Frozen Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam; Determinations, 24144-24145 [2017-10715]

Download as PDF 24144 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices The Commission instituted this investigation on November 20, 2015, based on a complaint filed by Diebold Incorporated and Diebold Self-Service Systems (collectively, ‘‘Diebold’’). 80 FR 72735– 36 (Nov. 20, 2015). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 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 automated teller machines, ATM modules, components thereof, and products containing the same by reason of infringement of certain claims of six United States Patents: 7,121,461 (‘‘the ’461 patent’’); 7,249,761 (‘‘the ’761 patent’’); 7,314,163 (‘‘the ’163 patent’’); 6,082,616 (‘‘the ’616 patent’’); 7,229,010 (‘‘the ’010 patent’’); and 7,832,631 (‘‘the ’631 patent’’). Id. The notice of investigation named as respondents Nautilus Hyosung Inc. of Seoul, Republic of Korea; Nautilus Hyosung America Inc. of Irving, Texas; and HS Global, Inc. of Brea, California (collectively, ‘‘Nautilus’’). Id. at 72736. The Office of Unfair Import Investigations was not named as a party. Id. The ’461 patent, ’761 patent, and ’163 patent were previously terminated from the investigation. See Order No. 12 (Apr. 28, 2016), not reviewed, Notice (May 11, 2016); Order No. 21 (June 28, 2016), not reviewed, Notice (July 28, 2016). The presiding administrative law judge (‘‘ALJ’’) conducted an evidentiary hearing from August 29, 2016 through September 1, 2016. On November 30, 2016, the ALJ issued the final Initial Determination (‘‘final ID’’ or ‘‘ID’’). The final ID found a violation of section 337 with respect to the ’616 and ’631 patents, and no violation with respect to the ’010 patent. ID at 207–09. The ALJ recommended that a limited exclusion order and cease and desist orders issue against Nautilus. Diebold and Nautilus each filed petitions for review concerning certain findings with respect to the ’616 and ’631 patents. On December 30, 2016, the parties submitted statements on the public interest. Diebold contends that the investigation does not raise any public interest concerns. Nautilus asserts that a Commission exclusion order should include a certification provision and that any Commission remedial orders be tailored to allow repair of existing Nautilus ATMs in the United States. In addition, the Commission received submissions from United States Representative James B. Renacci, United States Senator Sherrod Brown, and certain Nautilus customers. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:04 May 24, 2017 Jkt 241001 On January 30, 2017, the Commission determined to review and modify two claim constructions for the ’616 patent. Notice at 2–3 (Jan. 30, 2017). The Commission’s reasoning in support of its claim construction determinations for the ’616 patent was set forth more fully in the Commission Claim Construction Opinion, which also issued on January 30, 2017. In view of the Commission’s determination to review and modify the construction of these two claim limitations, the Commission also determined to review for the asserted claims of the ’616 patent: (1) Infringement; (2) obviousness in view of Diebold’s 1064i ATM; and (3) the technical prong of the domestic industry requirement. Id. at 3. The Commission solicited further briefing from the parties on these issues, and briefing from the parties and the public on remedy, the public interest, and bonding. Id. at 4. The Commission determined not to review the final ID’s finding of a section 337 violation as to the ’631 patent. Id. at 2. On February 10, 2017, Diebold and Nautilus filed their opening submissions on the issues under review and on remedy, the public interest, and bonding. On February 17, 2017, Diebold and Nautilus filed responses to each other’s opening submission. Nautilus also submitted letters to the Commission concerning the public interest from Nautilus’s customers. Having reviewed the record of investigation, the Commission has determined that there is a violation of section 337 by reason of the infringement of claims 1, 6, 10, 16, 26, and 27 of the ’616 patent and claims 1– 7 and 18–20 of the ’631 patent. The Commission has further determined that the technical prong of the domestic industry requirement has been met as to the ’616 patent. To the extent that Nautilus’s arguments concerning obviousness of the asserted claims of the ’616 patent in view of the Diebold 1064i ATM have not been waived, the Commission finds that Nautilus has failed to meet its burden to show invalidity by clear and convincing evidence. The Commission has further determined that the appropriate remedy is (1) a limited exclusion order prohibiting the entry of infringing automated teller machines, ATM modules, components thereof, and products containing the same, and (2) cease and desist orders directed to the respondents. The Commission has determined that the public interest factors enumerated in section 337(d) and (f), 19 U.S.C. 1337(d), (f), do not preclude the issuance of the limited PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 exclusion order or the cease and desist orders. The Commission has determined that a bond in the amount of 100 percent of the entered value of the subject articles is required during the period of Presidential review. 19 U.S.C. 1337(j)(3). Notwithstanding the foregoing, the exclusion order and cease and desist orders permit Nautilus to import replacement parts for its customers who need such parts to repair automated teller machines that have been imported prior to the date of the orders. Commissioner Kieff has provided additional views dissenting from the Commission’s exception from the remedial orders regarding replacement parts for service or repair. The orders do not permit Nautilus to import infringing ATMs (as opposed to replacement parts) for any purpose, including repair or replacement. The investigation is terminated. The Commission’s reasoning in support of its determinations is set forth more fully in its opinion. The Commission’s orders and opinion were delivered to the President and the United States Trade Representative on the day of their issuance. 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: May 19, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–10709 Filed 5–24–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1063–1064 and 1066–1068 (Second Review)] Frozen Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam; Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty orders on frozen warmwater shrimp from China, India, Thailand, and Vietnam would be likely to lead to continuation or recurrence of 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\25MYN1.SGM 25MYN1 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices material injury to an industry in the United States within a reasonably foreseeable time. The Commission further determines that revocation of the antidumping duty order on frozen warmwater shrimp from Brazil would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)), instituted these reviews on March 1, 2016 (81 FR 10659) and determined on June 6, 2016 that it would conduct full reviews (81 FR 39711, June 17, 2016). Notice of the scheduling of the Commission’s reviews and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on November 8, 2016 (81 FR 78632). The hearing was held in Washington, DC, on March 16, 2017, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews by May 25, 2017. The views of the Commission are contained in USITC Publication 4688 (May 2017), entitled Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam: Investigation Nos. 731–TA– 1063–1064 and 1066–1068 (Second Review). By order of the Commission. Issued: May 22, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–10715 Filed 5–24–17; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 18:04 May 24, 2017 Jkt 241001 DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140–0039] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change of a Currently Approved Collection; Federal Firearms Licensee Firearms Inventory Theft/ Loss Report—ATF F 3310.11 Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until July 24, 2017. FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Larry Penninger Federal Fir, Chief, National Tracing Center, either by mail at 244 Needy Road, Martinsburg, WV 25405, by email at Larry.Penninger@atf.gov. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 9990 24145 appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: 1. Type of Information Collection (check justification or form 83): Extension, without change, of a currently approved collection. 2. The Title of the Form/Collection: Federal Firearms Licensee Firearms Inventory Theft/Loss Report. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number (if applicable): ATF F 3310.11. Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Other (if applicable): Business or other for-profit. Abstract: This form requires that licensees report the theft or loss of firearms to the Attorney General and the appropriate authorities. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 4,000 respondents will utilize the form, and it will take each respondent approximately 24 minutes to complete the form. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 1,600 hours, which is equal to 4,000 (total # of respondents) × .4 (24 Minutes). If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530. Dated: May 22, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2017–10737 Filed 5–24–17; 8:45 am] BILLING CODE 4410–FY–P E:\FR\FM\25MYN1.SGM 25MYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24144-24145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10715]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1063-1064 and 1066-1068 (Second Review)]


Frozen Warmwater Shrimp From Brazil, China, India, Thailand, and 
Vietnam; Determinations

    On the basis of the record \1\ developed in the subject five-year 
reviews, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that revocation of the antidumping duty orders on frozen 
warmwater shrimp from China, India, Thailand, and Vietnam would be 
likely to lead to continuation or recurrence of

[[Page 24145]]

material injury to an industry in the United States within a reasonably 
foreseeable time. The Commission further determines that revocation of 
the antidumping duty order on frozen warmwater shrimp from Brazil would 
not be likely to lead to continuation or recurrence of material injury 
to an industry in the United States within a reasonably foreseeable 
time.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------

Background

    The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 
1675(c)), instituted these reviews on March 1, 2016 (81 FR 10659) and 
determined on June 6, 2016 that it would conduct full reviews (81 FR 
39711, June 17, 2016). Notice of the scheduling of the Commission's 
reviews and of a public hearing to be held in connection therewith was 
given by posting copies of the notice in the Office of the Secretary, 
U.S. International Trade Commission, Washington, DC, and by publishing 
the notice in the Federal Register on November 8, 2016 (81 FR 78632). 
The hearing was held in Washington, DC, on March 16, 2017, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission made these determinations pursuant to section 751(c) 
of the Act (19 U.S.C. 1675(c)). It completed and filed its 
determinations in these reviews by May 25, 2017. The views of the 
Commission are contained in USITC Publication 4688 (May 2017), entitled 
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and 
Vietnam: Investigation Nos. 731-TA-1063-1064 and 1066-1068 (Second 
Review).

    By order of the Commission.

    Issued: May 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-10715 Filed 5-24-17; 8:45 am]
 BILLING CODE 7020-02-P

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