TDD terminal on (202)
from the investigation and that such remedial orders would impact United
205–1810. States consumers.
termination is in the public interest. No
petitions for review were filed. SUPPLEMENTARY INFORMATION: The Written submissions on the public
The authority for the Commission’s Commission has received a complaint interest must be filed no later than by
determination is contained in section and a submission pursuant to § 210.8(b) close of business, eight calendar days
337 of the Tariff Act of 1930, as of the Commission’s Rules of Practice after the date of publication of this
amended, 19 U.S.C. 1337, and in Part and Procedure filed on behalf of Carl notice in the Federal Register. There
210 of the Commission’s Rules of Ziess SMT GmBH on July 20, 2018. The will be further opportunities for
Practice and Procedure, 19 CFR part complaint alleges violations of section comment on the public interest after the
210. 337 of the Tariff Act of 1930 (19 U.S.C. issuance of any final initial
1337) in the importation into the United determination in this investigation. Any
By order of the Commission. States, the sale for importation, and the written submissions on other issues
Issued: July 23, 2018. sale within the United States after should be filed no later than by close of
Lisa Barton, importation of certain lithography business nine calendar days after the
Secretary to the Commission. machines and systems and components date of publication of this notice in the
[FR Doc. 2018–15990 Filed 7–25–18; 8:45 am] thereof (I). The complaint names as Federal Register. Complainant may file
BILLING CODE 7020–02–P respondents: Nikon Corporation of a reply to any written submission no
Japan; Nikon Research Corporation of later than the date on which
America of Belmont, CA; and Nikon complainant’s reply would be due
INTERNATIONAL TRADE Precision Inc. of Belmont, CA. The under § 210.8(c)(2) of the Commission’s
COMMISSION complainant requests that the Rules of Practice and Procedure (19 CFR
Commission issue a limited exclusion 210.8(c)(2)).
Notice of Receipt of Complaint; order, cease and desist orders and Persons filing written submissions
Solicitation of Comments Relating to impose a bond upon respondents’ must file the original document
the Public Interest alleged infringing articles during the 60- electronically on or before the deadlines
AGENCY: U.S. International Trade day Presidential review period pursuant stated above and submit 8 true paper
Commission. to 19 U.S.C. 1337(j). copies to the Office of the Secretary by
Proposed respondents, other noon the next day pursuant to § 210.4(f)
sradovich on DSK3GMQ082PROD with NOTICES
ACTION: Notice.
interested parties, and members of the of the Commission’s Rules of Practice
SUMMARY: Notice is hereby given that public are invited to file comments, not and Procedure (19 CFR 210.4(f)).
the U.S. International Trade to exceed five (5) pages in length, Submissions should refer to the docket
Commission has received a complaint inclusive of attachments, on any public number (‘‘Docket No. 3328’’) in a
entitled Certain Lithography Machines interest issues raised by the complaint prominent place on the cover page and/
and Systems and Components Thereof or § 210.8(b) filing. Comments should or the first page. (See Handbook for
(I), DN 3328; the Commission is address whether issuance of the relief Electonic Filing Procedures, Electronic
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Document Created: 2018-11-06 10:26:30
Document Modified: 2018-11-06 10:26:30
| 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 | Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2310. 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 35495 |
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