83 FR 50121 - Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 193 (October 4, 2018)
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50121-50122 | |
| FR Document | 2018-21634 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Notices] [Pages 50121-50122] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21634] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1134] Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 31, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, California; and ResMed Ltd. of Australia. A supplement was filed on September 4, 2018. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain sleep-disordered breathing treatment mask systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,119,931 (``the '931 patent''); U.S. Patent No. 9,027,556 (``the '556 patent''); U.S. Patent No. 9,962,511 (``the '511 patent''); U.S. Patent No. 9,962,510 (``the '510 patent''); U.S. Patent No. 9,937,315 (``the '315 patent''). The complaint further alleges that an industry in the United States exists, or is in the process of being established, as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of the Secretary, Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 28, 2018, Ordered That-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1, 5, 8, 26, and 31 of the '931 patent; claims 1, 10, 19, 36, 46, and 52 of the '556 patent; claims 1, 2, 14, 22, and 24 of the '511 patent; claims 5, 10, 28, and 30 of the '510 patent; and claims 1, 2, 30, and 33 of the '315 patent; and whether an industry in the United States exists, or is in the process of being established, as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ``full-face and nasal mask systems for treatment of obstructive sleep apnea that are currently manufactured in Mexico and/or New Zealand and currently sold under the trade names `Simplus,' `Eson,' and `Eson 2' that include the unitary combination of a cushion module, a shroud module, and an elbow among other things''; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Ltd., 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, Australia. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Fisher & Paykel Healthcare Limited, 15 Maurice Paykel Place, East Tamaki, Auckland 2013, PO Box 14348, Panmure, Auckland 1741, New Zealand. Fisher & Paykel Healthcare, Inc., 173 Technology Drive, Suite 100, Irvine, CA 92618. Fisher & Paykel Healthcare Distribution Inc., 173 Technology Drive, Suite, Irvine, CA 92618. (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not be named as a party to this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. [[Page 50122]] Issued: October 1, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-21634 Filed 10-3-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices 50121
Issued: October 1, 2018. need special assistance in gaining access this notice of investigation shall be
Lisa Barton, to the Commission should contact the served:
Secretary to the Commission. Office of the Secretary at (202) 205– (a) The complainants are: ResMed
[FR Doc. 2018–21631 Filed 10–3–18; 8:45 am] 2000. General information concerning Corp., 9001 Spectrum Center Drive, San
BILLING CODE 7020–02–P
the Commission may also be obtained Diego, CA 92123.
by accessing its internet server at
ResMed Inc., 9001 Spectrum Center
https://www.usitc.gov. The public
Drive, San Diego, CA 92123.
INTERNATIONAL TRADE record for this investigation may be
COMMISSION viewed on the Commission’s electronic ResMed Ltd., 1 Elizabeth Macarthur
docket (EDIS) at https://edis.usitc.gov. Drive, Bella Vista NSW 2153, Australia.
[Investigation No. 337–TA–1134]
FOR FURTHER INFORMATION CONTACT: (b) The respondents are the following
Certain Sleep-Disordered Breathing Katherine Hiner, The Office of the entities alleged to be in violation of
Treatment Mask Systems and Secretary, Docket Services, U.S. section 337, and are the parties upon
Components Thereof; Institution of International Trade Commission, which the complaint is to be served:
Investigation telephone (202) 205–1802. Fisher & Paykel Healthcare Limited,
SUPPLEMENTARY INFORMATION: 15 Maurice Paykel Place, East Tamaki,
AGENCY: U.S. International Trade Auckland 2013, PO Box 14348,
Commission. Authority: The authority for
institution of this investigation is Panmure, Auckland 1741, New Zealand.
ACTION: Notice. Fisher & Paykel Healthcare, Inc., 173
contained in section 337 of the Tariff
SUMMARY: Notice is hereby given that a Act of 1930, as amended, 19 U.S.C. Technology Drive, Suite 100, Irvine, CA
complaint was filed with the U.S. 1337, and in section 210.10 of the 92618.
International Trade Commission on Commission’s Rules of Practice and Fisher & Paykel Healthcare
August 31, 2018, under section 337 of Procedure, 19 CFR 210.10 (2018). Distribution Inc., 173 Technology Drive,
the Tariff Act of 1930, as amended, on Scope of Investigation: Having Suite, Irvine, CA 92618.
behalf of ResMed Corp. of San Diego, considered the complaint, the U.S. (4) For the investigation so instituted,
California; ResMed Inc. of San Diego, International Trade Commission, on the Chief Administrative Law Judge,
California; and ResMed Ltd. of September 28, 2018, Ordered That— U.S. International Trade Commission,
Australia. A supplement was filed on (1) Pursuant to subsection (b) of shall designate the presiding
September 4, 2018. The complaint section 337 of the Tariff Act of 1930, as Administrative Law Judge.
alleges violations of section 337 based amended, an investigation be instituted The Office of Unfair Import
upon the importation into the United to determine whether there is a Investigations will not be named as a
States, the sale for importation, and the violation of subsection (a)(1)(B) of party to this investigation.
sale within the United States after section 337 in the importation into the
importation of certain sleep-disordered United States, the sale for importation, Responses to the complaint and the
breathing treatment mask systems and or the sale within the United States after notice of investigation must be
components thereof by reason of importation of certain products submitted by the named respondents in
infringement of certain claims of U.S. identified in paragraph (2) by reason of accordance with section 210.13 of the
Patent No. 9,119,931 (‘‘the ’931 patent’’); infringement of one or more of claims 1, Commission’s Rules of Practice and
U.S. Patent No. 9,027,556 (‘‘the ’556 5, 8, 26, and 31 of the ’931 patent; Procedure, 19 CFR 210.13. Pursuant to
patent’’); U.S. Patent No. 9,962,511 (‘‘the claims 1, 10, 19, 36, 46, and 52 of the 19 CFR 201.16(e) and 210.13(a), such
’511 patent’’); U.S. Patent No. 9,962,510 ’556 patent; claims 1, 2, 14, 22, and 24 responses will be considered by the
(‘‘the ’510 patent’’); U.S. Patent No. of the ’511 patent; claims 5, 10, 28, and Commission if received not later than 20
9,937,315 (‘‘the ’315 patent’’). The 30 of the ’510 patent; and claims 1, 2, days after the date of service by the
complaint further alleges that an 30, and 33 of the ’315 patent; and Commission of the complaint and the
industry in the United States exists, or whether an industry in the United notice of investigation. Extensions of
is in the process of being established, as States exists, or is in the process of time for submitting responses to the
required by the applicable Federal being established, as required by complaint and the notice of
Statute. subsection (a)(2) of section 337; investigation will not be granted unless
The complainants request that the good cause therefor is shown.
(2) Pursuant to section 210.10(b)(1) of
Commission institute an investigation the Commission’s Rules of Practice and Failure of a respondent to file a timely
and, after the investigation, issue a Procedure, 19 CFR 210.10(b)(1), the response to each allegation in the
limited exclusion order and cease and plain language description of the complaint and in this notice may be
desist orders. accused products or category of accused deemed to constitute a waiver of the
ADDRESSES: The complaint, except for products, which defines the scope of the right to appear and contest the
any confidential information contained investigation, is ‘‘full-face and nasal allegations of the complaint and this
therein, is available for inspection mask systems for treatment of notice, and to authorize the
during official business hours (8:45 a.m. obstructive sleep apnea that are administrative law judge and the
to 5:15 p.m.) in the Office of the currently manufactured in Mexico and/ Commission, without further notice to
Secretary, U.S. International Trade or New Zealand and currently sold the respondent, to find the facts to be as
Commission, 500 E Street SW, Room under the trade names ‘Simplus,’ ‘Eson,’ alleged in the complaint and this notice
daltland on DSKBBV9HB2PROD with NOTICES
112, Washington, DC 20436, telephone and ‘Eson 2’ that include the unitary and to enter an initial determination
(202) 205–2000. Hearing impaired combination of a cushion module, a and a final determination containing
individuals are advised that information shroud module, and an elbow among such findings, and may result in the
on this matter can be obtained by other things’’; issuance of an exclusion order or a cease
contacting the Commission’s TDD (3) For the purpose of the and desist order or both directed against
terminal on (202) 205–1810. Persons investigation so instituted, the following the respondent.
with mobility impairments who will are hereby named as parties upon which By order of the Commission.
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![50122 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
Issued: October 1, 2018. of the notice in the Office of the DEPARTMENT OF JUSTICE
Lisa Barton, Secretary, U.S. International Trade
Secretary to the Commission. Commission, Washington, DC, and by Notice of Lodging of Proposed
[FR Doc. 2018–21634 Filed 10–3–18; 8:45 am] publishing the notice in the Federal Consent Decree Under the
BILLING CODE 7020–02–P Register of February 7, 2018 (83 FR Comprehensive Environmental
5459). The hearing was held in Response, Compensation, and Liability
Washington, DC, on April 10, 2018, and Act
INTERNATIONAL TRADE all persons who requested the
COMMISSION opportunity were permitted to appear in On September 28, 2018, the
[Investigation Nos. 701–TA–586 and 731– person or by counsel. The Commission Department of Justice and the State of
TA–1384 (Final)] subsequently issued its final affirmative California’s Department of Toxic
determinations regarding subsidized Substances Control (‘‘DTSC’’) filed a
Stainless Steel Flanges From India imports of stainless steel flanges from complaint and lodged a proposed
Determinations China on May 29, 2018 (83 FR 25714, Consent Decree with the United States
June 4, 2018) and regarding dumped District Court for the Eastern District of
On the basis of the record 1 developed
imports of stainless steel flanges from California (‘‘Court’’) pertaining to
in the subject investigations, the United
States International Trade Commission China on July 25, 2018 (83 FR 36622, environmental soil, solid waste, and soil
(‘‘Commission’’) determines, pursuant July 30, 2018). Following notification of gas contamination at Operable Unit 2
to the Tariff Act of 1930 (‘‘the Act’’), final determinations by Commerce that (‘‘OU2’’) of the Laboratory for Energy-
that an industry in the United States is imports of stainless steel flanges from Related Health Research/Old Campus
materially injured by reason of imports India were being sold at LTFV within Landfill Superfund Site (‘‘Site’’) in
of stainless steel flanges from India that the meaning of section 735(a) of the Act Solano County, California. The
have been found by the U.S. Department (19 U.S.C. 1673d(a)),4 and subsidized by complaint and proposed Consent Decree
of Commerce (‘‘Commerce’’) to be sold the government of India within the were filed contemporaneously in the
in the United States at less than fair meaning of section 705(a) of the Act (19 matter of United States of America and
value (‘‘LTFV’’), and to be subsidized by U.S.C. 1671d(a)),5 notice of the the California Department of Toxic
the government of India.2 supplemental scheduling of the final Substances Control vs. Regents of the
Background phase of the Commission’s antidumping University of California, Civil Action
and countervailing duty investigations No. 2:18–cv–02651 (E.D. Cal.).
The Commission instituted these with respect to India was given by
investigations effective August 16, 2017, The proposed Consent Decree
posting copies of the notice in the Office resolves certain claims under Sections
following receipt of a petition filed with
the Commission and Commerce by the of the Secretary, U.S. International 106 and 107 of the Comprehensive
Coalition of American Flange Producers Trade Commission, Washington, DC, Environmental Response,
on behalf of itself and its individual and by publishing the notice in the Compensation, and Liability Act, 42
members, Core Pipe Products, Inc., Federal Register of September 6, 2018 U.S.C. 9606, 9607, as well as related
Carol Stream, Illinois, and Maass Flange (83 FR 45278). state law claims, in connection with
Corporation, Houston, Texas. Effective The Commission made these soil, solid waste, and soil gas
January 23, 2018, the Commission determinations pursuant to sections contamination at OU2. The Consent
established a general schedule for the 705(b) and 735(b) of the Act (19 U.S.C. Decree requires the settling defendant,
conduct of the final phase of its 1671d(b)) and 19 U.S.C. 1673d(b)). It the Regents of the University of
investigations on stainless steel flanges, completed and filed its determinations California, to perform cleanup of soil,
following notification of preliminary in these investigations on September 28, solid waste, and soil gas contamination
determinations by Commerce 3 that 2018. The views of the Commission are at OU2, and to reimburse the United
imports of stainless steel flanges from contained in USITC Publication 4828 States’ and DTSC’s related oversight
China and India were being subsidized costs on an ongoing basis.
(September 2018), entitled Stainless
within the meaning of section 703(b) of
Steel Flanges from India: Investigation The publication of this notice opens
the Act (19 U.S.C. 1671b(b)). Notice of
the scheduling of the final phase of the Nos. 701–TA–586 and 731–TA–1384 a period for public comment on the
Commission’s investigations and of a (Final). Consent Decree. Comments should be
public hearing to be held in connection By order of the Commission. addressed to the Assistant Attorney
therewith was given by posting copies Issued: October 1, 2018. General, Environment and Natural
Resources Division, and should refer to
Lisa Barton,
1 The record is defined in sec. 207.2(f) of the United States of America and the
Commission’s Rules of Practice and Procedure (19 Secretary to the Commission. California Department of Toxic
CFR 207.2(f)). [FR Doc. 2018–21636 Filed 10–3–18; 8:45 am]
2 The Commission also finds that imports subject
Substances Control vs. Regents of the
to Commerce’s affirmative critical circumstances BILLING CODE 7020–02–P University of California, D.J. Ref. No.
determinations are not likely to undermine 90–11–3–1606/2. All comments must be
seriously the remedial effect of the antidumping submitted no later than thirty (30) days
and countervailing duty orders on stainless steel
flanges from India. after the publication date of this notice.
Comments may be submitted either by
daltland on DSKBBV9HB2PROD with NOTICES
3 Countervailing Duty Investigation of Stainless 4 Stainless Steel Flanges from India: Final
Steel Flanges from the People’s Republic of China: Affirmative Determination of Sales at Less than Fair email or by mail:
Preliminary Affirmative Determination, 83 FR 3124, Value and Final Affirmative Critical Circumstance
January 23, 2018 and Stainless Steel Flanges from
Determination, 83 FR 40745, August 16, 2018. To submit
India: Preliminary Affirmative Countervailing Duty Send them to:
Determination, Preliminary Affirmative and
5 Stainless Steel Flanges from India: Final comments:
Alignment of Final Determination With Final Affirmative Countervailing Duty Determination and
Antidumping Duty Determination, 83 FR 3118, Final Affirmative Determination of Critical By email ....... pubcomment-ees.enrd@
January 23, 2018. Circumstances, 83 FR 40748, August 16, 2018. usdoj.gov.
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Document Created: 2018-10-04 02:02:25
Document Modified: 2018-10-04 02:02:25
| 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 | Katherine Hiner, The Office of the Secretary, Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 83 FR 50121 |
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