In the Matter of Certain Mobile Telephones and Modems; Notice of Investigation, 5824-5825 [2011-2216]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 5824 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Notices Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) The quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) The quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) The value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm’s(s’) operations on that product during crop year 2009/10 (report quantity data in thousands of solids and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) imports; (b) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that VerDate Mar<15>2010 16:00 Feb 01, 2011 Jkt 223001 product during crop year 2010 (report quantity data in millions of boxes (growers) or thousands of solids (processors) and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Subject Merchandise in the Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) The quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: January 27, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–2215 Filed 2–1–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–758] In the Matter of Certain Mobile Telephones and Modems; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 28, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Sony Corporation of Japan. 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 mobile telephones and modems by reason of infringement of certain claims of U.S. Patent No. 6,311,092 (‘‘the ‘092 patent’’); U.S. Patent No. 5,907,604 (‘‘the ‘604 patent’’); U.S. Patent No. 6,263,205 (‘‘the ‘205 patent’’); U.S. Patent No. 6,507,611 (‘‘the ‘611 patent’’); U.S. Patent No. 6,674,464 (‘‘the ‘464 patent’’); U.S. Patent No. 7,839,477 (‘‘the ‘477 patent’’); and U.S. Patent No. 6,674,732 (‘‘the ‘732 patent’’). 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 SUMMARY: E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Notices 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. srobinson on DSKHWCL6B1PROD with NOTICES 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 (2010). Scope Of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 27, 2011, 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 mobile telephones and modems that infringe one or more of claims 1 and 2 of the ‘092 patent; claims 1 and 8 of the ‘604 patent; claims 7–10 of the ‘205 patent; claims 17, 18, 24, 25, 27, 32–34, 40, 41, 43, and 48 of the ‘611 patent; claims 1– 3 of the ‘464 patent; claims 3, 4, 7, and 8 of the ‘447 patent; and claims 2, 3, 6, and 7 of the ‘732 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 complainant is: Sony Corporation, 1–7–1 Konan, Minato-ku, Tokyo, 108–0075, Japan. (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: LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong Yeongdeungpo-gu, Seoul, 150–721, South Korea; VerDate Mar<15>2010 16:00 Feb 01, 2011 Jkt 223001 LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632; LG Electronics Mobilecomm U.S.A., Inc., 10101 Old Grove Road, San Diego, CA 92131. (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. By order of the Commission. Issued: January 27, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–2216 Filed 2–1–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–523] U.S.-Korea Free Trade Agreement: Passenger Vehicle Sector Update United States International Trade Commission. AGENCY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 5825 Institution of investigation and request for written statements. ACTION: Following receipt of a request dated January 27, 2011, from the U.S. House of Representatives Committee on Ways and Means (Committee) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332–523, U.S.-Korea Free Trade Agreement: Passenger Vehicle Sector Update. DATES: February 14, 2011: Deadline for filing written statements. March 15, 2011: Transmittal of Commission report to the Committee. ADDRESSES: All Commission offices are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov/ edis3-internal/app. FOR FURTHER INFORMATION CONTACT: Brian Allen, Co-Project Leader, Office of Industries (202–205–3034 or brian.allen@usitc.gov) or Deborah McNay, Co-Project Leader, Office of Industries (202–205–3425 or deborah.mcnay@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). 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. Background: In April 2007, the U.S. Trade Representative (USTR) requested that the Commission prepare a report, as specified in section 2104(f) of the Trade Act of 2002 (19 U.S.C. 3804(f)), assessing the likely impact of the U.S.Korea Free Trade Agreement (FTA) on the U.S. economy as a whole and on SUMMARY: E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5824-5825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2216]


-----------------------------------------------------------------------

 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-758]


In the Matter of Certain Mobile Telephones and Modems; 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 December 28, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Sony Corporation of Japan. 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 mobile telephones and modems by reason of infringement of 
certain claims of U.S. Patent No. 6,311,092 (``the `092 patent''); U.S. 
Patent No. 5,907,604 (``the `604 patent''); U.S. Patent No. 6,263,205 
(``the `205 patent''); U.S. Patent No. 6,507,611 (``the `611 patent''); 
U.S. Patent No. 6,674,464 (``the `464 patent''); U.S. Patent No. 
7,839,477 (``the `477 patent''); and U.S. Patent No. 6,674,732 (``the 
`732 patent''). 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

[[Page 5825]]

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 (2010). Scope Of Investigation: 
Having considered the complaint, the U.S. International Trade 
Commission, on January 27, 2011, 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 mobile 
telephones and modems that infringe one or more of claims 1 and 2 of 
the `092 patent; claims 1 and 8 of the `604 patent; claims 7-10 of the 
`205 patent; claims 17, 18, 24, 25, 27, 32-34, 40, 41, 43, and 48 of 
the `611 patent; claims 1-3 of the `464 patent; claims 3, 4, 7, and 8 
of the `447 patent; and claims 2, 3, 6, and 7 of the `732 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 complainant is: Sony Corporation, 1-7-1 Konan, Minato-ku, 
Tokyo, 108-0075, Japan.
    (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:
    LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong Yeongdeungpo-
gu, Seoul, 150-721, South Korea;
    LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, 
NJ 07632;
    LG Electronics Mobilecomm U.S.A., Inc., 10101 Old Grove Road, San 
Diego, CA 92131.
    (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.

    By order of the Commission.
    Issued: January 27, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-2216 Filed 2-1-11; 8:45 am]
BILLING CODE 7020-02-P