Certain Toner Cartridges and Components; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify Certain Portions of the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 37299-37301 [2015-15970]
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
with the local governing entities’
transportation plans; and
5. An appropriate indemnification
clause protecting the United States from
claims arising out of the lessees/
patentee’s use, occupancy, or
occupations on the leased/patented
lands.
Pursuant to the requirements
established by Section 120(h) of the
Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9620(h) (CERCLA), as
amended, notice is hereby given that the
lands have been examined and no
evidence was found to indicate that any
hazardous substances have been stored
for one year or more, nor had any
hazardous substances been disposed of
or released on the subject property.
No warranty of any kind, express or
implied, is given by the United States as
to the title, whether or to what extent
the land may be developed, its physical
condition, future uses, or any other
circumstance or condition. The
conveyance of a parcel will not be on a
contingency basis. However, to the
extent required by law, the parcel is
subject to the requirements of section
120(h) of the CERCLA.
Unless the BLM authorized officer
approved other satisfactory
arrangements in advance, conveyance of
title will be through escrow. Designation
of the escrow agent will be through
mutual agreement between the BLM and
the prospective patentee, and costs of
escrow will be borne by the prospective
patentee.
The BLM–LVFO must receive the
request for escrow instructions prior to
30 days before the prospective patentee
has scheduled a closing date. There are
no exceptions.
All name changes and supporting
documentation must be received at the
BLM–LVFO 30 days from the date on
the high-bidder letter by 4:30 p.m.
Pacific Time. There are no exceptions.
To submit a name change, the apparent
high bidder must submit the name
change in writing on the Certificate of
Eligibility form to the BLM–LVFO.
The remainder of the full bid price for
the parcel must be received no later
than 4:30 p.m. Pacific Time, within 180
days following the day of the sale.
Payment must be submitted in the form
of a certified check, postal money order,
bank draft, cashier’s check, or made
available by electronic fund transfer
made payable in U.S. dollars to the
‘‘Department of the Interior—Bureau of
Land Management’’ to the BLM–LVFO.
The BLM will not accept personal or
company checks.
Arrangements for electronic fund
transfer to the BLM for payment of the
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balance due must be made a minimum
of two weeks prior to the payment date.
Failure to pay the full bid price prior to
the expiration of the 180th day will
disqualify the high bidder and cause the
entire 20 percent bid deposit to be
forfeited to the BLM. Forfeiture of the 20
percent bid deposit is in accordance
with 43 CFR 2711.3–1(d). No exceptions
will be made. The BLM cannot accept
the remainder of the bid price after the
180th day of the sale date.
The BLM will not sign any documents
related to 1031 Exchange transactions.
The timing for completion of such an
exchange is the bidder’s responsibility.
The BLM cannot be a party to any 1031
Exchange.
In accordance with 43 CFR 2711.3–
1(f), within 30 days the BLM may accept
or reject any or all offers to purchase, or
withdraw any parcel of land or interest
therein from sale if the BLM authorized
officer determines consummation of the
sale would be inconsistent with any
law, or for other reasons as may be
provided by applicable law or
regulations. No contractual or other
rights against the United States may
accrue until the BLM officially accepts
the offer to purchase and the full bid
price is paid.
The parcel may be subject to land use
applications received prior to
publication of this Notice if processing
the application would have no adverse
effect on the marketability of title, or the
FMV of the parcel. Information
concerning the sale, encumbrances of
record, appraisals, reservations,
procedures and conditions, CERCLA,
and other environmental documents
that may appear in the BLM public files
for the proposed sale parcels are
available for review during business
hours, 7:30 a.m. to 4:30 p.m. Pacific
Time, Monday through Friday, at the
BLM–LVFO, except during Federal
holidays.
In order to determine the FMV
through appraisal, certain extraordinary
assumptions and hypothetical
conditions may have been made
concerning the attributes and
limitations of the lands and potential
effects of local regulations and policies
on potential future land uses. Through
publication of this Notice, the BLM
advises that these assumptions may not
be endorsed or approved by units of
local government.
It is the buyer’s responsibility to be
aware of all applicable Federal, State,
and local government laws, regulations
and policies that may affect the subject
lands, including any required
dedication of lands for public uses. It is
also the buyer’s responsibility to be
aware of existing or prospective uses of
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nearby properties. When conveyed out
of Federal ownership, the lands will be
subject to any applicable laws,
regulations, and policies of the
applicable local government for
proposed future uses. It is the
responsibility of the purchaser to be
aware through due diligence of those
laws, regulations, and policies, and to
seek any required local approvals for
future uses. Buyers should make
themselves aware of any Federal or
State law or regulation that may affect
the future use of the property. Any land
lacking access from a public road or
highway will be conveyed as such, and
future access acquisition will be the
responsibility of the buyer.
Any comments regarding the
proposed sale will be reviewed by the
BLM Nevada State Director or other
authorized official of the Department of
the Interior, who may sustain, vacate, or
modify this realty action in response to
such comments. In the absence of any
comments, this realty action will
become the final determination of the
Department of the Interior.
Authority: 43 CFR 2711.1–2.
Vanessa L. Hice,
Assistant Field Manager, Division of Lands.
[FR Doc. 2015–16068 Filed 6–29–15; 8:45 am]
BILLING CODE 4310–HC–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–918]
Certain Toner Cartridges and
Components; Commission
Determination To Review in Part an
Initial Determination Granting
Complainant’s Motion for Summary
Determination of Violation of Section
337 and, on Review, To Modify Certain
Portions of the Initial Determination;
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 to review
in part an initial determination (‘‘ID’’)
(Order No. 34) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainants’ motion for
summary determination of violation of
section 337 and, on review, to modify
certain portions of the ID. The
Commission also requests written
submissions on remedy, public interest,
SUMMARY:
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Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
and bonding in accordance with the
schedule provided below.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3115. 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
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘Section 337’’), on June 12, 2014, based
on a complaint filed by Canon Inc. of
Tokyo, Japan; Canon U.S.A., Inc. of
Melville, New York; and Canon
Virginia, Inc. of Newport News, Virginia
(collectively, ‘‘Canon’’). 79 FR 33777–78
(Jun. 12, 2014). The complaint alleges a
violation of section 337 by reason of
infringement of certain claims of U.S.
Patent Nos. 8,280,278 (‘‘the ‘278
patent’’); 8,630,564 (‘‘the ‘564 patent’’);
8,682,215 (‘‘the ‘215 patent’’); 8,676,090
(‘‘the ‘090 patent’’); 8,369,744 (‘‘the ‘744
patent’’); 8,565,640 (‘‘the ‘640 patent’’);
8,676,085 (‘‘the ‘085 patent’’); 8,135,304
(‘‘the ‘304 patent’’); and 8,688,008 (‘‘the
‘008 patent’’). Id. The notice of
investigation named thirty-three
companies as respondents. Id. The
Commission’s Office of Unfair Import
Investigations was also named as a
party. Subsequently, the investigation
was partially terminated based on
withdrawal of the complaint as to all
asserted claims of four patents,
specifically: (1) Claim 1 of the ‘744
patent; (2) claim 1 of the ‘640 patent; (3)
claims 1, 2, 3, and 4 of the ‘085 patent;
and (4) claim 1 of the ‘304 patent.
The ALJ issued initial determinations
terminating the investigation based on
consent orders as to fifteen respondents:
Print-Rite Holdings Ltd.; Print-Rite N.A.,
Inc.; Union Technology Int’I (M.C.O.)
Co. Ltd.; Print-Rite Unicorn Image
Products Co. Ltd.; Innotex Precision
Ltd.; Ninestar Image Tech Limited;
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Zhuhai Seine Technology Co., Ltd.;
Ninestar Technology Company, Ltd.;
Seine Tech (USA) Co., Ltd.; Nano
Pacific Corporation; International Laser
Group, Inc.; Ink Technologies Printer
Supplies, LLC; LD Products, Inc.;
Linkyo Corporation; and Katun
Corporation. See ALJ Order Nos. 13 (not
reviewed Nov. 4, 2014), 16 (not reviewed
Nov. 24, 2014), 28 (not reviewed Apr. 3,
2015), 29 (not reviewed Apr. 3, 2015), 30
(not reviewed Apr. 3, 2015), 31 (not
reviewed Apr. 3, 2015), and 32 (not
reviewed Apr. 3, 2015). The ALJ also
issued an ID terminating the
investigation based on Canon’s
withdrawal of allegations as to two
respondents, Seine Image Int’l Co., Ltd.
and Ninestar Image Tech, Ltd. See ALJ
Order No. 4 (not reviewed Aug. 1, 2014).
Likewise, the ALJ issued an ID
terminating the investigation as to
respondent Seine Image (USA) Co., Ltd.
due to the corporate dissolution of the
respondent. See ALJ Order No. 27 (not
reviewed Apr. 1, 2015). These eighteen
respondents are collectively referred to
as the ‘‘Terminated Respondents.’’
The ALJ also issued IDs finding the
following ten respondents in default:
Acecom, Inc.-San Antonio; ACM
Technologies, Inc.; Shenzhen ASTA
Official Consumable Co., Ltd.; Do It
Wiser LLC; Grand Image Inc.; Green
Project, Inc.; Nectron International, Inc.;
Online Tech Stores, LLC; Printronic
Corporation; and Zinyaw LLC. See
Order Nos. 6 (not reviewed Aug. 25,
2014), 12 (not reviewed Oct. 1, 2014), 15
(not reviewed Nov. 17, 2014). These ten
respondents are collectively referred to
as the ‘‘Defaulting Respondents.’’
The remaining five named
respondents are Aster Graphics, Inc.;
Jiangxi Yibo E-Tech Co., Ltd.; Aster
Graphics Co., Ltd.; The Supplies Guys,
LLC; and American Internet Holdings,
LLC. These respondents are no longer
actively participating in the
investigation, but have neither been
terminated from the investigation nor
found to be in default. Each of them has
acknowledged and stipulated that it has
failed to act within the meaning of
Commission Rule 210.17, at least
because it failed to file a prehearing
statement and brief in accordance with
the Procedural Schedule (Order No. 9),
and that it therefore has no standing to
contest Canon’s evidence and arguments
that it has violated section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337. See Stipulation Regarding
the Status of the Aster and Supplies
Guys Respondents (Feb. 26, 2015).
These five respondents are collectively
referred to as the ‘‘Non-Participating
Respondents.’’
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On March 10, 2015, Canon filed a
Motion for Summary Determination of
Violations by the Defaulting
Respondents and Non-Participating
Respondents and Recommended
Determination on Remedy and Bonding.
The Commission investigative attorney
filed a response in support of the
motion. The Non-Participating
Respondents filed a response (‘‘Aster
Resp.’’) to the motion in which they
state, inter alia, that they ‘‘do not
oppose the motion for summary
determination.’’ Aster Resp. at 1.
On May 12, 2015, the ALJ issued an
ID (Order No. 34) granting Canon’s
motion for summary determination of
violation and recommending the
issuance of a general exclusion order
and several cease and desist orders. No
party petitioned for review of the ID.
The Commission has determined to
review the portion of the ID titled
‘‘Establishing Violations Of Section 337
Through Uncontested Allegations’’ on
pages 46–50 of the ID and, on review,
to strike the above-referenced portion of
the ID, as well as any language referring
to that stricken portion (e.g., ‘‘The
uncontested allegations and adverse
inferences aside,’’ in the first sentence
of the last paragraph on page 50), as
irrelevant in reaching the ALJ’s
violation determination. See ID at 46–
50. The Commission has also
determined to strike any references to
uncontested allegations as submitted
evidence on violation (e.g., ‘‘; see also
Complaint ¶¶ 160–161 (uncontested
allegations)’’ in the third line of page
56). The finding of violation as to these
respondents is based on substantial,
reliable, and probative evidence. See 19
U.S.C. 1337(g)(2). The Commission has
also determined to correct a
typographical error in the second
sentence on page 33 of the ID by
substituting ‘‘four’’ instead of ‘‘three’’ in
the above-referenced sentence. The
Commission has further determined to
modify the citation in the first full
paragraph on page 42 of the ID by
striking an incorrect citation to Certain
Flooring Products, Inv. No. 337–TA–
443, Comm’n Notice of Final
Determination of No Violation of
Section 337, 2002 WL 448690, at*59,
(Mar. 22, 2002). This document has only
three pages. The Commission has also
determined to supplement an
incomplete citation to Enercon GmbH v.
Int’l Trade Comm’n, 151 F.3d 1376
(Fed. Cir. 1998) with the relevant page
number, i.e., Enercon GmbH v. Int’l
Trade Comm’n, 151 F.3d 1376, 1384
(Fed. Cir. 1998). The Commission has
determined not to review the remainder
of the ID.
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
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In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent 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 are likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (Dec. 1994) (Commission
Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
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.
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
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. Canon
and the IA are also requested to submit
proposed remedial orders for the
Commission’s consideration. Canon is
further requested to provide the
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expiration dates of the ‘278 patent, the
‘564 patent, the ‘215 patent, the ‘090
patent, and the ‘008 patent, and state the
HTSUS subheadings under which the
accused articles are imported. Canon is
also requested to supply the names of
known importers. The written
submissions and proposed remedial
orders must be filed no later than the
close of business on July 13, 2015. Reply
submissions must be filed no later than
the close of business on July 20, 2015.
Such submissions should address the
ALJ’s recommended determinations on
remedy and bonding which were made
in Order No. 34. 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 deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day 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–918’’) 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).
By order of the Commission.
Issued: June 24, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–15970 Filed 6–29–15; 8:45 am]
BILLING CODE 7020–02–P
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Trustworthy
Accountability Group, Inc.
Notice is hereby given that, on May
29, 2015, pursuant to section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Trustworthy
Accountability Group, Inc. (‘‘TAG’’) has
filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing (1) the name and
principal place of business of the
standards development organization
and (2) the nature and scope of its
standards development activities. The
notifications were filed for the purpose
of invoking the Act’s provisions limiting
the recovery of antitrust plaintiffs to
actual damages under specified
circumstances.
Pursuant to section 6(b) of the Act, the
name and principal place of business of
the standards development organization
is: Trustworthy Accountability Group,
Inc., New York, NY. The nature and
scope of TAG’s standards development
activities are: to address systemic
market issues in four core areas:
fraudulent digital advertising traffic, adsupported Internet piracy, business
transparency and malware. TAG will
establish standards to address
fraudulent digital advertising in the
supply chain and will connect those
standards to tools for identifying
legitimate companies (i.e., those
companies not associated with
fraudulent conduct) and fraudulent
activity, including but not limited to,
market participant submissions to TAG
of domain names involved with known
fraudulent conduct which will be
curated into a frequently updated list.
TAG’s anti-piracy standards will
involve the validation of digital
advertising assurance providers (and
others who enter the market) to ensure
they effectively provide the services
they purport to offer. TAG will also
develop standards to increase
transparency in the digital advertising
supply chain through guidelines
concerning programmatic selling, as
well as the disclosure of information
between buyers and sellers. TAG’s
standards development activity will also
include guidance for market
participants to address the problem of
malware by setting best practices and
sharing malware data for curation by
TAG, as well as identification and
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]]>Agencies
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37299-37301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15970]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-918]
Certain Toner Cartridges and Components; Commission Determination
To Review in Part an Initial Determination Granting Complainant's
Motion for Summary Determination of Violation of Section 337 and, on
Review, To Modify Certain Portions of the Initial Determination;
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 to review in part an initial determination
(``ID'') (Order No. 34) of the presiding administrative law judge
(``ALJ'') granting complainants' motion for summary determination of
violation of section 337 and, on review, to modify certain portions of
the ID. The Commission also requests written submissions on remedy,
public interest,
[[Page 37300]]
and bonding in accordance with the schedule provided below.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3115. 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
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``Section 337''), on June 12, 2014, based on a complaint filed by
Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc. of Melville, New York;
and Canon Virginia, Inc. of Newport News, Virginia (collectively,
``Canon''). 79 FR 33777-78 (Jun. 12, 2014). The complaint alleges a
violation of section 337 by reason of infringement of certain claims of
U.S. Patent Nos. 8,280,278 (``the `278 patent''); 8,630,564 (``the `564
patent''); 8,682,215 (``the `215 patent''); 8,676,090 (``the `090
patent''); 8,369,744 (``the `744 patent''); 8,565,640 (``the `640
patent''); 8,676,085 (``the `085 patent''); 8,135,304 (``the `304
patent''); and 8,688,008 (``the `008 patent''). Id. The notice of
investigation named thirty-three companies as respondents. Id. The
Commission's Office of Unfair Import Investigations was also named as a
party. Subsequently, the investigation was partially terminated based
on withdrawal of the complaint as to all asserted claims of four
patents, specifically: (1) Claim 1 of the `744 patent; (2) claim 1 of
the `640 patent; (3) claims 1, 2, 3, and 4 of the `085 patent; and (4)
claim 1 of the `304 patent.
The ALJ issued initial determinations terminating the investigation
based on consent orders as to fifteen respondents: Print-Rite Holdings
Ltd.; Print-Rite N.A., Inc.; Union Technology Int'I (M.C.O.) Co. Ltd.;
Print-Rite Unicorn Image Products Co. Ltd.; Innotex Precision Ltd.;
Ninestar Image Tech Limited; Zhuhai Seine Technology Co., Ltd.;
Ninestar Technology Company, Ltd.; Seine Tech (USA) Co., Ltd.; Nano
Pacific Corporation; International Laser Group, Inc.; Ink Technologies
Printer Supplies, LLC; LD Products, Inc.; Linkyo Corporation; and Katun
Corporation. See ALJ Order Nos. 13 (not reviewed Nov. 4, 2014), 16 (not
reviewed Nov. 24, 2014), 28 (not reviewed Apr. 3, 2015), 29 (not
reviewed Apr. 3, 2015), 30 (not reviewed Apr. 3, 2015), 31 (not
reviewed Apr. 3, 2015), and 32 (not reviewed Apr. 3, 2015). The ALJ
also issued an ID terminating the investigation based on Canon's
withdrawal of allegations as to two respondents, Seine Image Int'l Co.,
Ltd. and Ninestar Image Tech, Ltd. See ALJ Order No. 4 (not reviewed
Aug. 1, 2014). Likewise, the ALJ issued an ID terminating the
investigation as to respondent Seine Image (USA) Co., Ltd. due to the
corporate dissolution of the respondent. See ALJ Order No. 27 (not
reviewed Apr. 1, 2015). These eighteen respondents are collectively
referred to as the ``Terminated Respondents.''
The ALJ also issued IDs finding the following ten respondents in
default: Acecom, Inc.-San Antonio; ACM Technologies, Inc.; Shenzhen
ASTA Official Consumable Co., Ltd.; Do It Wiser LLC; Grand Image Inc.;
Green Project, Inc.; Nectron International, Inc.; Online Tech Stores,
LLC; Printronic Corporation; and Zinyaw LLC. See Order Nos. 6 (not
reviewed Aug. 25, 2014), 12 (not reviewed Oct. 1, 2014), 15 (not
reviewed Nov. 17, 2014). These ten respondents are collectively
referred to as the ``Defaulting Respondents.''
The remaining five named respondents are Aster Graphics, Inc.;
Jiangxi Yibo E-Tech Co., Ltd.; Aster Graphics Co., Ltd.; The Supplies
Guys, LLC; and American Internet Holdings, LLC. These respondents are
no longer actively participating in the investigation, but have neither
been terminated from the investigation nor found to be in default. Each
of them has acknowledged and stipulated that it has failed to act
within the meaning of Commission Rule 210.17, at least because it
failed to file a prehearing statement and brief in accordance with the
Procedural Schedule (Order No. 9), and that it therefore has no
standing to contest Canon's evidence and arguments that it has violated
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. See
Stipulation Regarding the Status of the Aster and Supplies Guys
Respondents (Feb. 26, 2015). These five respondents are collectively
referred to as the ``Non-Participating Respondents.''
On March 10, 2015, Canon filed a Motion for Summary Determination
of Violations by the Defaulting Respondents and Non-Participating
Respondents and Recommended Determination on Remedy and Bonding. The
Commission investigative attorney filed a response in support of the
motion. The Non-Participating Respondents filed a response (``Aster
Resp.'') to the motion in which they state, inter alia, that they ``do
not oppose the motion for summary determination.'' Aster Resp. at 1.
On May 12, 2015, the ALJ issued an ID (Order No. 34) granting
Canon's motion for summary determination of violation and recommending
the issuance of a general exclusion order and several cease and desist
orders. No party petitioned for review of the ID.
The Commission has determined to review the portion of the ID
titled ``Establishing Violations Of Section 337 Through Uncontested
Allegations'' on pages 46-50 of the ID and, on review, to strike the
above-referenced portion of the ID, as well as any language referring
to that stricken portion (e.g., ``The uncontested allegations and
adverse inferences aside,'' in the first sentence of the last paragraph
on page 50), as irrelevant in reaching the ALJ's violation
determination. See ID at 46-50. The Commission has also determined to
strike any references to uncontested allegations as submitted evidence
on violation (e.g., ``; see also Complaint ]] 160-161 (uncontested
allegations)'' in the third line of page 56). The finding of violation
as to these respondents is based on substantial, reliable, and
probative evidence. See 19 U.S.C. 1337(g)(2). The Commission has also
determined to correct a typographical error in the second sentence on
page 33 of the ID by substituting ``four'' instead of ``three'' in the
above-referenced sentence. The Commission has further determined to
modify the citation in the first full paragraph on page 42 of the ID by
striking an incorrect citation to Certain Flooring Products, Inv. No.
337-TA-443, Comm'n Notice of Final Determination of No Violation of
Section 337, 2002 WL 448690, at*59, (Mar. 22, 2002). This document has
only three pages. The Commission has also determined to supplement an
incomplete citation to Enercon GmbH v. Int'l Trade Comm'n, 151 F.3d
1376 (Fed. Cir. 1998) with the relevant page number, i.e., Enercon GmbH
v. Int'l Trade Comm'n, 151 F.3d 1376, 1384 (Fed. Cir. 1998). The
Commission has determined not to review the remainder of the ID.
[[Page 37301]]
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent 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 are likely to do so. For
background, see Certain Devices for Connecting Computers via Telephone
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) (Commission
Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist 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. 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 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. Canon and the IA are also requested to submit proposed
remedial orders for the Commission's consideration. Canon is further
requested to provide the expiration dates of the `278 patent, the `564
patent, the `215 patent, the `090 patent, and the `008 patent, and
state the HTSUS subheadings under which the accused articles are
imported. Canon is also requested to supply the names of known
importers. The written submissions and proposed remedial orders must be
filed no later than the close of business on July 13, 2015. Reply
submissions must be filed no later than the close of business on July
20, 2015. Such submissions should address the ALJ's recommended
determinations on remedy and bonding which were made in Order No. 34.
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 deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
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-918'') 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 non-confidential version of the document must also be filed
simultaneously with any confidential filing. All non-confidential
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).
By order of the Commission.
Issued: June 24, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-15970 Filed 6-29-15; 8:45 am]
BILLING CODE 7020-02-P
