Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan Scheduling of Full Five-Year Reviews, 12843-12844 [2017-04372]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
publishing the notice in the Federal
Register on November 8, 2016 (81 FR
78631). The hearing was held in
Washington, DC, on January 12, 2017,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
705(b) and 735(b) of the Act (19 U.S.C.
1671d(b) and 19 U.S.C. 1673d(b)). It
completed and filed its determinations
in these investigations on March 2,
2017. The views of the Commission are
contained in USITC Publication 4671
(March 2017), entitled Ammonium
Sulfate From China: Investigation Nos.
701–TA–562 and 731–TA–1329 (Final).
By order of the Commission.
Issued: March 2, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–04397 Filed 3–6–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–382 and 731–
TA–800, 801, and 803 (Third Review)]
Stainless Steel Sheet and Strip From
Japan, Korea, and Taiwan Scheduling
of Full Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of full reviews
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether revocation
of the countervailing duty order on
stainless steel sheet and strip from
Korea and the antidumping duty orders
on stainless steel sheet and strip from
Japan, Korea, and Taiwan 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: March 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Michael Szustakowski ((202) 205–3169),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436.
Hearing-impaired 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.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:01 Mar 06, 2017
Jkt 241001
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On October 4, 2016,
the Commission determined that
responses to its notice of institution of
the subject five-year reviews were such
that full reviews should proceed (81 FR
71533, October 17, 2016); accordingly,
full reviews are being scheduled
pursuant to section 751(c)(5) of the
Tariff Act of 1930 (19 U.S.C. 1675(c)(5)).
A record of the Commissioners’ votes,
the Commission’s statement on
adequacy, and any individual
Commissioner’s statements are available
from the Office of the Secretary and at
the Commission’s Web site.
Participation in the reviews 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 these reviews as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11 of the
Commission’s rules, by 45 days after
publication of this notice. A party that
filed a notice of appearance following
publication of the Commission’s notice
of institution of the reviews need not
file an additional notice of appearance.
The Secretary will maintain a public
service list containing the names and
addresses of all persons, or their
representatives, who are parties to the
reviews.
For further information concerning
the conduct of these reviews 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).
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in these reviews available to
authorized applicants under the APO
issued in the reviews, provided that the
application is made by 45 days after
publication of this notice. Authorized
applicants must represent interested
parties, as defined by 19 U.S.C. 1677(9),
who are parties to the reviews. A party
granted access to BPI following
publication of the Commission’s notice
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
12843
of institution of the reviews need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the reviews will be placed in
the nonpublic record on June 29, 2017,
and a public version will be issued
thereafter, pursuant to section 207.64 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the review
beginning at 9:30 a.m. on July 25, 2017,
at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before July 17, 2017.
A nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to present a short
statement at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should participate in a prehearing
conference to be held on July 24, 2017,
at the U.S. International Trade
Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), 207.24, and
207.66 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions.—Each party to
the reviews may submit a prehearing
brief to the Commission. Prehearing
briefs must conform with the provisions
of section 207.65 of the Commission’s
rules; the deadline for filing is July 14,
2017. Parties may also file written
testimony in connection with their
presentation at the hearing, as provided
in section 207.24 of the Commission’s
rules, and posthearing briefs, which
must conform with the provisions of
section 207.67 of the Commission’s
rules. The deadline for filing
posthearing briefs is August 3, 2017. In
addition, any person who has not
entered an appearance as a party to the
review may submit a written statement
of information pertinent to the subject of
the review on or before August 3, 2017.
On August 23, 2017, the Commission
will make available to parties all
information on which they have not had
an opportunity to comment. Parties may
submit final comments on this
information on or before August 25,
2017, but such final comments must not
contain new factual information and
must otherwise comply with section
207.68 of the Commission’s rules. All
E:\FR\FM\07MRN1.SGM
07MRN1
12844
Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
written submissions must conform with
the provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s
Web site at https://www.usitc.gov/
secretary/documents/handbook_on_
filing_procedures.pdf, elaborates upon
the Commission’s rules with respect to
electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
reviews must be served on all other
parties to the reviews (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.
The Commission has determined that
these reviews are 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: These reviews are 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: March 2, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–04372 Filed 3–6–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
sradovich on DSK3GMQ082PROD with NOTICES
[Investigation No. 337–TA–945]
Certain Network Devices, Related
Software and Components Thereof (II);
Commission Decision To Review in
Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
SUMMARY:
VerDate Sep<11>2014
16:01 Mar 06, 2017
Jkt 241001
Commission has determined to review
in part the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘Final ID’’) issued on
December 9, 2016, finding a violation of
section 337 of the Tariff Act of 1930, as
amended, (‘‘section 337’’) in the abovecaptioned investigation.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2301. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on January 27, 2015, based on a
Complaint filed by Cisco Systems, Inc.
of San Jose, California (‘‘Cisco’’). 80 FR
4313–14 (Jan. 27, 2015). The Complaint
alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the sale for importation,
importation, and sale within the United
States after importation of certain
network devices, related software and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 7,023,853; 6,377,577;
7,460,492; 7,061,875; 7,224,668; and
8,051,211. The Complaint further
alleges the existence of a domestic
industry. The Commission’s Notice of
Investigation named Arista Networks,
Inc. of Santa Clara, California (‘‘Arista’’)
as respondent. The Office of Unfair
Import Investigations (‘‘OUII’’) was also
named as a party to the investigation.
The Commission previously terminated
the investigation in part as to certain
claims of the asserted patents. Order No.
38 (Oct. 27, 2015), unreviewed Notice
(Nov. 18, 2015); Order No. 47 (Nov. 9,
2015), unreviewed Notice (Dec. 1, 2015).
On December 9, 2016, the ALJ issued
her Final ID, finding a violation of
section 337 with respect to claims 1, 7,
9, 10, and 15 of the ’577 patent; and
claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 56, and
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
64 of the ’668 patent. The ALJ found no
violation of section 337 with respect to
claim 2 of the ’577 patent; claims 46 and
63 of the ’853 patent; claims 1, 3, and
4 of the ’492 patent; claims 1–4, and 10
of the ’875 patent; and claims 2, 6, 13,
and 17 of the ’211 patent.
In particular, the Final ID finds that
Cisco has shown by a preponderance of
the evidence that the accused products
infringe asserted claims 1, 7, 9, 10, and
15 of the ’577 patent; and asserted
claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 56, and
64 of the ’668 patent. The Final ID finds
that Cisco has failed to show by a
preponderance of the evidence that the
accused products infringe asserted
claim 2 of the ’577 patent; asserted
claims 46 and 63 of the ’853 patent;
asserted claims 1, 3, and 4 of the ’492
patent; asserted claims 1–4, and 10 of
the ’875 patent; and asserted claims 2,
6, 13, and 17 of the ’211 patent.
The Final ID also finds that assignor
estoppel bars Arista from asserting that
the ’577 and ’853 patents are invalid.
The Final ID finds, however, that if
assignor estoppel did not apply, Arista
has shown by clear and convincing
evidence that claims 1, 7, 9, 10, and 15
of the ’577 patent and claim 46 of the
’853 patent are invalid as anticipated by
U.S. Patent No. 5,920,886
(‘‘Feldmeier’’). The Final ID further
finds that Arista has failed to show by
clear and convincing evidence that any
of the remaining asserted claims are
invalid. The Final ID also finds that
Arista has not proven by clear and
convincing evidence that Cisco’s patent
claims are barred by equitable estoppel,
waiver, implied license, laches, unclean
hands, or patent misuse.
The Final ID finds that Cisco has
satisfied the economic prong of the
domestic industry requirement for all of
the patents-in-suit pursuant to 19 U.S.C.
337(A), (B), and (C). The Final ID finds,
however, that Cisco has failed to satisfy
the technical prong of the domestic
industry requirement with respect to the
’875, ’492, and ’211 patents. The Final
ID finds that Cisco has satisfied the
technical prong with respect to the ’577,
’853, and ’668 patents.
The Final ID also contains the ALJ’s
recommended determination on remedy
and bonding. The ALJ recommended
that the appropriate remedy is a limited
exclusion order with a certification
provision and a cease and desist order
against Arista. The ALJ recommended
the imposition of a bond of 5% during
the period of Presidential review.
On December 29, 2016, Cisco, Arista,
and OUII each filed petitions for review
of various aspects of the Final ID. As
described below, some of the issues
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12843-12844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04372]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-382 and 731-TA-800, 801, and 803 (Third
Review)]
Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan
Scheduling of Full Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of full
reviews pursuant to the Tariff Act of 1930 (``the Act'') to determine
whether revocation of the countervailing duty order on stainless steel
sheet and strip from Korea and the antidumping duty orders on stainless
steel sheet and strip from Japan, Korea, and Taiwan 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: March 1, 2017.
FOR FURTHER INFORMATION CONTACT: Michael Szustakowski ((202) 205-3169),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired 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 these
reviews may be viewed on the Commission's electronic docket (EDIS) at
https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On October 4, 2016, the Commission determined that
responses to its notice of institution of the subject five-year reviews
were such that full reviews should proceed (81 FR 71533, October 17,
2016); accordingly, full reviews are being scheduled pursuant to
section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). A
record of the Commissioners' votes, the Commission's statement on
adequacy, and any individual Commissioner's statements are available
from the Office of the Secretary and at the Commission's Web site.
Participation in the reviews 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 these reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11 of the Commission's rules, by 45 days after
publication of this notice. A party that filed a notice of appearance
following publication of the Commission's notice of institution of the
reviews need not file an additional notice of appearance. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
reviews.
For further information concerning the conduct of these reviews 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).
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made by 45 days after publication of this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the reviews. A party granted
access to BPI following publication of the Commission's notice of
institution of the reviews need not reapply for such access. A separate
service list will be maintained by the Secretary for those parties
authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the reviews will be
placed in the nonpublic record on June 29, 2017, and a public version
will be issued thereafter, pursuant to section 207.64 of the
Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
review beginning at 9:30 a.m. on July 25, 2017, at the U.S.
International Trade Commission Building. Requests to appear at the
hearing should be filed in writing with the Secretary to the Commission
on or before July 17, 2017. A nonparty who has testimony that may aid
the Commission's deliberations may request permission to present a
short statement at the hearing. All parties and nonparties desiring to
appear at the hearing and make oral presentations should participate in
a prehearing conference to be held on July 24, 2017, at the U.S.
International Trade Commission Building, if deemed necessary. Oral
testimony and written materials to be submitted at the public hearing
are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of
the Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party to the reviews may submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of section 207.65 of the Commission's rules; the
deadline for filing is July 14, 2017. Parties may also file written
testimony in connection with their presentation at the hearing, as
provided in section 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of section 207.67 of the
Commission's rules. The deadline for filing posthearing briefs is
August 3, 2017. In addition, any person who has not entered an
appearance as a party to the review may submit a written statement of
information pertinent to the subject of the review on or before August
3, 2017. On August 23, 2017, the Commission will make available to
parties all information on which they have not had an opportunity to
comment. Parties may submit final comments on this information on or
before August 25, 2017, but such final comments must not contain new
factual information and must otherwise comply with section 207.68 of
the Commission's rules. All
[[Page 12844]]
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon
the Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the reviews must be served on
all other parties to the reviews (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.
The Commission has determined that these reviews are
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: These reviews are 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: March 2, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04372 Filed 3-6-17; 8:45 am]
BILLING CODE 7020-02-P
