Certain Ink Cartridges and Components Thereof; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 35379-35380 [2016-12922]
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
the investigation number (‘‘Inv. No.
337–TA–959’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: May 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–12923 Filed 6–1–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–946]
Certain Ink Cartridges and
Components Thereof; Issuance of a
General Exclusion Order and Cease
and Desist Orders; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to issue: (1)
A general exclusion order (‘‘GEO’’)
barring entry of certain ink cartridges
and components thereof that infringe
the patents asserted in this
investigation; and (2) cease and desist
orders (‘‘CDOs’’) directed against two
domestic defaulting respondents. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:30 Jun 01, 2016
Jkt 238001
Commission has terminated this
investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3115. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), on January 27, 2015,
based on a complaint filed by Epson
Portland Inc., Epson America, Inc. and
Seiko Epson Corporation (collectively,
‘‘Epson,’’ or Complainants). 80 FR
4314–16 (Jan. 27, 2015). The complaint
alleges a violation of section 337 by
reason of infringement of certain claims
of U.S. Patent No. 8,366,233 (‘‘the ’233
patent’’); U.S. Patent No. 8,454,116 (‘‘the
’116 patent’’); U.S. Patent No. 8,794,749
(‘‘the ’749 patent’’); U.S. Patent No.
8,801,163 (‘‘the ’163 patent’’); and U.S.
Patent No. 8,882,513 (‘‘the ’513 patent’’)
(collectively, the ‘‘Asserted Patents’’) by
numerous respondents. Id. In particular,
the notice of investigation named the
following nineteen entities as
respondents: Zhuhai Nano Digital
Technology Co., Ltd. of Zhuhai, China;
Nano Business & Technology, Inc. of
Lake Oswego, Oregon; Zhuhai National
Resources & Jingjie Imaging Products
Co., Ltd. of Zhuhai, China; Huebon Co.
Ltd. of Hong Kong; Chancen Co., Ltd. of
Hong Kong; Zhuhai Rich Imaging
Technology Co., Ltd. of Zhuhai, China;
Shanghai Orink Infotech International
Co., Ltd. of Shanghai, China; Orink
lnfotech International Co., Ltd. of Hong
Kong; Zinyaw LLC of Houston, Texas;
Yotat Group Co., Ltd. of Hong Kong;
Yotat (Zhuhai) Technology Co., Ltd. of
Zhuhai, China; Ourway Image Co., Ltd.
of Zhuhai, China; Kingway Image Co.,
Ltd. of Zhuhai, China; Zhuhai
Chinamate Technology Co., Ltd. of
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35379
Zhuhai, China; InkPro2day, LLC of Los
Angeles, California; Dongguan OcBestjet
Printer Consumables Co., Ltd. of
Dongguan, China; OcBestjet Printer
Consumables (HK) Co., Ltd. of Hong
Kong; Aomya Printer Consumables
(Zhuhai) Co., Ltd. of Guangdong, China;
and Zhuhai Richeng Development Co.,
Ltd. of Zhuhai, China. The
Commission’s Office of Unfair Import
Investigations (‘‘OUII’’) was also named
as a party.
On June 18, 2015, the ALJ issued an
initial determination (‘‘ID’’) (Order No.
9) finding in default respondents
Huebon Co.; Ltd., Chancen Co., Ltd.;
Yotat Group Co., Ltd.; Ourway Image
Co., Ltd.; Shanghai Orink Infotech
International Co., Ltd.; Orink Infotech
International Co., Ltd.; Kingway Image
Co., Ltd.; Zhuhai Chinamate Technology
Co., Ltd.; Yotat (Zhuhai) Technology
Co., Ltd.; Zhuhai Richeng Development
Co., Ltd.; Dongguan OcBestjet Printer
Consumables Co., Ltd.; OcBestjet Printer
Consumables (HK) Co., Ltd.; Zinyaw
LLC; InkPro2day; LLC, Aomya Printer
Consumables (Zhuhai) Co., Ltd.; Zhuhai
National Resources & Jingjie Imaging
Products Co., Ltd.; and Zhuhai Rich
Imaging Technology Co., Ltd.
(collectively, ‘‘the Defaulting
Respondents’’) (not reviewed Jul. 10,
2015). On July 8, 2015, the ALJ issued
an ID (Order No. 10) terminating the
investigation as to remaining named
respondents Zhuhai Nano Digital
Technology, Co., Ltd. (China) and Nano
Business and Technology, Inc. (USA)
based on a settlement agreement and
consent order (not reviewed Aug. 5,
2015).
All of the respondents in this
investigation have either defaulted or
entered into consent orders that have
been approved by the Commission. On
September 16, 2015, the ALJ issued an
ID (Order No. 11) partially terminating
the investigation based on Epson’s
withdrawal of certain claims (not
reviewed Oct. 15, 2015). 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 remain
pending in this investigation. ID at 3.
On August 31, 2015, Epson filed a
motion for summary determination of
violation by the Defaulting
Respondents. The IA filed a response in
support of the motion on September 11,
2015. No respondent filed a response to
the motion.
On October 28, 2015, the ALJ issued
an ID (order No. 12) granting
Complainants’ motion for summary
determination. No party petitioned for
review of the ID. The Commission
E:\FR\FM\02JNN1.SGM
02JNN1
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,
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Fmt 4703
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SUPPLEMENTARY INFORMATION:
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35379-35380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12922]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-946]
Certain Ink Cartridges and Components Thereof; Issuance of a
General Exclusion Order and Cease and Desist Orders; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue: (1) A general exclusion order
(``GEO'') barring entry of certain ink cartridges and components
thereof that infringe the patents asserted in this investigation; and
(2) cease and desist orders (``CDOs'') directed against two domestic
defaulting respondents. The Commission has terminated this
investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), on January 27, 2015, based on a complaint filed by
Epson Portland Inc., Epson America, Inc. and Seiko Epson Corporation
(collectively, ``Epson,'' or Complainants). 80 FR 4314-16 (Jan. 27,
2015). The complaint alleges a violation of section 337 by reason of
infringement of certain claims of U.S. Patent No. 8,366,233 (``the '233
patent''); U.S. Patent No. 8,454,116 (``the '116 patent''); U.S. Patent
No. 8,794,749 (``the '749 patent''); U.S. Patent No. 8,801,163 (``the
'163 patent''); and U.S. Patent No. 8,882,513 (``the '513 patent'')
(collectively, the ``Asserted Patents'') by numerous respondents. Id.
In particular, the notice of investigation named the following nineteen
entities as respondents: Zhuhai Nano Digital Technology Co., Ltd. of
Zhuhai, China; Nano Business & Technology, Inc. of Lake Oswego, Oregon;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of
Zhuhai, China; Huebon Co. Ltd. of Hong Kong; Chancen Co., Ltd. of Hong
Kong; Zhuhai Rich Imaging Technology Co., Ltd. of Zhuhai, China;
Shanghai Orink Infotech International Co., Ltd. of Shanghai, China;
Orink lnfotech International Co., Ltd. of Hong Kong; Zinyaw LLC of
Houston, Texas; Yotat Group Co., Ltd. of Hong Kong; Yotat (Zhuhai)
Technology Co., Ltd. of Zhuhai, China; Ourway Image Co., Ltd. of
Zhuhai, China; Kingway Image Co., Ltd. of Zhuhai, China; Zhuhai
Chinamate Technology Co., Ltd. of Zhuhai, China; InkPro2day, LLC of Los
Angeles, California; Dongguan OcBestjet Printer Consumables Co., Ltd.
of Dongguan, China; OcBestjet Printer Consumables (HK) Co., Ltd. of
Hong Kong; Aomya Printer Consumables (Zhuhai) Co., Ltd. of Guangdong,
China; and Zhuhai Richeng Development Co., Ltd. of Zhuhai, China. The
Commission's Office of Unfair Import Investigations (``OUII'') was also
named as a party.
On June 18, 2015, the ALJ issued an initial determination (``ID'')
(Order No. 9) finding in default respondents Huebon Co.; Ltd., Chancen
Co., Ltd.; Yotat Group Co., Ltd.; Ourway Image Co., Ltd.; Shanghai
Orink Infotech International Co., Ltd.; Orink Infotech International
Co., Ltd.; Kingway Image Co., Ltd.; Zhuhai Chinamate Technology Co.,
Ltd.; Yotat (Zhuhai) Technology Co., Ltd.; Zhuhai Richeng Development
Co., Ltd.; Dongguan OcBestjet Printer Consumables Co., Ltd.; OcBestjet
Printer Consumables (HK) Co., Ltd.; Zinyaw LLC; InkPro2day; LLC, Aomya
Printer Consumables (Zhuhai) Co., Ltd.; Zhuhai National Resources &
Jingjie Imaging Products Co., Ltd.; and Zhuhai Rich Imaging Technology
Co., Ltd. (collectively, ``the Defaulting Respondents'') (not reviewed
Jul. 10, 2015). On July 8, 2015, the ALJ issued an ID (Order No. 10)
terminating the investigation as to remaining named respondents Zhuhai
Nano Digital Technology, Co., Ltd. (China) and Nano Business and
Technology, Inc. (USA) based on a settlement agreement and consent
order (not reviewed Aug. 5, 2015).
All of the respondents in this investigation have either defaulted
or entered into consent orders that have been approved by the
Commission. On September 16, 2015, the ALJ issued an ID (Order No. 11)
partially terminating the investigation based on Epson's withdrawal of
certain claims (not reviewed Oct. 15, 2015). 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 remain pending in this
investigation. ID at 3.
On August 31, 2015, Epson filed a motion for summary determination
of violation by the Defaulting Respondents. The IA filed a response in
support of the motion on September 11, 2015. No respondent filed a
response to the motion.
On October 28, 2015, the ALJ issued an ID (order No. 12) granting
Complainants' motion for summary determination. No party petitioned for
review of the ID. The Commission
[[Page 35380]]
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).
By order of the Commission.
Issued: May 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12922 Filed 6-1-16; 8:45 am]
BILLING CODE 7020-02-P