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]
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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)).
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19:18 Apr 21, 2016
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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 (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 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).
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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
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19:18 Apr 21, 2016
Jkt 238001
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 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
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]]>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 (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 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, https://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
