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]
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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 (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 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, 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
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 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
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]
=======================================================================
-----------------------------------------------------------------------
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 (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 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, 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 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
