In the Matter of Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same II; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 42136-42137 [2011-17966]
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42136
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
Issued: July 12, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–17932 Filed 7–15–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–787]
In the Matter of Certain MotionSensitive Sound Effects Devices and
Image Display Devices and
Components and Products Containing
Same II; Notice of Institution of
Investigation; Institution of
Investigation Pursuant to 19 U.S.C.
1337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on June
13, 2011, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Ogma, LLC of
Longview, Texas. Supplements to the
complaint were filed on June 17 and 29,
2011. 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 motion-sensitive sound effects
devices and image display devices and
components and products containing
same by reason of infringement of
certain claims of U.S. Patent No.
6,150,947 (‘‘the ’947 patent’’) and U.S.
Patent No. 5,825,427 (‘‘the ’427 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 cease and desist
orders.
ADDRESSES: The complaint and
supplements, except for any
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
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confidential information contained
therein, are 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: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
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
(2011).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
July 11, 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 motion-sensitive
sound effects devices and image display
devices and components and products
containing same that infringe one or
more of claims 1, 9, and 19 of the ’947
patent or claims 1 and 2 of the ’427
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: Ogma, LLC,
3301 W. Marshall Avenue, Longview,
TX 75604.
(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:
3M Company, 3M Center, St. Paul, MN
55144.
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Bensussen Deutsch & Associates, Inc.,
d/b/a Power A, 15525 WoodinvilleRedmond Road, NE., Woodinville,
WA 98072.
Casio America, Inc., 570 Mount Pleasant
Avenue, Dover, NJ 07801.
Casio Computer Co., Ltd., 6–2, Honmachi 1-chome, Shibuya-ku, Tokyo
151–8543, Japan.
Christie Digital Systems USA, Inc.,
10550 Camden Drive, Cypress, CA
90630.
Eiki International, Inc., 30251
Esperanza, Rancho Santa Margarita,
CA 92688.
Intec, Inc., 7600 Corporate Center Dr.,
Suite 400, Miami, FL 33126.
Mitsubishi Electric Corporation, Tokyo
Building, 2–7–3, Marunouchi,
Chiyoda-ku, Tokyo 100–8310, Japan.
Mitsubishi Electric & Electronics USA,
Inc., 5665 Plaza Drive, Cypress, CA
90630.
Optoma Corporation, 5F., No. 108,
Minchiuan Road, Shindian City,
Taipei, Taiwan.
Optoma Technology, Inc., 715 Sycamore
Drive, Milpitas, CA 95035.
Performance Designed Products LLC,
14144 Ventura Boulevard, Suite 200,
Sherman Oaks, CA 91423.
Planar Systems, Inc., 1195 NW.
Compton Drive, Beaverton, OR 97006.
Supersonic, Inc., 6555 Bandini
Boulevard, Commerce, CA 90040.
Toshiba Corporation, 1–1, Shibaura
1-chome, Minato-ku, Tokyo 105–
8001, Japan.
Toshiba America Information Systems,
Inc., 9740 Irvine Boulevard, Irvine,
CA 92618–1697.
(c) The 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 E. James Gildea is
designated as the presiding
administrative law judge.
The Commission has determined to
assign this investigation to Judge Gildea,
who is the presiding administrative law
judge in Certain Motion-Sensitive Sound
Effects Devices and Image Display
Devices and Components and Products
Containing Same, Inv. No.
337–TA–773, in view of the overlapping
subject matter in the two investigations.
The presiding administrative law judge
is authorized to consolidate Inv. No.
337–TA–773 and this investigation if he
deems it appropriate.
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
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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices
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: July 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–17966 Filed 7–15–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1127 (Final)
(Remand)]
Certain Lightweight Thermal Paper
From Germany; Remand Proceedings
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The U.S. International Trade
Commission (‘‘Commission’’) hereby
gives notice of the court-ordered remand
of its final determination in
Investigation No. 731–TA–1127
concerning certain lightweight thermal
paper (‘‘LWTP’’) from Germany. For
further information concerning the
conduct of this proceeding 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,
subpart A (19 CFR part 207).
DATES: Effective Date: July 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Christopher Cassise, Office of
Investigations, telephone 202–708–
5408, or Marc A. Bernstein, Office of
General Counsel, telephone 202–205–
3087, U.S. International Trade
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SUMMARY:
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16:43 Jul 15, 2011
Jkt 223001
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 of
Investigation No. 731–TA–1127 may be
viewed on the Commission’s electronic
docket (‘‘EDIS’’) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—In November 2008, the
Commission determined that a domestic
industry was threatened with material
injury by reason of imports of certain
lightweight thermal paper from
Germany that the Department of
Commerce found were sold at less than
fair value (LTFV). Papierfabrik August
Koehler AG and Koehler America, Inc.
(collectively ‘‘Koehler’’), respectively an
exporter and importer of LWTP from
Germany, contested the Commission’s
determination before the Court of
International Trade (CIT). The CIT
affirmed the Commission’s
determination. Papierfabrik August
Koehler AG v. United States, 675 F.
Supp.2d 1172 (Ct. Int’l Trade 2009). On
appeal, the United States Court of
Appeals for the Federal Circuit vacated
the judgment of the CIT. The Federal
Circuit held that the Commission
improperly failed to consider certain
materials Koehler introduced, consisting
of a worksheet prepared in the
Commerce dumping investigation
containing intermediate dumping
margin calculations concerning certain
types of LWTP, including LWTP having
basis weight of 48 grams per square
meter (‘‘48 gram LWTP’’). Papierfabrik
August Koehler AG v. United States,
App. No. 2010–1147 (Fed. Cir. January
11, 2011) (non-precedential opinion).
The Federal Circuit subsequently
denied the Commission’s petition for
rehearing and rehearing en banc.
Paperfabrik August Koehler AG v.
United States, App. No. 2010–1147
(Fed. Cir. May 18, 2011). On June 15,
2011, the CIT remanded this matter to
the Commission. It ordered the
Commission to take ‘‘action consistent
with the [Federal Circuit] decision’’ and
‘‘to revise its final determination with
respect to the threat of material injury
from subject merchandise from
Germany, in accordance with the
decision [of the Federal Circuit]. The
Commission shall specifically explain
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42137
how its decision to deny Koehler’s
request to exclude a subset of subject
merchandise from the Commission’s
threat of material injury determination
complies with the Court of Appeals’
interpretation of 19 U.S.C.
1673d(c)(1)(A) and the decision in
Algoma Steel Corp. v. United States,
865 F.2d 240 (Fed. Cir. 1989).’’
Papierfabrik August Koehler AG v.
United States, Slip. Op. 11–67 (Ct. Int’l
Trade June 15, 2011).
Participation in the proceeding.—
Only those persons who were interested
parties to the original investigation (i.e.,
persons listed on the Commission
Secretary’s service list) and participated
in the appeal proceedings before the
Federal Circuit may participate in the
remand proceeding. Such persons need
not re-file their appearance notices or
protective order applications to
participate in the remand proceeding.
Business proprietary information
(‘‘BPI’’) referred to during the remand
proceeding will be governed, as
appropriate, by the administrative
protective order issued in the original
investigation.
Written submissions.—The
Commission is reopening the record to
obtain additional information pertinent
to the issue on which the CIT has
directed a remand. In addition, the
Commission will permit the parties to
file comments pertaining to any new
factual information and the following
issues:
1. The nature of the action the
opinion of the Federal Circuit and the
remand instructions of the CIT require
the Commission to take on remand.
2. What factual findings and legal
conclusions the Commission should
make in light of the information in the
remand record from Department of
Commerce proceedings concerning
dumping of imports of 48 gram LWTP
from Germany.
Comments should be limited to no
more than twenty (20) double-spaced
and single-sided pages of textual
material. The parties may not submit
any new factual information in their
comments and may not address any
issue other than those listed above. Any
such comments must be filed with the
Commission no later than August 5,
2011.
All written submissions must conform
with the provisions of section 201.8 of
the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
rules do not authorize filing of
submissions with the Secretary by
facsimile or electronic means, except to
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]]>Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42136-42137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17966]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-787]
In the Matter of Certain Motion-Sensitive Sound Effects Devices
and Image Display Devices and Components and Products Containing Same
II; Notice of Institution of Investigation; Institution of
Investigation Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 13, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ogma, LLC of Longview, Texas. Supplements to the complaint were filed
on June 17 and 29, 2011. 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 motion-sensitive sound effects devices and image display
devices and components and products containing same by reason of
infringement of certain claims of U.S. Patent No. 6,150,947 (``the '947
patent'') and U.S. Patent No. 5,825,427 (``the '427 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 cease and desist orders.
ADDRESSES: The complaint and supplements, except for any confidential
information contained therein, are 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: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
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 (2011).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 11, 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 motion-
sensitive sound effects devices and image display devices and
components and products containing same that infringe one or more of
claims 1, 9, and 19 of the '947 patent or claims 1 and 2 of the '427
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: Ogma, LLC, 3301 W. Marshall Avenue,
Longview, TX 75604.
(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:
3M Company, 3M Center, St. Paul, MN 55144.
Bensussen Deutsch & Associates, Inc., d/b/a Power A, 15525 Woodinville-
Redmond Road, NE., Woodinville, WA 98072.
Casio America, Inc., 570 Mount Pleasant Avenue, Dover, NJ 07801.
Casio Computer Co., Ltd., 6-2, Hon-machi 1-chome, Shibuya-ku, Tokyo
151-8543, Japan.
Christie Digital Systems USA, Inc., 10550 Camden Drive, Cypress, CA
90630.
Eiki International, Inc., 30251 Esperanza, Rancho Santa Margarita, CA
92688.
Intec, Inc., 7600 Corporate Center Dr., Suite 400, Miami, FL 33126.
Mitsubishi Electric Corporation, Tokyo Building, 2-7-3, Marunouchi,
Chiyoda-ku, Tokyo 100-8310, Japan.
Mitsubishi Electric & Electronics USA, Inc., 5665 Plaza Drive, Cypress,
CA 90630.
Optoma Corporation, 5F., No. 108, Minchiuan Road, Shindian City,
Taipei, Taiwan.
Optoma Technology, Inc., 715 Sycamore Drive, Milpitas, CA 95035.
Performance Designed Products LLC, 14144 Ventura Boulevard, Suite 200,
Sherman Oaks, CA 91423.
Planar Systems, Inc., 1195 NW. Compton Drive, Beaverton, OR 97006.
Supersonic, Inc., 6555 Bandini Boulevard, Commerce, CA 90040.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001,
Japan.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard,
Irvine, CA 92618-1697.
(c) The 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 E. James
Gildea is designated as the presiding administrative law judge.
The Commission has determined to assign this investigation to Judge
Gildea, who is the presiding administrative law judge in Certain
Motion-Sensitive Sound Effects Devices and Image Display Devices and
Components and Products Containing Same, Inv. No. 337-TA-773, in view
of the overlapping subject matter in the two investigations. The
presiding administrative law judge is authorized to consolidate Inv.
No. 337-TA-773 and this investigation if he deems it appropriate.
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
[[Page 42137]]
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: July 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17966 Filed 7-15-11; 8:45 am]
BILLING CODE 7020-02-P
