In the Matter of Certain Inkjet Ink Cartridges With Printheads and Components Thereof; Notice of Investigation, 17435-17436 [2010-7688]

Download as PDF Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices 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 respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: March 31, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–7687 Filed 4–5–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–711] 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 (2009). In the Matter of Certain Inkjet Ink Cartridges With Printheads and Components Thereof; Notice of Investigation sroberts on DSKD5P82C1PROD with NOTICES AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 5, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of HewlettPackard Company of Palo Alto, California. A letter supplementing the complaint was filed on March 26, 2010. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain inkjet ink cartridges with printheads and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,234,598; 6,309,053; 6,398,347; 6,412,917; 6,481,817; and 6,402,279. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the VerDate Nov<24>2008 16:37 Apr 05, 2010 Jkt 220001 Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by 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. FOR FURTHER INFORMATION CONTACT: Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2055. Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 31, 2010, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine 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 inkjet cartridges with printheads or components thereof that infringe one or more of claims 1– 10 of U.S. Patent No. 6,234,598; claims 1–6 and 8–17 of U.S. Patent No. 6,309,053; claims 1–6 and 8–12 of U.S. Patent No. 6,398,347; claims 1–21 of U.S. Patent No. 6,412,917; claims 1–15 of U.S. Patent No. 6,481,817; and claims 9–16 of U.S. Patent No. 6,402,279, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (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: HewlettPackard Company, 3000 Hanover St., Palo Alto, CA 94304. (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: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 17435 MicroJet Technology Co., Ltd., 1F, No. 28, R&D 2nd Rd., Science-Based Industrial Park, Hsinchu City, Taiwan 30076. Mipo Technology Limited, Rm B 11/F Wong Tze Bldg., 71 Hoi Yuen Rd., Kwun Tong, Kowloon, Hong Kong. Mipo Science & Technology Co., Ltd., Guangzhou, Rm 3310–3313, Xin Yuan Building, No. 898 North Tianhe Road, Guangzhou, China. Mextec d/b/a Mipo America Ltd., 3100 NW. 72nd Ave. Ste. 106, Miami, FL 33122, SinoTime Technologies, Inc. d/b/a All Colors, 3100 NW. 72nd Ave. Ste. 106, Miami, FL 33122. PTC Holding Limited, Room B, 5/F, Mai Tak Industrial Building 221, Wai Yip Street, Kwun Tong, Kowloon, Hong Kong. (c) The Commission investigative attorney, party to this investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate 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)-(e) 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 respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: March 31, 2010. E:\FR\FM\06APN1.SGM 06APN1 17436 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–7688 Filed 4–5–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–475 and 731– TA–1177 (Preliminary)] Certain Aluminum Extrusions From China sroberts on DSKD5P82C1PROD with NOTICES AGENCY: United States International Trade Commission. ACTION: Institution of antidumping and countervailing duty investigations and scheduling of preliminary phase investigations. SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701–TA–475 and 731–TA–1177 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of certain aluminum extrusions, primarily provided for in subheadings 7604.21.00, 7604.29.10, 7604.29.30, 7604.29.50, and 7608.20.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by Monday, May 17, 2010. The Commission’s views are due at Commerce within five business days thereafter, or by Monday, May 24, 2010. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: March 31, 2010. FOR FURTHER INFORMATION CONTACT: Russell Duncan VerDate Nov<24>2008 16:37 Apr 05, 2010 Jkt 220001 (russell.duncan@usitc.gov, 202–708– 4727), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by 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 (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background. These investigations are being instituted in response to a petition filed on March 31, 2010, by the Aluminum Extrusions Fair Trade Committee (‘‘Committee’’) 1 and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (‘‘USW’’). Participation in the investigations and public service list. Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to 1 The Committee is comprised of the following members: Aerolite Extrusion Company, Younstown, OH; Alexandria Extrusion Company, Alexandria, MN; Benada Aluminum of Florida, Inc., Medley, FL; William L. Bonnell Company, Inc., Newnan, GA; Frontier Aluminum Corporation, Corona, CA; Futura Industries Corporation, Clearfield, UT; Hydro Aluminum North America, Inc., Linthicum, MD; Kaiser Aluminum Corporation, Foothill Ranch, CA; Profile Extrusion Company, Rome, GA; Sapa Extrusions, Inc., Des Plaines, IL; and Western Extrusions Corporation, Carrollton, TX. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference. The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on Wednesday, April 21, 2010, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Parties wishing to participate in the conference should contact Russell Duncan (russell.duncan@usitc.gov, 202– 708–4727) not later than Friday, April 16, 2010, to arrange for their appearance. Parties in support of the imposition of antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions. As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before Monday, April 26, 2010, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Notices]
[Pages 17435-17436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7688]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-711]


In the Matter of Certain Inkjet Ink Cartridges With Printheads 
and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 5, 2010, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hewlett-Packard Company of Palo Alto, California. A letter 
supplementing the complaint was filed on March 26, 2010. The complaint 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain inkjet ink cartridges with 
printheads and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 6,234,598; 6,309,053; 6,398,347; 6,412,917; 
6,481,817; and 6,402,279. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by 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.

FOR FURTHER INFORMATION CONTACT: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 31, 2010, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine 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 inkjet 
cartridges with printheads or components thereof that infringe one or 
more of claims 1-10 of U.S. Patent No. 6,234,598; claims 1-6 and 8-17 
of U.S. Patent No. 6,309,053; claims 1-6 and 8-12 of U.S. Patent No. 
6,398,347; claims 1-21 of U.S. Patent No. 6,412,917; claims 1-15 of 
U.S. Patent No. 6,481,817; and claims 9-16 of U.S. Patent No. 
6,402,279, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (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: Hewlett-Packard Company, 3000 Hanover St., 
Palo Alto, CA 94304.
    (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:

MicroJet Technology Co., Ltd., 1F, No. 28, R&D 2nd Rd., Science-Based 
Industrial Park, Hsinchu City, Taiwan 30076.
Mipo Technology Limited, Rm B 11/F Wong Tze Bldg., 71 Hoi Yuen Rd., 
Kwun Tong, Kowloon, Hong Kong.
Mipo Science & Technology Co., Ltd., Guangzhou, Rm 3310-3313, Xin Yuan 
Building, No. 898 North Tianhe Road, Guangzhou, China.
Mextec d/b/a Mipo America Ltd., 3100 NW. 72nd Ave. Ste. 106, Miami, FL 
33122, SinoTime Technologies, Inc. d/b/a All Colors, 3100 NW. 72nd Ave. 
Ste. 106, Miami, FL 33122.
PTC Holding Limited, Room B, 5/F, Mai Tak Industrial Building 221, Wai 
Yip Street, Kwun Tong, Kowloon, Hong Kong.

    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate 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)-(e) 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 respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: March 31, 2010.


[[Page 17436]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-7688 Filed 4-5-10; 8:45 am]
BILLING CODE 7020-02-P