Certain Ink Cartridges and Components Thereof; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 35379-35380 [2016-12922]

Download as PDF 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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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]


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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
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