Certain Electronic Devices Having Placeshifting or Display Replication and Products Containing Same; Commission Determination Not To Review an Initial Determination Finding the Sole Remaining Respondent To Be in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 52211-52212 [2013-20428]

Download as PDF Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Notices No annual adjustment to the fee schedule would exceed five percent. When the annual change to the CPI–U results in an annual adjustment of more than five percent, we would add the portion of the adjustment exceeding five percent to the following year’s schedule. Each year we would publish the revised land-use fee schedule in the Federal Register by October 1, and the adjustments would become effective the following January 1. Jonathan B. Jarvis, Director, National Park Service. David Cottingham, Acting Director, U.S. Fish and Wildlife Service. Mike Pool, Acting Director, Bureau of Land Management. Thomas L. Tidwell, Chief, U.S. Forest Service. [FR Doc. 2013–20440 Filed 8–21–13; 8:45 am] BILLING CODE 4312–EJ–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–878] Certain Electronic Devices Having Placeshifting or Display Replication and Products Containing Same; Commission Determination Not To Review an Initial Determination Finding the Sole Remaining Respondent To Be in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 11) issued by the presiding administrative law judge (‘‘ALJ’’) on July 29, 2013, finding the last remaining respondent in this investigation to be in default. Accordingly, the Commission requests written submissions, under the schedule set forth below, on remedy, public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Robert Needham, 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 tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:07 Aug 21, 2013 Jkt 229001 Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (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 April 17, 2013, based on a complaint filed by Sling Media, Inc. (‘‘Sling’’). 78 FR 22899–900. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices having placeshifting or display replication functionality, and products containing same, by reason of infringement of certain claims of U.S. Patent Nos. 7,725,912; 7,877,776; 8,051,454; 8,060,909; 8,266,657; and 8,365,236. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named as respondents Belkin International, Inc. (‘‘Belkin’’); Monsoon Multimedia, Inc. (‘‘Monsoon’’); and C2 Microsystems, Inc. (‘‘C2’’). 78 FR 22899–900 (Apr. 17, 2013). The Office of Unfair Import Investigations is not participating in this investigation. Id. The Commission terminated the investigation with respect to Belkin based on a settlement agreement, and terminated the investigation with respect to Monsoon based upon default. See Order No. 4 (June 5, 2013), not reviewed July 5, 2013; see Order No. 7 (July 8, 2013), not reviewed Aug. 7, 2013. On June 26, 2013, Sling moved for an order directing C2 to show cause why it should not be found in default for failure to respond to the Complaint and Notice of Investigation, and, upon failure to show cause, for the issuance of an initial determination finding C2 in default. On July 11, 2013, the ALJ ordered C2 to show cause why it should not be found in default. See Order No. 9. No response to Order No. 9 was filed. On July 29, 2013, the ALJ issued the subject ID finding C2 in default under Commission Rule 210.16(a)(1). See Order No. 11. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. C2 is the sole remaining respondent in this investigation. Section 337(g)(1) PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 52211 and Commission Rule 210.16(c) authorize the Commission to order relief against a respondent found in default, unless, after considering the public interest, it finds that such relief should not issue. Sling did not file a declaration stating that it was seeking a general exclusion order as provided in Commission Rule 210.16(c)(2). In connection with the final disposition of this investigation, the Commission may: (1) Issue an order that could result in the exclusion of articles manufactured or imported by the defaulting respondents; and/or (2) issue a cease and desist order that could result in the defaulting respondents 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, Comm’n Op. 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 that the Commission will consider include the effect that the exclusion order and/or cease and desists 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 E:\FR\FM\22AUN1.SGM 22AUN1 tkelley on DSK3SPTVN1PROD with NOTICES 52212 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Notices concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Complainant is also requested to submit proposed remedial orders for the Commission’s consideration, to state the HTSUS numbers under which the accused products are imported, and to state the dates that the patents expire. Written submissions and proposed remedial orders must be filed no later than close of business on August 30, 2013. Reply submissions must be filed not later than the close of business on September 6, 2013. 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 deadline stated above and submit eight true paper copies to the Office of the Secretary 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–878’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://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 nonconfidential version of the document must also be filed simultaneously with any confidential filing. All nonconfidential 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). VerDate Mar<15>2010 17:07 Aug 21, 2013 Jkt 229001 Issued: August 16, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–20428 Filed 8–21–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–832] Certain Certain Ink Application Devices and Components Thereof and Methods of Using the Same; Commission Determination Not to Review an Initial Determination Finding Respondent T-Tech Tattoo Device Inc. in Default; Request for Submissions on Remedy, Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 5) finding respondent T-Tech Tattoo Device Inc. of Ontario, Canada (‘‘T-Tech’’) 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 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 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 SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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 Beyond Tattoo Equipments Co., Ltd. of Yiwu City, China (‘‘Yiwu’’); and Guangzhou Pengcheng Cosmetology Firm of Guangzhou, China (‘‘Guangzhou’’) as respondents. The Complaint was served on March 1, 2012. The Office of Unfair Import Investigations was named as a party. On June 29, 2012, the Commission determined not to review the portion of an ID (Order No. 7) finding Yiwu and Guanzhou Pengcheng in default pursuant to section 210.16 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16). Notice (June 29, 2012). On March 20, 2013, Complainants filed a motion for summary determination of violation of section 337 against T-Tech. On March 28, 2013, T-Tech filed an opposition to the motion, but did not dispute any of the facts in Complainants’ Statement of Undisputed Material Facts. On April 1, 2013, the Commission investigative attorney (‘‘IA’’) filed a response supporting the motion in part. On April 17, 2013, Complainants also filed a motion for an ID finding T-Tech in default pursuant to Commission Rule 210.17(e). On April 19, 2013, the ALJ issued Order No. 32, ordering T-Tech to show cause as to why it should not be found in default for failing to comply with deadlines set forth in the procedural schedule. On April 25, 2013, T-Tech filed an opposition to the motion. On April 29, 2013, the IA filed a response in support of the motion. On July 17, 2013, the ALJ issued the subject ID (Order No. 35), granting-inpart Complainants’ motion for summary determination of violation against TTech or, in the alternative, granting Complainants’ motion for an ID finding T-Tech in default pursuant to section 210.17 of the Commission’s Rules of Practice and Procedure (19 CFR 210.17). No party petitioned for review of the subject ID. The Commission has determined not to review the portion of the subject ID finding T-Tech in default pursuant to Commission Rule 210.17. Complainants are not seeking a general exclusion order under section 337(d)(2) (19 U.S.C. 337(d)(2)) or section 337(g)(2) (19 U.S.C. 1337(g)(2)). The Commission, therefore, finds the portion of the ID granting E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Notices]
[Pages 52211-52212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20428]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-878]


Certain Electronic Devices Having Placeshifting or Display 
Replication and Products Containing Same; Commission Determination Not 
To Review an Initial Determination Finding the Sole Remaining 
Respondent To Be in Default; Request for Written Submissions on Remedy, 
the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 11) issued by the presiding administrative law 
judge (``ALJ'') on July 29, 2013, finding the last remaining respondent 
in this investigation to be in default. Accordingly, the Commission 
requests written submissions, under the schedule set forth below, on 
remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, 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 (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 April 17, 2013, based on a complaint filed by Sling Media, Inc. 
(``Sling''). 78 FR 22899-900. The complaint alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain electronic devices having placeshifting or 
display replication functionality, and products containing same, by 
reason of infringement of certain claims of U.S. Patent Nos. 7,725,912; 
7,877,776; 8,051,454; 8,060,909; 8,266,657; and 8,365,236. The 
complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named as respondents Belkin 
International, Inc. (``Belkin''); Monsoon Multimedia, Inc. 
(``Monsoon''); and C2 Microsystems, Inc. (``C2''). 78 FR 22899-900 
(Apr. 17, 2013). The Office of Unfair Import Investigations is not 
participating in this investigation. Id.
    The Commission terminated the investigation with respect to Belkin 
based on a settlement agreement, and terminated the investigation with 
respect to Monsoon based upon default. See Order No. 4 (June 5, 2013), 
not reviewed July 5, 2013; see Order No. 7 (July 8, 2013), not reviewed 
Aug. 7, 2013.
    On June 26, 2013, Sling moved for an order directing C2 to show 
cause why it should not be found in default for failure to respond to 
the Complaint and Notice of Investigation, and, upon failure to show 
cause, for the issuance of an initial determination finding C2 in 
default. On July 11, 2013, the ALJ ordered C2 to show cause why it 
should not be found in default. See Order No. 9. No response to Order 
No. 9 was filed.
    On July 29, 2013, the ALJ issued the subject ID finding C2 in 
default under Commission Rule 210.16(a)(1). See Order No. 11. No 
petitions for review of the ID were filed. The Commission has 
determined not to review the subject ID.
    C2 is the sole remaining respondent in this investigation. Section 
337(g)(1) and Commission Rule 210.16(c) authorize the Commission to 
order relief against a respondent found in default, unless, after 
considering the public interest, it finds that such relief should not 
issue. Sling did not file a declaration stating that it was seeking a 
general exclusion order as provided in Commission Rule 210.16(c)(2).
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondents; 
and/or (2) issue a cease and desist order that could result in the 
defaulting respondents 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, Comm'n Op. 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 that the Commission will consider include the effect that the 
exclusion order and/or cease and desists 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

[[Page 52212]]

concerning the amount of the bond that should be imposed if a remedy is 
ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant is also requested to submit proposed remedial 
orders for the Commission's consideration, to state the HTSUS numbers 
under which the accused products are imported, and to state the dates 
that the patents expire.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on August 30, 2013. Reply submissions must 
be filed not later than the close of business on September 6, 2013. 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 deadline stated above and submit eight 
true paper copies to the Office of the Secretary 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-878'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://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 nonconfidential version of the document must also be filed 
simultaneously with any confidential filing. All nonconfidential 
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    Issued: August 16, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-20428 Filed 8-21-13; 8:45 am]
BILLING CODE 7020-02-P