Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Commission Determination to Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding, 55872-55874 [2015-23329]
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55872
Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
TEXAS
rolled steel flat products that are
allegedly subsidized by the governments
of Brazil, China, Korea, and Russia. The
Commission also determines, pursuant
to the Act, that there is a reasonable
indication that an industry in the
United States is threatened with
material injury by reason of imports of
cold-rolled steel flat products that are
allegedly subsidized by the government
of India.
The Commission further determines
that imports of cold-rolled steel flat
products from the Netherlands are
negligible pursuant to section 771(24) of
the Act, and its investigation with
regard to cold-rolled steel flat products
from this country is thereby terminated
pursuant to section 733(a)(1) of the Act.
Dallas County
Lamar—McKinney Bridge, (Road
Infrastructure of Texas, 1866–1965 MPS)
Across Trinity R. at Continental Ave.,
Dallas, 15000708
WISCONSIN
Brown County
Nicolet High School, 111 3rd St., De Pere,
15000703
Door County
HANOVER (schooner) Shipwreck, (Great
Lakes Shipwreck Sites of Wisconsin MPS)
1.75 mi. NW. of Fish Cr., Gibralter,
15000710
UCCESS (scow schooner) Shipwreck, (Great
Lakes Shipwreck Sites of Wisconsin MPS)
.13 mi. SW. of Whitefish Dunes State Park,
Sevastopal, 15000711
Manitowoc County
PATHFINDER (schooner) Shipwreck, (Great
Lakes Shipwreck Sites of Wisconsin MPS)
2.6 mi. N. of Rawley Point Lighthouse,
Two Creeks, 15000712
Marinette County
Brown, Mary and Harry, House, 1931
Riverside Ave., Marinette, 15000713
[FR Doc. 2015–23316 Filed 9–16–15; 8:45 am]
BILLING CODE 4312–51–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–540–544 and
731–TA–1283–1290 (Preliminary)]
tkelley on DSK3SPTVN1PROD with NOTICES
Cold-Rolled Steel Flat Products From
Brazil, China, India, Japan, Korea,
Netherlands, Russia, and the United
Kingdom
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines,2 pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of cold-rolled steel flat products from
Brazil, China, India, Japan, Korea,
Russia, and the United Kingdom,
provided for in subheadings 7209.15,
7209.16, 7209.17, 7209.18, 7209.25,
7209.26, 7209.27, 7209.28, 7209.90,
7210.70, 7211.23, 7211.29, 7211.90,
7212.40, 7225.50, 7225.99, and 7226.92
of the Harmonized Tariff Schedule of
the United States, that are allegedly sold
in the United States at less than fair
value (‘‘LTFV’’), and by imports of cold1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioner F. Scott Kieff not participating.
VerDate Sep<11>2014
17:30 Sep 16, 2015
Jkt 235001
Commencement of Final Phase
Investigations
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in section 207.21 of the
Commission’s rules, upon notice from
the Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under sections 703(b) or
733(b) of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under sections 705(a) or 735(a) of the
Act. Parties that filed entries of
appearance in the preliminary phase of
the investigations need not enter a
separate appearance for the final phase
of the investigations. Industrial users,
and, if the merchandise under
investigation is sold at the retail level,
representative consumer organizations
have the right to appear as parties in
Commission antidumping and
countervailing duty investigations. The
Secretary will prepare a public service
list containing the names and addresses
of all persons, or their representatives,
who are parties to the investigations.
Background
On July 28, 2015, AK Steel
Corporation (West Chester, Ohio),
ArcelorMittal USA LLC (Chicago,
Illinois), Nucor Corporation (Charlotte,
North Carolina), Steel Dynamics, Inc.
(Fort Wayne, Indiana), and United
States Steel Corporation (Pittsburgh,
Pennsylvania) filed a petition with the
Commission and Commerce, alleging
that an industry in the United States is
materially injured or threatened with
material injury by reason of subsidized
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imports of cold-rolled steel flat products
from Brazil, China, India, Korea, and
Russia and LTFV imports of cold-rolled
steel flat products from Brazil, China,
India, Japan, Korea, Netherlands,
Russia, and the United Kingdom.
Accordingly, effective July 28, 2015, the
Commission, pursuant to sections 703(a)
and 733(a) of the Tariff Act of 1930 (19
U.S.C. 1671b(a) and 1673b(a)), instituted
countervailing duty investigation Nos.
701–TA–540–544 and antidumping
duty investigation Nos. 731–TA–1283–
1290 (Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference 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 August 3, 2015 (80
FR 46047). The conference was held in
Washington, DC, on August 18, 2015,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
703(a) and 733(a) of the Tariff Act of
1930 (19 U.S.C. 1671b(a) and 1673b(a)).
It completed and filed its
determinations in these investigations
on September 11, 2015. The views of the
Commission are contained in USITC
Publication 4564 (September 2015),
entitled Cold-Rolled Steel Flat Products
from Brazil, China, India, Japan, Korea,
Netherlands, Russia, and the United
Kingdom: Investigation Nos. 701–TA–
540–544 and 731–TA–1283–1290
(Preliminary).
By order of the Commission.
Issued: September 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–23325 Filed 9–16–15; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–926]
Certain Marine Sonar Imaging
Systems, Products Containing the
Same, and Components Thereof;
Commission Determination to Review
a Final Initial Determination Finding a
Violation of Section 337; Schedule for
Filing Written Submissions on the
Issues Under Review and on Remedy,
the Public Interest and Bonding
U.S. International Trade
Commission.
AGENCY:
E:\FR\FM\17SEN1.SGM
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Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
the final initial determination (‘‘ID’’)
issued by the presiding administrative
law judge (‘‘ALJ’’) on July 13, 2015,
finding a violation of section 337 of the
Tariff Act of 1930, as amended (19
U.S.C. 1337), as to certain asserted
patent claims in this investigation.
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 (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 August 21, 2014, based on a
complaint filed by Johnson Outdoors
lnc. of Racine, Wisconsin and Johnson
Outdoors Marine Electronics, Inc. of
Eufaula, Alabama (collectively,
‘‘Johnson Outdoors’’). 79 FR 49536
(Aug. 21, 2014). The complaint alleges
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 marine sonar
imaging systems, products containing
the same, and components thereof by
reason of infringement of one or more of
claims 1, 2, 17, 25, 26, 31, 32, 35, 36,
41–43, 53, and 56 of U.S. Patent No.
7,652,952 (‘‘the ’952 patent’’); claims 1,
5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S.
Patent No. 7,710,825 (‘‘the ’825 patent’’);
and claims 14, 18, 21–23, 25, and 33 of
U.S. Patent No. 7,755,974 (‘‘the ’974
patent’’). Id. The notice of investigation
named the following respondents:
Garmin International, Inc.; Garmin
North America, Inc.; Garmin USA, Inc.
all of Olathe, Kansas; and Garmin
Corporation of New Taipei City, Taiwan
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SUMMARY:
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(collectively, ‘‘Garmin’’). Id. The Office
of Unfair Import Investigations is not a
party to the investigation.
On January 30, 2015, the parties
entered into a stipulation that the
domestic industry requirement was met.
The parties also agreed to a stipulation
regarding importation of Garmin
accused products. That same day,
Johnson Outdoors filed two unopposed
motions for summary determination: (1)
That Garmin’s importation and sales
satisfy the importation requirement and
(2) that Johnson Outdoors satisfies the
domestic industry requirement. On
March 24, 2015, the ALJ granted
Johnson Outdoors’ summary
determination motions in Order Nos. 14
and 15, respectively. The Commission
determined not to review. See Notice of
Commission Determination Not to
Review Two Initial Determinations
Granting Unopposed Motions for
Summary Determinations of Importation
and the Existence of a Domestic
Industry That Practices the Asserted
Patents (April 22, 2015).
On July 13, 2015, the ALJ issued his
final ID, finding a violation of section
337 by Garmin in connection with
claims 14, 18, 21, 22, 23, and 33 of the
’974 patent. The ALJ found no violation
of section 337 in connection with the
asserted claims of the ’952 and ’825
patents; and claim 25 of the ’974 patent.
Specifically, the ALJ found that the
Commission has subject matter
jurisdiction, in rem jurisdiction over the
accused products, and in personam
jurisdiction over Garmin. ID at 21. The
ALJ further found that the accused
products infringe asserted claims 14, 18,
21, 22, 23, and 33 of the ’974 patent but
do not infringe the asserted claims of
the ’952 and ’825 patents or claim 25 of
the ’974 patent. See ID at 55–57, 58–59,
60–62. The ALJ also found that Garmin
failed to establish by clear and
convincing evidence that the asserted
claims of the ’952, ’825, or ’974 patents
were anticipated or rendered obvious by
the cited prior art references. See id. at
68–80, 89–100. Finally, the ALJ found
that the ’952, ’825, and ’974 patents are
not unenforceable due to inequitable
conduct and that the’952 patent is not
invalid under 35 U.S.C. 102(f) for
derivation. ID at 80–83, 100–109.
On July 27, 2015, Garmin filed a
petition for review of the ID. That same
day, Johnson Outdoors filed a
contingent petition for review of the ID.
On August 4, 2015, the parties filed
responses to the petitions.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
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55873
determined to review the final ID on all
issues petitioned.
The parties are requested to provide
any comments they may have as to the
Commission’s proposed construction
below with reference to the applicable
law and the evidentiary record. In
connection with its review, the
Commission is particularly interested in
a response to the following:
If the Commission were to construe the
claim term ‘‘mounted to a boat’’ to mean
‘‘proximately secured to the boat in a fixed
manner,’’ please discuss any impact this
construction may have on the ID’s findings.
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 likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (December 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.
See Presidential Memorandum of July
21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
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55874
Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
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: The parties to
the investigation are requested to file
written submissions on the issues
identified in this notice. 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. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding. Complainants
are requested to submit proposed
remedial orders for the Commission’s
consideration. Complainants are also
requested to state the date that the
patents expire and the HTSUS numbers
under which the accused products are
imported. Complainants are further
requested to supply the names of known
importers of the Garmin products at
issue in this investigation. The written
submissions and proposed remedial
orders must be filed no later than close
of business on September 21, 2015.
Reply submissions must be filed no later
than the close of business on September
28, 2015. Such submissions should
address the ALJ’s recommended
determinations on remedy and bonding.
No further submissions on any of 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 eight 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–926’’) 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
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17:30 Sep 16, 2015
Jkt 235001
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: September 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–23329 Filed 9–16–15; 8:45 am]
BILLING CODE 7020–02–P
on-line instructions for submitting
comments for docket number MSHA–
2015–0022.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: USDOL–Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th floor
via the East elevator.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
MSHA.information.collections@dol.gov
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0011]
Revision of a Currently Approved
Collection; Respirable Coal Mine Dust
Sampling
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995, 44 U.S.C. 3506(c)(2)(A). This
program helps to assure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Respirable
Coal Mine Dust Sampling.
DATES: All comments must be received
on or before November 16, 2015.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
SUMMARY:
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Chronic exposure to respirable coal
mine dust causes lung diseases
including coal workers’ pneumoconiosis
(CWP), emphysema, silicosis, and
chronic bronchitis, known collectively
as ‘‘black lung.’’ These diseases are
debilitating and can result in disability
and premature death. While
considerable progress has been made in
lowering dust levels since 1970 and,
consequently, lowering the prevalence
rate of black lung among coal miners,
severe forms of black lung continue to
be identified. Information from the
federally funded Coal Workers’ Health
Surveillance Programs administered by
the National Institute for Occupational
Safety and Health (NIOSH) clearly
indicates that black lung remains a key
occupational health risk among our
nation’s coal miners. According to
NIOSH, 933 or 3.7 percent of the 25,558
underground coal miners x-rayed
between January 2003 and September
2011 were found to have CWP. Also, in
FY 2011, over 28,600 former coal miners
and the dependents of miners received
$417 million in ‘‘black lung’’ benefits.
Since inception of the federal Black
Lung Benefits Program in 1970, over $45
billion in total benefits have been paid
out to former miners and their
dependents.
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty to protect the safety
and health of miners. Further, Section
101(a) of the Mine Act, 30 U.S.C. 811(a),
authorizes the Secretary to develop,
promulgate, and revise as may be
appropriate, improved mandatory
health or safety standards for the
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]]>Agencies
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55872-55874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23329]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-926]
Certain Marine Sonar Imaging Systems, Products Containing the
Same, and Components Thereof; Commission Determination to Review a
Final Initial Determination Finding a Violation of Section 337;
Schedule for Filing Written Submissions on the Issues Under Review and
on Remedy, the Public Interest and Bonding
AGENCY: U.S. International Trade Commission.
[[Page 55873]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review the final initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ'') on
July 13, 2015, finding a violation of section 337 of the Tariff Act of
1930, as amended (19 U.S.C. 1337), as to certain asserted patent claims
in this investigation.
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 (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 August 21, 2014, based on a complaint filed by Johnson Outdoors lnc.
of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of
Eufaula, Alabama (collectively, ``Johnson Outdoors''). 79 FR 49536
(Aug. 21, 2014). The complaint alleges 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 marine sonar imaging
systems, products containing the same, and components thereof by reason
of infringement of one or more of claims 1, 2, 17, 25, 26, 31, 32, 35,
36, 41-43, 53, and 56 of U.S. Patent No. 7,652,952 (``the '952
patent''); claims 1, 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S. Patent
No. 7,710,825 (``the '825 patent''); and claims 14, 18, 21-23, 25, and
33 of U.S. Patent No. 7,755,974 (``the '974 patent''). Id. The notice
of investigation named the following respondents: Garmin International,
Inc.; Garmin North America, Inc.; Garmin USA, Inc. all of Olathe,
Kansas; and Garmin Corporation of New Taipei City, Taiwan
(collectively, ``Garmin''). Id. The Office of Unfair Import
Investigations is not a party to the investigation.
On January 30, 2015, the parties entered into a stipulation that
the domestic industry requirement was met. The parties also agreed to a
stipulation regarding importation of Garmin accused products. That same
day, Johnson Outdoors filed two unopposed motions for summary
determination: (1) That Garmin's importation and sales satisfy the
importation requirement and (2) that Johnson Outdoors satisfies the
domestic industry requirement. On March 24, 2015, the ALJ granted
Johnson Outdoors' summary determination motions in Order Nos. 14 and
15, respectively. The Commission determined not to review. See Notice
of Commission Determination Not to Review Two Initial Determinations
Granting Unopposed Motions for Summary Determinations of Importation
and the Existence of a Domestic Industry That Practices the Asserted
Patents (April 22, 2015).
On July 13, 2015, the ALJ issued his final ID, finding a violation
of section 337 by Garmin in connection with claims 14, 18, 21, 22, 23,
and 33 of the '974 patent. The ALJ found no violation of section 337 in
connection with the asserted claims of the '952 and '825 patents; and
claim 25 of the '974 patent. Specifically, the ALJ found that the
Commission has subject matter jurisdiction, in rem jurisdiction over
the accused products, and in personam jurisdiction over Garmin. ID at
21. The ALJ further found that the accused products infringe asserted
claims 14, 18, 21, 22, 23, and 33 of the '974 patent but do not
infringe the asserted claims of the '952 and '825 patents or claim 25
of the '974 patent. See ID at 55-57, 58-59, 60-62. The ALJ also found
that Garmin failed to establish by clear and convincing evidence that
the asserted claims of the '952, '825, or '974 patents were anticipated
or rendered obvious by the cited prior art references. See id. at 68-
80, 89-100. Finally, the ALJ found that the '952, '825, and '974
patents are not unenforceable due to inequitable conduct and that
the'952 patent is not invalid under 35 U.S.C. 102(f) for derivation. ID
at 80-83, 100-109.
On July 27, 2015, Garmin filed a petition for review of the ID.
That same day, Johnson Outdoors filed a contingent petition for review
of the ID. On August 4, 2015, the parties filed responses to the
petitions.
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the final ID on all issues
petitioned.
The parties are requested to provide any comments they may have as
to the Commission's proposed construction below with reference to the
applicable law and the evidentiary record. In connection with its
review, the Commission is particularly interested in a response to the
following:
If the Commission were to construe the claim term ``mounted to a
boat'' to mean ``proximately secured to the boat in a fixed
manner,'' please discuss any impact this construction may have on
the ID's findings.
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 likely to do so. For
background, see Certain Devices for Connecting Computers via Telephone
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 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. See Presidential Memorandum of
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United
[[Page 55874]]
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: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
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. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding. Complainants are requested to submit proposed
remedial orders for the Commission's consideration. Complainants are
also requested to state the date that the patents expire and the HTSUS
numbers under which the accused products are imported. Complainants are
further requested to supply the names of known importers of the Garmin
products at issue in this investigation. The written submissions and
proposed remedial orders must be filed no later than close of business
on September 21, 2015. Reply submissions must be filed no later than
the close of business on September 28, 2015. Such submissions should
address the ALJ's recommended determinations on remedy and bonding. No
further submissions on any of 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 eight
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-926'') 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: September 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-23329 Filed 9-16-15; 8:45 am]
BILLING CODE 7020-02-P
