Issuance of General Exclusion Order; Termination of Investigation, 36334-36335 [2014-14945]

Download as PDF 36334 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: June 20, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–14943 Filed 6–25–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 337–TA–867/861 (Consolidated)] Issuance of General Exclusion Order; 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’’) in this investigation. The investigation is terminated. SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3042. 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 Inv. No. 337– 5 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Mar<15>2010 16:51 Jun 25, 2014 Jkt 232001 TA–861 on November 16, 2012, based on a complaint filed by Speculative Product Design, LLC of Mountain View, California (‘‘Speck’’). 77 FR 68828 (Nov. 16, 2012). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, (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 cases for portable electronic devices by reason of infringement of various claims of United States Patent No. 8,204,561 (‘‘the ’561 patent’’). The complaint named several respondents. The Commission instituted Inv. No. 337–TA–867 on January 31, 2013, based on a complaint filed by Speck. 78 FR 6834 (Jan. 31, 2013). That complaint also alleged 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 cases for portable electronic devices by reason of infringement of various claims of the ’561 patent. The complaint named several additional respondents. On January 31, 2013, the Commission consolidated the two investigations. Id. All of the respondents that participated in the investigation were terminated from the investigation. Specifically, respondents JWIN Electronics Corp., d/b/a iLuv of Port Washington, New York and Fellowes, Inc. of Itasca, Illinois were terminated from the investigation based upon settlement agreements. Respondents Project Horizon, Inc., d/b/a/ InMotion Entertainment of Jacksonville, Florida and En Jinn Industrial Co., Ltd. of New Taipei City, Taiwan were terminated from the investigation based upon consent order stipulations. Respondents Superior Communications, Inc. of Irwindale, California and Shengda Huanqiu Shijie of Shenzhen, China were terminated from the investigation based upon withdrawal of allegations pertaining to them from the complaint. Respondent Jie Sheng Technology of Tainan City, Taiwan was terminated from the investigation based upon amendment to the complaint and notice of investigation. Respondent Body Glove International, LLC of Redondo Beach, California was terminated from the investigation based upon a finding that it had committed no acts in violation of section 337. The following respondents were found in default: Anbess Electronics Co. Ltd. of Shenzhen, China; ROCON Digital Technology Corp. of Shenzhen, China; Trait Technology (Shenzhen) Co., Ltd. of Shenzhen, China; Hongkong Wexun PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 Ltd. of Guangdong, China; SW-Box.com (aka Cellphonezone Limited) of Sheung Wan, Hong Kong; and Global Digital Star Industry, Ltd. of Shenzhen City, China. Accordingly, the only parties remaining active in this investigation are Speck and the Commission investigative attorney (‘‘IA’’). On August 19, 2013, Speck filed a motion for summary determination that it has satisfied the domestic industry requirement under sections 337(a)(3)(A), (B), and (C) (not including licensing). On August 19, 2013, the IA filed a response in support of Speck’s motion that it has satisfied the domestic industry requirement under section 337(a)(3)(C). On September 10, 2013, the ALJ issued an ID (Order No 15) granting Speck’s motion in part. Specifically, the ALJ found that Speck established a domestic industry for the ’561 patent under section 337(a)(3)(C). On October 23, 2013, the Commission determined not to review the ID. On September 30, 2013, the ALJ granted a motion by Speck to terminate the investigation as to claims 1–3, 6–8, 10, and 12–16 of the ’561 patent. On November 11, 2013, the Commission determined not to review. Thus, claims 4, 5, 9, and 11 remain pending in the investigation. On November 15, 2013, Speck filed a motion for summary determination of violation with respect to the defaulting respondents. On November 26, 2013, the IA filed a response in support of Speck’s motion. On February 21, 2014, the presiding ALJ issued his final initial determination on violation and recommendation on remedy (‘‘ID/RD’’), Order No. 28, granting the motion. The ALJ recommended issuance of a general exclusion order and the imposition of a bond of 100 percent of entered value during the period of Presidential review. On April 8, 2014, the Commission issued notice of its determination not to review the ALJ’s final determination on violation. 79 Fed. Reg. 20228–30 (Apr. 11, 2014). The Commission has determined that the appropriate form of relief is a GEO under 19 U.S.C. § 1337(d)(2), prohibiting the unlicensed entry of cases for portable electronic devices covered by one or more claims 4, 5, 9, and 11 of U.S. Patent No. 8,204,561 (‘‘the ’561 patent’’). The Commission has further determined that the public interest factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of the GEO. 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 E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 20, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–14945 Filed 6–25–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of the Secretary Authority: 44 U.S.C. 3507(a)(1)(D). Agency Information Collection Activities; Submission for OMB Review; Comment Request; Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor ACTION: Notice. The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) revision titled, ‘‘Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before July 28, 2014. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201406-1250-002 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or sending an email to DOL_ PRA_PUBLIC@dol.gov. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:51 Jun 25, 2014 Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL– OFCCP, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202–395–6881 (this is not a toll-free number); or by email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email to DOL_PRA_PUBLIC@dol.gov. Jkt 232001 This ICR seeks approval under the PRA for revisions to the Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor, Form CC–4, that an individual prepares to allege illegal discrimination by a Federal contractor or subcontractor under any OFCCP administered program. This information collection has been classified as a revision, because the OFCCP has made several changes to Form CC–4 to clarify information sought and otherwise shorten and simplify the form. Rehabilitation Act of 1973 section 503, 29 U.S.C. 793; Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. 4212; and E.O. 11246, Equal Employment Opportunity, As Amended section 206 authorize this information collection. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1250–0002. The current approval is scheduled to expire on June 30, 2014; however, the DOL notes that SUPPLEMENTARY INFORMATION: PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 36335 existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on February 5, 2014 (79 FR 6924). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1250– 0002. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–OFCCP. Title of Collection: Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor. OMB Control Number: 1250–0002. Affected Public: Individuals or Households. Total Estimated Number of Respondents: 747. Total Estimated Number of Responses: 747. Total Estimated Annual Time Burden: 747 hours. Total Estimated Annual Other Costs Burden: $52. Dated: June 20, 2014. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2014–14978 Filed 6–25–14; 8:45 am] BILLING CODE 4510–CM–P E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Notices]
[Pages 36334-36335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14945]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 337-TA-867/861 (Consolidated)]


Issuance of General Exclusion Order; 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'') 
in this investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. 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 Inv. No. 337-TA-
861 on November 16, 2012, based on a complaint filed by Speculative 
Product Design, LLC of Mountain View, California (``Speck''). 77 FR 
68828 (Nov. 16, 2012). The complaint alleged violations of section 337 
of the Tariff Act of 1930, as amended, (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 cases for 
portable electronic devices by reason of infringement of various claims 
of United States Patent No. 8,204,561 (``the '561 patent''). The 
complaint named several respondents.
    The Commission instituted Inv. No. 337-TA-867 on January 31, 2013, 
based on a complaint filed by Speck. 78 FR 6834 (Jan. 31, 2013). That 
complaint also alleged violations of section 337 of the Tariff Act of 
1930 (19 U.S.C. Sec.  1337) in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain cases for portable electronic devices by reason 
of infringement of various claims of the '561 patent. The complaint 
named several additional respondents. On January 31, 2013, the 
Commission consolidated the two investigations. Id.
    All of the respondents that participated in the investigation were 
terminated from the investigation. Specifically, respondents JWIN 
Electronics Corp., d/b/a iLuv of Port Washington, New York and 
Fellowes, Inc. of Itasca, Illinois were terminated from the 
investigation based upon settlement agreements. Respondents Project 
Horizon, Inc., d/b/a/ InMotion Entertainment of Jacksonville, Florida 
and En Jinn Industrial Co., Ltd. of New Taipei City, Taiwan were 
terminated from the investigation based upon consent order 
stipulations. Respondents Superior Communications, Inc. of Irwindale, 
California and Shengda Huanqiu Shijie of Shenzhen, China were 
terminated from the investigation based upon withdrawal of allegations 
pertaining to them from the complaint. Respondent Jie Sheng Technology 
of Tainan City, Taiwan was terminated from the investigation based upon 
amendment to the complaint and notice of investigation. Respondent Body 
Glove International, LLC of Redondo Beach, California was terminated 
from the investigation based upon a finding that it had committed no 
acts in violation of section 337.
    The following respondents were found in default: Anbess Electronics 
Co. Ltd. of Shenzhen, China; ROCON Digital Technology Corp. of 
Shenzhen, China; Trait Technology (Shenzhen) Co., Ltd. of Shenzhen, 
China; Hongkong Wexun Ltd. of Guangdong, China; SW-Box.com (aka 
Cellphonezone Limited) of Sheung Wan, Hong Kong; and Global Digital 
Star Industry, Ltd. of Shenzhen City, China. Accordingly, the only 
parties remaining active in this investigation are Speck and the 
Commission investigative attorney (``IA'').
    On August 19, 2013, Speck filed a motion for summary determination 
that it has satisfied the domestic industry requirement under sections 
337(a)(3)(A), (B), and (C) (not including licensing). On August 19, 
2013, the IA filed a response in support of Speck's motion that it has 
satisfied the domestic industry requirement under section 337(a)(3)(C). 
On September 10, 2013, the ALJ issued an ID (Order No 15) granting 
Speck's motion in part. Specifically, the ALJ found that Speck 
established a domestic industry for the '561 patent under section 
337(a)(3)(C). On October 23, 2013, the Commission determined not to 
review the ID.
    On September 30, 2013, the ALJ granted a motion by Speck to 
terminate the investigation as to claims 1-3, 6-8, 10, and 12-16 of the 
'561 patent. On November 11, 2013, the Commission determined not to 
review. Thus, claims 4, 5, 9, and 11 remain pending in the 
investigation.
    On November 15, 2013, Speck filed a motion for summary 
determination of violation with respect to the defaulting respondents. 
On November 26, 2013, the IA filed a response in support of Speck's 
motion. On February 21, 2014, the presiding ALJ issued his final 
initial determination on violation and recommendation on remedy (``ID/
RD''), Order No. 28, granting the motion. The ALJ recommended issuance 
of a general exclusion order and the imposition of a bond of 100 
percent of entered value during the period of Presidential review. On 
April 8, 2014, the Commission issued notice of its determination not to 
review the ALJ's final determination on violation. 79 Fed. Reg. 20228-
30 (Apr. 11, 2014).
    The Commission has determined that the appropriate form of relief 
is a GEO under 19 U.S.C. Sec.  1337(d)(2), prohibiting the unlicensed 
entry of cases for portable electronic devices covered by one or more 
claims 4, 5, 9, and 11 of U.S. Patent No. 8,204,561 (``the '561 
patent'').
    The Commission has further determined that the public interest 
factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not 
preclude issuance of the GEO. 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

[[Page 36335]]

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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: June 20, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-14945 Filed 6-25-14; 8:45 am]
BILLING CODE 7020-02-P

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