83_FR_49053 83 FR 48865 - Certain Dental Ceramics, Products Thereof, and Methods of Making the Same; Commission Decision To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date

83 FR 48865 - Certain Dental Ceramics, Products Thereof, and Methods of Making the Same; Commission Decision To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range48865-48867
FR Document2018-21007

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``final ID'') issued by the presiding administrative law judge (``ALJ'') on July 23, 2018, finding no violation of section 337 of the Tariff Act of 1930, in the above-captioned investigation. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties, interested persons, and interested government agencies on the issues of remedy, the public interest, and bonding. The Commission has determined to extend the target date for completion of the investigation from November 23, 2018 to November 30, 2018.

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018)
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48865-48867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21007]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1050]


Certain Dental Ceramics, Products Thereof, and Methods of Making 
the Same; Commission Decision To Review in Part a Final Initial 
Determination Finding No Violation of Section 337; Schedule for Filing 
Written Submissions on the Issues Under Review and on Remedy, the 
Public Interest, and Bonding; Extension of the Target Date

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 to review in part the final initial 
determination (``final ID'') issued by the presiding administrative law 
judge (``ALJ'') on July 23, 2018, finding no violation of section 337 
of the Tariff Act of 1930, in the above-captioned investigation. The 
Commission requests certain briefing from the parties on the issues 
under review, as indicated in this notice. The Commission also requests 
briefing from the parties, interested persons, and interested 
government agencies on the issues of remedy, the public interest, and 
bonding. The Commission has determined to extend the target date for 
completion of the investigation from November 23, 2018 to November 30, 
2018.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2532. 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 TDD terminal on (202) 205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 25, 2017, based on a complaint, as supplemented, filed by 
Ivoclar Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc. of 
Amherst, New York; and Ardent, Inc. of Amherst, New York (collectively 
``Ivoclar''). 82 FR 19081 (Apr. 25, 2017). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337), in the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain dental ceramics, products thereof, and 
methods of making the same by reason of the infringement of certain 
claims of four United States patents: U.S. Patent No. 7,452,836 (``the 
'836 patent''); U.S. Patent No. 6,517,623 (``the '623 patent''); U.S. 
Patent No. 6,802,894 (``the '894 patent''); and U.S. Patent No. 
6,455,451 (``the '451 patent''). The notice of investigation named as 
respondents GC Corporation of Tokyo, Japan; and GC America, Inc. of 
Alsip, Illinois (collectively, ``GC''). The Office of Unfair Import 
Investigations was also named as a party.
    The investigation was previously terminated as to certain asserted 
patent claims, including all of the asserted claims of the '623 patent 
and the '451 patent, based upon withdrawal of the complaint. Order No. 
18 (Nov. 21, 2017), not reviewed, Notice (Dec. 6, 2017); Order No. 24 
(Dec. 19, 2017), not reviewed, Notice (Jan. 18, 2018); Order No. 51 
(Feb. 22, 2018), not reviewed, Notice (Mar. 23, 2018); Order No. 56 
(Mar. 28, 2018), not reviewed, Notice (Apr. 27, 2018). Remaining within 
the scope of the investigation, as to infringement, domestic industry, 
or both, are claims 1, 2, 4, 5, 7, 9, 10, 13, 15-19, and 21 of the '836 
patent; and claims 1, 2, 4, 16-21, 34, 36 and 38 of the '894 patent.
    On July 23, 2018, the ALJ issued the final ID. The ID finds, inter 
alia, that Ivoclar failed to demonstrate infringement of the above-
referenced claims of the '836 patent. The ID finds, inter alia, that 
claims 36 and 38 (``the '894 flexure strength claims'') are invalid as 
indefinite under 35 U.S.C. 112 ] 2. The ID further finds that Ivoclar 
failed to demonstrate infringement and failed to meet the technical 
prong of the domestic industry requirement as to the remaining claims 
of the '894 patent (claims 1, 2, 4, 5, 7, 9, 10, 13, 15-19, and 21) 
(``the '894 annealing claims''). The ID finds that some, but not all, 
of the '894 annealing claims are invalid in view of certain prior art.
    Ivoclar, GC, and the Commission investigative attorney filed 
petitions for review and replies to the other parties' petitions.
    Having reviewed the record of the investigation, including the 
final ID, as well as the parties' petitions for review and responses 
thereto, the Commission has determined as follows. The Commission has 
determined to review the ID's findings as to the '894 annealing claims. 
The Commission has determined not to review the ID's findings as to the 
'894 flexure strength claims because the Commission finds that the 
invalidity of claims 36 and 38 has been shown clearly and convincingly. 
The Commission has determined not to review the ID's findings for the 
'836 patent claims. Accordingly, the Commission finds no violation of 
section 337 as to the '836 patent and as to the '894 flexure strength 
claims. The Commission has determined not to review the remainder of 
the ID.
    In connection with the Commission's review, the Commission notes 
that ``[a]ny issue not raised in a petition for review will be deemed 
to have been abandoned by the petitioning party and may be disregarded 
by the Commission in reviewing the initial determination.'' 19 CFR 
210.43(b)(2).
    The parties are asked to provide additional briefing on the 
following issues, with reference to the applicable law and the existing 
evidentiary record. For each argument presented, the parties' 
submissions should set forth whether and/or how that argument was 
presented and preserved in the proceedings before the ALJ, in 
conformity with the ALJ's Ground Rules (Order No. 2), with citations to 
the record.
    1. For purposes of invalidity of the '894 annealing claims, if the 
Commission were to find that a person of ordinary skill is entitled to 
rely upon the patentee's representation about the

[[Page 48866]]

disclosure of Barrett teaching lithium disilicates, see, e.g., 
PharmaStem Therapeutics, Inc. v. Viacell, Inc., 491 F.3d 1342, 1362 
(Fed. Cir. 2007) (``Admissions in the specification regarding the prior 
art are binding on the patentee for purposes of a later inquiry into 
obviousness.''), what is the role, if any, of enablement of the prior 
art, see, e.g., Hoeschst Marion Roussel, Inc., 314 F.3d 1313, 1354 
(Fed. Cir. 2003) (``A claimed invention cannot be anticipated by a 
prior art reference if the allegedly anticipatory disclosures cited as 
prior art are not enabled.'')? Please be certain to identify the 
appropriate burdens of production and persuasion, and the effect of 
those burdens in this investigation.
    2. If the Commission finds that the sequence of steps performed by 
GC can practice the ``annealing'' limitation of the '894 annealing 
claims if annealing were to occur:
    a. Whether Ivoclar demonstrated, by a preponderance of evidence, 
that GC's methods practice the ``annealing'' limitation of claim 1 of 
the '894 patent (including all time and temperature limitations).
    b. Whether the WO196 patent application (RX-563) can be 
invalidating prior art, as discussed in Ivoclar's reply to GC's 
petition, at p. 94.
    c. Whether, to ascertain if GC's products or Ivoclar's products 
meet the other limitations of claim 1, or the limitations of any claim 
dependent upon claim 1, a remand to the presiding ALJ is warranted.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
(December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file combined written submissions on the issues under review and 
remedy, the public interest and bonding. Interested government 
agencies, and any other interested parties are encouraged to file 
written submissions on the issues of remedy, the public interest, and 
bonding. Such submissions should address the recommended determination 
by the ALJ on remedy and bonding.
    The parties' submissions on the issues under review and on remedy, 
the public interest, and bonding should not exceed 40 pages. Reply 
submissions on the issues under review should not exceed 25 pages per 
side. Parties are encouraged to incorporate by reference any arguments 
adequately presented in their petitions for review and responses 
thereto, rather than repeating arguments. The page limits above are 
exclusive of exhibits, but parties are not to circumvent the page 
limits by incorporating material by reference from the exhibits or from 
the record.
    The complainants' opening submission is to include proposed 
remedial orders for the Commission's consideration; the date that the 
'894 patent expires; the HTSUS numbers under which the accused products 
are imported; and the names of known importers of the products at issue 
in this investigation.
    Written submissions by the parties and the public must be filed no 
later than close of business on Friday, October 5, 2018. Reply 
submissions by the parties and the public must be filed no later than 
the close of business on Friday, October 12, 2018. No further 
submissions will be permitted unless otherwise ordered by the 
Commission.
    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. 337-TA-1050'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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

[[Page 48867]]

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Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: September 21, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21007 Filed 9-26-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                        Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices                                             48865

                                               to the programs, personnel, and                         investigation are or will be available for               On July 23, 2018, the ALJ issued the
                                               operations of the Commission including                  inspection during official business                   final ID. The ID finds, inter alia, that
                                               under 5 U.S.C. Appendix 3; or (ii) by                   hours (8:45 a.m. to 5:15 p.m.) in the                 Ivoclar failed to demonstrate
                                               U.S. government employees and                           Office of the Secretary, U.S.                         infringement of the above-referenced
                                               contract personnel, solely for                          International Trade Commission, 500 E                 claims of the ’836 patent. The ID finds,
                                               cybersecurity purposes. All contract                    Street SW, Washington, DC 20436,                      inter alia, that claims 36 and 38 (‘‘the
                                               personnel will sign appropriate                         telephone (202) 205–2000. General                     ’894 flexure strength claims’’) are
                                               nondisclosure agreements.                               information concerning the Commission                 invalid as indefinite under 35 U.S.C.
                                                  Authority: These investigations are                  may also be obtained by accessing its                 112 ¶ 2. The ID further finds that Ivoclar
                                               being conducted under authority of title                internet server at https://www.usitc.gov.             failed to demonstrate infringement and
                                               VII of the Tariff Act of 1930; this notice              The public record for this investigation              failed to meet the technical prong of the
                                               is published pursuant to section 207.12                 may be viewed on the Commission’s                     domestic industry requirement as to the
                                               of the Commission’s rules.                              electronic docket (EDIS) at https://                  remaining claims of the ’894 patent
                                                 By order of the Commission.                           edis.usitc.gov. Hearing-impaired                      (claims 1, 2, 4, 5, 7, 9, 10, 13, 15–19, and
                                                 Issued: September 21, 2018.                           persons are advised that information on               21) (‘‘the ’894 annealing claims’’). The
                                                                                                       this matter can be obtained by                        ID finds that some, but not all, of the
                                               Lisa Barton,
                                                                                                       contacting the Commission TDD                         ’894 annealing claims are invalid in
                                               Secretary to the Commission.
                                                                                                       terminal on (202) 205–1810.                           view of certain prior art.
                                               [FR Doc. 2018–20990 Filed 9–26–18; 8:45 am]                                                                      Ivoclar, GC, and the Commission
                                               BILLING CODE 7020–02–P                                  SUPPLEMENTARY INFORMATION:        The                 investigative attorney filed petitions for
                                                                                                       Commission instituted this investigation              review and replies to the other parties’
                                                                                                       on April 25, 2017, based on a complaint,              petitions.
                                               INTERNATIONAL TRADE                                     as supplemented, filed by Ivoclar                        Having reviewed the record of the
                                               COMMISSION                                              Vivadent AG of Schaan, Liechtenstein;                 investigation, including the final ID, as
                                               [Investigation No. 337–TA–1050]                         Ivoclar Vivadent, Inc. of Amherst, New                well as the parties’ petitions for review
                                                                                                       York; and Ardent, Inc. of Amherst, New                and responses thereto, the Commission
                                               Certain Dental Ceramics, Products                       York (collectively ‘‘Ivoclar’’). 82 FR                has determined as follows. The
                                               Thereof, and Methods of Making the                      19081 (Apr. 25, 2017). The complaint,                 Commission has determined to review
                                               Same; Commission Decision To                            as supplemented, alleged violations of                the ID’s findings as to the ’894 annealing
                                               Review in Part a Final Initial                          section 337 of the Tariff Act of 1930, as             claims. The Commission has
                                               Determination Finding No Violation of                   amended (19 U.S.C. 1337), in the                      determined not to review the ID’s
                                               Section 337; Schedule for Filing                        importation into the United States, the               findings as to the ’894 flexure strength
                                               Written Submissions on the Issues                       sale for importation, or the sale within              claims because the Commission finds
                                               Under Review and on Remedy, the                         the United States after importation of                that the invalidity of claims 36 and 38
                                               Public Interest, and Bonding;                           certain dental ceramics, products                     has been shown clearly and
                                               Extension of the Target Date                            thereof, and methods of making the                    convincingly. The Commission has
                                                                                                       same by reason of the infringement of                 determined not to review the ID’s
                                               AGENCY: U.S. International Trade                                                                              findings for the ’836 patent claims.
                                               Commission.                                             certain claims of four United States
                                                                                                       patents: U.S. Patent No. 7,452,836 (‘‘the             Accordingly, the Commission finds no
                                               ACTION: Notice.                                                                                               violation of section 337 as to the ’836
                                                                                                       ’836 patent’’); U.S. Patent No. 6,517,623
                                               SUMMARY:    Notice is hereby given that                 (‘‘the ’623 patent’’); U.S. Patent No.                patent and as to the ’894 flexure
                                               the U.S. International Trade                            6,802,894 (‘‘the ’894 patent’’); and U.S.             strength claims. The Commission has
                                               Commission has determined to review                     Patent No. 6,455,451 (‘‘the ’451 patent’’).           determined not to review the remainder
                                               in part the final initial determination                 The notice of investigation named as                  of the ID.
                                                                                                                                                                In connection with the Commission’s
                                               (‘‘final ID’’) issued by the presiding                  respondents GC Corporation of Tokyo,
                                                                                                                                                             review, the Commission notes that
                                               administrative law judge (‘‘ALJ’’) on                   Japan; and GC America, Inc. of Alsip,
                                                                                                                                                             ‘‘[a]ny issue not raised in a petition for
                                               July 23, 2018, finding no violation of                  Illinois (collectively, ‘‘GC’’). The Office
                                                                                                                                                             review will be deemed to have been
                                               section 337 of the Tariff Act of 1930, in               of Unfair Import Investigations was also
                                                                                                                                                             abandoned by the petitioning party and
                                               the above-captioned investigation. The                  named as a party.
                                                                                                                                                             may be disregarded by the Commission
                                               Commission requests certain briefing                       The investigation was previously                   in reviewing the initial determination.’’
                                               from the parties on the issues under                    terminated as to certain asserted patent              19 CFR 210.43(b)(2).
                                               review, as indicated in this notice. The                claims, including all of the asserted                    The parties are asked to provide
                                               Commission also requests briefing from                  claims of the ’623 patent and the ’451                additional briefing on the following
                                               the parties, interested persons, and                    patent, based upon withdrawal of the                  issues, with reference to the applicable
                                               interested government agencies on the                   complaint. Order No. 18 (Nov. 21,                     law and the existing evidentiary record.
                                               issues of remedy, the public interest,                  2017), not reviewed, Notice (Dec. 6,                  For each argument presented, the
                                               and bonding. The Commission has                         2017); Order No. 24 (Dec. 19, 2017), not              parties’ submissions should set forth
                                               determined to extend the target date for                reviewed, Notice (Jan. 18, 2018); Order               whether and/or how that argument was
                                               completion of the investigation from                    No. 51 (Feb. 22, 2018), not reviewed,                 presented and preserved in the
                                               November 23, 2018 to November 30,                       Notice (Mar. 23, 2018); Order No. 56                  proceedings before the ALJ, in
                                               2018.                                                   (Mar. 28, 2018), not reviewed, Notice                 conformity with the ALJ’s Ground Rules
daltland on DSKBBV9HB2PROD with NOTICES




                                               FOR FURTHER INFORMATION CONTACT:                        (Apr. 27, 2018). Remaining within the                 (Order No. 2), with citations to the
                                               Sidney A. Rosenzweig, Office of the                     scope of the investigation, as to                     record.
                                               General Counsel, U.S. International                     infringement, domestic industry, or                      1. For purposes of invalidity of the
                                               Trade Commission, 500 E Street SW,                      both, are claims 1, 2, 4, 5, 7, 9, 10, 13,            ’894 annealing claims, if the
                                               Washington, DC 20436, telephone (202)                   15–19, and 21 of the ’836 patent; and                 Commission were to find that a person
                                               708–2532. Copies of non-confidential                    claims 1, 2, 4, 16–21, 34, 36 and 38 of               of ordinary skill is entitled to rely upon
                                               documents filed in connection with this                 the ’894 patent.                                      the patentee’s representation about the


                                          VerDate Sep<11>2014   17:20 Sep 26, 2018   Jkt 244001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\27SEN1.SGM   27SEN1


                                               48866                    Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices

                                               disclosure of Barrett teaching lithium                     If the Commission contemplates some                   Written submissions by the parties
                                               disilicates, see, e.g., PharmaStem                      form of remedy, it must consider the                  and the public must be filed no later
                                               Therapeutics, Inc. v. Viacell, Inc., 491                effects of that remedy upon the public                than close of business on Friday,
                                               F.3d 1342, 1362 (Fed. Cir. 2007)                        interest. The factors the Commission                  October 5, 2018. Reply submissions by
                                               (‘‘Admissions in the specification                      will consider include the effect that an              the parties and the public must be filed
                                               regarding the prior art are binding on                  exclusion order and/or cease and desist               no later than the close of business on
                                               the patentee for purposes of a later                    orders would have on (1) the public                   Friday, October 12, 2018. No further
                                               inquiry into obviousness.’’), what is the               health and welfare, (2) competitive                   submissions will be permitted unless
                                               role, if any, of enablement of the prior                conditions in the U.S. economy, (3) U.S.              otherwise ordered by the Commission.
                                               art, see, e.g., Hoeschst Marion Roussel,                production of articles that are like or                  Persons filing written submissions
                                               Inc., 314 F.3d 1313, 1354 (Fed. Cir.                    directly competitive with those that are              must file the original document
                                               2003) (‘‘A claimed invention cannot be                  subject to investigation, and (4) U.S.                electronically on or before the deadlines
                                               anticipated by a prior art reference if the             consumers. The Commission is                          stated above and submit 8 true paper
                                               allegedly anticipatory disclosures cited                therefore interested in receiving written             copies to the Office of the Secretary by
                                               as prior art are not enabled.’’)? Please be             submissions that address the                          noon the next day pursuant to section
                                               certain to identify the appropriate                     aforementioned public interest factors                210.4(f) of the Commission’s Rules of
                                               burdens of production and persuasion,                   in the context of this investigation.                 Practice and Procedure (19 CFR
                                               and the effect of those burdens in this                    If the Commission orders some form                 210.4(f)). Submissions should refer to
                                               investigation.                                          of remedy, the U.S. Trade                             the investigation number (‘‘Inv. No.
                                                  2. If the Commission finds that the                  Representative, as delegated by the                   337–TA–1050’’) in a prominent place on
                                               sequence of steps performed by GC can                   President, has 60 days to approve or                  the cover page and/or the first page. (See
                                               practice the ‘‘annealing’’ limitation of                disapprove the Commission’s action.                   Handbook for Electronic Filing
                                               the ’894 annealing claims if annealing                  See Presidential Memorandum of July                   Procedures, https://www.usitc.gov/
                                               were to occur:                                          21, 2005, 70 FR 43251 (July 26, 2005).                secretary/fed_reg_notices/rules/
                                                  a. Whether Ivoclar demonstrated, by a                During this period, the subject articles              handbook_on_electronic_filing.pdf).
                                               preponderance of evidence, that GC’s                    would be entitled to enter the United                 Persons with questions regarding filing
                                               methods practice the ‘‘annealing’’                      States under bond, in an amount                       should contact the Secretary (202–205–
                                               limitation of claim 1 of the ’894 patent                determined by the Commission. The                     2000).
                                                                                                       Commission is therefore interested in                    Any person desiring to submit a
                                               (including all time and temperature
                                                                                                       receiving submissions concerning the                  document to the Commission in
                                               limitations).
                                                                                                       amount of the bond that should be                     confidence must request confidential
                                                  b. Whether the WO196 patent                                                                                treatment. All such requests should be
                                                                                                       imposed if a remedy is ordered.
                                               application (RX–563) can be                                Written Submissions: The parties to                directed to the Secretary to the
                                               invalidating prior art, as discussed in                 the investigation are requested to file               Commission and must include a full
                                               Ivoclar’s reply to GC’s petition, at p. 94.             combined written submissions on the                   statement of the reasons why the
                                                  c. Whether, to ascertain if GC’s                     issues under review and remedy, the                   Commission should grant such
                                               products or Ivoclar’s products meet the                 public interest and bonding. Interested               treatment. See 19 CFR 201.6. Documents
                                               other limitations of claim 1, or the                    government agencies, and any other                    for which confidential treatment by the
                                               limitations of any claim dependent                      interested parties are encouraged to file             Commission is properly sought will be
                                               upon claim 1, a remand to the presiding                 written submissions on the issues of                  treated accordingly. All information,
                                               ALJ is warranted.                                       remedy, the public interest, and                      including confidential business
                                                  In connection with the final                         bonding. Such submissions should                      information and documents for which
                                               disposition of this investigation, the                  address the recommended                               confidential treatment is properly
                                               Commission may (1) issue an order that                  determination by the ALJ on remedy                    sought, submitted to the Commission for
                                               could result in the exclusion of the                    and bonding.                                          purposes of this Investigation may be
                                               subject articles from entry into the                       The parties’ submissions on the issues             disclosed to and used: (i) By the
                                               United States, and/or (2) issue one or                  under review and on remedy, the public                Commission, its employees and Offices,
                                               more cease and desist orders that could                 interest, and bonding should not exceed               and contract personnel (a) for
                                               result in the respondent(s) being                       40 pages. Reply submissions on the                    developing or maintaining the records
                                               required to cease and desist from                       issues under review should not exceed                 of this or a related proceeding, or (b) in
                                               engaging in unfair acts in the                          25 pages per side. Parties are                        internal investigations, audits, reviews,
                                               importation and sale of such articles.                  encouraged to incorporate by reference                and evaluations relating to the
                                               Accordingly, the Commission is                          any arguments adequately presented in                 programs, personnel, and operations of
                                               interested in receiving written                         their petitions for review and responses              the Commission including under 5
                                               submissions that address the form of                    thereto, rather than repeating                        U.S.C. Appendix 3; or (ii) by U.S.
                                               remedy, if any, that should be ordered.                 arguments. The page limits above are                  government employees and contract
                                               If a party seeks exclusion of an article                exclusive of exhibits, but parties are not            personnel,1 solely for cybersecurity
                                               from entry into the United States for                   to circumvent the page limits by                      purposes. All nonconfidential written
                                               purposes other than entry for                           incorporating material by reference from              submissions will be available for public
                                               consumption, the party should so                        the exhibits or from the record.                      inspection at the Office of the Secretary
                                               indicate and provide information                           The complainants’ opening                          and on EDIS.
                                               establishing that activities involving                  submission is to include proposed                        The authority for the Commission’s
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                                               other types of entry either are adversely               remedial orders for the Commission’s                  determination is contained in section
                                               affecting it or likely to do so. For                    consideration; the date that the ’894                 337 of the Tariff Act of 1930, as
                                               background, see Certain Devices for                     patent expires; the HTSUS numbers                     amended (19 U.S.C. 1337), and in Part
                                               Connecting Computers via Telephone                      under which the accused products are                  210 of the Commission’s Rules of
                                               Lines, Inv. No. 337–TA–360, USITC                       imported; and the names of known
                                               Pub. No. 2843, Comm’n Op. (December                     importers of the products at issue in this              1 All contract personnel will sign appropriate

                                               1994).                                                  investigation.                                        nondisclosure agreements.



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                                                                        Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices                                                   48867

                                               Practice and Procedure (19 CFR part                     may satisfy the knowledge requirement                 members affiliated with any one
                                               210).                                                   through the successful completion of                  actuarial organization or employed with
                                                 By order of the Commission.                           Joint Board examinations in basic                     any one firm.
                                                 Issued: September 21, 2018.
                                                                                                       actuarial mathematics and methodology                    Membership normally will be limited
                                                                                                       and in actuarial mathematics and                      to actuaries currently enrolled by the
                                               Lisa Barton,
                                                                                                       methodology relating to pension plans                 Joint Board. However, individuals
                                               Secretary to the Commission.                            qualifying under ERISA.                               having academic or other special
                                               [FR Doc. 2018–21007 Filed 9–26–18; 8:45 am]               The Joint Board, the Society of                     qualifications of particular value for the
                                               BILLING CODE 7020–02–P                                  Actuaries, and the American Society of                Advisory Committee’s work will also be
                                                                                                       Pension Professionals & Actuaries                     considered for membership. Federally-
                                                                                                       jointly offer examinations acceptable to              registered lobbyists and individuals
                                               JOINT BOARD FOR THE                                     the Joint Board for enrollment purposes               affiliated with Joint Board enrollment
                                               ENROLLMENT OF ACTUARIES                                 and which are acceptable to the other                 examination preparation courses are not
                                                                                                       two actuarial organizations as part of                eligible to serve on the Advisory
                                               Invitation for Membership on Advisory                   their respective examination programs                 Committee.
                                               Committee
                                                                                                       2. Scope of Advisory Committee Duties                 5. Member Designation
                                               AGENCY:  Joint Board for the Enrollment                    The Advisory Committee plays an                       Advisory Committee members are
                                               of Actuaries.                                           integral role in the examination program              appointed as Special Government
                                               ACTION: Request for applications.                       by assisting the Joint Board in offering              Employees (SGEs). As such, members
                                                                                                       examinations that enable examination                  are subject to certain ethical standards
                                               SUMMARY:   The Joint Board for the                      candidates to demonstrate the
                                               Enrollment of Actuaries (Joint Board),                                                                        applicable to SGEs. Upon appointment,
                                                                                                       knowledge necessary to qualify for                    each member will be required to
                                               established under the Employee                          enrollment. The Advisory Committee’s
                                               Retirement Income Security Act of 1974                                                                        provide written confirmation that he/
                                                                                                       duties, which are strictly advisory,                  she does not have a financial interest in
                                               (ERISA), is responsible for the                         include (1) recommending topics for
                                               enrollment of individuals who wish to                                                                         a Joint Board examination preparation
                                                                                                       inclusion on the Joint Board                          course. In addition, each member will
                                               perform actuarial services under ERISA.                 examinations, (2) reviewing and drafting
                                               To assist in its examination duties                                                                           be required to attend annual ethics
                                                                                                       examination questions, (3)                            training.
                                               mandated by ERISA, the Joint Board                      recommending examinations, (4)
                                               established the Advisory Committee on                   reviewing examination results and                     6. Application Requirements
                                               Actuarial Examinations (Advisory                        recommending passing scores, and (5)                    To receive consideration, an
                                               Committee) in accordance with the                       providing other recommendations and                   individual interested in serving on the
                                               provisions of the Federal Advisory                      advice relative to the examinations, as               Advisory Committee must submit (1) a
                                               Committee Act (FACA). The current                       requested by the Joint Board.                         signed, cover letter expressing interest
                                               Advisory Committee members’ terms
                                                                                                       3. Member Terms and Responsibilities                  in serving on the Advisory Committee
                                               expire on February 28, 2019. This notice
                                                                                                                                                             and describing his/her professional
                                               describes the Advisory Committee and                       Members are appointed for a 2-year                 qualifications, and (2) a resume and/or
                                               invites applications from those                         term. The upcoming term will begin on                 curriculum vitae. Applications may be
                                               interested in serving on the Advisory                   March 1, 2019, and end on February 28,                submitted by regular mail, overnight
                                               Committee for the March 1, 2019–                        2021. Members may seek reappointment                  and express delivery services, and
                                               February 28, 2021 term.                                 for additional consecutive terms.                     email. In all cases, the cover letter must
                                               DATES: Applications for membership on                      Members are expected to attend                     contain an original signature.
                                               the Advisory Committee must be                          approximately 4 meetings each calendar                Applications must be received by
                                               received no later than December 7,                      year and are reimbursed for travel                    December 7, 2018.
                                               2018.                                                   expenses in accordance with applicable
                                                                                                       government regulations. In general,                     Dated: September 19, 2018.
                                               ADDRESSES:   You may mail or deliver                                                                          Thomas V. Curtin, Jr.,
                                                                                                       members are expected to devote 125 to
                                               applications to: Internal Revenue                                                                             Executive Director, Joint Board for the
                                                                                                       175 hours, including meeting time, to
                                               Service; Joint Board for the Enrollment                                                                       Enrollment of Actuaries.
                                                                                                       the work of the Advisory Committee
                                               of Actuaries; SE:RPO, Room 3422/IR,
                                                                                                       over the course of a year.                            [FR Doc. 2018–21001 Filed 9–26–18; 8:45 am]
                                               Attn: Ms. Elizabeth Van Osten; 1111
                                                                                                                                                             BILLING CODE 4830–01–P
                                               Constitution Avenue NW, Washington,                     4. Member Selection
                                               DC 20224. Applications may also be                         The Joint Board seeks to appoint an
                                               sent electronically to: nhqjbea@irs.gov.                Advisory Committee that is fairly
                                                 See SUPPLEMENTARY INFORMATION for                     balanced in terms of points of view                   DEPARTMENT OF JUSTICE
                                               application requirements.                               represented and functions to be
                                               FOR FURTHER INFORMATION CONTACT:                        performed. Every effort is made to                    Drug Enforcement Administration
                                               Elizabeth Van Osten, Designated Federal                 ensure that most points of view extant
                                                                                                                                                             [Docket No. DEA–392]
                                               Officer, at 202–317–3648.                               in the enrolled actuary profession are
                                               SUPPLEMENTARY INFORMATION:                              represented on the Advisory Committee.                Bulk Manufacturer of Controlled
                                                                                                       To that end, the Joint Board seeks to                 Substances Application: Nanosyn, Inc.
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                                               1. Background                                           appoint several members from each of
                                                 To qualify for enrollment to perform                  the main practice areas of the enrolled               ACTION:   Notice of application.
                                               actuarial services under ERISA, an                      actuary profession, including small
                                               applicant must satisfy certain                          employer plans, large employer plans,                 DATES:  Registered bulk manufacturers of
                                               experience and knowledge                                and multiemployer plans. In addition,                 the affected basic classes, and
                                               requirements, which are set forth in the                to ensure diversity of points of view, the            applicants therefore, may file written
                                               Joint Board’s regulations. An applicant                 Joint Board limits the number of                      comments on or objections to the


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Document Created: 2018-09-27 01:04:24
Document Modified: 2018-09-27 01:04:24
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.
ContactSidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2532. 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 TDD terminal on (202) 205- 1810.
FR Citation83 FR 48865 

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