In the Matter of Certain Magnifying Loupe Products and Components Thereof; Notice of Commission Issuance of a Limited Exclusion Order Against the Infringing Products of Respondent Found in Default; Termination of Investigation, 45074-45075 [E8-17662]

Download as PDF 45074 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices consent order, settlement agreement, or undisputed Commission determination of non-infringement. The five remaining respondents are: (1) Collective; (2) Double Diamond; (3) Effervescent; (4) Gen-X Sports; and (5) Holey Soles. On April 11, 2008, the ALJ issued his final ID finding no violation of section 337 by the remaining respondents. The Commission extended the deadline for determining whether to review the final ID until June 18, 2008. On June 18, 2008, the Commission determined to review-in-part the final ID. Particularly, the Commission determined to review: (1) The ALJ’s findings concerning non-infringement of the ‘789 patent by the respondents’ products and lack of satisfaction of the technical prong of the domestic industry requirement by Crocs’ footwear; and (2) the ALJ’s finding of invalidity with respect to the ‘858 patent. Having reviewed the record in this investigation, including the final ID and the parties’ briefing, the Commission has determined to modify and clarify parts of the final ID concerning noninfringement and lack of satisfaction of the technical prong of the domestic industry requirement relating to the ‘789 patent and invalidity of the ‘858 patent. The Commission affirms the final ID with the modifications and clarifications set forth in its separately issued Opinion, and terminates the investigation with a finding of no violation of section 337. 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 210.45 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.45. Issued: July 25, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–17665 Filed 7–31–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION mstockstill on PROD1PC66 with NOTICES [Investigation No. 337–TA–611] In the Matter of Certain Magnifying Loupe Products and Components Thereof; Notice of Commission Issuance of a Limited Exclusion Order Against the Infringing Products of Respondent Found in Default; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against the infringing products of a respondent found in default, and has terminated the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. 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: This investigation was initiated on August 1, 2007, based on a complaint filed by General Scientific Corporation (‘‘GSC’’) of Ann Arbor, Michigan. 72 FR 42111 (Aug. 1, 2007). The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain magnifying loupe products and components thereof by reason of infringement of claim 8 of U.S. Patent No. 5,446,507, claim 1 of U.S. Patent No. 6,513,929, or claims 1– 5 or 10 of U.S. Patent No. 6,704,141. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requested that the Commission issue an exclusion order and cease and desist orders. The complaint named SheerVision, Inc. (‘‘SheerVision’’), of Rolling Hills Estates, California, as well as Nanjing JinJiahe I/E Co. (‘‘Nanjing’’), of Jiangsu, China, as respondents. On January 28, 2008, GSC and respondent SheerVision jointly moved to terminate this investigation with respect to SheerVision based on a settlement agreement and a proposed consent order. On February 8, 2008, the ALJ issued an ID (Order No. 8) granting the motion to terminate. The PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 Commission determined not to review the ID. On March 10, 2008, GSC filed a motion requesting an order directing respondent Nanjing to show cause why it should not be found in default for failure to respond to the complaint and Notice of Investigation. On March 21, 2008, the ALJ issued Order No. 9, which ordered Nanjing to show cause by April 4, 2008 why it should not be found in default. No response to Order No. 9 was filed. On April 25, 2008, the ALJ issued an ID, Order No. 10, finding Nanjing in default. The Commission determined not to review that ID. Because Nanjing was found to be in default, the Commission issued notice of its consideration of a default remedy, and requested briefing from interested parties on remedy, the public interest, and bonding on May 16, 2008. The Commission investigative attorney and GSC submitted briefing responsive to the Commission’s request on May 30 and May 29, 2008, respectively, and each proposed a limited exclusion order directed to Nanjing’s accused products, and recommended allowing entry under bond of 100 percent of entered value during the period of Presidential review. The Commission found that each of the statutory requirements of section 337(g)(1)(A)–(E), 19 U.S.C. 1337(g)(1)(A)–(E), has been met with respect to the defaulting respondents. Accordingly, 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 presumed the facts alleged in the complaint to be true. The Commission has determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of certain magnifying loupe products and components thereof, by reason of infringement of one or more of claim 8 of U.S. Patent No. 5,446,507, claim 1 of U.S. Patent No. 6,513,929, and claims 1– 5 and 10 of U.S. Patent No. 6,704,141 that are manufactured abroad by or on behalf of, or imported by or on behalf of, Nanjing JinJiahe I/E Co. of Jiangsu, China, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or any of their successors or assigns. The Commission further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order. Finally, the Commission determined that the bond under the limited exclusion order during the Presidential review period shall be in the amount of 100 percent of E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices the entered value of the imported articles. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. The Commission has terminated this investigation. 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 sections 210.16(c) and 210.41 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c) and § 210.41). Issued: July 24, 2008. By order of the Commission. Marilyn R. Abbott, Secretary. [FR Doc. E8–17662 Filed 7–31–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–990 (Review)] Non-Malleable Cast Iron Pipe Fittings From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that revocation of the antidumping duty order on non-malleable cast iron pipe fittings from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. mstockstill on PROD1PC66 with NOTICES Background The Commission instituted this review on March 3, 2008 (73 FR 11440) and determined on June 6, 2008 that it would conduct an expedited review (73 FR 34325, June 17, 2008). The Commission transmitted its determination in this review to the Secretary of Commerce on July 24, 2008. The views of the Commission are contained in USITC Publication 4023 (July 2008), entitled Non-Malleable Cast Iron Pipe Fittings from China: Investigation No. 731–TA–990 (Review). Issued: July 24, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–17664 Filed 7–31–08; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in section 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 INTERNATIONAL TRADE COMMISSION [USITC SE–08–021] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: August 7, 2008 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 701–TA–457 and 731– TA–1153 (Preliminary) (Certain TowBehind Lawn Groomers and Parts Thereof from China)—briefing and vote. (The Commission is currently scheduled to transmit its determinations to the Secretary of Commerce on or before August 8, 2008; Commissioners’ opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before August 15, 2008.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: July 29, 2008. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8–17754 Filed 7–31–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Proposed Information Collection Request for Wagner-Peyser Act of 1933, as Amended by the Workforce Investment Act of 1998, Funded Public Labor Exchange and Veterans’ Employment and Training Service Funded Labor Exchange (OMB Control Number 1205–0240): Comment Request for Extension Without Changes Employment and Training Administration. ACTION: Notice. AGENCY: SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 45075 and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments concerning the collection of data about the Wagner-Peyser Act of 1933, as amended by the Workforce Investment Act of 1998, Funded Public Labor Exchange and Veterans’ Employment and Training Service Funded Labor Exchange. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the ADDRESSES section of this notice or by accessing: https://www.doleta.gov/ OMBCN/OMBControlNumber.cfm. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before September 30, 2008. ADDRESSES: Submit written comments to Karen A. Staha, Performance and Technology Office, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S–5206, Washington, DC 20210. Telephone number: 202–693–3420 (this is not a toll-free number). Fax: 202–693–3490. E-mail: ETAPerforms@dol.gov. SUPPLEMENTARY INFORMATION: I. Background States submit quarterly performance data for the Wagner-Peyser funded public labor exchange services through ETA 9002 reports and for Veterans’ Employment and Training Services (VETS)-funded labor exchange services through VETS 200 reports. The Employment and Training (ET) Handbook No. 406 contains the report forms and provides instructions for completing these reports. The ET Handbook No. 406 contains a total of eight reports (ETA 9002, A, B, C, D, E$; VETS 200 A, B, C). The ETA 9002 and VETS 200 reports collect data on individuals who receive core employment and workforce information services through the public labor exchange and VETS-funded labor exchange of the states’ One-Stop delivery systems. The Employment and Training Administration is proposing E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45074-45075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17662]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-611]


In the Matter of Certain Magnifying Loupe Products and Components 
Thereof; Notice of Commission Issuance of a Limited Exclusion Order 
Against the Infringing Products of Respondent Found in Default; 
Termination of 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 against the infringing 
products of a respondent found in default, and has terminated the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. 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: This investigation was initiated on August 
1, 2007, based on a complaint filed by General Scientific Corporation 
(``GSC'') of Ann Arbor, Michigan. 72 FR 42111 (Aug. 1, 2007). The 
complaint alleges violations of section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337), as amended, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain magnifying loupe products and components 
thereof by reason of infringement of claim 8 of U.S. Patent No. 
5,446,507, claim 1 of U.S. Patent No. 6,513,929, or claims 1-5 or 10 of 
U.S. Patent No. 6,704,141. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337. The complainant requested that the Commission issue an 
exclusion order and cease and desist orders. The complaint named 
SheerVision, Inc. (``SheerVision''), of Rolling Hills Estates, 
California, as well as Nanjing JinJiahe I/E Co. (``Nanjing''), of 
Jiangsu, China, as respondents.
    On January 28, 2008, GSC and respondent SheerVision jointly moved 
to terminate this investigation with respect to SheerVision based on a 
settlement agreement and a proposed consent order. On February 8, 2008, 
the ALJ issued an ID (Order No. 8) granting the motion to terminate. 
The Commission determined not to review the ID.
    On March 10, 2008, GSC filed a motion requesting an order directing 
respondent Nanjing to show cause why it should not be found in default 
for failure to respond to the complaint and Notice of Investigation. On 
March 21, 2008, the ALJ issued Order No. 9, which ordered Nanjing to 
show cause by April 4, 2008 why it should not be found in default. No 
response to Order No. 9 was filed. On April 25, 2008, the ALJ issued an 
ID, Order No. 10, finding Nanjing in default. The Commission determined 
not to review that ID. Because Nanjing was found to be in default, the 
Commission issued notice of its consideration of a default remedy, and 
requested briefing from interested parties on remedy, the public 
interest, and bonding on May 16, 2008.
    The Commission investigative attorney and GSC submitted briefing 
responsive to the Commission's request on May 30 and May 29, 2008, 
respectively, and each proposed a limited exclusion order directed to 
Nanjing's accused products, and recommended allowing entry under bond 
of 100 percent of entered value during the period of Presidential 
review.
    The Commission found that each of the statutory requirements of 
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met 
with respect to the defaulting respondents. Accordingly, 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 presumed the facts alleged in the 
complaint to be true.
    The Commission has determined that the appropriate form of relief 
in this investigation is a limited exclusion order prohibiting the 
unlicensed entry of certain magnifying loupe products and components 
thereof, by reason of infringement of one or more of claim 8 of U.S. 
Patent No. 5,446,507, claim 1 of U.S. Patent No. 6,513,929, and claims 
1-5 and 10 of U.S. Patent No. 6,704,141 that are manufactured abroad by 
or on behalf of, or imported by or on behalf of, Nanjing JinJiahe I/E 
Co. of Jiangsu, China, or any of its affiliated companies, parents, 
subsidiaries, or other related business entities, or any of their 
successors or assigns. The Commission further determined that the 
public interest factors enumerated in section 337(g)(1), 19 U.S.C. 
1337(g)(1), do not preclude issuance of the limited exclusion order. 
Finally, the Commission determined that the bond under the limited 
exclusion order during the Presidential review period shall be in the 
amount of 100 percent of

[[Page 45075]]

the entered value of the imported articles. The Commission's order was 
delivered to the President and the United States Trade Representative 
on the day of its issuance.
    The Commission has terminated this investigation. 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 sections 210.16(c) 
and 210.41 of the Commission's Rules of Practice and Procedure (19 CFR 
210.16(c) and Sec.  210.41).

    Issued: July 24, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. E8-17662 Filed 7-31-08; 8:45 am]
BILLING CODE 7020-02-P
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