Certain Three-Dimensional Cinema Systems and Components Thereof; Commission Determination To Extend the Target Date; Schedule for Filing Written Submissions on Certain Issues, 23749-23750 [2016-09339]

Download as PDF Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices INTERNATIONAL TRADE COMMISSION Issued: April 18, 2016. Lisa R. Barton, Secretary to the Commission. [Investigation Nos. 701–TA–462 and 731– TA–1156–1158 (First Review) and 731–TA– 1043–1045 (Second Review)] [FR Doc. 2016–09338 Filed 4–21–16; 8:45 am] Polyethylene Retail Carrier Bags From China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930, that revocation of the countervailing duty order on polyethylene retail carrier bags from Vietnam and revocation of the antidumping duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. mstockstill on DSK4VPTVN1PROD with NOTICES Background The Commission, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), instituted these reviews on April 1, 2015 (80 FR 17490) and determined on July 6, 2015 that it would conduct full reviews (80 FR 43118, July 21, 2015). Notice of the scheduling of the Commission’s reviews and of a public hearing 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 on October 15, 2015 (80 FR 62110). The hearing was held in Washington, DC, on February 18, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on April 18, 2016. The views of the Commission are contained in USITC Publication 4605 (April 2016), entitled Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam: Investigation Nos. 701–TA–462 and 731–TA–1156– 1158 (First Review) and 731–TA–1043– 1045 (Second Review). By order of the Commission. 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 19:18 Apr 21, 2016 Jkt 238001 BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–939] Certain Three-Dimensional Cinema Systems and Components Thereof; Commission Determination To Extend the Target Date; Schedule for Filing Written Submissions on Certain Issues U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to extend the target date for completion of the above-captioned investigation until June 1, 2016. The Commission also requests briefing from the parties on the issues indicated in this notice. 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 December 12, 2014, based on a complaint filed by RealD, Inc. of Beverly Hills, California (‘‘RealD’’). 79 FR 73902–03 (Dec. 12, 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 three-dimensional cinema systems, and components thereof, that SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 23749 infringe certain claims of U.S. Patent Nos. 7,905,602 (‘‘the ’602 patent’’), 7,857,455 (‘‘the ’455 patent’’), 7,959,296 (‘‘the ’296 patent’’), and 8,220,934 (‘‘the ’934 patent’’). Id. at 73902. The notice of investigation named as respondents MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D Asia, LLC of Seoul, Republic of Korea. Id. at 73903. The Office of Unfair Import Investigations was not named as a party to the investigation. Id. On July 23, 2015, the Commission later terminated the investigation as to various of the asserted claims and the ’602 patent in its entirety. Notice (July 23, 2015) (determining not to review Order No. 6 (July 2, 2015)); Notice (Aug. 20, 2015) (determining not to review Order No. 7 (Aug. 3, 2015)). On September 25, 2015, the Commission determined on summary determination that RealD satisfied the economic prong of the domestic industry requirement through its significant investment in plant, significant investment in labor, and substantial investment in engineering, research, and development. Notice (Sept. 25, 2015) (determining to review in part Order No. 9 (Aug. 20, 2015)). The Commission, however, reversed the presiding administrative law judge’s (‘‘ALJ’’) summary determination with respect to RealD’s investment in equipment. Id. On December 16, 2015, the ALJ issued a final ID finding a violation of section 337 with respect to the remaining asserted patents. The ALJ found that the asserted claims of each patent are infringed and not invalid or unenforceable. The ALJ found that the technical prong of the domestic industry requirement was satisfied for the asserted patents. The ALJ also issued a Recommended Determination on Remedy and Bonding (‘‘RD’’), recommending that a limited exclusion order and cease and desist orders should issue and that a bond of 100 percent should be imposed during the period of presidential review. On December 29, 2015, MasterImage filed a petition for review challenging various findings in the final ID. On January 6, 2016, RealD filed a response to MasterImage’s petition. On January 15, 2016, and January 19, 2016, MasterImage and RealD respectively filed post-RD statements on the public interest under Commission Rule 210.50(a)(4). The Commission did not receive any post-RD public interest comments from the public in response to the Commission notice issued on December 22, 2015. 80 FR 80795 (Dec. 28, 2015). E:\FR\FM\22APN1.SGM 22APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 23750 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices On February 16, 2016, the Commission determined to review the final ID in part and requested additional briefing from the parties on certain issues. 81 FR at 8744–45. The Commission also solicited briefing from the parties and the public on the issues of remedy, the public interest, and bonding. Id. On March 1, 2016, the parties filed initial written submissions addressing the Commission’s questions and the issues of remedy, the public interest, and bonding. On March 11, 2016, the parties filed response briefs. No comments were received from the public. On April 14, 2016, MasterImage filed a letter, notifying the Commission that, on that same day, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office (‘‘PTAB’’) issued a Final Written Decision finding claims 1, 6–10, and 18–20 of the ’934 patent unpatentable. See MasterImage Ltr. (Apr. 14, 2016). The Commission has determined to extend the target date for completion of the investigation until June 1, 2016. The Commission requests a response to the following question only: 1. What is the effect of the PTAB’s Final Written Decision on the Commission’s final determination, including any underlying findings, in this investigation? Please include in your response any effect on the issuance of remedial orders with respect to the asserted claims of the ’455 and ’296 patents and claim 11 of the ’934 patent. Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. Initial written submissions must be filed no later than close of business on April 26, 2016. Initial written submissions by the parties shall be no more than 20 pages, excluding any attachments or exhibits. Reply submissions must be filed no later than the close of business on May 3, 2016. Reply submissions by the parties shall be no more than 20 pages, excluding any attachments or exhibits. 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–939’’) in a prominent place on the cover page and/or the first page. (See VerDate Sep<11>2014 19:18 Apr 21, 2016 Jkt 238001 Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary at (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: April 18, 2016. Lisa R. Barton, Secretary to the Commission. BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1313 (Preliminary)] 1,1,1,2-Tetrafluoroethane (R-134a) From China; Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, 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 1,1,1,2-Tetrafluoroethane (R-134a) from China, provided for in subheading 2903.39.20 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’’). 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). Frm 00077 Fmt 4703 Sfmt 4703 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 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 an affirmative preliminary determination in the investigation under section 733(b) of the Act, or, if the preliminary determination is negative, upon notice of an affirmative final determination in that investigation under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigation need not enter a separate appearance for the final phase of the investigation. 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 investigation. Background [FR Doc. 2016–09339 Filed 4–21–16; 8:45 am] PO 00000 Commencement of Final Phase Investigation On March 3, 2016, the American HFC Coalition and its individual members (Amtrol, Inc., West Warwick, Rhode Island; Arkema, Inc., King of Prussia, Pennsylvania; The Chemours Company FC LLC, Wilmington, Delaware; Honeywell International Inc., Morristown, New Jersey; Hudson Technologies, Pearl River, New York; Mexichem Fluor Inc., St. Gabriel, Louisiana; and Worthington Industries, Inc., Columbus, Ohio) and District Lodge 154 of the International Association of Machinists and Aerospace Workers filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured and threatened with material injury by reason of LTFV imports of 1,1,1,2Tetrafluoroethane (R-134a) from China. Accordingly, effective March 3, 2016, the Commission, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)), instituted antidumping duty investigation No. 731–TA–1313 (Preliminary). Notice of the institution of the Commission’s investigation and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23749-23750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09339]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-939]


Certain Three-Dimensional Cinema Systems and Components Thereof; 
Commission Determination To Extend the Target Date; Schedule for Filing 
Written Submissions on Certain Issues

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to extend the target date for completion of 
the above-captioned investigation until June 1, 2016. The Commission 
also requests briefing from the parties on the issues indicated in this 
notice.

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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 December 12, 2014, based on a complaint filed by RealD, Inc. of 
Beverly Hills, California (``RealD''). 79 FR 73902-03 (Dec. 12, 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 three-dimensional cinema systems, and 
components thereof, that infringe certain claims of U.S. Patent Nos. 
7,905,602 (``the '602 patent''), 7,857,455 (``the '455 patent''), 
7,959,296 (``the '296 patent''), and 8,220,934 (``the '934 patent''). 
Id. at 73902. The notice of investigation named as respondents 
MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D 
Asia, LLC of Seoul, Republic of Korea. Id. at 73903. The Office of 
Unfair Import Investigations was not named as a party to the 
investigation. Id.
    On July 23, 2015, the Commission later terminated the investigation 
as to various of the asserted claims and the '602 patent in its 
entirety. Notice (July 23, 2015) (determining not to review Order No. 6 
(July 2, 2015)); Notice (Aug. 20, 2015) (determining not to review 
Order No. 7 (Aug. 3, 2015)).
    On September 25, 2015, the Commission determined on summary 
determination that RealD satisfied the economic prong of the domestic 
industry requirement through its significant investment in plant, 
significant investment in labor, and substantial investment in 
engineering, research, and development. Notice (Sept. 25, 2015) 
(determining to review in part Order No. 9 (Aug. 20, 2015)). The 
Commission, however, reversed the presiding administrative law judge's 
(``ALJ'') summary determination with respect to RealD's investment in 
equipment. Id.
    On December 16, 2015, the ALJ issued a final ID finding a violation 
of section 337 with respect to the remaining asserted patents. The ALJ 
found that the asserted claims of each patent are infringed and not 
invalid or unenforceable. The ALJ found that the technical prong of the 
domestic industry requirement was satisfied for the asserted patents. 
The ALJ also issued a Recommended Determination on Remedy and Bonding 
(``RD''), recommending that a limited exclusion order and cease and 
desist orders should issue and that a bond of 100 percent should be 
imposed during the period of presidential review.
    On December 29, 2015, MasterImage filed a petition for review 
challenging various findings in the final ID. On January 6, 2016, RealD 
filed a response to MasterImage's petition. On January 15, 2016, and 
January 19, 2016, MasterImage and RealD respectively filed post-RD 
statements on the public interest under Commission Rule 210.50(a)(4). 
The Commission did not receive any post-RD public interest comments 
from the public in response to the Commission notice issued on December 
22, 2015. 80 FR 80795 (Dec. 28, 2015).

[[Page 23750]]

    On February 16, 2016, the Commission determined to review the final 
ID in part and requested additional briefing from the parties on 
certain issues. 81 FR at 8744-45. The Commission also solicited 
briefing from the parties and the public on the issues of remedy, the 
public interest, and bonding. Id.
    On March 1, 2016, the parties filed initial written submissions 
addressing the Commission's questions and the issues of remedy, the 
public interest, and bonding. On March 11, 2016, the parties filed 
response briefs. No comments were received from the public.
    On April 14, 2016, MasterImage filed a letter, notifying the 
Commission that, on that same day, the Patent Trial and Appeal Board of 
the U.S. Patent and Trademark Office (``PTAB'') issued a Final Written 
Decision finding claims 1, 6-10, and 18-20 of the '934 patent 
unpatentable. See MasterImage Ltr. (Apr. 14, 2016).
    The Commission has determined to extend the target date for 
completion of the investigation until June 1, 2016.
    The Commission requests a response to the following question only:
    1. What is the effect of the PTAB's Final Written Decision on the 
Commission's final determination, including any underlying findings, in 
this investigation? Please include in your response any effect on the 
issuance of remedial orders with respect to the asserted claims of the 
'455 and '296 patents and claim 11 of the '934 patent.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Initial written submissions must be filed no later than close of 
business on April 26, 2016. Initial written submissions by the parties 
shall be no more than 20 pages, excluding any attachments or exhibits. 
Reply submissions must be filed no later than the close of business on 
May 3, 2016. Reply submissions by the parties shall be no more than 20 
pages, excluding any attachments or exhibits. 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-939'') in a prominent place 
on the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary at (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 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: April 18, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09339 Filed 4-21-16; 8:45 am]
 BILLING CODE 7020-02-P