Certain Ink Application Devices and Components Thereof and Methods of Using the Same Determination To Review in Part an Initial Determination Finding All Respondents in Default; Request for Submissions on Remedy, Public Interest, and Bonding as to Certain Respondents, 39733-39735 [2012-16430]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39733-39735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16430]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-832]


Certain Ink Application Devices and Components Thereof and 
Methods of Using the Same Determination To Review in Part an Initial 
Determination Finding All Respondents in Default; Request for 
Submissions on Remedy, Public Interest, and Bonding as to Certain 
Respondents

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the presiding 
administrative law judge's (``ALJ'') initial determination (``ID'') 
(Order No. 7) finding respondents T-Tech Tattoo Device Inc. of Ontario, 
Canada (``T-Tech''); Yiwu Beyond Tattoo Equipments Co., Ltd. of Yiwu

[[Page 39734]]

City, China (``Yiwu''); and Guangzhou Pengcheng Cosmetology Firm of 
Guangzhou, China (``Guangzhou'') in default.

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 March 6, 2012, based on a complaint filed by MT.Derm 
GmbH of Berlin, Germany and Nouveau Cosmetique USA Inc. of Orlando, 
Florida (collectively ``Complainants'') alleging violations of section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain ink 
application devices and components thereof and methods of using the 
same by reason of infringement of certain claims of U.S. Patent Nos. 
6,345,553 and 6,505,530. 77 FR 13351 (Mar. 6, 2012). The Commission's 
Notice of Investigation (``NOI'') named T-Tech, Yiwu, and Guangzhou as 
respondents. The Complaint was served on March 1, 2012. The Office of 
Unfair Import Investigations was named as a party.
    On April 16, 2012, Complainants filed a motion seeking a 
determination that respondents T-Tech, Yiwu, and Guangzhou be found in 
default based on their failure to respond to the Complaint and Notice 
of Investigation. On April 17, 2012, the Commission investigative 
attorney (``IA'') filed a response in support of the motion. On May 1, 
2012, the ALJ issued Order No. 5, ordering the respondents to show 
cause by close of business on May 16, 2012, why they should not be 
found in default. No responses were received.
    On May 31, 2012, the ALJ issued the subject ID, granting the motion 
for default pursuant to section 210.16(a)(1) of the Commission's Rules 
of Practice and Procedure (19 CFR 210.16(a)(1)). On June 6, 2012, T-
Tech submitted correspondence to the Commission stating that it had not 
received any prior communication from the Commission and arguing that 
the ID finding it in default should be reviewed. On June 7, 2012, the 
IA filed a Request for Extension of Time for Filing a Petition for 
Review of Order No. 7. The Chairman granted the motion on June 8, 2012. 
On June 13, 2012, the IA filed a petition for review of Order No. 7 as 
to the finding of default against T-Tech. In its petition, the IA notes 
that the FedEx shipping log indicates that the shipment containing the 
Complaint and NOI was incorrectly addressed and that it was redirected 
to another address, but was not received. The IA further notes that the 
FedEx shipping log indicates that on March 14, 2012, the shipment was 
intended to be returned to the Commission as undelivered, but that it 
was not returned, nor did FedEx notify the Commission of the delivery 
failure. On June 19, 2012, Complainants filed a response to the IA's 
petition.
    Having examined the record of this investigation, including the 
subject ID, T-Tech's correspondence, the petition for review, and the 
response thereto, the Commission has determined to review the subject 
ID in part, and, on review, to reverse the finding of default against 
T-Tech.
    The Commission has determined not to review the subject ID findings 
that Yiwu and Guangzhou are in default. Pursuant to section 337(g)(1) 
(19 U.S.C. 1337(g)(1)) and section 210.16(c) of the Commission's Rules 
of Practice and Procedure (19 CFR 210.16(c)), the Commission presumes 
the facts alleged in the complaint to be true with respect to Yiwu and 
Guangzhou.
    In connection with the final disposition of this investigation as 
to Yiwu and Guangzhou, 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 Certain Devices 
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, 
USITC Pub. No. 2843 (Commission Opinion at 7-10) (December 1994).
    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: The parties to the investigation, interested 
government agencies, and any other interested persons are encouraged to 
file written submissions on the issues of remedy, the public interest, 
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 July 13, 2012. Reply 
submissions must be filed no later than the close of business on July 
20, 2012. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper

[[Page 39735]]

copies to the Office of the Secretary by noon the next day pursuant to 
section 210.4(f) of the Commission's Rules of Practice and Procedure 
(19 CFR 210.4(f)). Submissions should refer to the investigation number 
(``Inv. No. 337-TA-832'') in a prominent place on the cover page and/or 
the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should 
contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 210.42-46 and 210.50).

     Issued: June 29, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-16430 Filed 7-3-12; 8:45 am]
BILLING CODE 7020-02-P