83 FR 38177 - Certain X-Ray Breast Imaging Devices and Components Thereof Notice of Request for Statements on the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 150 (August 3, 2018)
Federal Register Volume 83, Issue 150 (August 3, 2018)
| Page Range | 38177-38178 | |
| FR Document | 2018-16651 |
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)] [Notices] [Pages 38177-38178] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16651] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1063] Certain X-Ray Breast Imaging Devices and Components Thereof Notice of Request for Statements on the Public Interest AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the presiding administrative law judge (``ALJ'') has issued a Recommended Determination on Remedy and Bond in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief. The ALJ recommended, should the Commission find a violation of section 337, that the Commission issue a limited exclusion order prohibiting the entry of certain x-ray breast imaging devices and components thereof manufactured abroad by or on behalf of Respondents FUJIFILM Corporation of Tokyo, Japan; FUJIFILM Medical Systems USA, Inc. of Stamford, Connecticut; and FUJIFILM Techno Products Co., Ltd. of Hanamaki-Shi Iwate, Japan, that infringe certain claims of U.S. Patent Nos. 7,831,296; 8,452,379; 7,688,940; and 7,123,684. The ALJ also recommend that a cease and desist order be issued. The ALJ recommend that the issuing orders include exceptions relating to support, servicing and repair and that the limited exclusion order include an exception for government use, as well as a certification provision. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In addition, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ's Recommended Determination on Remedy and Bond issued in this investigation on July 26, 2018. Comments should address whether issuance of remedial orders in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; [[Page 38178]] (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or cease and desist orders within a commercially reasonable time; and (v) explain how the recommended exclusion order and/or cease and desist orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on September 6, 2018. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (``Inv. No. 1063'') in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary ((202) 205-2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes (all contract personnel will sign appropriate nondisclosure agreements). All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of 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 31, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-16651 Filed 8-2-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38177
time on the next business day. In the be published as provided if it meets Street SW, Washington, DC 20436,
event that confidential treatment of a these requirements and is germane to telephone (202) 205–2737. Copies of
document is requested, interested the subject matter of the investigation. non-confidential documents filed in
parties must file, at the same time as the The Commission will identify the name connection with this investigation are or
eight paper copies, at least four (4) of the organization furnishing the will be available for inspection during
additional true paper copies in which summary and will include a link to the official business hours (8:45 a.m. to 5:15
the confidential information must be Commission’s Electronic Document p.m.) in the Office of the Secretary, U.S.
deleted (see the following paragraph for Information System (EDIS) where the International Trade Commission, 500 E
further information regarding full written submission can be found. Street SW, Washington, DC 20436,
confidential business information). By order of the Commission. telephone (202) 205–2000. General
Persons with questions regarding information concerning the Commission
Issued: July 30, 2018.
electronic filing should contact the may also be obtained by accessing its
Lisa Barton,
Office of the Secretary, Docket Services internet server at http://www.usitc.gov.
Division (202–205–1802). Secretary to the Commission.
The public record for this investigation
Confidential Business Information. [FR Doc. 2018–16610 Filed 8–2–18; 8:45 am] may be viewed on the Commission’s
Any submissions that contain BILLING CODE 7020–02–P electronic docket (EDIS) at http://
confidential business information must edis.usitc.gov. Hearing-impaired
also conform to the requirements of persons are advised that information on
section 201.6 of the Commission’s Rules INTERNATIONAL TRADE this matter can be obtained by
of Practice and Procedure (19 CFR COMMISSION contacting the Commission’s TDD
201.6). Section 201.6 of the rules [Investigation No. 337–TA–1063] terminal on (202) 205–1810.
requires that the cover of the document
SUPPLEMENTARY INFORMATION: Section
and the individual pages be clearly Certain X-Ray Breast Imaging Devices 337 of the Tariff Act of 1930 provides
marked as to whether they are the and Components Thereof Notice of that if the Commission finds a violation
‘‘confidential’’ or ‘‘non-confidential’’ Request for Statements on the Public it shall exclude the articles concerned
version, and that the confidential Interest from the United States:
business information is clearly
identified by means of brackets. All AGENCY: U.S. International Trade unless, after considering the effect of such
written submissions, except for Commission. exclusion upon the public health and
confidential business information, will ACTION: Notice. welfare, competitive conditions in the United
States economy, the production of like or
be made available for inspection by
SUMMARY: Notice is hereby given that directly competitive articles in the United
interested parties. States, and United States consumers, it finds
the presiding administrative law judge
The Commission will not include any that such articles should not be excluded
confidential business information in the (‘‘ALJ’’) has issued a Recommended
Determination on Remedy and Bond in from entry.
report that it sends to the Congress or
the President or that it makes available the above-captioned investigation. The 19 U.S.C. 1337(d)(1). A similar
to the public. However, all information, Commission is soliciting comments on provision applies to cease and desist
including confidential business public interest issues raised by the orders. 19 U.S.C. 1337(f)(1).
information, submitted in this recommended relief. The ALJ The Commission is interested in
investigation may be disclosed to and recommended, should the Commission further development of the record on
used: (i) By the Commission, its find a violation of section 337, that the the public interest in these
employees and offices, and contract Commission issue a limited exclusion investigations. Accordingly, parties are
personnel (a) for developing or order prohibiting the entry of certain x- to file public interest submissions
maintaining the records of this or a ray breast imaging devices and pursuant to 19 CFR 210.50(a)(4). In
related proceeding, or (b) in internal components thereof manufactured addition, members of the public are
investigations, audits, reviews, and abroad by or on behalf of Respondents invited to file submissions of no more
evaluations relating to the programs, FUJIFILM Corporation of Tokyo, Japan; than five (5) pages, inclusive of
personnel, and operations of the FUJIFILM Medical Systems USA, Inc. of attachments, concerning the public
Commission including under 5 U.S.C. Stamford, Connecticut; and FUJIFILM interest in light of the ALJ’s
Appendix 3; or (ii) by U.S. government Techno Products Co., Ltd. of Hanamaki- Recommended Determination on
employees and contract personnel for Shi Iwate, Japan, that infringe certain Remedy and Bond issued in this
cybersecurity purposes. The claims of U.S. Patent Nos. 7,831,296; investigation on July 26, 2018.
Commission will not otherwise disclose 8,452,379; 7,688,940; and 7,123,684. Comments should address whether
any confidential business information in The ALJ also recommend that a cease issuance of remedial orders in this
a manner that would reveal the and desist order be issued. The ALJ investigation would affect the public
operations of the firm supplying the recommend that the issuing orders health and welfare in the United States,
information. include exceptions relating to support, competitive conditions in the United
Summaries of Written Submissions: servicing and repair and that the limited States economy, the production of like
The Commission intends to publish exclusion order include an exception for or directly competitive articles in the
summaries of the positions of interested government use, as well as a United States, or United States
persons. Persons wishing to have a certification provision. This notice is consumers.
summary of their position included in soliciting public interest comments from In particular, the Commission is
amozie on DSK3GDR082PROD with NOTICES1
the report should include a summary the public only. Parties are to file public interested in comments that:
with their written submission. The interest submissions pursuant to (i) Explain how the articles
summary may not exceed 500 words, Commission rules. potentially subject to the recommended
should be in MSWord format or a format FOR FURTHER INFORMATION CONTACT: orders are used in the United States;
that can be easily converted to MSWord, Amanda Pitcher Fisherow, Esq., Office (ii) identify any public health, safety,
and should not include any confidential of the General Counsel, U.S. or welfare concerns in the United States
business information. The summary will International Trade Commission, 500 E relating to the recommended orders;
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![38178 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices
(iii) identify like or directly sign appropriate nondisclosure contacting the Commission’s TDD
competitive articles that complainant, agreements). All nonconfidential terminal on (202) 205–1810.
its licensees, or third parties make in the written submissions will be available for SUPPLEMENTARY INFORMATION: The
United States which could replace the public inspection at the Office of the Commission instituted the original
subject articles if they were to be Secretary and on EDIS. investigation on September 9, 2014,
excluded; This action is taken under the based on a complaint filed by Adrian
(iv) indicate whether complainant, authority of section 337 of the Tariff Act Rivera and Adrian Rivera Maynez
complainant’s licensees, and/or third of 1930, as amended (19 U.S.C. 1337), Enterprises, Inc. (collectively, ‘‘ARM’’).
party suppliers have the capacity to and in part 210 of the Commission’s 79 FR 53445–46. The complaint alleged
replace the volume of articles Rules of Practice and Procedure (19 CFR that several respondents, including Eko
potentially subject to the recommended part 210). Brands, LLC (‘‘Eko’’) Evermuch
exclusion order and/or cease and desist By order of the Commission. Technology Co., Ltd. and Ever Much
orders within a commercially Company Ltd. (together, ‘‘Evermuch’’),
Issued: July 31, 2018.
reasonable time; and violated section 337 of the Tariff Act of
(v) explain how the recommended Lisa Barton,
Secretary to the Commission. 1930, as amended, 19 U.S.C. 1337, by
exclusion order and/or cease and desist
infringing certain claims of U.S. Patent
orders would impact consumers in the [FR Doc. 2018–16651 Filed 8–2–18; 8:45 am]
No. 8,720,320 (‘‘the ’320 patent’’). Id.
United States. BILLING CODE 7020–02–P
Written submissions must be filed no Eko Brands and Evermuch did not
later than by close of business on respond to the complaint and notice of
September 6, 2018. INTERNATIONAL TRADE investigation, and were found in
Persons filing written submissions COMMISSION default. Notice (May 18, 2015). On
must file the original document March 17, 2016, the Commission issued
[Investigation No. 337–TA–929 (Rescission a limited exclusion order prohibiting
electronically on or before the deadlines Proceeding)]
stated above and submit 8 true paper Eko and Evermuch from importing
copies to the Office of the Secretary by Certain Beverage Brewing Capsules, certain beverage brewing capsules,
noon the next day pursuant to section Components Thereof, and Products components thereof, and products
210.4(f) of the Commission’s Rules of Containing the Same; Commission containing same that infringed claims 8
Practice and Procedure (19 CFR Determination To Institute a or 19 of the ’320 patent, and also issued
210.4(f)). Submissions should refer to Rescission Proceeding; Temporary three cease-and-desist orders against
the investigation number (‘‘Inv. No. Rescission of the Remedial Orders; Eko and the two Evermuch entities
1063’’) in a prominent place on the Termination of the Proceeding prohibiting the sale and distribution
cover page and/or the first page. (See within the United States of articles that
Handbook for Electronic Filing AGENCY: U.S. International Trade infringe claims 8 or 19. 81 FR 15742–
Procedures, https://www.usitc.gov/ Commission. 43.
secretary/documents/handbook_on_ ACTION: Notice. On April 2, 2015, Eko filed in district
filing_procedures.pdf). Persons with court for declaratory relief stating, inter
SUMMARY: Notice is hereby given that alia, that Eko does not infringe certain
questions regarding filing should
the U.S. International Trade claims of the ’320 patent and that
contact the Secretary ((202) 205–2000).
Any person desiring to submit a Commission has determined to institute certain claims of the ’320 patent are
document to the Commission in a rescission proceeding, to temporarily invalid. Eko Brands v. Adrian Rivera
confidence must request confidential rescind a March 17, 2016 limited Maynez Enterprises Inc. et al., Case No.
treatment. All such requests should be exclusion order and three cease-and- 2:15-cv-00522, Dkt. #1 (W.D. Wash.). On
directed to the Secretary to the desist orders (‘‘the remedial orders’’), June 14, 2018, the district court issued
Commission and must include a full and to terminate the rescission an order finding that claims 5, 8, 18, and
statement of the reasons why the proceeding. 19 of the ’320 patent are invalid as
Commission should grant such FOR FURTHER INFORMATION CONTACT: obvious. Id. at Dkt. #251.
treatment. See 19 CFR 201.6. Documents Robert Needham, Office of the General On June 28, 2018, Eko petitioned the
for which confidential treatment by the Counsel, U.S. International Trade Commission to rescind the March 17,
Commission is properly sought will be Commission, 500 E Street SW, 2016 remedial orders based on the
treated accordingly. All information, Washington, DC 20436, telephone (202) district court’s invalidity judgment. On
including confidential business 708–5468. Copies of non-confidential July 9, 2018, ARM filed a response that
information and documents for which documents filed in connection with this did not dispute Eko’s petition, but
confidential treatment is properly investigation are or will be available for argued that any rescission be temporary
sought, submitted to the Commission for inspection during official business pending the resolution of ARM’s appeal
purposes of this Investigation may be hours (8:45 a.m. to 5:15 p.m.) in the of the district court invalidity judgment.
disclosed to and used: (i) By the Office of the Secretary, U.S. Having considered the petition and
Commission, its employees and Offices, International Trade Commission, 500 E response, the Commission has
and contract personnel (a) for Street SW, Washington, DC 20436, determined to institute a rescission
developing or maintaining the records telephone (202) 205–2000. General proceeding, and has determined that the
of this or a related proceeding, or (b) in information concerning the Commission circumstances warrant temporarily
internal investigations, audits, reviews, may also be obtained by accessing its rescinding the remedial orders pending
amozie on DSK3GDR082PROD with NOTICES1
and evaluations relating to the internet server (https://www.usitc.gov). the appeal of the district court invalidity
programs, personnel, and operations of The public record for this investigation judgment. The rescission proceeding is
the Commission including under 5 may be viewed on the Commission’s hereby terminated.
U.S.C. appendix 3; or (ii) by U.S. electronic docket (EDIS) at https:// The authority for the Commission’s
government employees and contract edis.usitc.gov. Hearing-impaired determination is contained in section
personnel, solely for cybersecurity persons are advised that information on 337 of the Tariff Act of 1930, as
purposes (all contract personnel will this matter can be obtained by amended (19 U.S.C. 1337), and in part
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Document Created: 2018-11-06 10:35:11
Document Modified: 2018-11-06 10:35:11
| 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 | Amanda Pitcher Fisherow, Esq., 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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 38177 |
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