Certain Soft-Edged Trampolines and Components Thereof Notice of Final Determination of No Violation; Termination of the Investigation, 19354 [2015-08223]
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19354
Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Notices
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Dated: April 7, 2015.
Douglas W. Morris,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2015–08265 Filed 4–9–15; 8:45 am]
BILLING CODE 4310–VH–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–908]
Certain Soft-Edged Trampolines and
Components Thereof Notice of Final
Determination of No Violation;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined that no
violation of section 337 has been proven
in the above-captioned investigation.
The Commission’s determination is
final, and this investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–3438. 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:09 Apr 09, 2015
Jkt 235001
The
Commission instituted this investigation
on January 30, 2014, based on a
complaint filed by Springfree
Trampoline, Inc. of Markham, Canada,
Springfree Trampoline USA Inc. of
Markham, Canada, and Spring Free
Limited Partnership of Markham,
Canada (collectively, ‘‘Springfree’’). 79
FR 4956 (Jan. 30, 2014). The complaint
alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation, sale for
importation, or sale within the United
States after importation of certain softedged trampolines and components
thereof by reason of infringement of
claims 1 and 13 of U.S. Patent No.
6,319,174 (‘‘the ’174 patent’’). Id. The
notice of investigation names Vuly
Trampolines Pty. Ltd. of Brisbane,
Australia (‘‘Vuly’’) as the sole
respondent. Id. at 4957. The Office of
Unfair Import Investigations did not
participate in the investigation. Id.
On December 5, 2014, the
administrative law judge (‘‘ALJ’’) issued
a final ID finding no violation of section
337. On December 18, 2014, the ALJ
issued a recommended determination
(‘‘RD’’) on remedy and bonding. On
December 22, 2014, Springfree and Vuly
filed petitions for review challenging
various findings in the final ID. On
January 2, 2015, the parties filed
responses. The Commission did not
receive any post-RD public interest
comments from the public or the
parties.
On February 5, 2015, the Commission
determined to review the final ID in part
and requested additional briefing from
the parties on certain issues. The
Commission also solicited briefing from
the parties and the public on the issues
of remedy, bonding, and the public
interest. On February 19, 2015, the
parties filed briefs addressing the
Commission’s questions and the issues
of remedy, bonding, and the public
interest. On March 2, 2015, the parties
filed reply briefs.
Having examined the record of this
investigation, including the ALJ’s final
ID and submissions from the parties, the
Commission has determined to affirm
the ALJ’s determination of no violation.
As explained more fully in the
forthcoming Commission opinion, the
Commission has determined to construe
‘‘flexible mat’’ in the first instance,
modify the ALJ’s construction of ‘‘first
retaining means,’’ and affirm, but on
modified grounds, the ALJ’s
construction of ‘‘flexible elongated rod.’’
The Commission has determined to
affirm, but on modified grounds, the
ALJ’s findings that Vuly’s products
infringe claim 13, that Springfree’s
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
products practice claim 13, that claim 1
is not invalid as anticipated by the prior
art, that claim 13 is invalid as
anticipated by the prior art, and that
claims 1 and 13 are not invalid due to
lack of enablement. The Commission
has determined to reverse the ALJ’s
findings that Vuly’s products infringe
claim 1, that Springfree’s products do
not practice claim 1, and that Springfree
did not satisfy the technical prong of the
domestic industry requirement as to
claims 1 and 13. The Commission has
determined to affirm the ALJ’s finding
that Springfree did not satisfy the
economic prong of the domestic
industry requirement. The Commission
has determined not to reach the issue of
whether claim 13 is obvious.
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: April 6, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–08223 Filed 4–9–15; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1269
(Preliminary)]
Silicomanganese from Australia;
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to section 733(a) of the Tariff Act of
1930 (19 U.S.C. 1673b(a)) (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
from Australia of silicomanganese,
provided for in subheading 7202.30.00
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value (‘‘LTFV’’).
Commencement of Final Phase
Investigation
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigation.
The Commission will issue a final phase
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
E:\FR\FM\10APN1.SGM
10APN1
]]>Agencies
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Page 19354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08223]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-908]
Certain Soft-Edged Trampolines and Components Thereof Notice of
Final Determination of No Violation; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that no violation of section 337 has been
proven in the above-captioned investigation. The Commission's
determination is final, and this investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3438. 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 January 30, 2014, based on a complaint filed by Springfree
Trampoline, Inc. of Markham, Canada, Springfree Trampoline USA Inc. of
Markham, Canada, and Spring Free Limited Partnership of Markham, Canada
(collectively, ``Springfree''). 79 FR 4956 (Jan. 30, 2014). The
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, in the importation, sale for importation,
or sale within the United States after importation of certain soft-
edged trampolines and components thereof by reason of infringement of
claims 1 and 13 of U.S. Patent No. 6,319,174 (``the '174 patent''). Id.
The notice of investigation names Vuly Trampolines Pty. Ltd. of
Brisbane, Australia (``Vuly'') as the sole respondent. Id. at 4957. The
Office of Unfair Import Investigations did not participate in the
investigation. Id.
On December 5, 2014, the administrative law judge (``ALJ'') issued
a final ID finding no violation of section 337. On December 18, 2014,
the ALJ issued a recommended determination (``RD'') on remedy and
bonding. On December 22, 2014, Springfree and Vuly filed petitions for
review challenging various findings in the final ID. On January 2,
2015, the parties filed responses. The Commission did not receive any
post-RD public interest comments from the public or the parties.
On February 5, 2015, the Commission determined to review the final
ID in part and requested additional briefing from the parties on
certain issues. The Commission also solicited briefing from the parties
and the public on the issues of remedy, bonding, and the public
interest. On February 19, 2015, the parties filed briefs addressing the
Commission's questions and the issues of remedy, bonding, and the
public interest. On March 2, 2015, the parties filed reply briefs.
Having examined the record of this investigation, including the
ALJ's final ID and submissions from the parties, the Commission has
determined to affirm the ALJ's determination of no violation. As
explained more fully in the forthcoming Commission opinion, the
Commission has determined to construe ``flexible mat'' in the first
instance, modify the ALJ's construction of ``first retaining means,''
and affirm, but on modified grounds, the ALJ's construction of
``flexible elongated rod.'' The Commission has determined to affirm,
but on modified grounds, the ALJ's findings that Vuly's products
infringe claim 13, that Springfree's products practice claim 13, that
claim 1 is not invalid as anticipated by the prior art, that claim 13
is invalid as anticipated by the prior art, and that claims 1 and 13
are not invalid due to lack of enablement. The Commission has
determined to reverse the ALJ's findings that Vuly's products infringe
claim 1, that Springfree's products do not practice claim 1, and that
Springfree did not satisfy the technical prong of the domestic industry
requirement as to claims 1 and 13. The Commission has determined to
affirm the ALJ's finding that Springfree did not satisfy the economic
prong of the domestic industry requirement. The Commission has
determined not to reach the issue of whether claim 13 is obvious.
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: April 6, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-08223 Filed 4-9-15; 8:45 am]
BILLING CODE 7020-02-P
