In the Matter of Certain Inkjet Ink Supplies and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination That There Has Been a Violation of Section 337, 55704-55705 [2011-22894]

Download as PDF 55704 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices 200,000 square feet. The preliminary design concepts being considered in the Draft EIS/EIR are one three-story building or two two-story buildings. The new JOC would occupy approximately 16 acres of land, including access roads and parking lots. The criteria used by Reclamation, DWR, NWS, and the California Department of General Services to identify alternative JOC locations require that the site: • Be along or adjacent to a major traffic thoroughfare and within an approximately 25-minute drive time from downtown Sacramento (DWR headquarters); • Be outside of the designated 200year floodplain; • Maintain a secure perimeter; • Have a lower risk of incompatible adjacent development; • Allow line-of-sight for specialized communications systems and equipment, as well as redundant communication systems; • Have availability of reliable and redundant power service; • Have access to public transportation such as bus service and/or light rail. Copies of the Draft EIS/EIR are available for public review at the following locations: • Bureau of Reclamation, Regional Library, 2800 Cottage Way, Sacramento, CA 95825–1898, 916–978–5593. • California Department of Water Resources, Division of Management Services, 1416 Ninth Street, Room 354, Sacramento, CA 95814. • Rancho Cordova Public Library, 9845 Folsom Boulevard, Sacramento, CA 95827. • Folsom Public Library, Georgia Murray Building, 411 Stafford Street, Folsom, CA 95630. Special Assistance for Public Meetings sroberts on DSK5SPTVN1PROD with NOTICES If special assistance is required to participate in the public meetings, please contact Mr. Doug Kleinsmith at 916–978–5034, TDD 916–978–5608, or via e-mail at dkleinsmith@usbr.gov. Please notify Mr. Kleinsmith as far in advance as possible to enable Reclamation to secure the needed services. If a request cannot be honored, the requestor will be notified. A telephone device for the hearing impaired (TDD) is available at 916–978– 5608. Public Disclosure Before including your name, address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may VerDate Mar<15>2010 16:26 Sep 07, 2011 Jkt 223001 be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: August 2, 2011. Pablo R. Arroyave, Deputy Regional Director, Mid-Pacific Region. [FR Doc. 2011–22787 Filed 9–7–11; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–730] In the Matter of Certain Inkjet Ink Supplies and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion for Summary Determination That There Has Been a 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 an initial determination (‘‘ID’’) (Order No. 14) of the presiding administrative law judge (‘‘ALJ’’) granting complainant’s motion for summary determination that there has been a violation of section 337 in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3106. 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 August 3, 2010, based on a complaint SUMMARY: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 filed by Hewlett-Packard Company of Palo Alto, California and HewlettPackard Development Company, L.P. of Houston, Texas (collectively, ‘‘HP’’) alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain inkjet ink supplies and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,959,985 and 7,104,630. 75 FR 45663 (Aug. 3, 2010). Complainant named Mipo International, Ltd. of Atlanta, Georgia (‘‘Mipo’’); Mextec Group Inc. of Miami, Florida (‘‘Mextec’’); Shanghai Angel Printer Supplies Co., Ltd. of Shanghai, China (‘‘Shanghai Angel’’); Shenzhen Print Media Co., Ltd. of Guangdong, China (‘‘Shenzhen’’); Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of Guangdong, China (‘‘Zhuhai National’’); Tatrix International of Guangdong, China (‘‘Tatrix’’); and Ourway Image Co. Ltd. of Guangdong, China (‘‘Ourway’’) as respondents. Subsequently, Mipo, Mextec, and Shenzhen were terminated from the investigation based on either a settlement agreement with HP or because HP withdrew its allegations against them. The remaining respondents, i.e., Shanghai Angel; Zhuhai National; Tatrix; and Ourway (collectively, ‘‘Defaulting Respondents’’), failed to answer the Complaint and Notice of Investigation and default judgments were granted against all the Defaulting Respondents. On March 7, 2011, complainant HP filed a paper ‘‘Motion for Summary Determination That a Domestic Industry Exists and That There Have Been Violations of Section 337 of the Tariff Act of 1930 (Amended) By the Defaulting Respondents and Complainants’ Request for a General Exclusion Order.’’ Complainant sought a determination that a domestic industry exists and that there has been a violation of Section 337 and entry of a general exclusion order. Subsequently, HP filed a supplemental submission in support of its motion for summary determination. The IA supports HP’s motion as supplemented. On August 3, 2011, the ALJ issued an ID (Order No. 14) granting complainant’s motion. No party petitioned for review of the ID. The ID contained, inter alia, the ALJ’s recommended determination on remedy and bonding. The ALJ recommended issuance of a general exclusion order and cease and desist orders against the defaulting respondents. The ALJ also recommended that the Commission set a bond of 100 percent during the period of Presidential review. E:\FR\FM\08SEN1.SGM 08SEN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices Having examined the record in this investigation, including the subject 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 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 are 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 (Dec. 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. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed. 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 VerDate Mar<15>2010 16:26 Sep 07, 2011 Jkt 223001 submissions should address the recommended determination by the ALJ on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to provide the respective expiration dates of the patents-in-suit and state the HTSUS numbers under which the accused articles are imported. The written submissions and proposed remedial orders must be filed no later than the close of business on September 14, 2011. Reply submissions must be filed no later than the close of business on September 21, 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 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document (or portion thereof) 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 section 201.6 of the Commission’s Rules of Practice and Procedure, 19 CFR 201.6. 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 this action 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– .46, 210.50). Issued: September 1, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–22894 Filed 9–7–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Extension of Public Comment Period On August 4, 2011, a proposed consent decree in United States, State of Missouri, and the Missouri Coalition for the Environment Foundation v. PO 00000 Frm 00064 Fmt 4703 Sfmt 9990 55705 Metropolitan St. Louis Sewer District, No. 4:07–CV–01120, was lodged with the United States District Court for the Eastern District of Missouri. The proposed consent decree will resolve claims of the United States seeking civil penalties and injunctive relief for violations of the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the Metropolitan St. Louis Sewer District’s operation of its sewer system in the City of St. Louis and St. Louis County, Missouri. On August 10, 2011, the Department of Justice published notice of the lodging of the proposed consent decree. 76 FR 49,505. That publication opened a 30-day period for the submission of comments relating to the proposed consent decree. Notice is hereby given that the Department of Justice has extended that period for 30 days. Therefore, the Department of Justice will receive comments relating to the proposed consent decree through October 10, 2011. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. The comments should refer to United States, et al. v. Metropolitan St. Louis Sewer District, D.J. Ref. 90–5–1–1–08111. During the public comment period, the proposed Consent Decree may be examined on the Department of Justice Web site, https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed consent decree may be obtained by mailing a request to the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. When requesting a copy by mail, please enclose a check payable to the U.S. Treasury in the amount of $29.25 (25 cents per page reproduction cost). A copy may also be obtained by e-mailing or faxing a request to Tonia Fleetwood, tonia.fleetwood@usdoj.gov, fax number (202) 514–0097, phone confirmation number (202) 514–1547, and mailing a check for the reproduction cost to the Consent Decree Library. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–22947 Filed 9–7–11; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55704-55705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22894]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-730]


In the Matter of Certain Inkjet Ink Supplies and Components 
Thereof; Notice of a Commission Determination Not To Review an Initial 
Determination Granting Complainant's Motion for Summary Determination 
That There Has Been a 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 an initial determination 
(``ID'') (Order No. 14) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion for summary determination that 
there has been a violation of section 337 in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3106. 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 August 3, 2010, based on a complaint filed by Hewlett-Packard 
Company of Palo Alto, California and Hewlett-Packard Development 
Company, L.P. of Houston, Texas (collectively, ``HP'') alleging a 
violation of section 337 in the importation, sale for importation, and 
sale within the United States after importation of certain inkjet ink 
supplies and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 6,959,985 and 7,104,630. 75 FR 45663 (Aug. 
3, 2010).
    Complainant named Mipo International, Ltd. of Atlanta, Georgia 
(``Mipo''); Mextec Group Inc. of Miami, Florida (``Mextec''); Shanghai 
Angel Printer Supplies Co., Ltd. of Shanghai, China (``Shanghai 
Angel''); Shenzhen Print Media Co., Ltd. of Guangdong, China 
(``Shenzhen''); Zhuhai National Resources & Jingjie Imaging Products 
Co., Ltd. of Guangdong, China (``Zhuhai National''); Tatrix 
International of Guangdong, China (``Tatrix''); and Ourway Image Co. 
Ltd. of Guangdong, China (``Ourway'') as respondents. Subsequently, 
Mipo, Mextec, and Shenzhen were terminated from the investigation based 
on either a settlement agreement with HP or because HP withdrew its 
allegations against them. The remaining respondents, i.e., Shanghai 
Angel; Zhuhai National; Tatrix; and Ourway (collectively, ``Defaulting 
Respondents''), failed to answer the Complaint and Notice of 
Investigation and default judgments were granted against all the 
Defaulting Respondents.
    On March 7, 2011, complainant HP filed a paper ``Motion for Summary 
Determination That a Domestic Industry Exists and That There Have Been 
Violations of Section 337 of the Tariff Act of 1930 (Amended) By the 
Defaulting Respondents and Complainants' Request for a General 
Exclusion Order.'' Complainant sought a determination that a domestic 
industry exists and that there has been a violation of Section 337 and 
entry of a general exclusion order. Subsequently, HP filed a 
supplemental submission in support of its motion for summary 
determination. The IA supports HP's motion as supplemented.
    On August 3, 2011, the ALJ issued an ID (Order No. 14) granting 
complainant's motion. No party petitioned for review of the ID. The ID 
contained, inter alia, the ALJ's recommended determination on remedy 
and bonding. The ALJ recommended issuance of a general exclusion order 
and cease and desist orders against the defaulting respondents. The ALJ 
also recommended that the Commission set a bond of 100 percent during 
the period of Presidential review.

[[Page 55705]]

    Having examined the record in this investigation, including the 
subject 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 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 are 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 
(Dec. 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. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    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. Complainant and the 
Commission investigative attorney are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is 
further requested to provide the respective expiration dates of the 
patents-in-suit and state the HTSUS numbers under which the accused 
articles are imported. The written submissions and proposed remedial 
orders must be filed no later than the close of business on September 
14, 2011. Reply submissions must be filed no later than the close of 
business on September 21, 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 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) 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 section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. 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 this action 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-.46, 210.50).

    Issued: September 1, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22894 Filed 9-7-11; 8:45 am]
BILLING CODE 7020-02-P
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