In the Matter of Certain Electronic Devices With Image Processing Systems, Components Thereof, and Associated Software; Notice of Investigation, 38118-38119 [2010-15938]

Download as PDF 38118 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices permit numbers and animals are: 055424, Tiki and 055426, Debbie. This notification covers activities to be conducted by the applicant over a 3– year period and the import of any potential progeny born while overseas. Applicant: Albert Spidle, Bellville, TX; PRT-10399A The applicant requests a permit to import the sport-hunted trophy of one female scimitar-horned oryx (Oryx dammah) taken in the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Albert Spidle, Bellville, TX; PRT-10400A The applicant requests a permit to import the sport-hunted trophy of one male scimitar-horned oryx (Oryx dammah) taken in the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Clarence Johnson, Houston, TX; PRT-15527A The applicant requests a permit to import a sport-hunted trophy of one male bontebok (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Dated: June 25, 2010 Brenda Tapia Program Analyst, Branch of Permits, Division of Management Authority. [FR Doc. 2010–16029 Filed 6–30–10; 8:45 am] BILLING CODE 4310–55–S INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–724] In the Matter of Certain Electronic Devices With Image Processing Systems, Components Thereof, and Associated Software; Notice of Investigation 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). jlentini on DSKJ8SOYB1PROD 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 May 28, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of S3 Graphics Co., Ltd. of Cayman Islands and S3 Graphics, Inc. of Fremont, California. A letter VerDate Mar<15>2010 16:02 Jun 30, 2010 Jkt 220001 supplementing the complaint was filed on June 22, 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 electronic devices with image processing systems, components thereof, and associated software by reason of infringement of certain claims of U.S. Patent Nos. 7,043,087 (‘‘the ‘087 patent’’); 6,775,417 (‘‘the ‘417 patent’’); 6,683,978 (‘‘the ‘978 patent’’); and 6,658,146 (‘‘the ‘146 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request 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 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. FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2580. Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 24, 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 United States, the sale for importation, or the sale within the United States after importation of certain electronic devices with image processing systems, components thereof, and associated software that infringe one or more of claims 1, 6, and 7 of the ‘087 patent; claims 1, 7, 8, 12, 13, 15, and 23 of the ‘417 patent; claims 11, 14, and 16 of the ‘978 patent; and claims 2, 4, 8, 13, 16, 18, and 19 of the ‘146 patent, 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 complainants are: S3 Graphics Co., Ltd., 2nd Fl., Zephyr House, Mary St., P.O. Box 709, Grand Cayman, Cayman Islands, British West Indies; S3 Graphics, Inc., 1025 Mission Court, Fremont, CA 94539. (b) The respondent is the following entity 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 Kecia J. Reynolds, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, S., 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 E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices 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 25, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–15938 Filed 6–30–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. AA1921–129 (Third Review)] Polychloroprene Rubber From Japan AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty finding on polychloroprene rubber from Japan. jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty finding on polychloroprene rubber from Japan would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is August 2, 2010. Comments on the adequacy of responses may be filed with the Commission by September 14, 2010. For further information concerning the conduct of this review 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, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January 16, 2009). DATES: Effective Date: July 1, 2010. 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 10–5–221, expiration date June 30, 2011. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. VerDate Mar<15>2010 16:02 Jun 30, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired 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 (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On December 6, 1973, the Department of the Treasury issued an antidumping finding on imports of polychloroprene rubber from Japan (38 FR 33593). Following five-year reviews by the Department of Commerce (‘‘Commerce’’) and the Commission, effective August 6, 1999, Commerce issued a continuation of the antidumping finding on imports of polychloroprene rubber from Japan (64 FR 47765, September 1, 1999). Following second five-year reviews by Commerce and the Commission, effective August 4, 2005, Commerce issued a continuation of the antidumping duty finding on imports of polychloroprene rubber from Japan (70 FR 44893). The Commission is now conducting a third review to determine whether revocation of the finding would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by Commerce. (2) The Subject Country in this review is Japan. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 38119 determination and its full first and second five-year review determinations, the Commission effectively defined the Domestic Like Product as all polychloroprene rubber coextensive with Commerce’s scope.2 (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination and its full first and second five-year review determinations, the Commission defined the Domestic Industry as all producers of polychloroprene rubber. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the review and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission’s designated agency ethics official has advised that a five-year review is not considered the ‘‘same particular matter’’ as the corresponding underlying original investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b)(19 CFR 201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are not required to seek Commission approval to appear in a review under Commission 2 Because the Antidumping Act, 1921, did not contain a ‘‘like product’’ provision, the Commission did not make a like product determination per se in its original determination. Instead, it stated that the ‘‘domestic industry’’ at issue consisted of domestic producers of polychloroprene rubber. E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38118-38119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15938]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-724]


In the Matter of Certain Electronic Devices With Image Processing 
Systems, Components Thereof, and Associated 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 28, 2010, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of S3 
Graphics Co., Ltd. of Cayman Islands and S3 Graphics, Inc. of Fremont, 
California. A letter supplementing the complaint was filed on June 22, 
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 electronic 
devices with image processing systems, components thereof, and 
associated software by reason of infringement of certain claims of U.S. 
Patent Nos. 7,043,087 (``the `087 patent''); 6,775,417 (``the `417 
patent''); 6,683,978 (``the `978 patent''); and 6,658,146 (``the `146 
patent''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request 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 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.

FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2580.

    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 24, 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 electronic 
devices with image processing systems, components thereof, and 
associated software that infringe one or more of claims 1, 6, and 7 of 
the `087 patent; claims 1, 7, 8, 12, 13, 15, and 23 of the `417 patent; 
claims 11, 14, and 16 of the `978 patent; and claims 2, 4, 8, 13, 16, 
18, and 19 of the `146 patent, 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 complainants are: S3 Graphics Co., Ltd., 2nd Fl., Zephyr 
House, Mary St., P.O. Box 709, Grand Cayman, Cayman Islands, British 
West Indies; S3 Graphics, Inc., 1025 Mission Court, Fremont, CA 94539.
    (b) The respondent is the following entity 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 Kecia J. Reynolds, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, S., 
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

[[Page 38119]]

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 25, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-15938 Filed 6-30-10; 8:45 am]
BILLING CODE 7020-02-P

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