Certain Ink Cartridges and Components Thereof; Modification of Remedial Orders and Termination of Consolidated Advisory Opinion and Modification Proceedings, 23753-23754 [2012-9505]
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices
of all persons, or their representatives,
who are parties to the investigations.
Background
On March 1, 2012, a petition was filed
with the Commission and Commerce by
Elkay Manufacturing Company, Oak
Brook, IL, alleging that an industry in
the United States is materially injured
or threatened with material injury by
reason of LTFV imports of drawn
stainless sinks and subsidized imports
of drawn stainless sinks from China.
Accordingly, effective March 1, 2012,
the Commission instituted
countervailing duty investigation No.
701–TA–489 and antidumping duty
investigation No. 731–TA–1201
(Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of March 7, 2012 (77
FR 13631). The conference was held in
Washington, DC, on March 22, 2012,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these investigations to
the Secretary of Commerce on April 16,
2012. The views of the Commission are
contained in USITC Publication 4317
(April 2012), entitled Drawn Stainless
Steel Sinks from China: Investigation
Nos. 701–TA–489 and 731–TA–1201
(Preliminary).
By order of the Commission.
Issued: April 17, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–9590 Filed 4–19–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–565]
tkelley on DSK3SPTVN1PROD with NOTICES
Certain Ink Cartridges and
Components Thereof; Modification of
Remedial Orders and Termination of
Consolidated Advisory Opinion and
Modification Proceedings
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has modified the general
exclusion order and a cease and desist
SUMMARY:
VerDate Mar<15>2010
18:17 Apr 19, 2012
Jkt 226001
order to cover components of ink
cartridges and terminated the abovecaptioned consolidated advisory
opinion and modification proceedings.
FOR FURTHER INFORMATION CONTACT:
Michael Haldenstein, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3041. Copies of all nonconfidential
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 (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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the underlying
investigation in this matter on March
23, 2006, based on a complaint filed by
Epson Portland, Inc. of Oregon; Epson
America, Inc. of California; and Seiko
Epson Corporation of Japan (collectively
‘‘Epson’’). 71 FR 14720 (March 23,
2006). The complaint, as amended,
alleged violations of section 337 of the
Tariff Act of 1930 (‘‘section 337’’) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain ink cartridges and components
thereof by reason of infringement of
claim 7 of U.S. Patent No. 5,615,957;
claims 18, 81, 93, 149, 164 and 165 of
U.S. Patent No. 5,622,439; claims 83 and
84 of U.S. Patent No. 5,158,377; claims
19 and 20 of U.S. Patent No. 5,221,148;
claims 29, 31, 34 and 38 of U.S. Patent
No. 5,156,472; claim 1 of U.S. Patent
No. 5,488,401; claims 1–3 and 9 of U.S.
Patent No. 6,502,917; claims 1, 31 and
34 of U.S. Patent No. 6,550,902; claims
1, 10 and 14 of U.S. Patent No.
6,955,422; claim 1 of U.S. Patent No.
7,008,053; and claims 21, 45, 53 and 54
of U.S. Patent No. 7,011,397. The
complaint further alleged that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complainants requested that
the Commission issue a general
exclusion order and cease and desist
orders. The Commission named as
respondents 24 companies located in
China, Germany, Hong Kong, Korea, and
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
23753
the United States. Several respondents
were terminated from the investigation
on the basis of settlement agreements or
consent orders or were found in default.
On March 30, 2007, the presiding
administrative law judge (ALJ) issued a
final ID in the investigation finding a
violation of section 337 with respect to
certain respondents. He found the
asserted claims valid and infringed by
certain respondents’ products. He
recommended issuance of a general
exclusion order, limited exclusion
order, and cease and desist orders
directed to certain respondents and
bond in the amount of $13.60 per
cartridge during the Presidential review
period.
On October 19, 2007, after review, the
Commission made its final
determination in the investigation,
finding a violation of section 337. The
Commission issued a general exclusion
order, limited exclusion order, and
cease and desist orders directed to
several domestic respondents. The
Commission also determined that the
public interest factors enumerated in 19
U.S.C. 1337(d), (f), and (g) did not
preclude issuance of the aforementioned
remedial orders, and that the bond
during the Presidential review period
would be $13.60 per cartridge for
covered ink cartridges.
On December 13, 2010, two
respondents in the underlying
investigation, Ninestar Technology Co.,
Ltd. and Ninestar Technology Company,
Ltd. (‘‘Ninestar U.S.’’) (collectively,
‘‘Ninestar’’), filed a request with the
Commission asking for institution of an
advisory opinion proceeding and a
petition for modification of the general
exclusion order and a cease and desist
order directed to Ninestar U.S. to
indicate that certain design-around ink
cartridges are not covered by the
Commission’s orders. On February 3,
2011, Epson filed a petition for
modification of the general exclusion
order and the cease and a desist order
issued to Ninestar U.S. to indicate that
components of certain ink cartridges are
covered by the orders. Epson asked that
the requested proceedings be
consolidated along with the advisory
opinion proceeding requested by
Ninestar and assigned to an
administrative law judge (ALJ). On
March 18, 2011, the Commission
instituted the requested consolidated
advisory opinion and modification
proceedings.
On February 8, 2012, Epson and
Ninestar filed a joint motion asking the
Commission to terminate the advisory
opinion and modification proceedings
requested by Ninestar based upon a
settlement agreement reached by
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23754
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices
Ninestar and Epson. On February 14,
2012, the ALJ issued an initial
determination (ID) granting the joint
motion. No petitions for review of the ID
were filed.
On February 8, 2012, Epson filed a
motion for summary determination with
respect to Epson’s petition for
modification of the remedial orders. On
February 13, 2012, Ninestar filed a nonopposition to Epson’s motion. On
February 21, 2012, the ALJ issued a
Recommendation on Modification of the
Remedial Orders. Based on undisputed
facts and the arguments of Epson and
Ninestar, the ALJ recommended
modifying the general exclusion order
and cease and desist order to include
components of ink cartridges.
The Commission has determined to
adopt the ALJ’s recommendation and
modify the general exclusion order and
the cease and desist order issued to
Ninestar U.S. to include components of
ink cartridges, as well as ink cartridges.
The consolidated advisory and
modification proceedings are
terminated.
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 210.76 and 210.79 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.76, 210.79).
SOUTH AFRICA, have been added as
parties to this venture.
Also, MBC Group, Dubai, UNITED
ARAB EMIRATES; National
Geographical-Intelligence Agency,
Herndon, VA; SAIC, McLean, VA;
Toshiba, Wayne, NJ; John Footen
(individual member), Lansdowne, VA;
Robert Gummesson (individual
member), London, UNITED KINGDOM;
Gwynne McConkey (individual
member), Leonia, NJ; and Salvador Villa
Vidaler, Madrid, SPAIN, have
withdrawn as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and Advanced
Media Workflow Association, Inc.
intends to file additional written
notifications disclosing all changes in
membership.
On March 28, 2000, Advanced Media
Workflow Association, Inc. filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on June 29, 2000 (65 FR 40127).
The last notification was filed with
the Department on December 21, 2011.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on January 20, 2012 (77 FR 3007).
By Order of the Commission.
Issued: April 16, 2012.
James R. Holbein,
Secretary to the Commission.
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2012–9505 Filed 4–19–12; 8:45 am]
BILLING CODE P
[FR Doc. 2012–9523 Filed 4–19–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Antitrust Division
Antitrust Division
tkelley on DSK3SPTVN1PROD with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993; Advanced Media Workflow
Association, Inc.
Notice is hereby given that, on March
27, 2012, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Advanced Media
Workflow Association, Inc. has filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
changes in its membership. The
notifications were filed for the purpose
of extending the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances. Specifically,
Media-Alliance, Brescia, SPAIN; and
SuperSport, Randburg, Johannesburg,
VerDate Mar<15>2010
18:17 Apr 19, 2012
Jkt 226001
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—3D PDF Consortium, Inc.
Notice is hereby given that, on March
27, 2012, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), 3D PDF Consortium,
Inc. (‘‘3D PDF’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing (1) the identities
of the parties to the venture and (2) the
nature and objectives of the venture.
The notifications were filed for the
purpose of invoking the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances.
Pursuant to Section 6(b) of the Act,
the identities of the parties to the
venture are PROSTEP AG, Dolivostr,
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
Darmstadt, GERMANY; Adobe Systems
Incorporated, San Jose, CA; Anark
Corporation, Boulder, CO; Aras
Corporation, Andover, MA; Tetra 4D,
LLC, Seattle, WA; Tech Soft 3D,
Berkeley, CA; and EOS Solutions
Corporation, Rochester, MI.
The general areas of 3D PDF’s
planned activity are (a) to demonstrate
the value and promote the use of
products complying with standards
enabling three dimensional
representation, such as 3D PDF, the PRC
data format, and PDF/E 2.0
(‘‘Specifications’’); (b) to communicate
information regarding the updating and
the development of existing and
additional Specifications beneficial to
providers and consumers of three
dimensional rendering solutions; and (c)
to educate international standards
committees and government bodies
about the needs of developers and users
of Specification-compliant products and
services.
In support of these purposes, 3D PDF
may engage in some or all of the
following activities: (a) Host committees
that develop materials in support of 3D
PDF’s mission; (b) operate a branding
program based upon distinctive
trademarks to create high customer
awareness of, demand for, and
confidence in products designed in
compliance with Specifications; (c)
create printed and electronic materials
for distribution to members and nonmembers; (d) maintain its own Web site;
(e) coordinate the promotion of
Specifications among members and nonmembers, as well as create basic
marketing promotional collateral (e.g.,
both web pages as well as tangible
materials); (f) maintain relations with
standard-setting organizations and
industry consortia to promote coherence
among Specifications; and (g) undertake
such other activities as the Board of
Directors may from time to time
approve. 3D PDF is not engaged in and
does not intend to engage in production
activities.
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2012–9521 Filed 4–19–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—OpenSAF Foundation
Notice is hereby given that, on March
30, 2012, pursuant to Section 6(a) of the
E:\FR\FM\20APN1.SGM
20APN1
]]>Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23753-23754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9505]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-565]
Certain Ink Cartridges and Components Thereof; Modification of
Remedial Orders and Termination of Consolidated Advisory Opinion and
Modification Proceedings
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has modified the general exclusion order and a cease and
desist order to cover components of ink cartridges and terminated the
above-captioned consolidated advisory opinion and modification
proceedings.
FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3041. Copies of all
nonconfidential 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 (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 the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation in this matter on March 23, 2006, based on a complaint
filed by Epson Portland, Inc. of Oregon; Epson America, Inc. of
California; and Seiko Epson Corporation of Japan (collectively
``Epson''). 71 FR 14720 (March 23, 2006). The complaint, as amended,
alleged violations of section 337 of the Tariff Act of 1930 (``section
337'') in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain ink cartridges and components thereof by reason of infringement
of claim 7 of U.S. Patent No. 5,615,957; claims 18, 81, 93, 149, 164
and 165 of U.S. Patent No. 5,622,439; claims 83 and 84 of U.S. Patent
No. 5,158,377; claims 19 and 20 of U.S. Patent No. 5,221,148; claims
29, 31, 34 and 38 of U.S. Patent No. 5,156,472; claim 1 of U.S. Patent
No. 5,488,401; claims 1-3 and 9 of U.S. Patent No. 6,502,917; claims 1,
31 and 34 of U.S. Patent No. 6,550,902; claims 1, 10 and 14 of U.S.
Patent No. 6,955,422; claim 1 of U.S. Patent No. 7,008,053; and claims
21, 45, 53 and 54 of U.S. Patent No. 7,011,397. The complaint further
alleged that an industry in the United States exists as required by
subsection (a)(2) of section 337. The complainants requested that the
Commission issue a general exclusion order and cease and desist orders.
The Commission named as respondents 24 companies located in China,
Germany, Hong Kong, Korea, and the United States. Several respondents
were terminated from the investigation on the basis of settlement
agreements or consent orders or were found in default.
On March 30, 2007, the presiding administrative law judge (ALJ)
issued a final ID in the investigation finding a violation of section
337 with respect to certain respondents. He found the asserted claims
valid and infringed by certain respondents' products. He recommended
issuance of a general exclusion order, limited exclusion order, and
cease and desist orders directed to certain respondents and bond in the
amount of $13.60 per cartridge during the Presidential review period.
On October 19, 2007, after review, the Commission made its final
determination in the investigation, finding a violation of section 337.
The Commission issued a general exclusion order, limited exclusion
order, and cease and desist orders directed to several domestic
respondents. The Commission also determined that the public interest
factors enumerated in 19 U.S.C. 1337(d), (f), and (g) did not preclude
issuance of the aforementioned remedial orders, and that the bond
during the Presidential review period would be $13.60 per cartridge for
covered ink cartridges.
On December 13, 2010, two respondents in the underlying
investigation, Ninestar Technology Co., Ltd. and Ninestar Technology
Company, Ltd. (``Ninestar U.S.'') (collectively, ``Ninestar''), filed a
request with the Commission asking for institution of an advisory
opinion proceeding and a petition for modification of the general
exclusion order and a cease and desist order directed to Ninestar U.S.
to indicate that certain design-around ink cartridges are not covered
by the Commission's orders. On February 3, 2011, Epson filed a petition
for modification of the general exclusion order and the cease and a
desist order issued to Ninestar U.S. to indicate that components of
certain ink cartridges are covered by the orders. Epson asked that the
requested proceedings be consolidated along with the advisory opinion
proceeding requested by Ninestar and assigned to an administrative law
judge (ALJ). On March 18, 2011, the Commission instituted the requested
consolidated advisory opinion and modification proceedings.
On February 8, 2012, Epson and Ninestar filed a joint motion asking
the Commission to terminate the advisory opinion and modification
proceedings requested by Ninestar based upon a settlement agreement
reached by
[[Page 23754]]
Ninestar and Epson. On February 14, 2012, the ALJ issued an initial
determination (ID) granting the joint motion. No petitions for review
of the ID were filed.
On February 8, 2012, Epson filed a motion for summary determination
with respect to Epson's petition for modification of the remedial
orders. On February 13, 2012, Ninestar filed a non-opposition to
Epson's motion. On February 21, 2012, the ALJ issued a Recommendation
on Modification of the Remedial Orders. Based on undisputed facts and
the arguments of Epson and Ninestar, the ALJ recommended modifying the
general exclusion order and cease and desist order to include
components of ink cartridges.
The Commission has determined to adopt the ALJ's recommendation and
modify the general exclusion order and the cease and desist order
issued to Ninestar U.S. to include components of ink cartridges, as
well as ink cartridges. The consolidated advisory and modification
proceedings are terminated.
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 210.76 and 210.79 of the Commission's Rules of Practice and
Procedure (19 CFR 210.76, 210.79).
By Order of the Commission.
Issued: April 16, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9505 Filed 4-19-12; 8:45 am]
BILLING CODE P
