In the Matter of Certain Laminated Floor Panels; Notice of Commission Determination to Review Portions of a Final Initial Determination; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date, 57564-57566 [E6-16078]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57564-57566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16078]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-545]


In the Matter of Certain Laminated Floor Panels; Notice of 
Commission Determination to Review Portions of a Final Initial 
Determination; Schedule for Filing Written Submissions on the Issues 
Under Review and on Remedy, the Public Interest, and Bonding; Extension 
of Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review portions of the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on July 3, 2006, in the above-captioned investigation. The 
Commission has also determined to extend the target date for completion 
of the investigation until November 21, 2006.

FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of the 
ALJ's ID and all other nonconfidential 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

[[Page 57565]]

Commission's TDD terminal on 202-205-1810.SUPPLEMENTARY INFORMATION: 
The Commission instituted this investigation on July 29, 2005, based on 
a complaint filed by Unilin Beheer B.V., Flooring Industries Ltd., and 
Unilin Flooring N.C. LLC (collectively ``Unilin''). 70 FR 44694 (August 
3, 2005). The complaint (as amended) alleged violations of section 337 
of the Tariff Act of 1930 (``section 337'') in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain laminated floor panels by reason of 
infringement of one or more of claims 1, 14, 17, 19, 20, 21, 37, 52, 
65, and 66 of U.S. Patent No. 6,006,486 (``the `486 patent''), claims 
1, 2, 10, 13, 18, 19, 22, 23, 24, and 27 of U.S. Patent No. 6,490,836 
(``the '836 patent''), claims 1-6 of U.S. Patent No. 6,874,292 (``the 
`292 patent''), and claims 1, 5, 13, 17, 27, and 28 of U.S. Patent No. 
6,928,779 (``the `779 patent''). The investigation was subsequently 
terminated with respect to the `486 patent. The Commission named as 
respondents 32 companies located in Canada, China, South Korea, 
Malaysia, and the United States. Id. Two respondents have been 
terminated from the investigation as a result of settlement agreements. 
The administrative law judge set October 3, 2006, as the target date 
for completion of the investigation.
    On July 3, 2006, the ALJ issued his final ID, including his 
recommended determination on remedy and bonding. The complainants, the 
Commission investigative attorney (``IA''), and several respondents 
have petitioned for review of various portions of the ID.
    Having considered the ID, the petitions for review, the responses 
thereto, and other relevant portions of the record, the Commission has 
determined to review those portions of the ALJ's final ID concerning: 
(1) Construction of claim 1 of the '836 patent and claim 4 of the `292 
patent, (2) infringement of claims 1 and 2 of the `836 patent and 
claims 3 and 4 of the `292 patent; (3) infringement by the defaulting 
respondents; (4) invalidity of the asserted claims of the `779 patent; 
and (5) the validity of the asserted claims of the `836 and `292 
patents to the extent implicated by the Commission's review described 
in item (1).
    On review, the Commission requests briefing based on the 
evidentiary record. In particular, the Commission is interested in 
briefing on the following issues: In connection with issue (1), whether 
the location of the ``elastically bendable portion'' of the lower lip 
is limited to a particular portion of the lip (as discussed by the IA 
in his Petition for Review at p. 14, n.11); in connection with issue 
(2), the reliability of Dr. Loferski's bent lower lip test and the 
results of other experts' tests for a bent lower lip in the accused 
products; in connection with issue (2), whether the bent lower lip 
should be analyzed as a cantilevered beam; in connection with issue 
(2), whether the evidence was sufficient to prove that the lower lip 
remains in the bent position during lateral shifting of the coupled 
panels; in connection with issue (3), the legal and policy issues the 
Commission should consider with respect to infringement by defaulting 
respondents.
    In connection with the final disposition of this investigation, 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 
respondents 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 either are 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 orders 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. The Commission also requests that 
complainants provide the expiration dates of the asserted patents and 
the HTSUS numbers of the allegedly infringing goods.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submissions 
should be concise and thoroughly referenced to the record in this 
investigation. 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. Such submissions should address the July 3, 2006, recommended 
determination by the ALJ on remedy and bonding. Complainants and the 
Commission investigative attorney are also requested to submit proposed 
remedial orders for the Commission's consideration. The written 
submissions and proposed remedial orders must be filed no later than 
close of business on October 10, 2006. Reply submissions must be filed 
no later than the close of business on October 17, 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 section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. 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 210.42-.46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-.46).

By order of the Commission.

[[Page 57566]]

    Issued: September 25, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-16078 Filed 9-28-06; 8:45 am]
BILLING CODE 7020-02-P