In the Matter of Certain Laminated Floor Panels; Notice of Final Determination; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 1241-1242 [E7-190]

Download as PDF Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Notices mstockstill on PROD1PC61 with NOTICES persons to file written submissions on the issues of remedy, the public interest, and bonding. On December 11, 2006, the ALJ announced that the public version of the ID will not be available before December 21, 2006. On December 20, the Commission determined to extend by fourteen (14) days the then-existing deadlines for filing the opening and reply submissions on the issues of remedy, the public interest, and bonding. The respective deadlines were set as follows: (1) Written submissions and proposed remedial orders on the issues of remedy, the public interest, and bonding were due no later than close of business on January 5, 2007, and (2) respective reply submissions were due no later than the close of business on January 17, 2007. The Commission also determined to extend the target date for completion of this investigation by fourteen (14) days to February 23, 2007. On January 3, 2007, the ALJ’s office indicated that the public version of the ID at issue will not be available before Monday, January 8, 2007. Accordingly, the Commission has determined to extend by ten (10) days after issuance of the public version of the final ID the existing deadline for filing the opening submissions on the issues of remedy, the public interest, and bonding. The Commission has also determined to extend the existing deadline for filing the respective reply submissions, and the existing target date for completion of this investigation. Thus, the respective deadlines are as follows: (1) Written opening submissions and proposed remedial orders on the issues of remedy, the public interest, and bonding must be filed no later than close of business on January 18, 2007, and (2) respective reply submissions must be filed no later than the close of business on January 25, 2007. The Commission has also determined to extend the target date for completion of this investigation by thirteen (13) days to March 8, 2007. 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 section 210.42(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). By order of the Commission. Issued: January 4, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–188 Filed 1–9–07; 8:45 am] BILLING CODE 7020–02–P VerDate Aug<31>2005 14:22 Jan 09, 2007 Jkt 211001 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–545] In the Matter of Certain Laminated Floor Panels; Notice of Final Determination; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 337) based on the infringement of nine asserted claims of three asserted patents and has issued a general exclusion order and cease and desist orders in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3041. Copies of all 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 (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 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, PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 1241 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. On July 3, 2006, the ALJ issued his final initial determination (‘‘ID’’), including his recommended determination on remedy and bonding. The complainants, the Commission investigative attorney (‘‘IA’’), and several respondents petitioned for review of various portions of the final ID. On September 25, 2006, after considering the final ID, the written submissions and other relevant portions of the record, the Commission determined to review those portions of the ALJ’s final ID concerning: (1) Construction of the ‘‘elastically bendable portion’’ limitation 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). The Commission received written submissions on the issues under review and on remedy, the public interest, and bonding. Having examined the record in this investigation, including the submissions on review and responses thereto, the Commission has determined that there is a violation of section 337 with respect to claims 1, 2, 10, 18, and 23 of the ‘836 patent, claims 3 and 4 of the ‘292 patent, and claims 5 and 17 of the ‘779 patent. The Commission has also made determinations on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is a general exclusion order prohibiting the unlicensed entry of laminated floor panels covered by claims 1, 2, 10, 18, and 23 of the ‘836 patent, claims 3 and 4 of the ‘292 patent, and claims 5 and 17 of the ‘779 patent. The Commission has also determined to issue cease and desist orders limited to claim 1 of the ‘836 patent and directed to defaulting domestic respondents Dalton Carpet Liquidators, Inc., Pacific Flooring E:\FR\FM\10JAN1.SGM 10JAN1 1242 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Notices Manufacture, Inc., P.J. Flooring Distributor, R.A.H. Carpet Supplies, Inc., Salvage Building Material, Inc., Stalheim (USA), Inc., Universal Floor Covering, Inc., and Vegas Laminate Hardwood Floors LLC. The Commission has determined that the public interest factors enumerated in 19 U.S.C. 1337(d), (f), and (g) do not preclude issuance of the aforementioned remedial orders, and that the bond during the Presidential period of review shall be set at 100 percent of the entered value for any covered laminated floor panels. The authority for the Commission’s determinations is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.45–210.51 of the Commission’s Rules of Practice and Procedure (19 CFR 210.45–210.51). By order of the Commission. Issued: January 5, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–190 Filed 1–9–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–580] In the Matter of Certain Peripheral Devices and Components Thereof and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation U.S. International Trade Commission. ACTION: Notice. mstockstill on PROD1PC61 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). The Commission has terminated the investigation based on settlement and licensing agreements. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., telephone 202–708– 2310, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Copies of all 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 VerDate Aug<31>2005 14:22 Jan 09, 2007 Jkt 211001 Street SW., Washington, DC 20436, telephone 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on September 6, 2006, based on a complaint filed on August 1, 2006, by Microsoft Corporation of Redmond, Washington. 71 FR 52578. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain peripheral devices and components thereof and products containing same by reason of infringement of U.S. Patent No. 6,460,094 and U.S. Patent No. 6,795,949. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint named a single respondent: Belkin Corporation of Compton, California. The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. On November 30, 2006, the complainant and the only respondent filed a joint motion to terminate the investigation on the basis of settlement and licensing agreements. The Commission Investigative Attorney filed a response in support of the motion on December 11, 2006. The ALJ issued the subject ID on December 19, 2006, granting the joint motion for termination. No party petitioned for review of the ID pursuant to 19 CFR 210.43(a), and the Commission found no basis for ordering a review on its own initiative pursuant to 19 CFR 210.44. The Commission has determined not to review the ID. 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 210.21(a)(2), (b) and 210.42(h)(3) of the Commission’s Rules of Practice and Procedure. By order of the Commission. Issued: January 4, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–122 Filed 1–9–07; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–991 (Final) (Remand)] Silicon Metal From Russia; Notice and Scheduling of Remand Proceeding International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: The United States International Trade Commission (Commission) gives notice of the courtordered remand of its final antidumping duty investigation No. 731–TA–991 (Final) (Remand). FOR FURTHER INFORMATION CONTACT: June B. Brown, Esq., Office of the General Counsel, telephone (202) 205–3042, or Diane Mazur, Office of Investigations, telephone (202) 205–3184, 500 E Street, SW., Washington, DC 20436, U.S. International Trade Commission. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). SUPPLEMENTARY INFORMATION: Reopening the Record In March 2003, the Commission made a final affirmative determination in the referenced investigation. The determination was appealed to the U.S. Court of International Trade (CIT), which affirmed the Commission upon remand, and was then appealed to the U.S. Court of Appeals for the Federal Circuit, which vacated and remanded the Commission’s determination. Bratsk Aluminum Smelter v. United States, 444 F.3d 1369 (Fed. Cir. 2006). On August 17, 2006, the CIT issued an order remanding the case to the Commission to comply with the Federal Circuit’s decision in Bratsk. By order of September 22, 2006, the remand proceeding was stayed upon the Commission’s motion. On December 22, 2006, the CIT issued an order lifting the stay and giving the Commission 90 days to issue its remand determination. In order to assist it in making its determination on remand, the Commission is reopening the record on remand in this investigation to include additional information on the role of non-subject imports of silicon metal in the U.S. market during the original period of investigation. The record in this proceeding will encompass the material from the record of the original E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Notices]
[Pages 1241-1242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-190]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-545]


In the Matter of Certain Laminated Floor Panels; Notice of Final 
Determination; Issuance of General Exclusion Order and Cease and Desist 
Orders; Termination of Investigation

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 found a violation of section 337 of the Tariff Act of 
1930 (19 U.S.C. 337) based on the infringement of nine asserted claims 
of three asserted patents and has issued a general exclusion order and 
cease and desist orders in the above-captioned investigation. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of all 
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 
(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 
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.
    On July 3, 2006, the ALJ issued his final initial determination 
(``ID''), including his recommended determination on remedy and 
bonding. The complainants, the Commission investigative attorney 
(``IA''), and several respondents petitioned for review of various 
portions of the final ID.
    On September 25, 2006, after considering the final ID, the written 
submissions and other relevant portions of the record, the Commission 
determined to review those portions of the ALJ's final ID concerning: 
(1) Construction of the ``elastically bendable portion'' limitation 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). The 
Commission received written submissions on the issues under review and 
on remedy, the public interest, and bonding.
    Having examined the record in this investigation, including the 
submissions on review and responses thereto, the Commission has 
determined that there is a violation of section 337 with respect to 
claims 1, 2, 10, 18, and 23 of the `836 patent, claims 3 and 4 of the 
`292 patent, and claims 5 and 17 of the `779 patent.
    The Commission has also made determinations on the issues of 
remedy, the public interest, and bonding. The Commission has determined 
that the appropriate form of relief is a general exclusion order 
prohibiting the unlicensed entry of laminated floor panels covered by 
claims 1, 2, 10, 18, and 23 of the `836 patent, claims 3 and 4 of the 
`292 patent, and claims 5 and 17 of the `779 patent. The Commission has 
also determined to issue cease and desist orders limited to claim 1 of 
the `836 patent and directed to defaulting domestic respondents Dalton 
Carpet Liquidators, Inc., Pacific Flooring

[[Page 1242]]

Manufacture, Inc., P.J. Flooring Distributor, R.A.H. Carpet Supplies, 
Inc., Salvage Building Material, Inc., Stalheim (USA), Inc., Universal 
Floor Covering, Inc., and Vegas Laminate Hardwood Floors LLC.
    The Commission has determined that the public interest factors 
enumerated in 19 U.S.C. 1337(d), (f), and (g) do not preclude issuance 
of the aforementioned remedial orders, and that the bond during the 
Presidential period of review shall be set at 100 percent of the 
entered value for any covered laminated floor panels.
    The authority for the Commission's determinations is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.45-210.51 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45-210.51).

    By order of the Commission.

    Issued: January 5, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-190 Filed 1-9-07; 8:45 am]
BILLING CODE 7020-02-P