Certain Inflatable Products With Tensioning Structures and Processes for Making the Same; Institution of Investigation, 41346-41347 [2016-14946]

Download as PDF sradovich on DSK3GDR082PROD with NOTICES 41346 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices business days prior to the date of the hearing. Written submissions.—Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is October 19, 2016. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is November 4, 2016. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before November 4, 2016. On November 30, 2016, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before December 2, 2016, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at https:// edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. The Commission has determined that these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C.1675(c)(5)(B). VerDate Sep<11>2014 17:43 Jun 23, 2016 Jkt 238001 Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: June 20, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–14947 Filed 6–23–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1009] Certain Inflatable Products With Tensioning Structures and Processes for Making the Same; 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 May 19, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Intex Recreation Corp. of Long Beach, California and Intex Marketing Ltd. of Tortola, British Virgin Islands. A supplement to the complaint was filed on June 1, 2016. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain inflatable products with tensioning structures and processes for making the same by reason of infringement of certain claims of U.S. Patent No. 8,562,773 (‘‘the ’773 patent’’) and U.S. Patent No. 9,156,203 (‘‘the ’203 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: 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 SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 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 (2015). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 20, 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)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain inflatable products with tensioning structures and processes for making the same by reason of infringement of one or more of claims 1–5 of the ’773 patent and claims 1, 6– 10, and 12–29 of the ’203 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Notwithstanding any Commission Rules that would otherwise apply, the presiding Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early decision, as to whether the complainant has satisfied the economic prong of the domestic industry requirement. Any such decision shall be in the form of an initial determination (ID). Petitions for review of such an ID shall be due five calendar days after service of the ID; any replies shall be due three business days after service of a petition. The ID will become the Commission’s final determination 30 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission expects the issuance of an early ID relating to the economic prong of the domestic industry requirement within 100 days of E:\FR\FM\24JNN1.SGM 24JNN1 sradovich on DSK3GDR082PROD with NOTICES Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices institution, except that the presiding ALJ may grant a limited extension of the ID for good cause shown. The issuance of an early ID finding that complainants do not satisfy the economic prong of the domestic industry requirement shall stay the investigation unless the Commission orders otherwise; any other decision shall not stay the investigation or delay the issuance of a final ID covering the other issues of the investigation. (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 complainants are: Intex Recreation Corp., 4001 Via Oro Avenue, Long Beach, CA 90810 Intex Marketing Ltd., Wickham’s Cay, P.O. Box 662, Road Town, Tortola, British Virgin Islands (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: Bestway (USA), Inc., 3249 East Harbour Drive, Phoenix, AZ 85034 Bestway Global Holdings, Inc., No. 3065 Cao An Road, Shanghai 201812, China Bestway (Hong Kong) International, Ltd., 66 Mody Road, Kowloon, Hong Kong Bestway Inflatables & Materials Corporation, No. 3065 Cao An Road, Shanghai 201812, China Bestway (Nantong) Recreation Corp., No. 8 Huimin West Road, Economic Development Zone, Rucheng Town, Nantong, Jiangsu 226503, China (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the VerDate Sep<11>2014 17:43 Jun 23, 2016 Jkt 238001 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 20, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–14946 Filed 6–23–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–994] Certain Portable Electronic Devices and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Intervenor Status to Google, Inc. U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 5) granting intervenor status to Google Inc. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–5468. 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 SUMMARY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 41347 contacting the Commission’s TDD terminal on (202) 205–1810. The Commission instituted this investigation on May 11, 2016, based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California (collectively, ‘‘Creative’’). 81 Fed. Reg. 29307–08. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation, sale for importation, and sale after importation of certain portable electronic devices and components thereof that infringe certain claims of U.S. Patent No. 6,928,433. Id. at 29307. The notice of investigation named as respondents ZTE Corporation of Guangdong, China; ZTE (USA) Inc. of Richardson, Texas; Sony Corporation of Tokyo, Japan; Sony Mobile Communications, Inc. of Tokyo, Japan; Sony Mobile Communications AB of Lund, Sweden; Sony Mobile Communications (USA), Inc. of Atlanta, Georgia; Samsung Electronics Co., Ltd. of Seoul, Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; LG Electronics, Inc. of Seoul, Republic of Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; LG Electronics Mobilecomm U.S.A. Inc. of San Diego, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, Illinois; HTC Corporation of Taiwan; HTC America, Inc. of Bellevue, Washington; Blackberry Ltd. of Waterloo, Ontario, Canada; and Blackberry Corporation of Irving, Texas. Id. at 29307–08. The notice also named the Office of Unfair Import Investigations as a party. Id. at 29308. On May 13, 2016, Google Inc. (‘‘Google’’) moved to intervene as a party in the investigation on the grounds that Creative’s allegations involve the functionality of Google’s Play Music application, and Google has an interest in defending its application. On May 19, 2016, the Commission Investigative Attorney filed a response supporting Google’s Motion. Creative stated that it would not respond to the motion, and no other responses were filed. On May 19, 2016, the ALJ granted the motion and issued the subject ID. He found that the motion complied with 19 CFR 210.19 and Federal Rule of Civil Procedure 24, and thus granted Google intervenor status will full participation rights as a party. No petitions for review of the subject ID were filed. SUPPLEMENTARY INFORMATION: E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41346-41347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14946]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1009]


Certain Inflatable Products With Tensioning Structures and 
Processes for Making the Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 19, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Intex Recreation Corp. of Long Beach, California and Intex Marketing 
Ltd. of Tortola, British Virgin Islands. A supplement to the complaint 
was filed on June 1, 2016. The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain inflatable products with tensioning 
structures and processes for making the same by reason of infringement 
of certain claims of U.S. Patent No. 8,562,773 (``the '773 patent'') 
and U.S. Patent No. 9,156,203 (``the '203 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: 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 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 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 20, 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)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain inflatable 
products with tensioning structures and processes for making the same 
by reason of infringement of one or more of claims 1-5 of the '773 
patent and claims 1, 6-10, and 12-29 of the '203 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the complainant has satisfied the economic prong of the 
domestic industry requirement. Any such decision shall be in the form 
of an initial determination (ID). Petitions for review of such an ID 
shall be due five calendar days after service of the ID; any replies 
shall be due three business days after service of a petition. The ID 
will become the Commission's final determination 30 days after the date 
of service of the ID unless the Commission determines to review the ID. 
Any such review will be conducted in accordance with Commission Rules 
210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The 
Commission expects the issuance of an early ID relating to the economic 
prong of the domestic industry requirement within 100 days of

[[Page 41347]]

institution, except that the presiding ALJ may grant a limited 
extension of the ID for good cause shown. The issuance of an early ID 
finding that complainants do not satisfy the economic prong of the 
domestic industry requirement shall stay the investigation unless the 
Commission orders otherwise; any other decision shall not stay the 
investigation or delay the issuance of a final ID covering the other 
issues of the investigation.
    (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 complainants are:

Intex Recreation Corp., 4001 Via Oro Avenue, Long Beach, CA 90810
Intex Marketing Ltd., Wickham's Cay, P.O. Box 662, Road Town, Tortola, 
British Virgin Islands

    (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:

Bestway (USA), Inc., 3249 East Harbour Drive, Phoenix, AZ 85034
Bestway Global Holdings, Inc., No. 3065 Cao An Road, Shanghai 201812, 
China
Bestway (Hong Kong) International, Ltd., 66 Mody Road, Kowloon, Hong 
Kong
Bestway Inflatables & Materials Corporation, No. 3065 Cao An Road, 
Shanghai 201812, China
Bestway (Nantong) Recreation Corp., No. 8 Huimin West Road, Economic 
Development Zone, Rucheng Town, Nantong, Jiangsu 226503, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: June 20, 2016.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-14946 Filed 6-23-16; 8:45 am]
 BILLING CODE 7020-02-P

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