Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Issuance of a Limited Exclusion Order Against Three Respondents Found in Default; Issuance of a Cease and Desist Order; Termination of the Investigation, 27871-27872 [2017-12689]

Download as PDF Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods that you use to estimate (1) major cost factors, including system and technology acquisition, (2) expected useful life of capital equipment, (3) discount rate(s), and (4) the period over which you incur costs. Capital and startup costs include, among other items, computers and software that you purchase to prepare for collecting information; monitoring, sampling, and testing equipment; and record storage facilities. Generally, your estimates should not include equipment or services purchased: (i) Before October 1, 1995; (ii) to comply with requirements not associated with the information collection; (iii) for reasons other than to provide information or keep records for the Federal government; or (iv) as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our ICR submission for OMB approval, including appropriate adjustments to the estimated burden. We will provide a copy of the ICR to you without charge upon request. We also will post the ICR at https://www.onrr.gov/Laws_R_D/ FRNotices/ICR0122.htm. Public Comment Policy: ONRR will post all comments, including names and addresses of respondents at https:// www.regulations.gov. Before including Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal information in your comment(s), you should be aware that your entire comment (including PII) may be made available to the public at any time. While you may ask us, in your comment, to withhold PII from public view, we cannot guarantee that we will be able to do so. ONRR Information Collection Coordinator: Jeffrey Parrillo (202) 208– 7072. asabaliauskas on DSKBBXCHB2PROD with NOTICES Authority The authorities for this action are the Mineral Leasing Act of 1920 (30 U.S.C. 192), Outer Continental Shelf Lands Act (43 U.S.C. 1353), Indian Mineral Development Act of 1982 (Pub. L. 97– 382—Dec. 22, 1982), and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Gregory J. Gould, Director, Office of Natural Resources Revenue. [FR Doc. 2017–12596 Filed 6–16–17; 8:45 am] BILLING CODE 4335–30–P VerDate Sep<11>2014 17:09 Jun 16, 2017 Jkt 241001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1008] Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Issuance of a Limited Exclusion Order Against Three Respondents Found in Default; Issuance of a Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order (‘‘LEO’’) against certain products of Medsource International Co., Ltd.; Medsource Factory, Inc.; and Basic Medical Supply, LLC. The Commission has also issued a cease and desist order (‘‘CDO’’) against respondent Basic Medical Supply, LLC. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–5468. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 24, 2016, based on an amended complaint, as supplemented, filed by Laerdal Medical Corp. of Wappingers Falls, New York, and Laerdal Medical AS of Stavanger, Norway (together, ‘‘Laerdal’’). 81 FR 41349–50. The investigation was instituted to determine whether there is a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the SUMMARY: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 27871 United States, the sale for importation, and the sale within the United States after importation of certain carbon spine board, cervical collar, CPR masks, various medical training manikin devices, trademarks, copyrights of product catalogues and products inserts, and components thereof by reason of one or more of: (1) Infringement of claim 1 of U.S. Patent No. 6,090,058 (‘‘the ’058 patent’’); (2) infringement of U.S. Trademark Registration No. 3,476,656 (‘‘the ’656 mark’’); (3) infringement of U.S. Copyright Registration Nos. VA 1– 879–023 or VA 1–879–026 (‘‘the ’023 and ’026 copyrights’’); and (4) infringement and misappropriation of certain Laerdal trade dresses. Id. at 41349. The Commission’s notice of investigation named as respondents Shanghai Evenk International Trading Co., Ltd., Shanghai Honglian Medical Instrument Development Co., Ltd., and Shanghai Jolly Medical Education Co., Ltd., all of Shanghai, China; Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., Zhangjiagang New Fellow Med Co., Ltd., Jiangsu Yongxin Medical Equipment Co., Ltd., and Jiangsu Yongxin Medical-Use Facilities Making, Co., Ltd, all of Zhangjiagang City, China; Jiangyin Everise Medical Devices Co., Ltd., of Jiangyin City, China; Medsource International Co., Ltd. (‘‘Medsource International’’) and Medsource Factory, Inc. (‘‘Medsource Factory’’), both of PuDong, China; and Basic Medical Supply, LLC (‘‘Basic Medical’’) of Richmond, Texas (collectively, ‘‘Respondents’’). Id. at 41350. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. Id. On November 7, 2016, the presiding administrative law judge (‘‘ALJ’’) ordered all of the respondents to show cause why they should not be held in default for failing to respond to the amended complaint and Notice of Investigation, and set a response deadline of November 14, 2016. Order No. 5. No responses were filed. On November 21, 2016, the ALJ issued an initial determination (Order No. 6) finding all respondents in default pursuant to Commission Rules 210.16 and 210.17. No petitions for review of the ID were filed. On December 20, 2016, the Commission determined not review the ID, and sought submission from the parties and the public on remedy, the public interest, and bonding. The Commission received responsive submissions from Laerdal and OUII on January 5, 2017, and reply submissions from Laerdal and OUII on January 10, 2017. The submissions agreed that the appropriate remedy is the entry of a E:\FR\FM\19JNN1.SGM 19JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 27872 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices limited exclusion order against all respondents and the entry of a cease and desist order against Basic Medical, that the public interest factors do not weigh against granting these remedial orders, and that bonding should be set at 100 percent of the entered value of the infringing products. The Commission finds that the statutory requirements of section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(a)(1) (19 CFR 210.16(a)(1)) are met with respect to all respondents. Pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) (19 CFR 210.16(c)), the Commission presumes the facts alleged in the complaint to be true. The Commission finds that Laerdal’s amended complaint sufficiently alleged a violation of section 337 by Medsource International, Medsource Factory, and Basic Medical with respect to claim 1 of the ’058 patent and the ’656 mark. The Commission, however, finds that even when the factual allegations of Laerdal’s amended complaint are presumed true, Laerdal has not shown a violation of section 337 with respect to the ’023 copyright, the ’026 copyright, the trade dresses, or any of the other respondents. The Commission has determined that the appropriate form of relief in this investigation is: (a) A limited exclusion order against Medsource International, Medsource Factory, and Basic Medical prohibiting the unlicensed entry of cervical collars that infringe claim 1 of the ’058 patent and CPR masks that infringe the ’656 mark; and (b) an order that Basic Medical cease and desist from importing, selling, offering for sale, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors of imported cervical collars that infringe claim 1 of the ’058 patent and CPR masks that infringe the ’656 mark. The Commission has further determined that the public interest factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude the issuance of the limited exclusion order and cease and desist order. Finally, the Commission has determined that the bond for importation during the period of Presidential review shall be in the amount of 100 percent of the entered value of the imported subject articles of the respondents. The investigation is terminated. 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 VerDate Sep<11>2014 17:09 Jun 16, 2017 Jkt 241001 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: June 14, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–12689 Filed 6–16–17; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE National Institute of Justice [OMB Number 1121–NEW] Agency Information Collection Activities: Proposed New Information Collection Activity; Comment Request, Proposed Study Entitled ‘‘Evaluation of the Bureau of Justice Assistance Sexual Assault Kit Initiative’’ National Institute of Justice, U.S. Department of Justice ACTION: 60-day notice. AGENCY: DEPARTMENT OF JUSTICE The Department of Justice (DOJ), Office of Justice Programs, National Institute of Justice, will be submitting 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 August 18, 2017. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Christine Crossland, National Institute of Justice, Office of Research & Evaluation, 810 Seventh Street NW., Washington, DC 20531 (overnight 20001) or via email at christine.crossland@ojp.usdoj.gov. SUPPLEMENTARY INFORMATION: This process is conducted in accordance with 5 CFR 1320.10. 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 National Institute of Justice, 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: [CPCLO Order No. 001–2017] Privacy Act of 1974; Systems of Records; Correction AGENCY: United States Department of Justice. ACTION: Notice; correction. The Department of Justice (Department or DOJ) published a notice in the Federal Register, 82 FR 25812, on June 5, 2017, concerning a System of Records Notice (SORN) for a new DOJ system of records titled, ‘‘DOJ Insider Threat Program Records (ITPR),’’ JUSTICE/DOJ–018. The document contains two incorrect SORN reference numbers. References to JUSTICE/DOJ– 001 should be replaced by JUSTICE/ DOJ–018. SUMMARY: Beth Zelman, Attorney Advisor, 202–305– 9318. FOR FURTHER INFORMATION CONTACT: Correction: In the Federal Register of June 5, 2017, in FR Doc. 2017–11445, on page 25813, in the SORN title and the ‘‘SYSTEM NAME AND NUMBER’’ section, correct the DOJ SORN reference number to read: JUSTICE/DOJ–018 SYSTEM NAME AND NUMBER: DOJ Insider Threat Program Records (ITPR), JUSTICE/DOJ–018. Dated: June 12, 2017. Peter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice. [FR Doc. 2017–12703 Filed 6–16–17; 8:45 am] BILLING CODE 4410–NW–P PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\19JNN1.SGM 19JNN1

Agencies

[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27871-27872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12689]


=======================================================================
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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1008]


Certain Carbon Spine Board, Cervical Collar, CPR Masks and 
Various Medical Training Manikin Devices, and Trademarks, Copyrights of 
Product Catalogues, Product Inserts and Components Thereof; Issuance of 
a Limited Exclusion Order Against Three Respondents Found in Default; 
Issuance of a Cease and Desist Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order (``LEO'') against 
certain products of Medsource International Co., Ltd.; Medsource 
Factory, Inc.; and Basic Medical Supply, LLC. The Commission has also 
issued a cease and desist order (``CDO'') against respondent Basic 
Medical Supply, LLC. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 24, 2016, based on an amended complaint, as supplemented, filed 
by Laerdal Medical Corp. of Wappingers Falls, New York, and Laerdal 
Medical AS of Stavanger, Norway (together, ``Laerdal''). 81 FR 41349-
50. The investigation was instituted to determine whether there is a 
violation of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain carbon spine board, cervical collar, CPR 
masks, various medical training manikin devices, trademarks, copyrights 
of product catalogues and products inserts, and components thereof by 
reason of one or more of: (1) Infringement of claim 1 of U.S. Patent 
No. 6,090,058 (``the '058 patent''); (2) infringement of U.S. Trademark 
Registration No. 3,476,656 (``the '656 mark''); (3) infringement of 
U.S. Copyright Registration Nos. VA 1-879-023 or VA 1-879-026 (``the 
'023 and '026 copyrights''); and (4) infringement and misappropriation 
of certain Laerdal trade dresses. Id. at 41349. The Commission's notice 
of investigation named as respondents Shanghai Evenk International 
Trading Co., Ltd., Shanghai Honglian Medical Instrument Development 
Co., Ltd., and Shanghai Jolly Medical Education Co., Ltd., all of 
Shanghai, China; Zhangjiagang Xiehe Medical Apparatus & Instruments 
Co., Ltd., Zhangjiagang New Fellow Med Co., Ltd., Jiangsu Yongxin 
Medical Equipment Co., Ltd., and Jiangsu Yongxin Medical-Use Facilities 
Making, Co., Ltd, all of Zhangjiagang City, China; Jiangyin Everise 
Medical Devices Co., Ltd., of Jiangyin City, China; Medsource 
International Co., Ltd. (``Medsource International'') and Medsource 
Factory, Inc. (``Medsource Factory''), both of PuDong, China; and Basic 
Medical Supply, LLC (``Basic Medical'') of Richmond, Texas 
(collectively, ``Respondents''). Id. at 41350. The Office of Unfair 
Import Investigations (``OUII'') was also named as a party. Id.
    On November 7, 2016, the presiding administrative law judge 
(``ALJ'') ordered all of the respondents to show cause why they should 
not be held in default for failing to respond to the amended complaint 
and Notice of Investigation, and set a response deadline of November 
14, 2016. Order No. 5. No responses were filed. On November 21, 2016, 
the ALJ issued an initial determination (Order No. 6) finding all 
respondents in default pursuant to Commission Rules 210.16 and 210.17. 
No petitions for review of the ID were filed. On December 20, 2016, the 
Commission determined not review the ID, and sought submission from the 
parties and the public on remedy, the public interest, and bonding.
    The Commission received responsive submissions from Laerdal and 
OUII on January 5, 2017, and reply submissions from Laerdal and OUII on 
January 10, 2017. The submissions agreed that the appropriate remedy is 
the entry of a

[[Page 27872]]

limited exclusion order against all respondents and the entry of a 
cease and desist order against Basic Medical, that the public interest 
factors do not weigh against granting these remedial orders, and that 
bonding should be set at 100 percent of the entered value of the 
infringing products.
    The Commission finds that the statutory requirements of section 
337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(a)(1) (19 
CFR 210.16(a)(1)) are met with respect to all respondents. Pursuant to 
section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) 
(19 CFR 210.16(c)), the Commission presumes the facts alleged in the 
complaint to be true. The Commission finds that Laerdal's amended 
complaint sufficiently alleged a violation of section 337 by Medsource 
International, Medsource Factory, and Basic Medical with respect to 
claim 1 of the '058 patent and the '656 mark. The Commission, however, 
finds that even when the factual allegations of Laerdal's amended 
complaint are presumed true, Laerdal has not shown a violation of 
section 337 with respect to the '023 copyright, the '026 copyright, the 
trade dresses, or any of the other respondents.
    The Commission has determined that the appropriate form of relief 
in this investigation is: (a) A limited exclusion order against 
Medsource International, Medsource Factory, and Basic Medical 
prohibiting the unlicensed entry of cervical collars that infringe 
claim 1 of the '058 patent and CPR masks that infringe the '656 mark; 
and (b) an order that Basic Medical cease and desist from importing, 
selling, offering for sale, marketing, advertising, distributing, 
offering for sale, transferring (except for exportation), or soliciting 
U.S. agents or distributors of imported cervical collars that infringe 
claim 1 of the '058 patent and CPR masks that infringe the '656 mark. 
The Commission has further determined that the public interest factors 
enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude 
the issuance of the limited exclusion order and cease and desist order. 
Finally, the Commission has determined that the bond for importation 
during the period of Presidential review shall be in the amount of 100 
percent of the entered value of the imported subject articles of the 
respondents. The investigation is terminated.
    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: June 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12689 Filed 6-16-17; 8:45 am]
 BILLING CODE 7020-02-P
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