In the Matter of Certain Toner Cartridges and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337, 41822-41824 [2011-17821]
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41822
Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices
Lands Leasing Act of 1920 (30 U.S.C.
188), and the BLM is proposing to
reinstate lease WYW140216 effective
December 1, 2010, under the original
terms and conditions of the lease and
the increased rental and royalty rates
cited above. The BLM has not issued a
valid lease to any other interest affecting
the lands.
Julie L. Weaver,
Chief, Branch of Fluid Minerals Adjudication.
reinstate lease WYW143524 effective
December 1, 2010, under the original
terms and conditions of the lease and
the increased rental and royalty rates
cited above. The BLM has not issued a
valid lease to any other interest affecting
the lands.
Julie L. Weaver,
Chief, Branch of Fluid Minerals Adjudication.
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Bureau of Land Management
[WY–923–1310–FI; WYW143519]
[WY–923–1310–FI; WYW143524]
Notice of Proposed Reinstatement of
Terminated Oil and Gas Lease
WYW143519, Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice.
Under the provisions of the
Mineral Leasing Act of 1920, as
amended, the Bureau of Land
Management (BLM) received a petition
for reinstatement from USA Exploration
& Production LLC for competitive oil
and gas lease WYW143524 for land in
Campbell County, Wyoming. The
petition was filed on time and was
accompanied by all the rentals due
since the date the lease terminated
under the law.
FOR FURTHER INFORMATION CONTACT:
Bureau of Land Management, Julie L.
Weaver, Chief, Fluid Minerals
Adjudication, at (307) 775–6176.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact the
above individual during normal
business hours. The FIRS is available 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The lessee
has agreed to the amended lease terms
for rentals and royalties at rates of $10
per acre or fraction thereof, per year and
162⁄3 percent, respectively. The lessee
has paid the required $500
administrative fee and $163 to
reimburse the Department for the cost of
this Federal Register notice. The lessee
has met all the requirements for
reinstatement of the lease as set out in
Sections 31(d) and (e) of the Mineral
Lands Leasing Act of 1920 (30 U.S.C.
188), and the BLM is proposing to
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SUMMARY:
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[FR Doc. 2011–17714 Filed 7–14–11; 8:45 am]
BILLING CODE 4310–22–P
BILLING CODE 4310–22–P
BILLING CODE 4310–22–P
AGENCY:
Julie L. Weaver,
Chief, Branch of Fluid Minerals Adjudication.
[FR Doc. 2011–17722 Filed 7–14–11; 8:45 am]
[FR Doc. 2011–17723 Filed 7–14–11; 8:45 am]
Notice of Proposed Reinstatement of
Terminated Oil and Gas Lease
WYW143524, Wyoming
terms and conditions of the lease and
the increased rental and royalty rates
cited above. The BLM has not issued a
valid lease to any other interest affecting
the lands.
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
Under the provisions of the
Mineral Leasing Act of 1920, as
amended, the Bureau of Land
Management (BLM) received a petition
for reinstatement from USA Exploration
& Production LLC for competitive oil
and gas lease WYW143519 for land in
Campbell County, Wyoming. The
petition was filed on time and was
accompanied by all the rentals due
since the date the lease terminated
under the law.
FOR FURTHER INFORMATION CONTACT:
Bureau of Land Management, Julie L.
Weaver, Chief, Fluid Minerals
Adjudication, at (307) 775–6176.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact the
above individual during normal
business hours. The FIRS is available 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The lessee
has agreed to the amended lease terms
for rentals and royalties at rates of $10
per acre or fraction thereof, per year and
162⁄3 percent, respectively. The lessee
has paid the required $500
administrative fee and $163 to
reimburse the Department for the cost of
this Federal Register notice. The lessee
has met all the requirements for
reinstatement of the lease as set out in
Sections 31(d) and (e) of the Mineral
Lands Leasing Act of 1920 (30 U.S.C.
188), and the BLM is proposing to
reinstate lease WYW143519 effective
December 1, 2010, under the original
SUMMARY:
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UNITED STATES INTERNATIONAL
TRADE COMMISSION
[Investigation No. 337–TA–740]
In the Matter of Certain Toner
Cartridges and Components Thereof;
Notice of Commission Determination
Not To Review an Initial Determination
Granting Complainant’s Motion for
Summary Determination of Violation of
Section 337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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. 26) granting
complainant’s motion for summary
determination of violation of Section
337 in Inv. No. 337–TA–740, Certain
Toner Cartridges and Components
Thereof.
SUMMARY:
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 this investigation
on October 12, 2010, based on a
complaint filed by Lexmark
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices
International, Inc. of Lexington,
Kentucky (‘‘Lexmark’’). 75 FR. 62564–65
(Oct. 12, 2010). The complaint alleges
violations of Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘Section 337’’), in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain toner cartridges and components
thereof by reason of infringement of
certain claims of U.S. Patent Nos.
5,337,032; 5,634,169; 5,758,233;
5,768,661; 5,802,432; 5,875,378;
6,009,291; 6,078,771; 6,397,015;
6,459,876; 6,816,692; 6,871,031;
7,139,510; 7,233,760; and 7,305,204.
The complaint further alleges the
existence of a domestic industry. The
Commission’s notice of investigation
named as respondents Ninestar Image
Int’l, Ltd. of Guangdong, China; Seine
Image International Co. Ltd. of New
Territories, Hong Kong; Ninestar
Technology Company, Ltd. of
Piscataway, New Jersey; Ziprint Image
Corporation of Walnut, California; Nano
Pacific Corporation of South San
Francisco, California; IJSS Inc. (d/b/a/
TonerZone.com Inc. and Inkjet
Superstore) of Los Angeles, California;
Chung Pal Shin of Cerritos, California;
Nectron International, Inc. of Sugarland,
Texas; Quality Cartridges Inc. of
Brooklyn, New York; Direct Billing
International Incorporated (d/b/a/Office
Supply Outfitter and d/b/a The Ribbon
Connection) of Carlsbad, California;
E-Toner Mart, Inc. of South El Monte,
California; Alpha Image Tech of South
El Monte, California; ACM
Technologies, Inc. of Corona, California;
Virtual Imaging Products Inc. of North
York, Ontario; Acecom Inc.—San
Antonia (d/b/a/Inksell.com) of San
Antonia, Texas; Ink Technologies
Printer Supplied, LLC (d/b/a/Ink
Technologies LLC) of Dayton, Ohio;
Jahwa Electronics Co., Ltd of
Chungchongbuk-do, South Korea;
Huizhou Jahwa Electronics Co., Ltd. of
Guangdong Province, China; Copy
Technologies, Inc. of Atlanta, Georgia;
Laser Toner Technology, Inc. of Atlanta,
Georgia; C&R Service, Incorporated of
Corinth, Texas; Print-Rite Holdings Ltd.,
of Chai Wan, Hong Kong (‘‘Print-Rite’’);
and Union Technology Int’l (M.C.O.)
Co., Ltd. of Rodrigo Rodrigues, Macao.
The Commission determined not to
review an ID terminating the
investigation as to Print-Rite based on a
settlement agreement. Commission
Notice (Jan. 10, 2011). The Commission
determined to review and affirm several
IDs (Order Nos. 15–19) finding several
respondents in default under
Commission Rules 210.16(a)(2) and
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16:55 Jul 14, 2011
Jkt 223001
(b)(2) based on those respondents’
elections to default. Commission Notice
(Mar. 3, 2011) (Order Nos. 15–16);
Commission Notice (Mar. 11, 2011)
(Order Nos. 17–18); Commission Notice
(Mar. 11, 2011) (Order No. 19). The
Commission determined not to review
several other IDs (Order Nos. 23–24)
finding the remaining respondents in
default. Commission Notice (Mar. 23,
2011) (Order No. 23); and Commission
Notice (April 6, 2011) (Order No. 24).
On April 25, 2011, Lexmark filed a
motion pursuant to Commission Rule
210.18 (19 CFR 210.18) for summary
determination of violation of Section
337 and requesting issuance of a general
exclusion order and cease and desist
orders against defaulting respondents.
On May 5, 2011, the Commission
investigative attorney filed a response
supporting the motion, on the condition
that Lexmark submit (1) A declaration
from its expert, Charles Reinholtz,
averring that the statements in his
expert report are true and correct, and
(2) a declaration from Andrew Gardner
that the accused products do not have
any substantial non-infringing uses.
Lexmark filed the submissions per the
IA’s request.
On June 1, 2011, the ALJ issued the
subject ID granting Lexmark’s motion
for summary determination of violation
of Section 337. No petitions for review
of the ID were filed. The ID also
contained the ALJ’s recommended
determination of remedy and bonding.
Specifically, the ALJ recommended
issuance of a general exclusion order
and cease and desist orders against the
defaulting respondents. The ALJ further
recommended that the Commission set
a 100% bond during the period of
Presidential review.
Having examined the record of this
investigation, including the ALJ’s final
ID, the Commission has determined not
to review the ID.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) being
required to cease and desist from
engaging in unfair acts in the
importation and sale of such articles.
Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
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41823
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see In the Matter of Certain
Devices for Connecting Computers via
Telephone Lines, Inv. No. 337–TA–360,
USITC Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) The public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding.
Complainants and the IA are also
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainants are also
requested to state the dates that the
patents expire and the HTSUS numbers
under which the accused products are
imported. The written submissions and
proposed remedial orders must be filed
no later than close of business on
Monday, August 1, 2011. Reply
submissions must be filed no later than
the close of business on Monday,
August 8, 2011. 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
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Notices
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document 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 19 C.F.R. 210.6.
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 in
sections 210.42–46 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42–210.46 and
210.50).
By order of the Commission.
Issued: July 12, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–17821 Filed 7–14–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–735]
In the Matter of Certain Flash Memory
Chips And Products Containing Same;
Notice of Commission Determination
Not To Review an Initial Determination
Terminating The Investigation in Its
Entirety on The Basis of a Settlement
Agreement; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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. 42) granting
complainant’s unopposed motion to
terminate in its entirety Inv. No. 337–
TA–735, Certain Flash Memory Chips
and Products Containing Same on the
basis of a settlement agreement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
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SUMMARY:
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16:55 Jul 14, 2011
Jkt 223001
Washington, DC 20436, telephone (202)
205–1999. 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.
The
Commission instituted this investigation
on September 13, 2010, based on a
complaint filed by Spansion LLC of
Sunnyvale, California (‘‘Spansion’’). 75
FR. 55604–5 (Sept 13, 2010). The
complaint 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 flash memory chips and
products containing same by reason of
infringement of certain claims of U.S.
Patent Nos. 7,018,922; 6,900,124 (‘‘the
‘124 patent’’); 6,459,625; and 6,369,416
(‘‘the ‘416 patent’’). The complaint
further alleges the existence of a
domestic industry. The Commission’s
notice of investigation named numerous
respondents, including Samsung
Electronics Co., Ltd. of Seoul, South
Korea (‘‘Samsung’’); Samsung
Electronics America, Inc. of Ridgefield
Park, New Jersey, Samsung
International, Inc. of San Diego,
California, Samsung Semiconductor,
Inc. of San Jose, California, and
Samsung Telecommunications America,
LLC of Richardson, Texas (collectively
‘‘Samsung subsidiaries’’). On April 27,
2011, the Commission determined not
to review an ID terminating the
investigation as to claims 6–10 of the
‘124 patent. On June 13, 2011, the
Commission determined not to review
an ID terminating the investigation as to
claim 4 of the ‘416 patent.
On June 16, 2011, Spansion filed an
unopposed motion to terminate the
investigation in its entirety on the basis
of a settlement agreement between
Spansion and Samsung and the
Samsung subsidiaries. On June 17, 2011,
the Commission Investigative attorney
SUPPLEMENTARY INFORMATION:
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filed a response in support of the
motion.
On June 20, 2011, the ALJ issued the
subject ID, granting, pursuant to
Commission Rule 210.21(b) (19 CFR
210.21(b)), Spansion’s motion to
terminate the investigation in its
entirety. No petitions for review were
filed.
The Commission has determined not
to review the ID.
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 in
section 210.42 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42).
By order of the Commission.
Issued: July 12, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–17825 Filed 7–14–11; 8:45 am]
BILLING CODE 7020–02–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (11–068)]
NASA Advisory Council; Science
Committee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–462, as amended, the National
Aeronautics and Space Administration
(NASA) announces a meeting of the
Science Committee of the NASA
Advisory Council (NAC). This
Committee reports to the NAC. The
meeting will be held for the purpose of
soliciting, from the scientific
community and other persons, scientific
and technical information relevant to
program planning.
DATES: Tuesday, August 2, 7:30 a.m. to
2:45 p.m., Local Time, and Wednesday,
August 3, 2011, 7:30 a.m. to 11:30 a.m.,
Local Time.
ADDRESSES: NASA Ames Research
Center, NASA Ames Conference Center,
Building 3, 500 Severyns Avenue,
Moffett Field, CA 94035.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–1377, or
mnorris@nasa.gov.
SUMMARY:
The
meeting will be open to the public up
to the capacity of the room. This
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41822-41824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17821]
=======================================================================
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UNITED STATES INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-740]
In the Matter of Certain Toner Cartridges and Components
Thereof; Notice of Commission Determination Not To Review an Initial
Determination Granting Complainant's Motion for Summary Determination
of Violation of Section 337
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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 26)
granting complainant's motion for summary determination of violation of
Section 337 in Inv. No. 337-TA-740, Certain Toner Cartridges and
Components Thereof.
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 this investigation
on October 12, 2010, based on a complaint filed by Lexmark
[[Page 41823]]
International, Inc. of Lexington, Kentucky (``Lexmark''). 75 FR. 62564-
65 (Oct. 12, 2010). The complaint alleges violations of Section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337''),
in the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain
toner cartridges and components thereof by reason of infringement of
certain claims of U.S. Patent Nos. 5,337,032; 5,634,169; 5,758,233;
5,768,661; 5,802,432; 5,875,378; 6,009,291; 6,078,771; 6,397,015;
6,459,876; 6,816,692; 6,871,031; 7,139,510; 7,233,760; and 7,305,204.
The complaint further alleges the existence of a domestic industry. The
Commission's notice of investigation named as respondents Ninestar
Image Int'l, Ltd. of Guangdong, China; Seine Image International Co.
Ltd. of New Territories, Hong Kong; Ninestar Technology Company, Ltd.
of Piscataway, New Jersey; Ziprint Image Corporation of Walnut,
California; Nano Pacific Corporation of South San Francisco,
California; IJSS Inc. (d/b/a/TonerZone.com Inc. and Inkjet Superstore)
of Los Angeles, California; Chung Pal Shin of Cerritos, California;
Nectron International, Inc. of Sugarland, Texas; Quality Cartridges
Inc. of Brooklyn, New York; Direct Billing International Incorporated
(d/b/a/Office Supply Outfitter and d/b/a The Ribbon Connection) of
Carlsbad, California; E-Toner Mart, Inc. of South El Monte, California;
Alpha Image Tech of South El Monte, California; ACM Technologies, Inc.
of Corona, California; Virtual Imaging Products Inc. of North York,
Ontario; Acecom Inc.--San Antonia (d/b/a/Inksell.com) of San Antonia,
Texas; Ink Technologies Printer Supplied, LLC (d/b/a/Ink Technologies
LLC) of Dayton, Ohio; Jahwa Electronics Co., Ltd of Chungchongbuk-do,
South Korea; Huizhou Jahwa Electronics Co., Ltd. of Guangdong Province,
China; Copy Technologies, Inc. of Atlanta, Georgia; Laser Toner
Technology, Inc. of Atlanta, Georgia; C&R Service, Incorporated of
Corinth, Texas; Print-Rite Holdings Ltd., of Chai Wan, Hong Kong
(``Print-Rite''); and Union Technology Int'l (M.C.O.) Co., Ltd. of
Rodrigo Rodrigues, Macao. The Commission determined not to review an ID
terminating the investigation as to Print-Rite based on a settlement
agreement. Commission Notice (Jan. 10, 2011). The Commission determined
to review and affirm several IDs (Order Nos. 15-19) finding several
respondents in default under Commission Rules 210.16(a)(2) and (b)(2)
based on those respondents' elections to default. Commission Notice
(Mar. 3, 2011) (Order Nos. 15-16); Commission Notice (Mar. 11, 2011)
(Order Nos. 17-18); Commission Notice (Mar. 11, 2011) (Order No. 19).
The Commission determined not to review several other IDs (Order Nos.
23-24) finding the remaining respondents in default. Commission Notice
(Mar. 23, 2011) (Order No. 23); and Commission Notice (April 6, 2011)
(Order No. 24).
On April 25, 2011, Lexmark filed a motion pursuant to Commission
Rule 210.18 (19 CFR 210.18) for summary determination of violation of
Section 337 and requesting issuance of a general exclusion order and
cease and desist orders against defaulting respondents. On May 5, 2011,
the Commission investigative attorney filed a response supporting the
motion, on the condition that Lexmark submit (1) A declaration from its
expert, Charles Reinholtz, averring that the statements in his expert
report are true and correct, and (2) a declaration from Andrew Gardner
that the accused products do not have any substantial non-infringing
uses. Lexmark filed the submissions per the IA's request.
On June 1, 2011, the ALJ issued the subject ID granting Lexmark's
motion for summary determination of violation of Section 337. No
petitions for review of the ID were filed. The ID also contained the
ALJ's recommended determination of remedy and bonding. Specifically,
the ALJ recommended issuance of a general exclusion order and cease and
desist orders against the defaulting respondents. The ALJ further
recommended that the Commission set a 100% bond during the period of
Presidential review.
Having examined the record of this investigation, including the
ALJ's final ID, the Commission has determined not to review the ID.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) The
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
Complainants and the IA are also requested to submit proposed
remedial orders for the Commission's consideration. Complainants are
also requested to state the dates that the patents expire and the HTSUS
numbers under which the accused products are imported. The written
submissions and proposed remedial orders must be filed no later than
close of business on Monday, August 1, 2011. Reply submissions must be
filed no later than the close of business on Monday, August 8, 2011. 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
[[Page 41824]]
true copies thereof on or before the deadlines stated above with the
Office of the Secretary. Any person desiring to submit a document 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 19 C.F.R. 210.6. 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
in sections 210.42-46 and 210.50 of the Commission's Rules of Practice
and Procedure (19 CFR 210.42-210.46 and 210.50).
By order of the Commission.
Issued: July 12, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17821 Filed 7-14-11; 8:45 am]
BILLING CODE 7020-02-P
