Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest, 35380-35381 [2016-12879]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 35380 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices determined to review-in-part the subject ID and, on review, to affirm the ID with certain modifications to the ALJ’s findings regarding the importation requirement. Notice of Commission Determination To Review an ID in Part and, on Review, to Affirm a Finding of a Violation of Section 337 dated December 14, 2015 (‘‘Commission Notice’’) at 2. See 80 Fed. Reg. 79097– 99 (Dec. 18, 2015). The Commission’s determination resulted in a finding of a violation of section 337. The Commission requested written submissions on remedy, public interest, and bonding. Id. Complainants and OUII timely filed their submissions pursuant to the Commission Notice. No other parties filed submissions in response to the Commission Notice. No submissions were filed by the public. Having reviewed the submissions filed in response to the Commission’s Notice and the evidentiary record, the Commission has determined that the appropriate form of relief in this investigation is: (a) A GEO prohibiting the unlicensed importation of certain ink cartridges and components thereof covered by one or more of claims 1 and 10 of the ’233 patent; claims 9, 14, 18, and 21 of the ’116 patent; claims 1, 18, 49, and 60 of the ’749 patent; claims 1 and 6 of the ’163 patent; and claims 14, 15, and 19 of the ’513 patent; and (b) CDOs directed against respondents Zinyaw and InkPro2day. The Commission has further determined that the public interest factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced remedial orders. Additionally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The Commission has also issued an opinion explaining the basis for the remedy. The investigation is terminated. The Commission’s orders and the record upon which it based its determination were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury of the orders. 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). VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 By order of the Commission. Issued: May 26, 2016. Lisa R. Barton, Secretary to the Commission. The Commission has received an amended complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on [FR Doc. 2016–12922 Filed 6–1–16; 8:45 am] behalf of Laerdal Medical Corp. and BILLING CODE 7020–02–P Laerdal Medical AS on March 21, 2016. The amended complaint alleges violations of section 337 of the Tariff INTERNATIONAL TRADE Act of 1930 (19 U.S.C. 1337) in the COMMISSION importation into the United States, the sale for importation, and the sale within Notice of Receipt of Amended the United States after importation of Complaint; Solicitation of Comments certain carbon spine board, cervical Relating to the Public Interest collar and various medical training AGENCY: U.S. International Trade manikin devices, and accompanying Commission. product catalogues, product inserts, literature and components thereof. The ACTION: Notice. amended complaint names as SUMMARY: Notice is hereby given that respondents Shanghai Evenk the U.S. International Trade International Trading Co., Ltd. of China; Commission has received an amended Shanghai Honglian Medical Instrument complaint entitled Certain Carbon Spine Development Co., Ltd. of China; Board, Cervical Collar and Various Shanghai Jolly Medical Education Co., Medical Training Manikin Devices, and Ltd. of China; Zhangjiagang Xiehe Accompanying Product Catalogues, Medical Apparatus & Instruments Co., Product Inserts, Literature and Ltd. of China; Zhangjiagang New Fellow Components Thereof DN 3128; the Med. Co., Ltd. of China; Jiangsu Commission is soliciting comments on Yongxin Medical Equipment Co., Ltd. of any public interest issues raised by the China; Jiangsu Yongxin Medical-Use amended complaint or complainants’ Facilities Making Co., Ltd. of China; filing under section 210.8(b) of the Jiangyin Everise Medical Devices Co., Commission’s Rules of Practice and Ltd. of China; Medsource International Procedure (19 CFR 210.8(b)). Co., Ltd. and Medsource Factory, Inc. of China; and Basic Medical Supply, LLC FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, of Richmond, TX. The complainants request that the Commission issue a U.S. International Trade Commission, general exclusion order, or in the 500 E Street SW., Washington, DC alternative issue a limited exclusion 20436, telephone (202) 205–2000. The order, and issue cease and desist orders. public version of the amended Proposed respondents, other complaint can be accessed on the interested parties, and members of the Commission’s Electronic Document Information System (EDIS) at EDIS,1 and public are invited to file comments, not to exceed five (5) pages in length, will be available for inspection during official business hours (8:45 a.m. to 5:15 inclusive of attachments, on any public p.m.) in the Office of the Secretary, U.S. interest issues raised by the amended complaint or section 210.8(b) filing. International Trade Commission, 500 E Comments should address whether Street SW., Washington, DC 20436, issuance of the relief specifically telephone (202) 205–2000. requested by the complainants in this General information concerning the investigation would affect the public Commission may also be obtained by health and welfare in the United States, accessing its Internet server at United competitive conditions in the United States International Trade Commission States economy, the production of like (USITC) at USITC.2 The public record or directly competitive articles in the for this investigation may be viewed on United States, or United States the Commission’s Electronic Document consumers. Information System (EDIS) at EDIS.3 In particular, the Commission is Hearing-impaired persons are advised interested in comments that: that information on this matter can be (i) Explain how the articles obtained by contacting the potentially subject to the requested Commission’s TDD terminal on (202) remedial orders are used in the United 205–1810. States; (ii) identify any public health, safety, 1 Electronic Document Information System or welfare concerns in the United States (EDIS): https://edis.usitc.gov. relating to the requested remedial 2 United States International Trade Commission orders; (USITC): https://edis.usitc.gov. (iii) identify like or directly 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. competitive articles that complainants, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: E:\FR\FM\02JNN1.SGM 02JNN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices their licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainants, complainants’ licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. 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 docket number (‘‘Docket No. 3128’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4). 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. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. 4 Handbook for Electronic Filing Procedures: https://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. 5 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 Issued: May 26, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–12879 Filed 6–1–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1002] Certain Carbon and Alloy Steel Products; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 26, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of United States Steel Corporation of Pittsburgh, Pennsylvania. A supplement to the complaint was filed on May 16, 2016. The complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain carbon and alloy steel products by reason of: (1) A conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the United States; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States; and (3) false designation of origin or manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a general exclusion order and cease and desist orders. SUMMARY: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning ADDRESSES: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 35381 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. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 26, 2016, ordered that – (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or in the sale of certain carbon and alloy steel products by reason of: (1) A conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the United States; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States; or (3) false designation of origin or manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the United States; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: United States Steel Corporation, 600 Grant Street, Pittsburgh, PA 15219–2800. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Hebei Iron and Steel Group Co., Ltd., 385 Sports South Avenue, E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35380-35381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12879]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Amended Complaint; Solicitation of Comments 
Relating to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received an amended complaint entitled Certain Carbon 
Spine Board, Cervical Collar and Various Medical Training Manikin 
Devices, and Accompanying Product Catalogues, Product Inserts, 
Literature and Components Thereof DN 3128; the Commission is soliciting 
comments on any public interest issues raised by the amended complaint 
or complainants' filing under section 210.8(b) of the Commission's 
Rules of Practice and Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the amended complaint can be accessed on the Commission's Electronic 
Document Information System (EDIS) at EDIS,\1\ and 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.
---------------------------------------------------------------------------

    \1\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): https://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received an amended 
complaint and a submission pursuant to section 210.8(b) of the 
Commission's Rules of Practice and Procedure filed on behalf of Laerdal 
Medical Corp. and Laerdal Medical AS on March 21, 2016. The amended 
complaint alleges violations of section 337 of the Tariff Act of 1930 
(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 carbon spine board, cervical collar and various 
medical training manikin devices, and accompanying product catalogues, 
product inserts, literature and components thereof. The amended 
complaint names as respondents Shanghai Evenk International Trading 
Co., Ltd. of China; Shanghai Honglian Medical Instrument Development 
Co., Ltd. of China; Shanghai Jolly Medical Education Co., Ltd. of 
China; Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd. of 
China; Zhangjiagang New Fellow Med. Co., Ltd. of China; Jiangsu Yongxin 
Medical Equipment Co., Ltd. of China; Jiangsu Yongxin Medical-Use 
Facilities Making Co., Ltd. of China; Jiangyin Everise Medical Devices 
Co., Ltd. of China; Medsource International Co., Ltd. and Medsource 
Factory, Inc. of China; and Basic Medical Supply, LLC of Richmond, TX. 
The complainants request that the Commission issue a general exclusion 
order, or in the alternative issue a limited exclusion order, and issue 
cease and desist orders.
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the amended complaint or section 210.8(b) filing. Comments should 
address whether issuance of the relief specifically requested by the 
complainants in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainants,

[[Page 35381]]

their licensees, or third parties make in the United States which could 
replace the subject articles if they were to be excluded;
    (iv) indicate whether complainants, complainants' licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    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 docket 
number (``Docket No. 3128'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \4\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------

    \4\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
---------------------------------------------------------------------------

    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. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
---------------------------------------------------------------------------

    \5\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: May 26, 2016.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2016-12879 Filed 6-1-16; 8:45 am]
 BILLING CODE 7020-02-P

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