Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 42376-42377 [2016-15450]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 42376 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices review, remedy, bonding, and the public interest. After considering the final ID, written submissions, and the record in this investigation, the Commission has determined to affirm-in-part the final ID and to terminate the investigation with a finding of violation of section 337. Specifically, the Commission finds that a violation of section 337 has occurred for the ’537, ’592, and ’145 patents and no violation has occurred for the ’597 and ’164 patents. The Commission finds that the asserted claims of the ’597 and ’164 patents are not directly infringed by the accused products. Having found a violation of section 337 in this investigation, the Commission has determined that the appropriate form of relief is (1) a limited exclusion order prohibiting the unlicensed entry of certain network devices, related software and components thereof that infringe one or more of claims 1, 2, 8–11, and 17–19 of the ’537 patent; claims 6, 7, 20, and 21 of the ’592 patent; and claims 5, 7, 45, and 46 of the ’145 patent; and (2) a cease and desist order prohibiting Arista from importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting United States, agents or distributors for States certain network devices, related software and components thereof that infringe one or more of claims 1, 2, 8– 11, and 17–19 of the ’537 patent; claims 6, 7, 20, and 21 of the ’592 patent; and claims 5, 7, 45, and 46 of the ’145 patent. The Commission has also determined that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not preclude issuance of the limited exclusion order or a cease and desist order. Finally, the Commission has determined that a bond during the period of Presidential review (19 U.S.C. 1337(j)) shall be in the amount of zero percent (0%) of the entered value of the imported articles that are subject to the limited exclusion order or cease and desist order. The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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. VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 Issued: June 23, 2016. Lisa R. Barton, Secretary to the Commission. subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). [FR Doc. 2016–15341 Filed 6–28–16; 8:45 am] Authority: This review is 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. BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1070B (Second Review)] Certain Tissue Paper Products From China; Cancellation of Hearing for Full Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: DATES: Effective Date: April 12, 2016. FOR FURTHER INFORMATION CONTACT: Justin Enck (202) 205–3363, Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Effective January 6, 2016, the Commission established a schedule for the conduct of this review (81 FR 1643, January 13, 2016). Subsequently, counsel for the domestic interested parties filed a request to appear at the hearing and for consideration of cancellation of the hearing. Counsel indicated a willingness to submit written testimony and responses to any Commission questions in lieu of an actual hearing. No other party has entered an appearance in this review. Consequently, the public hearing in connection with this review, scheduled to begin at 9:30 a.m. on Thursday, April 28, 2016, at the U.S. International Trade Commission Building, is cancelled. Parties to this review should respond to any written questions posed by the Commission in their posthearing briefs, which are due to be filed on May 5, 2016. For further information concerning this review see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 By order of the Commission. Issued: June 23, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–15340 Filed 6–28–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Potassium Chloride Powder Products, DN 3157; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s 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 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. 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 SUMMARY: 1 Electronic Document Information System (EDIS): https://edis.usitc.gov. 2 United States International Trade Commission (USITC): https://edis.usitc.gov. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\29JNN1.SGM 29JNN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Lehigh Valley Technologies, Inc.; Endo Global Ventures; Endo Ventures Limited; and Generics Bidco I, LLC (d/ b/a Qualitest Pharmaceuticals and Par Pharmaceutical) on June 15, 2016 . The 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 potassium chloride powder products. The complaint names as respondents Viva Pharmaceutical Inc. of Canada; Virtus Pharmaceuticals, LLC of Tampa, FL; and Virtus Pharmaceuticals OPCO II, LLC of Nashville, TN. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). 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 complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant 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 complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 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. 3157’’) 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. Issued: June 16, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–15450 Filed 6–28–16; 8:45 am] BILLING CODE 7020–02–P 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. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 42377 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–936] Certain Footwear Products; Commission Decision To Affirm-inPart, Reverse-in-Part, and Vacate Certain Portions of a Final Initial Determination Finding a Violation of Section 337; Issuance of General Exclusion Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirmin-part, reverse-in-part, and vacate certain portions of a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 in the above-captioned investigation, and has issued a general exclusion order directed against infringing footwear products. The Commission has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2310. 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 on November 17, 2014, based on a complaint filed on behalf of Converse Inc. of North Andover, Massachusetts. 79 FR 68482–83. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain U.S. Trademark Registration Nos.: 4,398,753 (‘‘the ’753 trademark’’); 3,258,103 (‘‘the ’103 trademark’’); and 1,588,960 (‘‘the ’960 trademark’’). The SUMMARY: E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42376-42377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15450]


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INTERNATIONAL TRADE COMMISSION


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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Potassium Chloride 
Powder Products, DN 3157; the Commission is soliciting comments on any 
public interest issues raised by the complaint or complainant's 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 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

[[Page 42377]]

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 a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Lehigh Valley Technologies, 
Inc.; Endo Global Ventures; Endo Ventures Limited; and Generics Bidco 
I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) on June 
15, 2016 . The 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 potassium chloride powder products. The 
complaint names as respondents Viva Pharmaceutical Inc. of Canada; 
Virtus Pharmaceuticals, LLC of Tampa, FL; and Virtus Pharmaceuticals 
OPCO II, LLC of Nashville, TN. The complainant requests that the 
Commission issue a limited exclusion order, cease and desist orders and 
impose a bond upon respondents' alleged infringing articles during the 
60-day Presidential review period pursuant to 19 U.S.C. 1337(j).
    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 complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant 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 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's 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. 3157'') 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: June 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15450 Filed 6-28-16; 8:45 am]
BILLING CODE 7020-02-P
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