Certain Wireless Headsets; Institution of Investigation Pursuant to 19 U.S.C. 1337, 1663-1664 [2015-00325]

Download as PDF Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Notices Brief Description of Collection: Submission of this information is required for Indian tribes to apply for, implement, reassume, or rescind a TERA that has been entered into in accordance with the Energy Policy Act of 2005 and 25 CFR 224. This collection also requires the tribe to notify the public of certain actions. A response is required to obtain a benefit. Type of Review: Extension without change of currently approved collection. Respondents: Federally recognized Indian tribes. Number of Respondents: 14. Frequency of Response: On occasion. Estimated Time per Response: Ranges from 32 hours to 1,080 hours. Estimated Total Annual Hour Burden: 10,752 hours. Estimated Total Non-hour Cost Burden: $48,200. Dated: January 7, 2015. Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2015–00388 Filed 1–12–15; 8:45 am] BILLING CODE 4310–G1–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–943] Certain Wireless Headsets; 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. International Trade Commission on December 8, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of One-E-Way, Inc. of Pasadena, California. A supplement was filed on December 24, 2014. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless headsets by reason of infringement of certain claims of U.S. Patent No. 7,865,258 (‘‘the ‘258 patent’’) and U.S. Patent No. 8,131,391 (‘‘the ‘391 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:10 Jan 12, 2015 Jkt 235001 The complaint, except for any confidential information contained therein, is avaiable 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 (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 Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 7, 2015, 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 wireless headsets by reason of infringement of one or more of claims 3, 4, 8, 10, and 11 of the ‘258 patent and claims 1–6 and 10 of the ‘391 patent, and whether an industry in the United States exists or is in the process of being established 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 is: One-E-Way, Inc., 3016 E. Colorado Boulevard #70848, Pasadena, CA 91107 (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: Sony Corporation, 1–7–1 Konan, Minato-ku, Tokyo 108–0075, Japan Sony Corporation of America, 550 Madison Avenue, New York, NY 10022 Sony Electronics, Inc., 16530 Via Esprillo, San Diego, CA 92127 ADDRESSES: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 1663 Sennheiser Electronic GmbH & Co. KG, Am Labor 1, 30900 Wedemark, Germany Sennheiser Electronic Corporation, 1 Enterprise Drive, Old Lyme, CT 06371 BlueAnt Wireless Pty, Ltd., 658 Church Street, Building 1, Level 4, Richmond, VIC 3121, Australia BlueAnt Wireless, Inc., 125 South Wacker Drive, Suite 300, Chicago, IL 60606 Creative Technology Ltd., 31 International Business Park, #03–01, Lobby C, Creative Resource, Singapore 609921 Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, CA 95035 Beats Electronics, LLC, 8501 Steller Drive, Culver City, CA 90232 Beats Electronics International Ltd., The Malt House South, Grand Canal Quay, Dublin 2, Ireland Jawbone, Inc., 99 Rhode Island Street, 3rd Floor, San Francisco, CA 94103, GN Netcom A/S d/b/a Jabra, Lautrupbjerg 7, Ballerup, K<benhavn, 2750, Denmark (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. 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. E:\FR\FM\13JAN1.SGM 13JAN1 1664 Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Notices 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 (2014). By order of the Commission. Issued: January 8, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–00325 Filed 1–12–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Summary of Commission Practice Relating to Administrative Protective Orders U.S. International Trade Commission. ACTION: Summary of Commission practice relating to administrative protective orders. AGENCY: Since February 1991, the U.S. International Trade Commission (‘‘Commission’’) has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (‘‘APOs’’) under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission’s rules including the rule on bracketing business proprietary information (‘‘BPI’’) (the ‘‘24-hour rule’’), 19 CFR 207.3(c). This notice provides a summary of breach investigations completed during calendar year 2013. This summary addresses four proceedings under section 337 of the Tariff Act of 1930. There were no breach investigations in title VII proceedings or rules violation investigations completed in 2013. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken. FOR FURTHER INFORMATION CONTACT: Carol McCue Verratti, Esq., Office of the General Counsel, U.S. International Trade Commission, telephone (202) 205–3088. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal at (202) 205–1810. General information asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:10 Jan 12, 2015 Jkt 235001 concerning the Commission can also be obtained by accessing its Web site (https://www.usitc.gov). SUPPLEMENTARY INFORMATION: Representatives of parties to investigations or other proceedings conducted under title VII of the Tariff Act of 1930, section 337 of the Tariff Act of 1930, the North American Free Trade Agreement (NAFTA) Article 1904.13, and safeguard-related provisions such as sections 202 of the Trade Act of 1974, may enter into APOs that permit them, under strict conditions, to obtain access to BPI (title VII) and confidential business information (‘‘CBI’’) (safeguard-related provisions and section 337) of other parties or nonparties. See, e.g., 19 U.S.C. 1677f; 19 CFR 207.7; 19 U.S.C. 1337(n); 19 CFR 210.5, 210.34; 19 U.S.C. 2252(i); 19 CFR 206.17; and 19 U.S.C. 1516a(g)(7)(A); 19 CFR 207.100, et. seq. The discussion below describes APO breach investigations that the Commission has completed during calendar year 2013, including a description of actions taken in response to these breaches. Since 1991, the Commission has published annually a summary of its actions in response to violations of Commission APOs and the 24-hour rule. See 56 FR 4846 (February 6, 1991); 57 FR 12335 (April 9, 1992); 58 FR 21991 (April 26, 1993); 59 FR 16834 (April 8, 1994); 60 FR 24880 (May 10, 1995); 61 FR 21203 (May 9, 1996); 62 FR 13164 (March 19, 1997); 63 FR 25064 (May 6, 1998); 64 FR 23355 (April 30, 1999); 65 FR 30434 (May 11, 2000); 66 FR 27685 (May 18, 2001); 67 FR 39425 (June 7, 2002); 68 FR 28256 (May 23, 2003); 69 FR 29972 (May 26, 2004); 70 FR 42382 (July 25, 2005); 71 FR 39355 (July 12, 2006); 72 FR 50119 (August 30, 2007); 73 FR 51843 (September 5, 2008); 74 FR 54071 (October 21, 2009); 75 FR 54071 (October 27, 2010), 76 FR 78945 (December 20, 2011), 77 FR 76518 (December 28, 2012), and 78 FR 79481 (December 30, 2013). This report does not provide an exhaustive list of conduct that will be deemed to be a breach of the Commission’s APOs. APO breach inquiries are considered on a case-by-case basis. As part of the effort to educate practitioners about the Commission’s current APO practice, the Commission Secretary issued in March 2005 a fourth edition of An Introduction to Administrative Protective Order Practice in Import Injury Investigations (Pub. No. 3755). This document is available upon request from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, tel. (202) 205–2000 and on the PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Commission’s Web site at https:// www.usitc.gov. I. In General A. Antidumping and Countervailing Duty Investigations The current APO form for antidumping and countervailing duty investigations, which was revised in March 2005, requires the applicant to swear that he or she will: (1) Not divulge any of the BPI disclosed under this APO or otherwise obtained in this investigation and not otherwise available to him or her, to any person other than— (i) Personnel of the Commission concerned with the investigation, (ii) The person or agency from whom the BPI was obtained, (iii) A person whose application for disclosure of BPI under this APO has been granted by the Secretary, and (iv) Other persons, such as paralegals and clerical staff, who (a) are employed or supervised by and under the direction and control of the authorized applicant or another authorized applicant in the same firm whose application has been granted; (b) have a need thereof in connection with the investigation; (c) are not involved in competitive decision making for an interested party which is a party to the investigation; and (d) have signed the acknowledgment for clerical personnel in the form attached hereto (the authorized applicant shall also sign such acknowledgment and will be deemed responsible for such persons’ compliance with this APO); (2) Use such BPI solely for the purposes of the above-captioned Commission investigation or for judicial or binational panel review of such Commission investigation; (3) Not consult with any person not described in paragraph (1) concerning BPI disclosed under this APO or otherwise obtained in this investigation without first having received the written consent of the Secretary and the party or the representative of the party from whom such BPI was obtained; (4) Whenever materials e.g., documents, computer disks, etc. containing such BPI are not being used, store such material in a locked file cabinet, vault, safe, or other suitable container (N.B.: Storage of BPI on socalled hard disk computer media is to be avoided, because mere erasure of data from such media may not irrecoverably destroy the BPI and may result in violation of paragraph C of this APO); (5) Serve all materials containing BPI disclosed under this APO as directed by E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Pages 1663-1664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00325]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-943]


Certain Wireless Headsets; 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 December 8, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
One-E-Way, Inc. of Pasadena, California. A supplement was filed on 
December 24, 2014. The complaint alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain wireless headsets by reason of infringement of certain claims 
of U.S. Patent No. 7,865,258 (``the `258 patent'') and U.S. Patent No. 
8,131,391 (``the `391 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established 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 avaiable 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 (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 Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

SUPPLEMENTARY INFORMATION:
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 7, 2015, 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 wireless 
headsets by reason of infringement of one or more of claims 3, 4, 8, 
10, and 11 of the `258 patent and claims 1-6 and 10 of the `391 patent, 
and whether an industry in the United States exists or is in the 
process of being established 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 is:
One-E-Way, Inc., 3016 E. Colorado Boulevard #70848, Pasadena, CA 91107
    (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:

Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan
Sony Corporation of America, 550 Madison Avenue, New York, NY 10022
Sony Electronics, Inc., 16530 Via Esprillo, San Diego, CA 92127
Sennheiser Electronic GmbH & Co. KG, Am Labor 1, 30900 Wedemark, 
Germany
Sennheiser Electronic Corporation, 1 Enterprise Drive, Old Lyme, CT 
06371
BlueAnt Wireless Pty, Ltd., 658 Church Street, Building 1, Level 4, 
Richmond, VIC 3121, Australia
BlueAnt Wireless, Inc., 125 South Wacker Drive, Suite 300, Chicago, IL 
60606
Creative Technology Ltd., 31 International Business Park, #03-01, Lobby 
C, Creative Resource, Singapore 609921
Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, CA 95035
Beats Electronics, LLC, 8501 Steller Drive, Culver City, CA 90232
Beats Electronics International Ltd., The Malt House South, Grand Canal 
Quay, Dublin 2, Ireland
Jawbone, Inc., 99 Rhode Island Street, 3rd Floor, San Francisco, CA 
94103,
GN Netcom A/S d/b/a Jabra, Lautrupbjerg 7, Ballerup, K[oslash]benhavn, 
2750, Denmark

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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.


[[Page 1664]]


    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 (2014).

    By order of the Commission.

     Issued: January 8, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-00325 Filed 1-12-15; 8:45 am]
BILLING CODE 7020-02-P
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