Certain Toner Cartridges and Components Thereof; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 40506-40507 [2013-16092]
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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 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 February 27, 2012, based upon a
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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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
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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
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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:
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17:06 Jul 03, 2013
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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.
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[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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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 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
