83 FR 5806 - Certain Pool Spa Enclosures; Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 28 (February 9, 2018)
Federal Register Volume 83, Issue 28 (February 9, 2018)
| Page Range | 5806-5807 | |
| FR Document | 2018-02573 |
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)] [Notices] [Pages 5806-5807] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02573] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1069] Certain Pool Spa Enclosures; Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined not to review a January 23, 2018, initial determination (Order No. 9) (the ``ID'') granting a joint motion to terminate this investigation based on a settlement agreement. This investigation is terminated. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3427. 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal at 202-205- 1810. SUPPLEMENTARY INFORMATION: On September 15, 2017, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a complaint and an amended complaint filed by Aqua Shield, Inc. of West Babylon, NY (``Aqua Shield''). 82 FR 43402, 43402-03 (Sept. 15, 2017). The complaint, as amended, alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent No. U.S. Patent No. 6,637,160. The complaint named as respondents Inter Pool Cover Team of the Czech Republic; Alukov HZ Spol. S.R.O. of the Czech Republic; Alukov, Spol. S.R.O. of Slovakia; Pool & Spa Enclosures, LLC, of Monroe Township, NJ; and Poolandspa.com of Las Vegas, NV (collectively, ``Respondents''). Id. The Office of Unfair Import Investigations (``OUII'') is also a party in this investigation. Id. On January 5, 2018, Aqua Shield and Respondents filed a joint motion to terminate this investigation as to all respondents based on a settlement agreement (the ``Agreement''). OUII filed a response supporting the motion. On January 23, 2018, the presiding administrative law judge (Chief Judge Bullock) issued the ID, which grants the motion. The ID finds that the private parties' motion complies with Commission Rule 210.21(b), finding that the parties have provided a confidential and a public version of the Agreement, and also finding that the parties' motion states that ``[t]here are no other agreements, written or oral, express or implied, regarding the subject matter of this Investigation.'' The ID further considers the public interest, as is required under Commission Rule 210.50(b)(2), and determines that the ``termination of this Investigation does not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, production of like or directly competitive articles in the United States, or United States consumers.'' Accordingly, the ID grants the motion. No petitions for review of the ID were filed. The Commission has determined not to review the ID. This investigation is terminated. [[Page 5807]] The authority for the Commission's determination is contained in Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: February 5, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018-02573 Filed 2-8-18; 8:45 am] BILLING CODE 7020-02-P
![5806 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices
has proven a violation of section 337: (1) Finally, the Commission has internet server (https://www.usitc.gov).
Based on infringement of claims 1, 7, determined that excluded composite The public record for this investigation
and 9 of the ’359 patent; claims 15–17, aerogel insulation materials may be may be viewed on the Commission’s
and 19 of the ’123 patent; and claims imported and sold in the United States electronic docket (EDIS) at https://
11–13, 15, 17–19, and 21 of the ’890 during the period of Presidential review edis.usitc.gov. Hearing-impaired
patent by Respondents Alison and (19 U.S.C. 1337(j)) with the posting of a persons are advised that information on
Nano; and (2) based on infringement of bond of one-hundred (100) percent of this matter can be obtained by
claims 12, 15, and 16 of the ’359 patent the entered value for all infringing contacting the Commission’s TDD
by Respondent Nano. products manufactured by, for, or on terminal at 202–205–1810.
Specifically, with respect to the ’359 behalf of Respondents. The SUPPLEMENTARY INFORMATION: On
patent, the Commission affirms with Commission’s Order and Opinion were September 15, 2017, the Commission
modifications the ALJ’s constructions of delivered to the President and to the instituted this investigation under
the ‘‘lofty fibrous batting’’ limitation in United States Trade Representative on section 337 of the Tariff Act of 1930, as
claim 1 and the ‘‘about 1 to 20%’’ the day of their issuance. amended, 19 U.S.C. 1337 (‘‘section
limitation in claim 9. The Commission The authority for the Commission’s 337’’), based on a complaint and an
modifies the ALJ’s constructions of the determination is contained in section amended complaint filed by Aqua
additional limitation in claim 5 and the 337 of the Tariff Act of 1930, as Shield, Inc. of West Babylon, NY
‘‘the total surface area of that cross amended (19 U.S.C. 1337), and in Part (‘‘Aqua Shield’’). 82 FR 43402, 43402–
section’’ limitation in claim 12. 210 of the Commission’s Rules of 03 (Sept. 15, 2017). The complaint, as
Applying these claim constructions, the Practice and Procedure (19 CFR part amended, alleges a violation of section
Commission affirms the ID’s findings 210). 337 by reason of infringement of certain
that Respondents infringe claims 1, 7
By order of the Commission. claims of U.S. Patent No. U.S. Patent
and 9, and that Respondent Nano
Issued: February 5, 2018. No. 6,637,160. The complaint named as
infringes claims 12, 15, and 16, but
Lisa R. Barton, respondents Inter Pool Cover Team of
reverses the ID’s finding that
Secretary to the Commission. the Czech Republic; Alukov HZ Spol.
Respondents infringe claim 5. The
S.R.O. of the Czech Republic; Alukov,
Commission also reverses the ID’s [FR Doc. 2018–02577 Filed 2–8–18; 8:45 am]
Spol. S.R.O. of Slovakia; Pool & Spa
finding that Aspen’s domestic industry BILLING CODE 7020–02–P
Enclosures, LLC, of Monroe Township,
products practice claim 5, but affirms
the ID’s finding that Aspen’s domestic NJ; and Poolandspa.com of Las Vegas,
industry products practice the other INTERNATIONAL TRADE NV (collectively, ‘‘Respondents’’). Id.
asserted claims of the ’359 patent. The COMMISSION The Office of Unfair Import
Commission further affirms with Investigations (‘‘OUII’’) is also a party in
[Investigation No. 337–TA–1069] this investigation. Id.
modifications the ID’s findings that
claims 1, 5, 7, 9, and 12 of the ’359 On January 5, 2018, Aqua Shield and
Certain Pool Spa Enclosures; Notice of Respondents filed a joint motion to
patent are not anticipated by Commission Determination Not To
Ramamurthi and that claims 9 and 16 terminate this investigation as to all
Review an Initial Determination (Order respondents based on a settlement
are not rendered obvious in view of No. 9) Terminating the Investigation;
Ramamurthi and other prior art. The agreement (the ‘‘Agreement’’). OUII filed
Termination of the Investigation a response supporting the motion.
Commission takes no position on the
ID’s findings on secondary AGENCY: U.S. International Trade On January 23, 2018, the presiding
considerations of nonobviousness, Commission. administrative law judge (Chief Judge
With respect to the ’123 patent and ACTION: Notice. Bullock) issued the ID, which grants the
the ’890 patent, the Commission affirms motion. The ID finds that the private
with modifications the ID’s findings that SUMMARY: Notice is hereby given that parties’ motion complies with
claim 15 of the ’123 patent and claims the U.S. International Trade Commission Rule 210.21(b), finding that
11–13, 15, 17, and 21–23 of the ’890 Commission (the ‘‘Commission’’) has the parties have provided a confidential
patent are not obvious in view of determined not to review a January 23, and a public version of the Agreement,
Ramamurthi and either Uchida or Yada. 2018, initial determination (Order No. 9) and also finding that the parties’ motion
As with the ’359 patent, the (the ‘‘ID’’) granting a joint motion to states that ‘‘[t]here are no other
Commission takes no position on the terminate this investigation based on a agreements, written or oral, express or
ID’s findings on secondary settlement agreement. This investigation implied, regarding the subject matter of
considerations of nonobviousness. is terminated. this Investigation.’’ The ID further
The Commission has determined that FOR FURTHER INFORMATION CONTACT: Ron considers the public interest, as is
the appropriate form of relief is a Traud, Office of the General Counsel, required under Commission Rule
limited exclusion order prohibiting the U.S. International Trade Commission, 210.50(b)(2), and determines that the
unlicensed entry of infringing 500 E Street SW, Washington, DC ‘‘termination of this Investigation does
composite aerogel insulation materials 20436, telephone (202) 205–3427. not impose any undue burdens on the
that are manufactured abroad by or on Copies of non-confidential documents public health and welfare, competitive
behalf of, or imported by or on behalf filed in connection with this conditions in the United States
of Respondents or any of their affiliated investigation are or will be available for economy, production of like or directly
companies, parents, subsidiaries, or inspection during official business competitive articles in the United
sradovich on DSK3GMQ082PROD with NOTICES
other related business entities, or their hours (8:45 a.m. to 5:15 p.m.) in the States, or United States consumers.’’
successors or assigns. The Commission Office of the Secretary, U.S. Accordingly, the ID grants the motion.
has carefully considered the International Trade Commission, 500 E No petitions for review of the ID were
submissions of the parties and has Street SW, Washington, DC 20436, filed.
determined that the public interest telephone 202–205–2000. General The Commission has determined not
factors enumerated in section 337(d) do information concerning the Commission to review the ID. This investigation is
not preclude issuance of its order. may also be obtained by accessing its terminated.
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![Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices 5807
The authority for the Commission’s and a submission pursuant to § 210.8(b) Register. There will be further
determination is contained in Section of the Commission’s Rules of Practice opportunities for comment on the
337 of the Tariff Act of 1930, as and Procedure filed on behalf of public interest after the issuance of any
amended (19 U.S.C. 1337), and in part Lumencor, Inc. on February 02, 2018. final initial determination in this
210 of the Commission’s Rules of The complaint alleges violations of investigation.
Practice and Procedure (19 CFR part section 337 of the Tariff Act of 1930 (19
Persons filing written submissions
210). U.S.C. 1337) in the importation into the
United States, the sale for importation, must file the original document
By order of the Commission. electronically on or before the deadlines
and the sale within the United States
Issued: February 5, 2018. stated above and submit 8 true paper
after importation of certain light engines
Lisa R. Barton, and components thereof. The complaint copies to the Office of the Secretary by
Secretary to the Commission. names as respondents: Excelitas noon the next day pursuant to § 210.4(f)
[FR Doc. 2018–02573 Filed 2–8–18; 8:45 am] Technologies Corp. of Waltham, MA; of the Commission’s Rules of Practice
BILLING CODE 7020–02–P and Lumen Dynamics Group, Inc. of and Procedure (19 CFR 210.4(f)).
Canada. The complainant requests that Submissions should refer to the docket
the Commission issue a limited number (‘‘Docket No. 3293) in a
INTERNATIONAL TRADE exclusion order, cease and desist orders prominent place on the cover page and/
COMMISSION and impose a bond upon respondents’ or the first page. (See Handbook for
alleged infringing articles during the 60- Electonic Filing Procedures, Electronic
Notice of Receipt of Complaint; day Presidential review period pursuant
Solicitation of Comments Relating to Filing Procedures 1). Persons with
to 19 U.S.C. 1337(j). questions regarding filing should
the Public Interest Proposed respondents, other contact the Secretary (202–205–2000).
AGENCY: U.S. International Trade interested parties, and members of the
public are invited to file comments, not Any person desiring to submit a
Commission. document to the Commission in
ACTION: Notice.
to exceed five (5) pages in length,
inclusive of attachments, on any public confidence must request confidential
SUMMARY: Notice is hereby given that interest issues raised by the complaint treatment. All such requests should be
the U.S. International Trade or § 210.8(b) filing. Comments should directed to the Secretary to the
Commission has received a complaint address whether issuance of the relief Commission and must include a full
entitled Certain Light Engines and specifically requested by the statement of the reasons why the
Components Thereof, DN 3293; the complainant in this investigation would Commission should grant such
Commission is soliciting comments on affect the public health and welfare in treatment. See 19 CFR 201.6. Documents
any public interest issues raised by the the United States, competitive for which confidential treatment by the
complaint or complainant’s filing conditions in the United States Commission is properly sought will be
pursuant to the Commission’s Rules of economy, the production of like or treated accordingly. All such requests
Practice and Procedure. directly competitive articles in the should be directed to the Secretary to
FOR FURTHER INFORMATION CONTACT: Lisa United States, or United States the Commission and must include a full
R. Barton, Secretary to the Commission, consumers. statement of the reasons why the
U.S. International Trade Commission, In particular, the Commission is Commission should grant such
500 E Street SW, Washington, DC interested in comments that: treatment. See 19 CFR 201.6. Documents
20436, telephone (202) 205–2000. The (i) Explain how the articles
for which confidential treatment by the
public version of the complaint can be potentially subject to the requested
Commission is properly sought will be
accessed on the Commission’s remedial orders are used in the United
States; treated accordingly. All information,
Electronic Document Information including confidential business
(ii) identify any public health, safety,
System (EDIS) at https://edis.usitc.gov, information and documents for which
or welfare concerns in the United States
and will be available for inspection confidential treatment is properly
relating to the requested remedial
during official business hours (8:45 a.m. sought, submitted to the Commission for
orders;
to 5:15 p.m.) in the Office of the (iii) identify like or directly purposes of this Investigation may be
Secretary, U.S. International Trade competitive articles that complainant, disclosed to and used: (i) By the
Commission, 500 E Street SW, its licensees, or third parties make in the Commission, its employees and Offices,
Washington, DC 20436, telephone (202) United States which could replace the and contract personnel (a) for
205–2000. subject articles if they were to be developing or maintaining the records
General information concerning the excluded; of this or a related proceeding, or (b) in
Commission may also be obtained by (iv) indicate whether complainant,
accessing its internet server at United internal investigations, audits, reviews,
complainant’s licensees, and/or third and evaluations relating to the
States International Trade Commission party suppliers have the capacity to
(USITC) at https://www.usitc.gov. The programs, personnel, and operations of
replace the volume of articles the Commission including under 5
public record for this investigation may potentially subject to the requested
be viewed on the Commission’s U.S.C. Appendix 3; or (ii) by U.S.
exclusion order and/or a cease and government employees and contract
Electronic Document Information desist order within a commercially
System (EDIS) at https://edis.usitc.gov. personnel,2 solely for cybersecurity
sradovich on DSK3GMQ082PROD with NOTICES
reasonable time; and purposes. All nonconfidential written
Hearing-impaired persons are advised (v) explain how the requested
that information on this matter can be submissions will be available for public
remedial orders would impact United
obtained by contacting the States consumers.
Commission’s TDD terminal on (202) Written submissions must be filed no
1 Handbook for Electronic Filing Procedures:
205–1810. https://www.usitc.gov/documents/handbook_on_
later than by close of business, eight filing_procedures.pdf.
SUPPLEMENTARY INFORMATION: The calendar days after the date of 2 All contract personnel will sign appropriate
Commission has received a complaint publication of this notice in the Federal nondisclosure agreements.
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Document Created: 2018-02-09 00:12:02
Document Modified: 2018-02-09 00:12:02
| 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 | Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3427. 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 (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal at 202-205- 1810. | |
| FR Citation | 83 FR 5806 |
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