In the Matter of Certain Ink Sticks for Solid Ink Printers; Notice of Request for Written Submissions on Remedy, the Public Interest, and Bonding With Respect to the Respondents Found in Default, 7996-7997 [E6-2165]

Download as PDF 7996 Federal Register / Vol. 71, No. 31 / Wednesday, February 15, 2006 / Notices 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Jay H. Reiziss, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202–205–2579. FOR FURTHER INFORMATION CONTACT: 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 (2005). cprice-sewell on PROD1PC66 with NOTICES Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 7, 2006, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) 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 incremental dental positioning adjustment appliances by reason of infringement of one or more of claims 1–36, 38, 42–49, and 51– 58 of U.S. Patent No. 6,685,469; claim 1 of U.S. Patent No. 6,450,807; claims 1–4 of U.S. Patent No. 6,394,801; claims 21, 22, 24–30, 32–36, 38, and 39 of U.S. Patent No. 6,398,548; claims 1, 2, 4–8, 10, and 12–18 of U.S. Patent No. 6,722,880; claims 1–3, 6–8, and 11 of U.S. Patent No. 6,629,840; claims 1, 2, 9, and 10 of U.S. Patent No. 6,699,037; claims 1–18, 20–23, 25, 26, and 29–38 of U.S. Patent No. 6,318,994; claims 1–22 and 28 of U.S. Patent No. 6,729,876; claims 34–56 and 59–65 of U.S. Patent No. 6,602,070; claims 1– 6, 9, and 10 of U.S. Patent No. 6,471,511; and claims 1–13, 15, 16, and 18 of U.S. Patent No. 6,227,850, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; or (b) Whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States of certain incremental dental positioning adjustment appliances or in the sale of such articles by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is—Align Technology, Inc., 881 Martin Avenue, Santa Clara, California 95050. VerDate Aug<31>2005 13:17 Feb 14, 2006 Jkt 208001 (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: OrthoClear, Inc., 580 California St., Suite 1725, San Francisco, CA 94104 OrthoClear Holdings, Inc., c/o Walkers (BV) Limited, Walkers Chambers, P.O. Box 92, Tortola, British Virgin Islands OrthoClear Pakistan Pvt, Ltd., 8-Aitchison Rd., 1-km Thoker, Niaz Baig, Raiwind Rd., Lahore, Pakistan (c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436, who shall be the Commission investigative attorney, party to this investigation; and (3) For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as 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(d) 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 respondents, to find the facts to be as alleged in the complaint and this notice and to enter a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: February 9, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–2164 Filed 2–14–06; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–549] In the Matter of Certain Ink Sticks for Solid Ink Printers; Notice of Request for Written Submissions on Remedy, the Public Interest, and Bonding With Respect to the Respondents Found in Default U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission is requesting briefing on remedy, the public interest, and bonding with respect to two respondents previously found in default. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., 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 at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 by notice on September 6, 2005, based on a complaint filed by Xerox Corporation (‘‘Xerox’’) of Stamford, Connecticut. The complaint, as amended, 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 ink sticks used in solid ink printers by reason of infringement of claim 16 of United States Patent No. 6,739,713, claims 5–10 and 13–14 of United States Patent No. 6,840,613, and claims 1–2 of United States Patent No. 6,840,612. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation E:\FR\FM\15FEN1.SGM 15FEN1 cprice-sewell on PROD1PC66 with NOTICES Federal Register / Vol. 71, No. 31 / Wednesday, February 15, 2006 / Notices names HANA Corporation (‘‘HANA’’) of Seoul, Republic of Korea, and InkSticks.com of Cheyenne, Wyoming, as respondents. On October 26, 2005, complainant Xerox moved pursuant to 19 U.S.C. 1337(g)(1) and Commission Rule 210.16 for an order (1) directing HANA and Inksticks.com to show cause why each should not be found in default for failing to respond to the complaint and notice of investigation, and (2) upon failure of the respondents to show such cause, for an initial determination (‘‘ID’’) finding the respondents in default. The administrative law judge (‘‘ALJ’’) issued an ID on December 20, 2005, finding HANA and InkSticks.com in default, because neither respondent replied to the complaint or notice of investigation, and neither respondent replied to the show cause order issued by the ALJ on November 5, 2005. The Commission declined to review the ALJ’s determination that respondents HANA and Inksticks.com, the only respondents named in the investigation, defaulted. On January 19, 2006, Xerox filed a declaration requesting immediate relief against the defaulting respondents with proposed remedial orders attached. Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited relief against a respondent found in default, unless after consideration of the public interest factors, it finds that such relief should not issue. 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 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 are either adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission VerDate Aug<31>2005 13:17 Feb 14, 2006 Jkt 208001 will consider include the effect that an exclusion order and/or cease and desist order 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 President has 60 days to approve or disapprove the Commission’s action. 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: The 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. Complainant and the investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. There is no need to duplicate filings previously made. Complainant is requested to state the dates that the patents at issue expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on February 24, 2006. Reply submissions must be filed no later than the close of business on March 3, 2006. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. 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 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 7997 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 sections 210.16 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16 and 210.50). By order of the Commission. Issued: February 10, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–2165 Filed 2–14–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. Nos. 701–TA–309–A–B and 731–TA– 528 (Review) (Remand)] Magnesium From Canada; Notice and Scheduling of Remand Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice that it is inviting the parties to the North American Free Trade Agreement (NAFTA) Chapter 19 panel proceeding in Magnesium from Canada, USA–CDA–00–1904–09, to file comments in the remand proceeding ordered by the NAFTA binational panel. FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the General Counsel, telephone (202) 205– 3094, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). SUPPLEMENTARY INFORMATION: Background On July 16, 2002, a NAFTA Panel remanded the Commission’s affirmative sunset review determination in Magnesium from Canada, Inv. Nos. 701–TA–309–A–B and 731–TA–528 (Review), USITC Pub. 3324 (July 2000). In response, the Commission submitted a remand determination to the Panel in October 2002. On January 17, 2006, the NAFTA Panel affirmed in part and E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 7996-7997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2165]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-549]


In the Matter of Certain Ink Sticks for Solid Ink Printers; 
Notice of Request for Written Submissions on Remedy, the Public 
Interest, and Bonding With Respect to the Respondents Found in Default

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission is requesting briefing on remedy, the public interest, and 
bonding with respect to two respondents previously found in default.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., 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 at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://
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 
by notice on September 6, 2005, based on a complaint filed by Xerox 
Corporation (``Xerox'') of Stamford, Connecticut. The complaint, as 
amended, 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 ink sticks used in solid ink printers by reason 
of infringement of claim 16 of United States Patent No. 6,739,713, 
claims 5-10 and 13-14 of United States Patent No. 6,840,613, and claims 
1-2 of United States Patent No. 6,840,612. The complaint further 
alleges the existence of a domestic industry. The Commission's notice 
of investigation

[[Page 7997]]

names HANA Corporation (``HANA'') of Seoul, Republic of Korea, and 
InkSticks.com of Cheyenne, Wyoming, as respondents.
    On October 26, 2005, complainant Xerox moved pursuant to 19 U.S.C. 
1337(g)(1) and Commission Rule 210.16 for an order (1) directing HANA 
and Inksticks.com to show cause why each should not be found in default 
for failing to respond to the complaint and notice of investigation, 
and (2) upon failure of the respondents to show such cause, for an 
initial determination (``ID'') finding the respondents in default. The 
administrative law judge (``ALJ'') issued an ID on December 20, 2005, 
finding HANA and InkSticks.com in default, because neither respondent 
replied to the complaint or notice of investigation, and neither 
respondent replied to the show cause order issued by the ALJ on 
November 5, 2005. The Commission declined to review the ALJ's 
determination that respondents HANA and Inksticks.com, the only 
respondents named in the investigation, defaulted.
    On January 19, 2006, Xerox filed a declaration requesting immediate 
relief against the defaulting respondents with proposed remedial orders 
attached. Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited 
relief against a respondent found in default, unless after 
consideration of the public interest factors, it finds that such relief 
should not issue. 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 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 are either adversely 
affecting it or likely to do so. For background, see In the Matter of 
Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 
337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    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 order 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 President has 60 
days to approve or disapprove the Commission's action. 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: The 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. Complainant and the investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. There is no need to duplicate filings previously made. 
Complainant is requested to state the dates that the patents at issue 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on February 24, 2006. Reply 
submissions must be filed no later than the close of business on March 
3, 2006. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. 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 210.6. Documents for which confidential treatment 
by the Commission is sought will be treated accordingly. 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 sections 210.16 and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16 and 210.50).

    By order of the Commission.

    Issued: February 10, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-2165 Filed 2-14-06; 8:45 am]
BILLING CODE 7020-02-P