In the Matter of: Certain Portable Electronic Devices and Related Software; Notice of Investigation, 34484-34485 [2010-14596]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 34484 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Notices 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: Chrysler Group LLC, 1000 Chrysler Dr., Auburn Hills, MI 48321. (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: Xingyue Group Co., Ltd., Gushan Industry Zone, Yongkang, Zhejiang Province, China 321307. Shanghai Xingyue Power Machinery Co. Ltd., No. 1751, Zhouzhu Road, Nanhui District, Shanghai City, Shanghai, China 201321. Shanghai Xingyue USA, Inc., 719 Nogales Street, City of Industry, CA 91748. Zhejiang Xingyue Vehicle Co. Ltd., Gushan, Yongkang, Zhejian Province, China 321307. Shanghai Tandem Industrial Co., Ltd., 53 Building, 3297 Hong Mei Road, Shanghai, China 201103. Boat N RV Supercenter, 2475 Westel Road, Rockwood, TN 37854. Vehicles Online, Inc., 537 W. Cama Street, Charlotte, NC 28217. (c) The Commission investigative attorney, party to this investigation, is Anne Goalwin, 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 VerDate Mar<15>2010 16:13 Jun 16, 2010 Jkt 220001 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: June 11, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–14597 Filed 6–16–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–721] In the Matter of: Certain Portable Electronic Devices and Related Software; Notice of Investigation 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 May 12, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of HTC Corp. of Taiwan. A supplemental letter was filed on June 3, 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 portable electronic devices and related software by reason of infringement of certain claims of U.S. Patent Nos. 6,999,800; 5,541,988; 6,058,183; 6,320,957; and 7,716,505. 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 a cease and desist order. 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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: Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2571. 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 (2010). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 10, 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 portable electronic devices or related software that infringe one or more of claims 1– 4, 6, 10, 11, 14, and 15 of U.S. Patent No. 6,999,800; claims 1 and 10 of U.S. Patent No. 5,541,988; claims 20, 21, and 30 of U.S. Patent No. 6,058,183; claims 1, 2, 8, 9, 39, and 42–44 of U.S. Patent No. 6,320,957; and claims 1–3 of U.S. Patent No. 7,716,505, 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: HTC Corp., 23 Xinghua Rd. Taoyuan City, Taoyuan County 330, Taiwan. (b) The respondent is the following entities alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014. (c) The Commission investigative attorney, party to this investigation, is Thomas S. Fusco, Esq., Office of Unfair E:\FR\FM\17JNN1.SGM 17JNN1 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Notices 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 respondent 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 the 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. By order of the Commission. Issued: June 11, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–14596 Filed 6–16–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Mine Safety and Health Administration mstockstill on DSKH9S0YB1PROD with NOTICES Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part. SUMMARY: The Mine Safety and Health Administration (MSHA) enforces mine operator compliance with mandatory safety and health standards that protect miners and improve safety and health VerDate Mar<15>2010 18:01 Jun 16, 2010 Jkt 220001 conditions in U.S. mines. This Federal Register Notice (FR Notice) notifies the public that it has investigated and issued a final decision on certain mine operator petitions to modify a safety standard. ADDRESSES: Copies of the final decisions are posted on MSHA’s Web Site at http://www.msha.gov/indexes/ petition.htm. The public may inspect the petitions and final decisions during normal business hours in MSHA’s Office of Standards, Regulations and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209. All visitors must first stop at the receptionist desk on the 21st Floor to sign-in. FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Deputy Director, Office of Standards, Regulations and Variances at 202–693– 9475 (Voice), fontaine.roslyn@dol.gov (E-mail), or 202–693–9441 (Telefax), or Barbara Barron at 202–693–9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: I. Introduction Under section 101 of the Federal Mine Safety and Health Act of 1977, a mine operator may petition and the Secretary of Labor (Secretary) may modify the application of a mandatory safety standard to that mine if the Secretary determines that: (1) An alternative method exists that will guarantee no less protection for the miners affected than that provided by the standard; or (2) that the application of the standard will result in a diminution of safety to the affected miners. MSHA bases the final decision on the petitioner’s statements, any comments and information submitted by interested persons, and a field investigation of the conditions at the mine. In some instances, MSHA may approve a petition for modification on the condition that the mine operator complies with other requirements noted in the decision. II. Granted Petitions for Modification On the basis of the findings of MSHA’s investigation, and as designee of the Secretary, MSHA has granted or partially granted the following petitions for modification: • Docket Number: M–2008–001–M. FR Notice: 73 FR 47981 (August 15, 2008). Petitioner: EP Minerals, LLC, 2630 Graham Blvd., Vale Oregon 97918. Mine: Clark Mill, MSHA I.D. No. 26– 00677, located in Storey County, PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 34485 Nevada; Colado Plant, MSHA I.D. No. 26–00680, located in Pershing County, Nevada; and Celatom Mill, MSHA I.D. No. 35–03236, located in Malheur County, Oregon. Regulation Affected: 30 CFR 56.20001 (Intoxicating beverages and narcotics). • Docket Number: M–2009–045–C. FR Notice: 74 FR 67924 (December 21, 2009). Petitioner: Newtown Energy, Inc., P.O. Box 189, Comfort, West Virginia 25049. Mine: Eagle Mine, MSHA I.D. No. 46– 08759 and Coalburg No. 2 Mine, MSHA I.D. No. 46–09231, located in Kanawha County, West Virginia; and Coalburg No. 1 Mine, MSHA I.D. No. 46–08993, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). Docket Number: M–2009–046–C. FR Notice: 74 FR 67924 (December 21, 2009). Petitioner: FKZ Coal Inc., P.O. Box 62, Locust Gap, Pennsylvania 17840. Mine: No. 1 Slope Mine, MSHA I.D. No. 36–08637, located in Northumberland County, Pennsylvania. Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general). • Docket Number: M–2009–047–C. FR Notice: 74 FR 67924 (December 21, 2009). Petitioner: Nufac Mining Company, Inc., P.O. Box 1085, Beckley, West Virginia. Mine: Buckeye Mine, MSHA I.D. No. 46–08769, located in McDowell County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). • Docket Number: M–2009–048–C. FR Notice: 74 FR 67924 (December 21, 2009). Petitioner: Pay Car Mining, Inc., P.O. Box 1085, Beckley, West Virginia 25801. Mine: No. 58 Mine, MSHA I.D. No. 46–08884, located in McDowell County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). • Docket Number: M–2009–051–C. FR Notice: 75 FR 3257 (January 20, 2010). Petitioner: Rockhouse Creek Development, LLC, 210 Larry Joe Harless Drive, P.O. Box 1389, Gilbert, West Virginia 25621. Mine: No. 3A Mine, MSHA I.D. No. 46–09279, located in Mingo County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). • Docket Number: M–2009–059–C. FR Notice: 75 FR 3254 (January 20, 2010). Petitioner: McClane Canyon Mining, LLC, P.O. Box 98, Loma, Colorado 81524. E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34484-34485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14596]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-721]


In the Matter of: Certain Portable Electronic Devices and Related 
Software; Notice of Investigation

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 May 12, 2010, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of HTC 
Corp. of Taiwan. A supplemental letter was filed on June 3, 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 portable electronic 
devices and related software by reason of infringement of certain 
claims of U.S. Patent Nos. 6,999,800; 5,541,988; 6,058,183; 6,320,957; 
and 7,716,505. 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 a cease and desist order.

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: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.
    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 (2010).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 10, 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 portable 
electronic devices or related software that infringe one or more of 
claims 1-4, 6, 10, 11, 14, and 15 of U.S. Patent No. 6,999,800; claims 
1 and 10 of U.S. Patent No. 5,541,988; claims 20, 21, and 30 of U.S. 
Patent No. 6,058,183; claims 1, 2, 8, 9, 39, and 42-44 of U.S. Patent 
No. 6,320,957; and claims 1-3 of U.S. Patent No. 7,716,505, 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: HTC Corp., 23 Xinghua Rd. Taoyuan City, 
Taoyuan County 330, Taiwan.
    (b) The respondent is the following entities alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
    (c) The Commission investigative attorney, party to this 
investigation, is Thomas S. Fusco, Esq., Office of Unfair

[[Page 34485]]

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 respondent 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 the 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.

    By order of the Commission.

    Issued: June 11, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-14596 Filed 6-16-10; 8:45 am]
BILLING CODE 7020-02-P