Certain Toner Cartridges and Components Thereof; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 40506-40507 [2013-16092]

Download as PDF 40506 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices would conduct an expedited review (78 FR 31576, May 24, 2013). The Commission transmitted its determination in this investigation to the Secretary of Commerce on June 28, 2013. The views of the Commission are contained in USITC Publication 4410 (June 2013), entitled Sodium Hexametaphosphate from China: Investigation No. 731–TA–1110 (Review). By order of the Commission. Issued: June 28, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–16093 Filed 7–3–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–829] Certain Toner Cartridges and Components Thereof; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation 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 (‘‘GEO’’) and cease and desist orders (‘‘CDOs’’) in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2392. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 February 27, 2012, based upon a tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 complaint filed on behalf of Canon, Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Lake Success, New York; and Canon Virginia, Inc. of Newport News, Virginia (collectively, ‘‘Canon’’) on January 23, 2012. 77 FR 11586 (Feb. 27, 2012). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) in the sale for importation, importation, or sale after importation of certain toner cartridges and components thereof that infringe one or more of claims 128–130, 132–133 and 139–143 of U.S. Patent Nos. 5,903,803 (‘‘the ’803 patent’’) or claims 24–30 of U.S. Patent No. 6,128,454 (‘‘the ’454 patent’’). The notice of investigation named thirty-four respondents. On August 30, 2012, the ALJ issued an initial determination finding the following sixteen respondents in default: Shanghai Orink Infotech International Co., Ltd. of Shanghai, China; Orink Infotech International Co., Ltd. of Hong Kong, China; Zhuhai Rich Imaging Technology Co., Ltd. of Guangdong, China; Standard Image Co., Ltd. (a/k/a Shanghai Orink Co., Ltd.) of Shanghai, China; Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. (d/b/a Huebon Co., Ltd., d/b/ a Ink-Tank) of Guangdong, China; Standard Image USA, Inc. (d/b/a Imaging Standard Inc.) of Santa Ana, California; Printronic Corporation (d/b/ a Printronic.com, d/b/a InkSmile.com) of Santa Ana, California; Nukote, Inc. of Plano, Texas; Acecom, Inc.—San Antonio (d/b/a InkSell.com) of San Antonio, Texas; Do It Wiser LLC (d/b/ a Image Toner) of Marietta, Georgia; EMax Group, Inc. (d/b/a Databazaar.com) of Miramar, Florida; IJSS Inc. (d/b/a TonerZone.com, d/b/a InkJetSuperstore.com) of Los Angeles, California; Imaging Resources LLC of Chatsworth, California; Ink Technologies Printer Supplies, LLC of Dayton, Ohio; SupplyBuy.com, Inc. of Nashville, Tennessee; and Zinyaw LLC (d/b/a TonerPirate.com) of Houston, Texas. Order No. 14 (nonreviewed October 2, 2012). On October 10, 2012, the ALJ issued an ID granting Canon’s unopposed motion to withdraw the complaint as to respondent, Nukote Internacional de Mexico, S.A. de C.V. of Neuva Leon, Mexico and thereby to terminate this respondent from the investigation. Order No. 17 (nonreviewed Nov. 14, 2012). The remaining respondents were terminated from the investigation on the basis of consent orders: Clover Holdings, Inc.; Clover Technologies Group LLC; Clover Vietnam Co., Ltd.; Dataproducts USA, LLC; Dataproducts PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 Imaging Solutions S.A. de C.V.; CAU Acquisition Co., LLC (d/b/a Cartridges Are Us); Atman, Inc. (d/b/a pcRUSH.com); Dexxxon Digital Storage, Inc.; Discount Office Items, Inc. and Deal Express LLC (d/b/a Discount Office Items); Green Project, Inc.; GreenLine Paper Co., Inc.; Myriad Greeyn LLC; Office World Inc. and OfficeWorld.com, Inc.; OnlineTechStores.com, Inc. (d/b/a SuppliesOutlet.com); and Virtual Imaging Products, Inc. Order No. 8 (nonreviewed July 16, 2012); Order No. 12 (nonreviewed Aug. 10, 2012); Order No. 18 (nonreviewed Nov. 14, 2012); Order No. 19 (nonreviewed Nov. 14, 2012); Order No. 20 (nonreviewed Nov. 14, 2012); Order No. 22 (nonreviewed Dec. 13, 2012). Accordingly, the only parties remaining active in this investigation are Canon and the Investigative Attorney (‘‘IA’’). On September 21, 2012, Canon filed a motion for summary determination that it satisfies the economic prong of the domestic industry requirement. On October 4, 2012, the IA submitted a response supporting the motion. On February 26, 2013, the ALJ issued an ID (Order No. 24), granting the motion. On March 25, 2013, the Commission determined not to review the ID. On November 16, 2012, Canon filed a motion for summary determination of violation with respect to the defaulting respondents. On February 28, 2013, the ALJ issued his final initial determination on violation and recommendation on remedy (‘‘ID/RD’’), Order No. 25, granting the motion. The ALJ recommended issuance of a general exclusion order, issuance of cease and desist orders to the eleven defaulting domestic respondents, and the imposition of a bond of 100 percent of entered value during the period of Presidential review. On April 17, 2013, the Commission issued notice of its determination not to review the ALJ’s final determination on violation. The Commission has determined that the appropriate form of relief is the following: (1) A GEO under 19 U.S.C. 1337(d)(2), prohibiting the unlicensed entry of toner cartridges and components thereof that infringe one or more of claims 128–130, 132, 133 and 139–143 of the ’803 patent or claims 24– 30 of the ’454 patent; and (2) CDOs directed to defaulting domestic respondents Standard Image USA, Inc.; Printronic Corporation; Nukote, Inc.; Do It Wiser LLC; E-Max Group, Inc.; IJSS Inc.; Imaging Resources, LLC; Ink Technologies Printer Supplies LLC; SupplyBuy.com, Inc.; Zinyaw LLC; and Acecom Inc.—San Antonio; and defaulting foreign respondents Shanghai Orink Infotech International Co., Orink E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices Infotech International Co., Zhuhai Rich Imaging Technology Co., Ltd; Standard Image Co., Ltd; and Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. The Commission has further determined that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) do not preclude issuance of the GEO and the CDOs. The Commission has determined that the bond for temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the order. The Commission’s orders were delivered to the President and the United States Trade Representative on the day of their 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 sections 210.42–50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–50). Issued: June 28, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–16092 Filed 7–3–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–13–016] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: July 10, 2013 at 11:00 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes 3. Ratification List 4. Vote in Inv. Nos. 731–TA–1105 and 1106 (Review) (Lemon Juice from Argentina and Mexico). The Commission is currently scheduled to complete and file its determinations and views on or before July 26, 2013. 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY HOLDING THE MEETING: VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 40507 Issued: July 1, 2013. By order of the Commission. William R. Bishop, Supervisory Hearings and Information Officer. Dated: June 28, 2013. Rosemary Hart, Special Counsel and Liaison to the Federal Register. [FR Doc. 2013–16260 Filed 7–2–13; 11:15 am] BILLING CODE 4410–40–P [FR Doc. 2013–16123 Filed 7–3–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employment and Training Administration DEPARTMENT OF JUSTICE Appendix B Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under United States Code by Attorneys in Larger Chapter 11 Cases; Correction Executive Office for United States Trustees, Justice. AGENCY: Notice of internal procedural guidelines; correction. ACTION: The Executive Office for United States Trustees published a notice of internal procedural guidelines in the Federal Register of June 17, 2013, concerning guidelines for reviewing applications for compensation and reimbursement of expenses filed by attorneys in larger chapter 11 cases with $50 million or more in assets and $50 million or more in liabilities, aggregated for jointly administered cases. The DATES caption of the June 17, 2013 notice established an effective date for the guidelines of November 1, 2013. However, the text of the guidelines contained an inconsistent reference to the effective date. This notice corrects that reference in the text to conform it to the controlling effective date of November 1, 2013. SUMMARY: Nan Roberts Eitel, Associate General Counsel for Chapter 11 Practice, Executive Office for United States Trustees, 441 G St. NW., Suite 6150, Washington, DC 20530. Correction: In the Federal Register of June 17, 2013, in FR Doc. 2013–14323, on page 36249, in the first column, correct numbered paragraph 3 to read: FOR FURTHER INFORMATION CONTACT: 3. The United States Trustees will use these Guidelines to review applications for compensation filed by attorneys employed under sections 327 or 1103 of the Code in all chapter 11 cases that meet the threshold and that are filed on or after November 1, 2013. The Guidelines generally will not apply to counsel retained as an ordinary course professional pursuant to appropriate court order or local rule (‘‘ordinary course professional’’), unless the professional is required to file a fee application under such court order or local rule. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 [TA–W–74,813A] Eastman Kodak Company, IPS, Including On-Site Leased Workers From Adecco, Dayton, Ohio; Notice of Termination of Certification This Notice terminates the Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance issued by the Department of Labor (Department) on March 19, 2013 for all workers of Eastman Kodak Company, IPS, including on-site leased workers from Adecco, Dayton, Ohio (TA–W–74, 813A). At the request of Eastman Kodak Company, the Department reviewed the certification applicable to workers of Eastman Kodak Company, IPS, Dayton, Ohio (TA–W–74, 813A). The review revealed that the amended certification was issued based on a misunderstanding of the article produced at the Dayton, Ohio facility and of the operations of Eastman Kodak Company. On April 25, 2013, the Department issued a Notice of Initiation of Investigation to Terminate Certification of Eligibility applicable to workers and former workers of Eastman Kodak Company, IPS, including on-site leased workers from Adecco, Dayton, Ohio. The Department’s Notice was published in the Federal Register on May 15, 2013. The Department has not received any responses to the Notice. Information provided by Eastman Kodak Company show that the Dayton, Ohio facility operates independently from the Spencerport, New York facility. Based on this information, the Department determines that workers and former workers of Eastman Kodak Company, IPS, Dayton, Ohio (TA–W– 74, 813A) were not affected by the shift in production to a foreign country which was the basis for the certification of workers and former workers at the firm’s Spencerport, New York facility (TA–W–74, 813). Consequently, the certification issued under investigation TA–W–74, 813A has been terminated. On March 26, 2013, the Department issued a Notice of Termination of E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40506-40507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16092]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-829]


Certain Toner Cartridges and Components Thereof; Issuance of 
General Exclusion Order and Cease and Desist Orders; Termination of 
Investigation

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 issue a general exclusion order (``GEO'') 
and cease and desist orders (``CDOs'') in the above-captioned 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 February 27, 2012, based upon a complaint filed on behalf of Canon, 
Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Lake Success, New York; and 
Canon Virginia, Inc. of Newport News, Virginia (collectively, 
``Canon'') on January 23, 2012. 77 FR 11586 (Feb. 27, 2012). The 
complaint alleged violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337) in the sale for importation, importation, 
or sale after importation of certain toner cartridges and components 
thereof that infringe one or more of claims 128-130, 132-133 and 139-
143 of U.S. Patent Nos. 5,903,803 (``the '803 patent'') or claims 24-30 
of U.S. Patent No. 6,128,454 (``the '454 patent''). The notice of 
investigation named thirty-four respondents.
    On August 30, 2012, the ALJ issued an initial determination finding 
the following sixteen respondents in default: Shanghai Orink Infotech 
International Co., Ltd. of Shanghai, China; Orink Infotech 
International Co., Ltd. of Hong Kong, China; Zhuhai Rich Imaging 
Technology Co., Ltd. of Guangdong, China; Standard Image Co., Ltd. (a/
k/a Shanghai Orink Co., Ltd.) of Shanghai, China; Zhuhai National 
Resources & Jingjie Imaging Products Co., Ltd. (d/b/a Huebon Co., Ltd., 
d/b/a Ink-Tank) of Guangdong, China; Standard Image USA, Inc. (d/b/a 
Imaging Standard Inc.) of Santa Ana, California; Printronic Corporation 
(d/b/a Printronic.com, d/b/a InkSmile.com) of Santa Ana, California; 
Nukote, Inc. of Plano, Texas; Acecom, Inc.--San Antonio (d/b/a 
InkSell.com) of San Antonio, Texas; Do It Wiser LLC (d/b/a Image Toner) 
of Marietta, Georgia; E-Max Group, Inc. (d/b/a Databazaar.com) of 
Miramar, Florida; IJSS Inc. (d/b/a TonerZone.com, d/b/a 
InkJetSuperstore.com) of Los Angeles, California; Imaging Resources LLC 
of Chatsworth, California; Ink Technologies Printer Supplies, LLC of 
Dayton, Ohio; SupplyBuy.com, Inc. of Nashville, Tennessee; and Zinyaw 
LLC (d/b/a TonerPirate.com) of Houston, Texas. Order No. 14 
(nonreviewed October 2, 2012).
    On October 10, 2012, the ALJ issued an ID granting Canon's 
unopposed motion to withdraw the complaint as to respondent, Nukote 
Internacional de Mexico, S.A. de C.V. of Neuva Leon, Mexico and thereby 
to terminate this respondent from the investigation. Order No. 17 
(nonreviewed Nov. 14, 2012).
    The remaining respondents were terminated from the investigation on 
the basis of consent orders: Clover Holdings, Inc.; Clover Technologies 
Group LLC; Clover Vietnam Co., Ltd.; Dataproducts USA, LLC; 
Dataproducts Imaging Solutions S.A. de C.V.; CAU Acquisition Co., LLC 
(d/b/a Cartridges Are Us); Atman, Inc. (d/b/a pcRUSH.com); Dexxxon 
Digital Storage, Inc.; Discount Office Items, Inc. and Deal Express LLC 
(d/b/a Discount Office Items); Green Project, Inc.; GreenLine Paper 
Co., Inc.; Myriad Greeyn LLC; Office World Inc. and OfficeWorld.com, 
Inc.; OnlineTechStores.com, Inc. (d/b/a SuppliesOutlet.com); and 
Virtual Imaging Products, Inc. Order No. 8 (nonreviewed July 16, 2012); 
Order No. 12 (nonreviewed Aug. 10, 2012); Order No. 18 (nonreviewed 
Nov. 14, 2012); Order No. 19 (nonreviewed Nov. 14, 2012); Order No. 20 
(nonreviewed Nov. 14, 2012); Order No. 22 (nonreviewed Dec. 13, 2012). 
Accordingly, the only parties remaining active in this investigation 
are Canon and the Investigative Attorney (``IA'').
    On September 21, 2012, Canon filed a motion for summary 
determination that it satisfies the economic prong of the domestic 
industry requirement. On October 4, 2012, the IA submitted a response 
supporting the motion. On February 26, 2013, the ALJ issued an ID 
(Order No. 24), granting the motion. On March 25, 2013, the Commission 
determined not to review the ID.
    On November 16, 2012, Canon filed a motion for summary 
determination of violation with respect to the defaulting respondents. 
On February 28, 2013, the ALJ issued his final initial determination on 
violation and recommendation on remedy (``ID/RD''), Order No. 25, 
granting the motion. The ALJ recommended issuance of a general 
exclusion order, issuance of cease and desist orders to the eleven 
defaulting domestic respondents, and the imposition of a bond of 100 
percent of entered value during the period of Presidential review. On 
April 17, 2013, the Commission issued notice of its determination not 
to review the ALJ's final determination on violation.
    The Commission has determined that the appropriate form of relief 
is the following: (1) A GEO under 19 U.S.C. 1337(d)(2), prohibiting the 
unlicensed entry of toner cartridges and components thereof that 
infringe one or more of claims 128-130, 132, 133 and 139-143 of the 
'803 patent or claims 24-30 of the '454 patent; and (2) CDOs directed 
to defaulting domestic respondents Standard Image USA, Inc.; Printronic 
Corporation; Nukote, Inc.; Do It Wiser LLC; E-Max Group, Inc.; IJSS 
Inc.; Imaging Resources, LLC; Ink Technologies Printer Supplies LLC; 
SupplyBuy.com, Inc.; Zinyaw LLC; and Acecom Inc.--San Antonio; and 
defaulting foreign respondents Shanghai Orink Infotech International 
Co., Orink

[[Page 40507]]

Infotech International Co., Zhuhai Rich Imaging Technology Co., Ltd; 
Standard Image Co., Ltd; and Zhuhai National Resources & Jingjie 
Imaging Products Co., Ltd.
    The Commission has further determined that the public interest 
factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) 
do not preclude issuance of the GEO and the CDOs. The Commission has 
determined that the bond for temporary importation during the period of 
Presidential review (19 U.S.C. 1337(j)) shall be in the amount of 100 
percent of the entered value of the imported articles that are subject 
to the order. The Commission's orders were delivered to the President 
and the United States Trade Representative on the day of their 
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 sections 210.42-50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-50).

    Issued: June 28, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-16092 Filed 7-3-13; 8:45 am]
BILLING CODE 7020-02-P