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)

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.

[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]


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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.

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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