Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof; Institution of Investigation, 12466-12467 [2017-04099]
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Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
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Tariff Act of 1930 (19 U.S.C.
1675(c)(3)).2
For further information concerning
the conduct of this review and rules of
general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the review will be
placed in the nonpublic record on May
18, 2017, and made available to persons
on the Administrative Protective Order
service list for this review. A public
version will be issued thereafter,
pursuant to section 207.62(d)(4) of the
Commission’s rules.
Written submissions.—As provided in
section 207.62(d) of the Commission’s
rules, interested parties that are parties
to the review and that have provided
individually adequate responses to the
notice of institution,3 and any party
other than an interested party to the
review may file written comments with
the Secretary on what determination the
Commission should reach in the review.
Comments are due on or before May 23,
2017 and may not contain new factual
information. Any person that is neither
a party to the five-year review nor an
interested party may submit a brief
written statement (which shall not
contain any new factual information)
pertinent to the review by May 23, 2017.
However, should the Department of
Commerce extend the time limit for its
completion of the final results of its
review, the deadline for comments
(which may not contain new factual
information) on Commerce’s final
results is three business days after the
issuance of Commerce’s results. If
comments contain business proprietary
information (BPI), they must conform
with the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s rules with
respect to filing were revised effective
July 25, 2014. See 79 FR 35920 (June 25,
2014), and the revised Commission
Handbook on E-filing, available from the
2 Commissioners Johanson and Broadbent voted
to conduct a full review. Commissioner Pinkert is
recused.
3 The Commission has found the responses
submitted by the Committee for Fairly Traded
Japanese Cement, the International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths,
Forgers and Helpers, the Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union, and the International Union of
Operating Engineers to be individually adequate.
Comments from other interested parties will not be
accepted (see 19 CFR 207.62(d)(2)).
VerDate Sep<11>2014
16:42 Mar 02, 2017
Jkt 241001
Commission’s Web site at https://
edis.usitc.gov.
In accordance with sections 201.16(c)
and 207.3 of the rules, each document
filed by a party to the review must be
served on all other parties to the review
(as identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Determination.—The Commission has
determined this review to be
extraordinarily complicated and
therefore has determined to exercise its
authority to extend the review period by
up to 90 days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: This review is being conducted
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.62 of the Commission’s rules.
By order of the Commission.
Issued: February 28, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–04156 Filed 3–2–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1041]
Certain Digital Television Set-Top
Boxes, Remote Control Devices, and
Components Thereof; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
January 26, 2017, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of OpenTV, Inc. of Mountain
View, California; Nagra USA, Inc. of San
Francisco, California; Nagravision SA of
Switzerland; and Kudelski SA of
Switzerland. A supplement was filed on
February 13, 2017. 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 digital television
set-top boxes, remote control devices,
and components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,345,389 (‘‘the ’389 patent’’);
U.S. Patent No. 7,028,327 (‘‘the ’327
patent’’); and U.S. Patent No. 7,725,720
(‘‘the ’720 patent’’). The complaint
further alleges that an industry in the
United States exists or is in the process
SUMMARY:
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of being established as required by
subsection (a)(2) of section 337.
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: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, and in section
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2016).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
February 27, 2017, 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 digital television
set-top boxes, remote control devices,
and components thereof by reason of
infringement of one or more of claims 1,
2, 9–11, and 13–16 of the ’389 patent;
claims 13 and 36 of the ’327 patent; and
claims 1, 2, 5, and 8 of the ’720 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) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
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Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
this notice of investigation shall be
served:
(a) The complainants are:
OpenTV, Inc., 485 Clyde Avenue,
Mountain View, CA 94043
Nagra USA, Inc., 275 Sacramento Street,
San Francisco, CA 94111
Nagravision SA, 22–24, Route de
`
Geneve, 1033 Cheseaux-sur-Lausanne,
Switzerland
`
Kudelski SA, 22–24, Route de Geneve,
1033 Cheseaux-sur-Lausanne,
Switzerland
(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:
Comcast Corporation, One Comcast
Center, 1701 John F. Kennedy
Boulevard, Philadelphia,
Pennsylvania 19103
Comcast Cable Communications, LLC,
One Comcast Center, 1701 John F.
Kennedy Boulevard, Philadelphia, PA
19103
Comcast Cable Communications
Management, LLC, One Comcast
Center, 1701 John F. Kennedy Blvd.,
Philadelphia, PA 19103
Comcast Business Communications,
LLC, One Comcast Center, 1701 John
F. Kennedy Blvd., Philadelphia, PA
19103
Comcast STB Software I, LLC, 1201 N.
Market Street, Suite 1000,
Wilmington, Delaware 19801
ARRIS International plc, 3871 Lakefield
Drive, Suwanee, GA 30024
ARRIS Group, Inc., 3871 Lakefield
Drive, Suwanee, GA 30024
ARRIS Technology, Inc., 101
Tournament Drive, Horsham, PA
19044
ARRIS Enterprises LLC, 3871 Lakefield
Drive, Suwanee, GA 30024
ARRIS Solutions, Inc., 3871 Lakefield
Drive, Suwanee, GA 30024
ARRIS Global Ltd. (formerly Pace Ltd.),
Victoria Road, Saltaire, West
Yorkshire BD18 3LF, England
Pace Americas, LLC, 3701 FAU
Boulevard, Suite 200, Boca Raton, FL
33431
Pace USA, LLC, 3701 FAU Boulevard,
Suite 200, Boca Raton, FL 33431
Universal Electronics Inc., 201 E.
Sandpointe Avenue, Santa Ana, CA
92707
Gemstar Technology (China) Co. Ltd.,
Gemstar Industrial Park, No. 45,
Zhong’Er Section, Shinguang Road,
Guangzhou, Guangdong, 511495
China
Gemstar Technology (Qinzhou) Co. Ltd.,
Hedong Industrial Park, Qinzhou,
Guangxi Province, 535000 China
Gemstar Technology (Yangzhou) Co.
Ltd., 1 Junsheng Road Industry Park,
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16:42 Mar 02, 2017
Jkt 241001
Fanshui Industrial Zone, Baoying,
Yanzhou, 225800 China
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
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.
Issued: February 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–04099 Filed 3–2–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–669 (Fourth
Review)]
Cased Pencils From China; Notice of
Commission Determination To
Conduct a Full Five-Year Review and
Scheduling of a Full Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of its determination to conduct,
SUMMARY:
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12467
and scheduling of, a full review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether revocation
of the antidumping duty order on cased
pencils from China would be likely to
lead to continuation or recurrence of
material injury within a reasonably
foreseeable time. The Commission has
determined to exercise its authority to
extend the review period by up to 90
days.
DATES: Effective Date: February 27,
2017.
FOR FURTHER INFORMATION CONTACT:
Jordan Harriman (202–205–2610), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On September 6, 2016,
the Commission determined that it
should proceed to a full review in the
subject five-year review pursuant to
section 751(c) of the Tariff Act of 1930
(19 U.S.C. 1675(c)). The Commission
found that the domestic interested party
group response to its notice of
institution (81 FR 35059, June 1, 2016)
was adequate. The Commission found
that the respondent interested party
group response was inadequate. The
Commission also found that other
circumstances warranted conducting a
full review. A record of the
Commissioners’ votes, the
Commission’s statement on adequacy,
and any individual Commissioner’s
statements will be available from the
Office of the Secretary and at the
Commission’s Web site. Accordingly, a
full review is being scheduled pursuant
to section 751(c)(5) of the Tariff Act of
1930 (19 U.S.C. 1675(c)(5)).
Participation in the review and public
service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in this review as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11 of the
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Agencies
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12466-12467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04099]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1041]
Certain Digital Television Set-Top Boxes, Remote Control Devices,
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 January 26, 2017, under section
337 of the Tariff Act of 1930, as amended, on behalf of OpenTV, Inc. of
Mountain View, California; Nagra USA, Inc. of San Francisco,
California; Nagravision SA of Switzerland; and Kudelski SA of
Switzerland. A supplement was filed on February 13, 2017. 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 digital television set-top boxes,
remote control devices, and components thereof by reason of
infringement of certain claims of U.S. Patent No. 6,345,389 (``the '389
patent''); U.S. Patent No. 7,028,327 (``the '327 patent''); and U.S.
Patent No. 7,725,720 (``the '720 patent''). The complaint further
alleges that an industry in the United States exists or is in the
process of being established as required by subsection (a)(2) of
section 337.
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: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2016).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 27, 2017, 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 digital
television set-top boxes, remote control devices, and components
thereof by reason of infringement of one or more of claims 1, 2, 9-11,
and 13-16 of the '389 patent; claims 13 and 36 of the '327 patent; and
claims 1, 2, 5, and 8 of the '720 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) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which
[[Page 12467]]
this notice of investigation shall be served:
(a) The complainants are:
OpenTV, Inc., 485 Clyde Avenue, Mountain View, CA 94043
Nagra USA, Inc., 275 Sacramento Street, San Francisco, CA 94111
Nagravision SA, 22-24, Route de Gen[egrave]ve, 1033 Cheseaux-sur-
Lausanne, Switzerland
Kudelski SA, 22-24, Route de Gen[egrave]ve, 1033 Cheseaux-sur-Lausanne,
Switzerland
(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:
Comcast Corporation, One Comcast Center, 1701 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103
Comcast Cable Communications, LLC, One Comcast Center, 1701 John F.
Kennedy Boulevard, Philadelphia, PA 19103
Comcast Cable Communications Management, LLC, One Comcast Center, 1701
John F. Kennedy Blvd., Philadelphia, PA 19103
Comcast Business Communications, LLC, One Comcast Center, 1701 John F.
Kennedy Blvd., Philadelphia, PA 19103
Comcast STB Software I, LLC, 1201 N. Market Street, Suite 1000,
Wilmington, Delaware 19801
ARRIS International plc, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Group, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Technology, Inc., 101 Tournament Drive, Horsham, PA 19044
ARRIS Enterprises LLC, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Global Ltd. (formerly Pace Ltd.), Victoria Road, Saltaire, West
Yorkshire BD18 3LF, England
Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Pace USA, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Universal Electronics Inc., 201 E. Sandpointe Avenue, Santa Ana, CA
92707
Gemstar Technology (China) Co. Ltd., Gemstar Industrial Park, No. 45,
Zhong'Er Section, Shinguang Road, Guangzhou, Guangdong, 511495 China
Gemstar Technology (Qinzhou) Co. Ltd., Hedong Industrial Park, Qinzhou,
Guangxi Province, 535000 China
Gemstar Technology (Yangzhou) Co. Ltd., 1 Junsheng Road Industry Park,
Fanshui Industrial Zone, Baoying, Yanzhou, 225800 China
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
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.
Issued: February 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04099 Filed 3-2-17; 8:45 am]
BILLING CODE 7020-02-P