Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Commission Decision To Review in Part an Initial Determination Granting Complainants' Motion for Summary Determination of a Violation of Section 337; Request for Submissions, 70702-70704 [2016-24719]
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70702
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
The
Commission has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of Kemin
Industries Inc. and Kemin Foods, L.C.
on October 6, 2016. The complaint
alleges violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain food supplements
and vitamins, including ocular
antioxidants and components thereof
and products containing the same. The
complaint names as respondents
OmniActive Health Technologies of
India and OmniActive Health
Technologies, Inc. of Morristown, NJ.
The complainant requests that the
Commission issue a limited exclusion
order, cease and desist orders and
impose a bond upon respondents’
alleged infringing articles during the 60day Presidential review period pursuant
to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or § 210.8(b) filing. Comments should
address whether issuance of the relief
specifically requested by the
complainant in this investigation would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
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SUPPLEMENTARY INFORMATION:
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(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions must be filed no
later than by close of business, eight
calendar days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
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 § 210.4(f)
of the Commission’s Rules of Practice
and Procedure (19 CFR 210.4(f)).
Submissions should refer to the docket
number (‘‘Docket No. 3177’’) in a
prominent place on the cover page and/
or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures 1). 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 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
1 Handbook
for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
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personnel 2, solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS 3.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: October 6, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–24711 Filed 10–12–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–977]
Certain Arrowheads With Deploying
Blades and Components Thereof and
Packaging Therefor; Commission
Decision To Review in Part an Initial
Determination Granting Complainants’
Motion for Summary Determination of
a Violation of Section 337; Request for
Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part an initial determination (‘‘ID’’)
(Order No. 10) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainants’ motion for
summary determination of a violation of
section 337. The Commission also
requests written submissions regarding
remedy, bonding, and the public
interest.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
SUMMARY:
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
E:\FR\FM\13OCN1.SGM
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Lhorne on DSK30JT082PROD with NOTICES
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on December 22, 2015, based on a
complaint filed on behalf of FeraDyne
Outdoors LLC and Out RAGE LLC, both
of Cartersville, Georgia. 80 FR 79612–
13. The complaint, as supplemented,
alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain arrowheads with deploying
blades and components thereof and
packaging therefor by reason of
infringement of certain claims of U.S.
Patent Nos. RE44,144; 6,517,454 (‘‘the
’454 patent’’); 8,758,176 (‘‘the ’176
patent’’); 8,986,141 (‘‘the ’141 patent’’);
9,068,806 (‘‘the ’806 patent’’); 7,771,298
(‘‘the ’298 patent’’); D710,962; D711,489;
and of U.S. Trademark Registration No.
4,812,058. The complaint further alleges
the existence of a domestic industry.
The Commission’s notice of
investigation named the following nine
respondents: Linyi Junxing Sports
Equipment Co., Ltd. (‘‘Junxing Sports’’)
of Shandong, China; Ningbo Faith
Sports Co., Ltd. (‘‘Faith Sports’’), Ningbo
Forever Best Import & Export Co., Ltd.
(‘‘Forever Best’’), and Ningbo Linkboy
Outdoor Sports Co., Ltd. (‘‘Linkboy
Outdoor’’), all of Zhejiang, China;
Shenzhen Zowaysoon Trading Company
Ltd. (‘‘Zowaysoon Trading’’) of
Shenzhen, China; Xiamen Xinhongyou
Industrial Trade Co. Ltd. (‘‘Xinhongyou
Industrial’’) and Xiamen Zhongxinyuan
Industry & Trade Ltd. (‘‘Zhongxinyuan
Industry’’), both of Fujian, China; and
Zhengzhou IRQ Trading Limited
Company (‘‘IRQ Trading’’) and
Zhengzhou Paiao Trade Co., Ltd.
(‘‘Paiao Trade’’), both of Henan, China.
The Office of Unfair Import
Investigations (‘‘OUII’’) is also a party to
the investigation.
On April 28, 2016, complainants filed
a motion for summary determination of
a violation of section 337 pursuant to
Commission Rule 210.16(c)(2) to
support its request for entry of a general
exclusion order with respect to all
asserted intellectual property. OUII filed
a response in support of the motion.
On May 10, 2016, the Commission
issued notice of its determination not to
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14:07 Oct 12, 2016
Jkt 241001
review the ALJ’s ID (Order No. 6)
finding the following seven respondents
in default: Junxing Sports, Forever Best,
Linkboy Outdoor, Zowaysoon Trading,
Zhongxinyuan Industry, IRQ Trading,
and Paiao Trade. On June 23, 2016, the
Commission issued notice of its
determination not to review the ALJ’s ID
(Order No. 8) finding Xinhongyou
Industrial in default. On June 28, 2016,
the Commission issued notice of its
determination not to review the ALJ’s ID
(Order No. 9) terminating the
investigation as to (1) Faith Sports based
on withdrawal of the complaint as to
Faith Sports; and (2) claims 2–3, 5, and
8 of the ’545 patent; claims 5 and 10 of
the ’298 patent; claim 3 of the ’176
patent; claim 8 of the ’141 patent; and
claim 3 of the ’806 patent based on
withdrawal of these patent claims
against all named respondents.
The ALJ issued the subject ID on
August 22, 2016, granting complainants’
motion for summary determination. The
ALJ found that all defaulting
respondents met the importation
requirement and that complainants
satisfied the domestic industry
requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a
violation of section 337 has occurred
based on its finding that each of the
defaulting respondents’ accused
products infringe one or more of the
asserted claims of the patents at issue
and infringe the trademark at issue as
established by substantial, reliable, and
probative evidence in accordance with
Commission Rule 210.16(c)(2). The ID
also contained the ALJ’s recommended
determination on remedy and bonding.
The ALJ recommended issuance of a
general exclusion order with respect to
the asserted intellectual property, but
did not recommend issuance of cease
and desist orders directed against the
defaulting respondents. No petitions for
review were filed.
Having examined the record of this
investigation, the Commission has
determined to review in part the subject
ID. Specifically, the Commission has
determined to review: (1) The ID’s
finding that complainants satisfy the
economic prong of the domestic
industry requirement under section
337(a)(3)(C) with respect to all asserted
patents and the asserted trademark; and
(2) the ID’s finding that the Commission
has personal jurisdiction over all
defaulting respondents. The
Commission also corrects typographical
errors on pages 14, 18, and 24 of the
subject ID. The last two sentences of the
first full paragraph on page 14 are
deleted (i.e., beginning with ‘‘In this
investigation . . .’’), and the two
references to claim 32 of the ’144 patent
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70703
on pages 18 and 24 are corrected to
reference claim 38 of the ’144 patent.
The Commission has determined not to
review the remainder of the ID. On
review with respect to issue (1), the
Commission has determined to take no
position on the ID’s finding that
complainants satisfy the economic
prong of the domestic industry
requirement under section 337(a)(3)(C)
with respect to all asserted patents and
the asserted trademark. On review with
respect to issue (2), the Commission has
determined to modify the ID and adds
the following sentence on page 8 of the
ID (before the sentence beginning with
‘‘It is therefore found . . .’’):
Also, there is a sufficient connection
between the defaulting respondents and the
United States to make it fair to require them
to defend the action at the Commission. See
Mot. at 8–11, 66–68 (citing Certain
Agricultural Tractors, Lawn Tractors, Riding
Lawnmowers, and Components Thereof, Inv.
No. 337–TA–486, Comm’n Op., 2003 WL
22147635, at *12 (July 1, 2003)).
As noted above, eight respondents
were found in default. Section 337(g)
and Commission Rule 210.16(c)
authorize the Commission to order relief
against respondents found in default
unless, after considering the public
interest, it finds that such relief should
not issue. Before the ALJ, complainants
sought a general exclusion order under
section 337(g)(2) and cease and desist
orders directed against the defaulting
respondents. Because a general
exclusion order is sought, complainants
are required to establish that a violation
of section 337 has occurred by
substantive, reliable, and probative
evidence pursuant to Commission Rule
210.16(c)(2).
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
E:\FR\FM\13OCN1.SGM
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Lhorne on DSK30JT082PROD with NOTICES
70704
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994). In particular, if
complainants seek a cease and desist
order directed against any defaulting
respondent, please brief the following
issues:
(1) Please identify with citations to
the record any information regarding
commercially significant inventory in
the United States as to each respondent
against whom a cease and desist order
is sought. If complainants also rely on
other significant domestic operations
that could undercut the remedy
provided by an exclusion order, please
identify with citations to the record
such information as to each respondent
against whom a cease and desist order
is sought.
(2) In relation to the infringing
products, please identify any
information in the record, including
allegations in the pleadings, that
addresses the existence of any domestic
inventory, any domestic operations, or
any sales-related activity directed at the
United States for each respondent
against whom a cease and desist order
is sought.
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 and
prescribed by the Secretary of the
Treasury. 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: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
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14:07 Oct 12, 2016
Jkt 241001
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.
Complainants and OUII are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is also
requested to state the dates that the
patents expire, the HTSUS numbers
under which the accused products are
imported, and to supply the names of
known importers of the products at
issue in this investigation. The written
submissions and proposed remedial
orders must be filed no later than close
of business on October 20, 2016. Reply
submissions must be filed no later than
the close of business on October 27,
2016. No further submissions on these
issues 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–977’’) 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/mles/
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.
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.
Any person desiring to submit a
document (or portion thereof) to the
Commission in confidence must request
confidential treatment. All such
requests should be directed to the
Secretary of 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 sought will be treated
accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary.
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: October 6, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–24719 Filed 10–12–16; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Petroleum Environmental
Research Forum Project No. 2014–10,
Direct Monitoring of Flare Combustion
Efficiency
Notice is hereby given that, on
September 1, 2016, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Petroleum Environmental Research
Forum Project No. 2014–10, Direct
Monitoring of Flare Combustion
Efficiency (‘‘PERF Project No. 2014–10’’)
has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
E:\FR\FM\13OCN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70702-70704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24719]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-977]
Certain Arrowheads With Deploying Blades and Components Thereof
and Packaging Therefor; Commission Decision To Review in Part an
Initial Determination Granting Complainants' Motion for Summary
Determination of a Violation of Section 337; Request for Submissions
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part an initial determination
(``ID'') (Order No. 10) of the presiding administrative law judge
(``ALJ'') granting complainants' motion for summary determination of a
violation of section 337. The Commission also requests written
submissions regarding remedy, bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its
[[Page 70703]]
Internet server at https://www.usitc.gov. The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on December 22, 2015, based on a complaint filed on behalf of FeraDyne
Outdoors LLC and Out RAGE LLC, both of Cartersville, Georgia. 80 FR
79612-13. The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
arrowheads with deploying blades and components thereof and packaging
therefor by reason of infringement of certain claims of U.S. Patent
Nos. RE44,144; 6,517,454 (``the '454 patent''); 8,758,176 (``the '176
patent''); 8,986,141 (``the '141 patent''); 9,068,806 (``the '806
patent''); 7,771,298 (``the '298 patent''); D710,962; D711,489; and of
U.S. Trademark Registration No. 4,812,058. The complaint further
alleges the existence of a domestic industry. The Commission's notice
of investigation named the following nine respondents: Linyi Junxing
Sports Equipment Co., Ltd. (``Junxing Sports'') of Shandong, China;
Ningbo Faith Sports Co., Ltd. (``Faith Sports''), Ningbo Forever Best
Import & Export Co., Ltd. (``Forever Best''), and Ningbo Linkboy
Outdoor Sports Co., Ltd. (``Linkboy Outdoor''), all of Zhejiang, China;
Shenzhen Zowaysoon Trading Company Ltd. (``Zowaysoon Trading'') of
Shenzhen, China; Xiamen Xinhongyou Industrial Trade Co. Ltd.
(``Xinhongyou Industrial'') and Xiamen Zhongxinyuan Industry & Trade
Ltd. (``Zhongxinyuan Industry''), both of Fujian, China; and Zhengzhou
IRQ Trading Limited Company (``IRQ Trading'') and Zhengzhou Paiao Trade
Co., Ltd. (``Paiao Trade''), both of Henan, China. The Office of Unfair
Import Investigations (``OUII'') is also a party to the investigation.
On April 28, 2016, complainants filed a motion for summary
determination of a violation of section 337 pursuant to Commission Rule
210.16(c)(2) to support its request for entry of a general exclusion
order with respect to all asserted intellectual property. OUII filed a
response in support of the motion.
On May 10, 2016, the Commission issued notice of its determination
not to review the ALJ's ID (Order No. 6) finding the following seven
respondents in default: Junxing Sports, Forever Best, Linkboy Outdoor,
Zowaysoon Trading, Zhongxinyuan Industry, IRQ Trading, and Paiao Trade.
On June 23, 2016, the Commission issued notice of its determination not
to review the ALJ's ID (Order No. 8) finding Xinhongyou Industrial in
default. On June 28, 2016, the Commission issued notice of its
determination not to review the ALJ's ID (Order No. 9) terminating the
investigation as to (1) Faith Sports based on withdrawal of the
complaint as to Faith Sports; and (2) claims 2-3, 5, and 8 of the '545
patent; claims 5 and 10 of the '298 patent; claim 3 of the '176 patent;
claim 8 of the '141 patent; and claim 3 of the '806 patent based on
withdrawal of these patent claims against all named respondents.
The ALJ issued the subject ID on August 22, 2016, granting
complainants' motion for summary determination. The ALJ found that all
defaulting respondents met the importation requirement and that
complainants satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has
occurred based on its finding that each of the defaulting respondents'
accused products infringe one or more of the asserted claims of the
patents at issue and infringe the trademark at issue as established by
substantial, reliable, and probative evidence in accordance with
Commission Rule 210.16(c)(2). The ID also contained the ALJ's
recommended determination on remedy and bonding. The ALJ recommended
issuance of a general exclusion order with respect to the asserted
intellectual property, but did not recommend issuance of cease and
desist orders directed against the defaulting respondents. No petitions
for review were filed.
Having examined the record of this investigation, the Commission
has determined to review in part the subject ID. Specifically, the
Commission has determined to review: (1) The ID's finding that
complainants satisfy the economic prong of the domestic industry
requirement under section 337(a)(3)(C) with respect to all asserted
patents and the asserted trademark; and (2) the ID's finding that the
Commission has personal jurisdiction over all defaulting respondents.
The Commission also corrects typographical errors on pages 14, 18, and
24 of the subject ID. The last two sentences of the first full
paragraph on page 14 are deleted (i.e., beginning with ``In this
investigation . . .''), and the two references to claim 32 of the '144
patent on pages 18 and 24 are corrected to reference claim 38 of the
'144 patent. The Commission has determined not to review the remainder
of the ID. On review with respect to issue (1), the Commission has
determined to take no position on the ID's finding that complainants
satisfy the economic prong of the domestic industry requirement under
section 337(a)(3)(C) with respect to all asserted patents and the
asserted trademark. On review with respect to issue (2), the Commission
has determined to modify the ID and adds the following sentence on page
8 of the ID (before the sentence beginning with ``It is therefore found
. . .''):
Also, there is a sufficient connection between the defaulting
respondents and the United States to make it fair to require them to
defend the action at the Commission. See Mot. at 8-11, 66-68 (citing
Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, and
Components Thereof, Inv. No. 337-TA-486, Comm'n Op., 2003 WL
22147635, at *12 (July 1, 2003)).
As noted above, eight respondents were found in default. Section
337(g) and Commission Rule 210.16(c) authorize the Commission to order
relief against respondents found in default unless, after considering
the public interest, it finds that such relief should not issue. Before
the ALJ, complainants sought a general exclusion order under section
337(g)(2) and cease and desist orders directed against the defaulting
respondents. Because a general exclusion order is sought, complainants
are required to establish that a violation of section 337 has occurred
by substantive, reliable, and probative evidence pursuant to Commission
Rule 210.16(c)(2).
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
[[Page 70704]]
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10
(December 1994). In particular, if complainants seek a cease and desist
order directed against any defaulting respondent, please brief the
following issues:
(1) Please identify with citations to the record any information
regarding commercially significant inventory in the United States as to
each respondent against whom a cease and desist order is sought. If
complainants also rely on other significant domestic operations that
could undercut the remedy provided by an exclusion order, please
identify with citations to the record such information as to each
respondent against whom a cease and desist order is sought.
(2) In relation to the infringing products, please identify any
information in the record, including allegations in the pleadings, that
addresses the existence of any domestic inventory, any domestic
operations, or any sales-related activity directed at the United States
for each respondent against whom a cease and desist order is sought.
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 and prescribed by the
Secretary of the Treasury. 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: Parties to the investigation, 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.
Complainants and OUII are also requested to submit proposed
remedial orders for the Commission's consideration. Complainant is also
requested to state the dates that the patents expire, the HTSUS numbers
under which the accused products are imported, and to supply the names
of known importers of the products at issue in this investigation. The
written submissions and proposed remedial orders must be filed no later
than close of business on October 20, 2016. Reply submissions must be
filed no later than the close of business on October 27, 2016. No
further submissions on these issues 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-977'') 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/mles/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, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All nonconfidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
Any person desiring to submit a document (or portion thereof) to
the Commission in confidence must request confidential treatment. All
such requests should be directed to the Secretary of 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 sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. All non-
confidential written submissions will be available for public
inspection at the Office of the Secretary.
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: October 6, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-24719 Filed 10-12-16; 8:45 am]
BILLING CODE 7020-02-P
