In the Matter of Certain Ink Cartridges and Components Thereof Consolidated Enforcement Proceeding and Enforcement Proceeding II; Notice of a Commission Determination Not To Review an Enforcement Initial Determination Finding a Violation of Cease and Desist Orders and a Consent Order; Schedule for Filing Written Submissions on Civil Penalties, 30320-30321 [E9-14941]
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30320
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
Water Gap, National Recreation Area,
River Road, Bushkill, PA 18324.
Dated: May 5, 2009.
John J. Donahue,
Superintendent, Delaware Water Gap,
National Recreation Area.
[FR Doc. E9–15021 Filed 6–24–09; 8:45 am]
BILLING CODE 4312–J6–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–565]
In the Matter of Certain Ink Cartridges
and Components Thereof
Consolidated Enforcement Proceeding
and Enforcement Proceeding II; Notice
of a Commission Determination Not To
Review an Enforcement Initial
Determination Finding a Violation of
Cease and Desist Orders and a
Consent Order; Schedule for Filing
Written Submissions on Civil Penalties
sroberts on PROD1PC70 with NOTICES
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an enforcement initial
determination (‘‘EID’’) of the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned proceeding finding a
violation of cease and desist orders and
a consent order. The Commission is
requesting briefing on the amount of
civil penalties for violation of the
orders.
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 (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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the underlying
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
investigation in this matter on March
23, 2006, based on a complaint filed by
Epson Portland, Inc. of Oregon; Epson
America, Inc. of California; and Seiko
Epson Corporation of Japan
(collectively, ‘‘Epson’’). 71 FR 14720
(March 23, 2006). 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 ink cartridges and
components thereof by reason of
infringement of claim 7 of U.S. Patent
No. 5,615,957; claims 18, 81, 93, 149,
164, and 165 of U.S. Patent No.
5,622,439; claims 83 and 84 of U.S.
Patent No. 5,158,377; claims 19 and 20
of U.S. Patent No. 5,221,148; claims 29,
31, 34, and 38 of U.S. Patent No.
5,156,472; claim 1 of U.S. Patent No.
5,488,401; claims 1–3 and 9 of U.S.
Patent No. 6,502,917; claims 1, 31, and
34 of U.S. Patent No. 6,550,902; claims
1, 10, and 14 of U.S. Patent No.
6,955,422; claim 1 of U.S. Patent No.
7,008,053; and claims 21, 45, 53, and 54
of U.S. Patent No. 7,011,397. The
complaint further alleged that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complainants requested that
the Commission issue a general
exclusion order and cease and desist
orders. The Commission named as
respondents 24 companies located in
China, Germany, Hong Kong, Korea, and
the United States. Several respondents
were terminated from the investigation
on the basis of settlement agreements or
consent orders or were found in default.
On October 19, 2007, after review of
the ALJ’s final ID, the Commission made
its final determination in the
investigation, finding a violation of
section 337. The Commission issued a
general exclusion order, a limited
exclusion order, and cease and desist
orders directed to several domestic
respondents. The Commission also
determined that the public interest
factors enumerated in 19 U.S.C. 1337(d),
(f), and (g) did not preclude issuance of
the aforementioned remedial orders,
and that the bond during the
Presidential period of review would be
$13.60 per cartridge for covered ink
cartridges. Certain respondents
appealed the Commission’s final
determination to the United States Court
of Appeals for the Federal Circuit
(‘‘Federal Circuit’’). On January 13,
2009, the Federal Circuit affirmed the
Commission’s final determination
without opinion pursuant to Fed. Cir. R.
36. Ninestar Technology Co. et al. v.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
International Trade Commission,
Appeal No. 2008–1201.
On February 8, 2008, Epson filed two
complaints for enforcement of the
Commission’s orders pursuant to
Commission rule 210.75. Epson
proposed that the Commission name
five respondents as enforcement
respondents. On May 1, 2008, the
Commission determined that the criteria
for institution of enforcement
proceedings were satisfied and
instituted consolidated enforcement
proceedings, naming the five following
proposed respondents as enforcement
respondents: Ninestar Technology Co.,
Ltd.; Ninestar Technology Company,
Ltd.; Town Sky Inc. (collectively, the
‘‘Ninestar Respondents’’), as well as
Mipo America Ltd. (‘‘Mipo America’’)
and Mipo International, Ltd
(collectively, the ‘‘Mipo Respondents’’).
On March 18, 2008, Epson filed a third
enforcement complaint against two
proposed respondents: Ribbon Tree
USA, Inc. (dba Cana-Pacific Ribbons)
and Apex Distributing Inc. (collectively,
the ‘‘Apex Respondents’’). On June 23,
2008, the Commission determined that
the criteria for institution of
enforcement proceedings were satisfied
and instituted another formal
enforcement proceeding and named the
two proposed respondents as the
enforcement respondents. On
September 18, 2008, the ALJ issued
Order No. 37, consolidating the two
proceedings.
On April 17, 2009, the ALJ issued his
Enforcement Initial Determination (EID)
in which he determined that there have
been violations of the Commission’s
cease and desist orders and a consent
order and recommended that the
Commission impose civil penalties for
such violations.
On April 29, 2009, the Ninestar
Respondents filed a petition for review
of the EID. On May 7, 2009, Epson and
the Commission investigative attorney
filed responses to the petition for
review.
Having considered the EID, the
petition for review, the responses
thereto, and other relevant portions of
the record, the Commission has
determined not to review the EID. The
Commission may levy civil penalties for
violation of the cease and desist orders
and consent order.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the amount of civil
penalties to be imposed. Such
submissions should address the April
17, 2009, recommended determination
by the ALJ on civil penalties. The
E:\FR\FM\25JNN1.SGM
25JNN1
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
written submissions must be filed no
later than close of business on July 3,
2009. Reply submissions must be filed
no later than the close of business on
July 13, 2009. 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 sections
210.16 and 210.75 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.16 and 210.75).
By order of the Commission.
Issued: June 19, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–14941 Filed 6–24–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–421–7]
On the basis of information developed
in the subject investigation, the United
States International Trade Commission
(Commission) determines, pursuant to
section 421(b)(1) of the Trade Act of
1974,1 that certain passenger vehicle
and light truck tires 2 from the People’s
sroberts on PROD1PC70 with NOTICES
U.S.C. 2451(b)(1).
purposes of this investigation, certain
passenger vehicle and light truck tires are defined
as new pneumatic tires, of rubber, from China, of
a kind used on motor cars (except racing cars) and
on-the-highway light trucks, vans, and sport utility
vehicles, provided for in subheadings 4011.10.10,
4011.10.50, 4011.20.10, and 4011.20.50 of the
2 For
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
Background
The Commission instituted this
investigation following receipt, on April
20, 2009, of a petition filed by the
United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union. Notice of the
institution of the Commission’s
investigation and of the scheduling of a
public hearing to be held in connection
therewith was given by posting a copy
of the notice on the Commission’s Web
site (https://www.usitc.gov) and by
publishing the notice in the Federal
Register of April 29, 2009 (74 FR
19593). The hearing was held on June 2,
2009 in Washington, DC; all persons
who requested the opportunity were
permitted to appear in person or by
counsel.
By order of the Commission.
Issued: June 19, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–14943 Filed 6–24–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–667 and
Investigation No. 337–TA–673]
In the Matter of Certain Electronic
Devices, Including Handheld Wireless
Communications Devices; Notice of
Commission Determination Not To
Review an Initial Determination
Granting Motion To Amend the Notice
of Investigation
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China; Determination
1 19
Republic of China are being imported
into the United States in such increased
quantities or under such conditions as
to cause or threaten to cause market
disruption to the domestic producers of
like or directly competitive products.3
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 14C) in consolidated
Inv. Nos. 337–TA–667 and 337–TA–
673, Certain Electronic Devices
Harmonized Tariff Schedule of the United States
(‘‘HTS’’). The HTS subheadings are provided for
convenience and customs purposes; the written
description of the product under investigation is
dispositive.
3 Vice Chairman Daniel R. Pearson and
Commissioner Deanna Tanner Okun made a
negative determination.
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
30321
Including Handheld Wireless
Communications Devices, granting a
motion to amend the notice of
investigation.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2301. 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 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 Inv. No. 337–
TA–667 (‘‘the 667 Investigation’’) on
January 23, 2009, based on a complaint
filed by Saxon Innovation, LLC of Tyler,
Texas (‘‘Saxon’’). 74 FR 4231. The
complaint, as amended and
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended, 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 electronic devices, including
handheld wireless communications
devices, by reason of infringement of
certain claims of U.S. Patent Nos.
5,235,635 (‘‘the ‘635 patent’’); 5,530,597
(‘‘the ‘597 patent’’); and 5,608,873 (‘‘the
‘873 patent’’). The complaint further
alleges the existence of a domestic
industry related to each patent. The
Commission’s notice of investigation
named various respondents, including
High Tech Computer Corp. of Taoyuan,
Taiwan and HTC America, Inc. of
Bellevue, Washington (collectively
‘‘HTC’’). On April 28, 2009, the
Commission determined not to review
an ID granting under Commission Rule
210.21(b) a joint motion filed by Saxon
and HTC to terminate the investigation
as to respondent HTC.
The Commission instituted Inv. No.
337–TA–673 (‘‘the 673 Investigation’’)
on March 31, 2009, based on a
complaint filed by Saxon. 74 FR 14578–
9. The complaint, as amended and
supplemented, alleges violations of
E:\FR\FM\25JNN1.SGM
25JNN1
]]>Agencies
[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30320-30321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14941]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-565]
In the Matter of Certain Ink Cartridges and Components Thereof
Consolidated Enforcement Proceeding and Enforcement Proceeding II;
Notice of a Commission Determination Not To Review an Enforcement
Initial Determination Finding a Violation of Cease and Desist Orders
and a Consent Order; Schedule for Filing Written Submissions on Civil
Penalties
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an enforcement initial
determination (``EID'') of the presiding administrative law judge
(``ALJ'') in the above-captioned proceeding finding a violation of
cease and desist orders and a consent order. The Commission is
requesting briefing on the amount of civil penalties for violation of
the orders.
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
(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 the matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation in this matter on March 23, 2006, based on a complaint
filed by Epson Portland, Inc. of Oregon; Epson America, Inc. of
California; and Seiko Epson Corporation of Japan (collectively,
``Epson''). 71 FR 14720 (March 23, 2006). 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 ink cartridges and components thereof by reason of infringement
of claim 7 of U.S. Patent No. 5,615,957; claims 18, 81, 93, 149, 164,
and 165 of U.S. Patent No. 5,622,439; claims 83 and 84 of U.S. Patent
No. 5,158,377; claims 19 and 20 of U.S. Patent No. 5,221,148; claims
29, 31, 34, and 38 of U.S. Patent No. 5,156,472; claim 1 of U.S. Patent
No. 5,488,401; claims 1-3 and 9 of U.S. Patent No. 6,502,917; claims 1,
31, and 34 of U.S. Patent No. 6,550,902; claims 1, 10, and 14 of U.S.
Patent No. 6,955,422; claim 1 of U.S. Patent No. 7,008,053; and claims
21, 45, 53, and 54 of U.S. Patent No. 7,011,397. The complaint further
alleged that an industry in the United States exists as required by
subsection (a)(2) of section 337. The complainants requested that the
Commission issue a general exclusion order and cease and desist orders.
The Commission named as respondents 24 companies located in China,
Germany, Hong Kong, Korea, and the United States. Several respondents
were terminated from the investigation on the basis of settlement
agreements or consent orders or were found in default.
On October 19, 2007, after review of the ALJ's final ID, the
Commission made its final determination in the investigation, finding a
violation of section 337. The Commission issued a general exclusion
order, a limited exclusion order, and cease and desist orders directed
to several domestic respondents. The Commission also determined that
the public interest factors enumerated in 19 U.S.C. 1337(d), (f), and
(g) did not preclude issuance of the aforementioned remedial orders,
and that the bond during the Presidential period of review would be
$13.60 per cartridge for covered ink cartridges. Certain respondents
appealed the Commission's final determination to the United States
Court of Appeals for the Federal Circuit (``Federal Circuit''). On
January 13, 2009, the Federal Circuit affirmed the Commission's final
determination without opinion pursuant to Fed. Cir. R. 36. Ninestar
Technology Co. et al. v. International Trade Commission, Appeal No.
2008-1201.
On February 8, 2008, Epson filed two complaints for enforcement of
the Commission's orders pursuant to Commission rule 210.75. Epson
proposed that the Commission name five respondents as enforcement
respondents. On May 1, 2008, the Commission determined that the
criteria for institution of enforcement proceedings were satisfied and
instituted consolidated enforcement proceedings, naming the five
following proposed respondents as enforcement respondents: Ninestar
Technology Co., Ltd.; Ninestar Technology Company, Ltd.; Town Sky Inc.
(collectively, the ``Ninestar Respondents''), as well as Mipo America
Ltd. (``Mipo America'') and Mipo International, Ltd (collectively, the
``Mipo Respondents''). On March 18, 2008, Epson filed a third
enforcement complaint against two proposed respondents: Ribbon Tree
USA, Inc. (dba Cana-Pacific Ribbons) and Apex Distributing Inc.
(collectively, the ``Apex Respondents''). On June 23, 2008, the
Commission determined that the criteria for institution of enforcement
proceedings were satisfied and instituted another formal enforcement
proceeding and named the two proposed respondents as the enforcement
respondents. On September 18, 2008, the ALJ issued Order No. 37,
consolidating the two proceedings.
On April 17, 2009, the ALJ issued his Enforcement Initial
Determination (EID) in which he determined that there have been
violations of the Commission's cease and desist orders and a consent
order and recommended that the Commission impose civil penalties for
such violations.
On April 29, 2009, the Ninestar Respondents filed a petition for
review of the EID. On May 7, 2009, Epson and the Commission
investigative attorney filed responses to the petition for review.
Having considered the EID, the petition for review, the responses
thereto, and other relevant portions of the record, the Commission has
determined not to review the EID. The Commission may levy civil
penalties for violation of the cease and desist orders and consent
order.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the amount of civil penalties to be
imposed. Such submissions should address the April 17, 2009,
recommended determination by the ALJ on civil penalties. The
[[Page 30321]]
written submissions must be filed no later than close of business on
July 3, 2009. Reply submissions must be filed no later than the close
of business on July 13, 2009. 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
sections 210.16 and 210.75 of the Commission's Rules of Practice and
Procedure (19 CFR 210.16 and 210.75).
By order of the Commission.
Issued: June 19, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14941 Filed 6-24-09; 8:45 am]
BILLING CODE 7020-02-P
