Certain Optical Disc Drives, Components Thereof, and Products Containing the Same; Institution of Investigation Pursuant to 19 U.S.C. 1337, 64009-64010 [2013-25114]
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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A and F (19 CFR part 207).
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.62 of the
Commission’s rules.
By order of the Commission.
Issued: October 22, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–25129 Filed 10–24–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–491–493, 495,
and 497 (Final)]
Frozen Warmwater Shrimp From
China, Ecuador, India, Malaysia, and
Vietnam
emcdonald on DSK67QTVN1PROD with NOTICES
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(Commission) determines, pursuant to
section 705(b) of the Tariff Act of 1930
(19 U.S.C. 1671d(b)) (the Act), that an
industry in the United States is not
materially injured or threatened with
material injury, and the establishment of
an industry in the United States is not
materially retarded by reason of imports
from China, Ecuador, India, Malaysia,
and Vietnam of frozen warmwater
shrimp, provided for in subheadings
0306.17.00, 1605.21.10, and 1605.29.10
of the Harmonized Tariff Schedule of
the United States, that have been found
by the Department of Commerce
(Commerce) to be subsidized by the
Governments of China, Ecuador, India,
Malaysia, and Vietnam.2
Background
The Commission instituted these
investigations effective December 28,
2012, following receipt of a petition
filed with the Commission and
Commerce by the Coalition of Gulf
Shrimp Industries, Biloxi, MS. The final
phase of the investigations was
scheduled by the Commission following
notification of preliminary
determinations by Commerce that
imports of frozen warmwater shrimp
from countries under investigation were
being subsidized within the meaning of
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Chairman Irving A. Williamson and
Commissioner Shara L. Aranoff dissenting.
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section 703(b) of the Act (19 U.S.C.
1671b(b)).3 Notice of the scheduling of
the final phase of the Commission’s
investigations and of a public hearing to
be held in connection therewith was
given by posting copies of the notice in
the Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register of June
13, 2013 (78 FR 35643). The hearing was
held in Washington, DC, on August 13,
2013, and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission completed and filed
its determinations in these
investigations on October 21, 2013.4 The
views of the Commission are contained
in USITC Publication 4429 (October
2013), entitled Frozen Warmwater
Shrimp from China, Ecuador, India,
Malaysia, and Vietnam: Investigation
Nos. 701–TA–491–493, 495, and 497
(Final).
Dated: October 21, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–25112 Filed 10–24–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–897]
Certain Optical Disc Drives,
Components Thereof, and Products
Containing the Same; Institution of
Investigation Pursuant to 19 U.S.C.
1337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
SUMMARY:
3 In its preliminary determinations, Commerce
found that imports of frozen warmwater shrimp
from Ecuador and Indonesia were not being and not
likely to be subsidized by the Governments of
Ecuador or Indonesia (78 FR 33342–33351, June 4,
2013). However, in its final determinations,
Commerce found imports of frozen warmwater
shrimp from Ecuador were being subsidized, but
that imports of frozen warmwater shrimp from
Thailand in addition to those from Indonesia were
not being and not likely to be subsidized by the
Governments of Indonesia and Thailand. Following
final negative determinations by Commerce with
respect to frozen warmwater shrimp from Indonesia
and Thailand (78 FR 50379–50394, August 19,
2013), the Commission terminated investigation
Nos. 701–TA–494 and 496 (78 FR 54912, September
6, 2013).
4 Due to the lapse in appropriations and ensuing
cessation of Commission operations, all import
injury investigations conducted under authority of
Title VII of the Tariff Act of 1930 have been tolled
by 16 days.
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64009
International Trade Commission on
September 3, 2013, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Optical
Devices, LLC of Peterborough, New
Hampshire. A letter supplementing the
complaint was filed on September 20,
2013. The complaint alleges violations
of section 337 based upon the
importation into the United States, the
sale for importation, and/or the sale
within the United States after
importation of certain optical disc
drives, components thereof, and
products containing the same by reason
of infringement of U.S. Patent No.
6,904,007 (‘‘the ‘007 patent’’); U.S.
Patent No. 7,196,979 (‘‘the ‘979 patent’’);
U.S. Patent No. 8,416,651 (‘‘the ‘651
patent’’); U.S. Patent No. RE40,927 (‘‘the
‘927 patent’’); U.S. Patent No. RE42,913
(‘‘the ‘913 patent’’); and U.S. Patent No.
RE43,681 (‘‘the ‘681 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
no. (202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (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.
FOR FURTHER INFORMATION CONTACT: The
Office of the Secretary, Docket Services
Division, U.S. International Trade
Commission, telephone (202) 205–1802.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2013).
Scope of investigation: Having
considered the complaint, the U.S.
E:\FR\FM\25OCN1.SGM
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emcdonald on DSK67QTVN1PROD with NOTICES
64010
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices
International Trade Commission, on
October 21, 2013, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain optical disc
drives, components thereof, and
products containing the same by reason
of infringement of one or more of claims
9–11, 13, 15, and 16 of the ‘007 patent;
claims 13 and 14 of the ‘979 patent;
claims 1–4, 9–12, 17, 21, 25, 29–31, 35,
and 36 of the ‘651 patent; claims 37–39
of the ‘927 patent; claims 51–53 of the
‘913 patent; and claims 54–59 and 65–
69 of the ‘681 patent, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant: Optical Devices,
LLC, 20 Depot Street, Suite 2A,
Peterborough, NH 03458.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Lenovo Group Ltd., 23rd Floor, Lincoln
House, Taikoo Place, 979 King’s
Road, Quarry Bay, Hong Kong.
Lenovo (United States) Inc., 1009 Think
Place, Morrisville, NC 27560.
LG Electronics, Inc., LG Twin Towers
20, Yoido-dong, Youngdungpo-gu,
Seoul, Republic of Korea 150–721.
LG Electronics U.S.A., Inc., 1000 Sylvan
Avenue, Englewood Cliffs, NJ
07632.
Nintendo Co., Ltd., 11–1 Hokotate-cho,
Kamitoba, Minami-ku, Kyoto 601–
8501, Japan.
Nintendo of America, Inc., 4600 150th
Avenue NE, Redmond, WA 98052–
5113.
Panasonic Corp., 1006, Oaza Kadoma,
Kadoma-shi, Osaka 571–8501,
Japan.
Panasonic Corporation of North
America, One Panasonic Way,
Secaucus, NJ 07094.
Samsung Electronics Co., Ltd., 1320–10,
Seocho 2-Dong, Seocho-Gu, Seoul
137–857, Republic of Korea.
Samsung Electronics America, Inc., 85
Challenger Road, Ridgefield Park,
NJ 07660.
Toshiba Corporation, 1–1, Shibaura
1-chome, Minato-ku, Tokyo 105–
8001, Japan.
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17:55 Oct 24, 2013
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Toshiba America Information Systems,
Inc., 9740 Irvine Boulevard, Irvine,
CA 92618.
MediaTek, Inc., No. 1, Dusing Road 1,
Hsinchu Science Park, Hsinchu City
30078, Taiwan.
MediaTek USA Inc., 2860 Junction
Avenue, San Jose, CA 95134.
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge. The Office of
Unfair Import Investigations will not
participate as a party in this
investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: October 21, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–25114 Filed 10–24–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Windshield Wipers and
Components Thereof, DN 2987; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing under
section 210.8(b) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.8(b)).
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Acting Secretary to the
Commission, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2000. The public version of the
complaint can be accessed on the
Commission’s Electronic Document
Information System (EDIS) at EDIS 1,
and 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 United
States International Trade Commission
(USITC) at USITC 2. The public record
for this investigation may be viewed on
the Commission’s Electronic Document
Information System (EDIS) at EDIS 3.
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 has received a complaint
and a submission pursuant to section
210.8(b) of the Commission’s Rules of
Practice and Procedure filed on behalf
of Trico Products Corporation on
October 21, 2013. The complaint alleges
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain windshield wipers and
components thereof. The complaint
names as respondents Federal-Mogul
Corporation of Southfield, MI and
Federal Mogul S.A. of Belgium. The
complainant requests that the
Commission issue a limited exclusion
order, and cease and desist orders.
Proposed respondents, other
interested parties, and members of the
SUMMARY:
1 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
2 United States International Trade Commission
(USITC): https://edis.usitc.gov.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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Agencies
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64009-64010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25114]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-897]
Certain Optical Disc Drives, Components Thereof, and Products
Containing the Same; Institution of Investigation Pursuant to 19 U.S.C.
1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 3, 2013, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Optical Devices, LLC of Peterborough, New Hampshire. A letter
supplementing the complaint was filed on September 20, 2013. The
complaint alleges violations of section 337 based upon the importation
into the United States, the sale for importation, and/or the sale
within the United States after importation of certain optical disc
drives, components thereof, and products containing the same by reason
of infringement of U.S. Patent No. 6,904,007 (``the `007 patent'');
U.S. Patent No. 7,196,979 (``the `979 patent''); U.S. Patent No.
8,416,651 (``the `651 patent''); U.S. Patent No. RE40,927 (``the `927
patent''); U.S. Patent No. RE42,913 (``the `913 patent''); and U.S.
Patent No. RE43,681 (``the `681 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112, Washington,
DC 20436, telephone no. (202) 205-2000. Hearing impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(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.
FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket
Services Division, U.S. International Trade Commission, telephone (202)
205-1802.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2013).
Scope of investigation: Having considered the complaint, the U.S.
[[Page 64010]]
International Trade Commission, on October 21, 2013, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain optical disc
drives, components thereof, and products containing the same by reason
of infringement of one or more of claims 9-11, 13, 15, and 16 of the
`007 patent; claims 13 and 14 of the `979 patent; claims 1-4, 9-12, 17,
21, 25, 29-31, 35, and 36 of the `651 patent; claims 37-39 of the `927
patent; claims 51-53 of the `913 patent; and claims 54-59 and 65-69 of
the `681 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant: Optical Devices, LLC, 20 Depot Street, Suite
2A, Peterborough, NH 03458.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Lenovo Group Ltd., 23rd Floor, Lincoln House, Taikoo Place, 979 King's
Road, Quarry Bay, Hong Kong.
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27560.
LG Electronics, Inc., LG Twin Towers 20, Yoido-dong, Youngdungpo-gu,
Seoul, Republic of Korea 150-721.
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632.
Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-
8501, Japan.
Nintendo of America, Inc., 4600 150th Avenue NE, Redmond, WA 98052-
5113.
Panasonic Corp., 1006, Oaza Kadoma, Kadoma-shi, Osaka 571-8501, Japan.
Panasonic Corporation of North America, One Panasonic Way, Secaucus, NJ
07094.
Samsung Electronics Co., Ltd., 1320-10, Seocho 2-Dong, Seocho-Gu, Seoul
137-857, Republic of Korea.
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park,
NJ 07660.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001,
Japan.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard,
Irvine, CA 92618.
MediaTek, Inc., No. 1, Dusing Road 1, Hsinchu Science Park, Hsinchu
City 30078, Taiwan.
MediaTek USA Inc., 2860 Junction Avenue, San Jose, CA 95134.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge. The Office of Unfair Import
Investigations will not participate as a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: October 21, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-25114 Filed 10-24-13; 8:45 am]
BILLING CODE 7020-02-P