Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same; Notice of Issuance of a General Exclusion Order for U.S. Patent No. 5,470,257, 58040-58041 [2011-23894]

Download as PDF 58040 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices remains were removed from Kittitas County, WA. This notice is published as part of the National Park Service’s administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. mstockstill on DSK4VPTVN1PROD with NOTICES Consultation A detailed assessment of the human remains was made by the Burke Museum professional staff in consultation with representatives of the Confederated Tribes of the Colville Reservation, Washington; Confederated Tribes of the Umatilla Indian Reservation, Oregon; Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes and Bands of the Yakama Nation, Washington; and the Nez Perce Tribe, Idaho (hereinafter ‘‘The Tribes’’). The Burke Museum also consulted with the Wanapum Band, a non-Federally recognized Indian group (hereinafter ‘‘The Indian Group’’). History and Description of the Remains In 1953–1954, human remains and funerary objects were removed from the Cedar Cave Site (45–KT–20), in Kittitas County, WA, during a University of Washington Field Expedition led by Dr. Earl Swanson, Jr. The human remains and funerary objects were transferred from the University of Washington Department of Anthropology and accessioned by the Burke Museum in 1966 (Burke Accn. #1966–95). In 1974, the Burke Museum legally transferred portions of the human remains to Central Washington University. In 2007, a Notice of Inventory Completion (NIC) describing 4 individuals and 42 associated funerary objects removed from the Cedar Cave site was published in the Federal Register [72 FR 52391– 52392, September 13, 2007]. The Burke Museum and Central Washington University have jointly repatriated these human remains and funerary objects from the Cedar Cave site described in the NIC. In 2009, during a collection cataloging and rehousing project, the Burke Museum located one human tooth, representing an additional individual, which had also been removed from the Cedar Cave Site. No known individual was identified. There are no associated funerary objects for this individual. Early and late published ethnographic documentation indicates that the Cedar Cave Site is in the aboriginal territory of VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 the Moses-Columbia or Sinkiuse, and the Yakima (Daugherty 1973, Miller 1998, Mooney 1896, Ray 1936, Spier 1936) whose descendants are represented today by the Confederated Tribes of the Colville Reservation, Washington, and the Confederated Tribes and Bands of the Yakama Nation, Washington. Furthermore, information provided during consultation indicates that the aboriginal ancestors occupying this area were highly mobile and traveled the landscape for gathering resources as well as trade. Descendants of these Plateau communities are now widely dispersed and enrolled in the two Tribes mentioned above, as well as the Nez Perce Tribe, Idaho; Confederated Tribes of the Umatilla Indian Reservation, Oregon; Confederated Tribes of the Warm Springs Reservation of Oregon; and the Wanapum Band, a non-Federally recognized Indian group. Determinations Made by the Burke Museum Officials of the Burke Museum have determined that: • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry. • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and The Tribes and The Indian Group. Additional Requestors and Disposition Representatives of any Indian Tribe that believes itself to be culturally affiliated with the human remains should contact Peter Lape, Burke Museum, University of Washington, Box 35101, Seattle, WA 98195, telephone (206) 685–3849, before October 19, 2011. Repatriation of the human remains to The Tribes and The Indian Group may proceed after that date if no additional claimants come forward. The Burke Museum is responsible for notifying The Tribes and The Indian group that this notice has been published. Dated: September 13, 2011. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 2011–23902 Filed 9–16–11; 8:45 am] INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–825 and 826; Second Review] Certain Polyester Staple Fiber From Korea and Taiwan Determination On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that revocation of the antidumping duty orders on certain polyester staple fiber from Korea and Taiwan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on March 1, 2011 (76 FR 11268) and determined on June 6, 2011 that it would conduct expedited reviews ( 76 FR 37830, June 28, 2011). The Commission transmitted its determination in these reviews to the Secretary of Commerce on September 13, 2011. The views of the Commission are contained in USITC Publication 4257 (September 2011), entitled Certain Polyester Staple Fiber From Korea and Taiwan: Investigation Nos. 731–TA–825 and 826 (Second Review). By order of the Commission. Issued: September 13, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–23907 Filed 9–16–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–650] Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same; Notice of Issuance of a General Exclusion Order for U.S. Patent No. 5,470,257 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order for U.S. Patent SUMMARY: BILLING CODE 4312–50–P PO 00000 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices No. 5,470,257 (‘‘the ‘257 patent’’) following a remand from the United States Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) in John Mezzalingua Associates v. Int’l Trade Comm’n, 2011 U.S. App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011). FOR FURTHER INFORMATION CONTACT: Michelle Klancnik, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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 May 30, 2008, based on a complaint filed by John Mezzalingua Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York (‘‘PPC’’). 73 FR 31145 (May 30, 2008). The complaint alleged violations of section 337 of the Tariff Act of 1930 (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 coaxial cable connectors and components thereof and products containing the same by reason of infringement of various United States Patents, including the ‘257 patent. The complaint named eight respondents. After institution, two respondents were terminated based on consent orders and four respondents were found to be in default (‘‘defaulting respondents’’). Two respondents, Fu-Ching Technical Industry, Co., Ltd. and Gem Electronics, Inc. (‘‘the active respondents’’), remained active. On October 13, 2009, the presiding administrative law judge issued a final initial determination (‘‘ID’’) and a recommended determination on remedy and bonding. The Commission determined to review the final ID in part. On March 31, 2010, the Commission found no violation of section 337 for the ‘257 patent. The Commission found VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 infringement of the ‘257 patent by the defaulting respondents and no infringement by the active respondents. The Commission nevertheless found no violation of section 337 because it found no domestic industry for the ‘257 patent. Having found no violation, the Commission did not make a remedy determination for the ‘257 patent. Complainant PPC appealed to the Federal Circuit. In John Mezzalingua Associates v. International Trade Commission, 2011 U.S. App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011), the Federal Circuit reversed the Commission’s finding of no violation, entered a judgment of violation, and remanded the investigation to the Commission for proceedings consistent with its opinion. The Federal Circuit’s mandate issued on June 30, 2011. On July 18, 2011, the Commission issued a notice requesting comments from the parties regarding how to proceed with the investigation following the remand from the Federal Circuit. On July 29, 2011, PPC filed a response to the Commission’s notice. On August 1, 2011, the Commission investigative attorney filed a response to the Commission’s notice. Having reviewed the record to the investigation including all relevant submissions, the Commission has determined that the appropriate form of remedy is a general exclusion order. The general exclusion order prohibits the unlicensed entry of coaxial cable connectors and components thereof and products containing the same that infringe claim 1 and/or 5 of the ‘257 patent. The Commission further determined that the public interest factors enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude issuance of the general exclusion order. Finally, the Commission determined that the amount of bond during the Presidential review period (19 U.S.C. 1337(j)) shall be in the amount of thirteen (13) cents per coaxial connector of the defaulting respondents—Hanjiang Fei Yu Electronics Equipment Factory of China, Zhongguang Electronics of China, Yangzhou Zhongguang Electronics Co. of China, and Yangzhou Zhongguang Foreign Trade Co. Ltd. of China. A bond in the amount of zero is required for any other coaxial cable connector or component thereof or product containing the same covered by the general exclusion order. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. The authority for the Commission’s determination is contained in section PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 58041 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). Issued: September 13, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–23894 Filed 9–16–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–806] Certain Digital Televisions Containing Integrated Circuit Devices and Components Thereof; 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 August 12, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Renesas Electronics Corporation of Japan and 511 Technologies, Inc. of Marshall, Texas. Letters supplementing the complaint were filed on September 1, 2011 and September 6, 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 digital televisions containing integrated circuit devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,199,432 (‘‘the ‘432 patent’’) and U.S. Patent No. 6,531,400 (‘‘the ‘400 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information SUMMARY: E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 58040-58041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23894]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-650]


Certain Coaxial Cable Connectors and Components Thereof and 
Products Containing Same; Notice of Issuance of a General Exclusion 
Order for U.S. Patent No. 5,470,257

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a general exclusion order for U.S. 
Patent

[[Page 58041]]

No. 5,470,257 (``the `257 patent'') following a remand from the United 
States Court of Appeals for the Federal Circuit (``Federal Circuit'') 
in John Mezzalingua Associates v. Int'l Trade Comm'n, 2011 U.S. App. 
LEXIS 8806 (Fed. Cir. Apr. 28, 2011).

FOR FURTHER INFORMATION CONTACT: Michelle Klancnik, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 May 30, 2008, based on a complaint filed by John Mezzalingua 
Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York (``PPC''). 
73 FR 31145 (May 30, 2008). The complaint alleged violations of section 
337 of the Tariff Act of 1930 (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 coaxial cable connectors and 
components thereof and products containing the same by reason of 
infringement of various United States Patents, including the `257 
patent. The complaint named eight respondents. After institution, two 
respondents were terminated based on consent orders and four 
respondents were found to be in default (``defaulting respondents''). 
Two respondents, Fu-Ching Technical Industry, Co., Ltd. and Gem 
Electronics, Inc. (``the active respondents''), remained active.
    On October 13, 2009, the presiding administrative law judge issued 
a final initial determination (``ID'') and a recommended determination 
on remedy and bonding. The Commission determined to review the final ID 
in part.
    On March 31, 2010, the Commission found no violation of section 337 
for the `257 patent. The Commission found infringement of the `257 
patent by the defaulting respondents and no infringement by the active 
respondents. The Commission nevertheless found no violation of section 
337 because it found no domestic industry for the `257 patent. Having 
found no violation, the Commission did not make a remedy determination 
for the `257 patent.
    Complainant PPC appealed to the Federal Circuit. In John 
Mezzalingua Associates v. International Trade Commission, 2011 U.S. 
App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011), the Federal Circuit reversed 
the Commission's finding of no violation, entered a judgment of 
violation, and remanded the investigation to the Commission for 
proceedings consistent with its opinion. The Federal Circuit's mandate 
issued on June 30, 2011.
    On July 18, 2011, the Commission issued a notice requesting 
comments from the parties regarding how to proceed with the 
investigation following the remand from the Federal Circuit. On July 
29, 2011, PPC filed a response to the Commission's notice. On August 1, 
2011, the Commission investigative attorney filed a response to the 
Commission's notice.
    Having reviewed the record to the investigation including all 
relevant submissions, the Commission has determined that the 
appropriate form of remedy is a general exclusion order. The general 
exclusion order prohibits the unlicensed entry of coaxial cable 
connectors and components thereof and products containing the same that 
infringe claim 1 and/or 5 of the `257 patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude 
issuance of the general exclusion order. Finally, the Commission 
determined that the amount of bond during the Presidential review 
period (19 U.S.C. 1337(j)) shall be in the amount of thirteen (13) 
cents per coaxial connector of the defaulting respondents--Hanjiang Fei 
Yu Electronics Equipment Factory of China, Zhongguang Electronics of 
China, Yangzhou Zhongguang Electronics Co. of China, and Yangzhou 
Zhongguang Foreign Trade Co. Ltd. of China. A bond in the amount of 
zero is required for any other coaxial cable connector or component 
thereof or product containing the same covered by the general exclusion 
order. The Commission's order was delivered to the President and the 
United States Trade Representative on the day of its issuance.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

     Issued: September 13, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-23894 Filed 9-16-11; 8:45 am]
BILLING CODE 7020-02-P
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