Certain Document Cameras and Software for Use Therewith; Issuance of a Limited Exclusion Order and Cease and Desist Order Against the Respondent Found in Default; Termination of the Investigation, 53157-53158 [2016-19037]

Download as PDF Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Notices 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. By order of the Commission. William R. Bishop, Supervisory Hearings and Information Officer. The Commission instituted this investigation on May 9, 2016, based on a complaint and supplements filed on behalf of WCM Industries, Inc., (‘‘complainant’’) of Colorado Springs, Colorado. 81 FR 28104 (May 9, 2016). The complaint as supplemented alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the sale for importation, importation, or sale within the United States after importation of certain overflow and drain assemblies for bathtubs and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,302,220; U.S. Patent No. 8,321,970; U.S. Patent No. 8,584,272; and U.S. Patent No. 9,200,436. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The Notice of Investigation names Bridging Partners Corporation (‘‘BPC’’) of Taipei, Taiwan; BEC of Taipei, Taiwan; and Everflow Industrial Supply Corporation (‘‘EIS’’) of Changhua, Taiwan as respondents. BPC and EIS were previously terminated from the investigation based on consent order stipulations and consent orders. Order No. 3 (unreviewed). On July 1, 2016, complainant filed a motion to terminate the investigation as to BEC based on a consent order stipulation and proposed consent order. On July 11, 2016, the ALJ granted the motion. Order No. 6. The ALJ found that the consent order stipulation and the proposed consent order comply with the Commission’s rules. The ALJ also found that there is no evidence that termination of the investigation as to BEC would be contrary to the public interest. Id. at 4. No petitions for review were filed. The Commission has determined not to review the subject ID and has issued a consent order. Since BEC is the last remaining respondent in the investigation, this action terminates the investigation. 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). INTERNATIONAL TRADE COMMISSION sradovich on DSK3GMQ082PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:44 Aug 10, 2016 Jkt 238001 [FR Doc. 2016–19065 Filed 8–10–16; 8:45 am] BILLING CODE 7020–02–P [Investigation No. 731–TA–1279 (Final)] Hydrofluorocarbon Blends and Components From China; Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of hydrofluorocarbon (‘‘HFC’’) blends from China, provided for in subheading 3824.78.00 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’).2 The Commission further determines that a U.S. industry is not materially injured or threatened with material injury by reason of imports of HFC components from China. Background The Commission, pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)), instituted this investigation effective June 25, 2015, following receipt of a petition filed with the Commission and Commerce by the American HFC Coalition, and its members: Amtrol, Inc., West Warwick, Rhode Island; Arkema, Inc., King of Prussia, Pennsylvania; The Chemours Company FC, LLC, Wilmington, Delaware; Honeywell International Inc., Morristown, New Jersey; Hudson Technologies, Pearl River, New York; Mexichem Fluor Inc., St. Gabriel, Louisiana; Worthington Industries, Inc., Columbus, Ohio; and District Lodge 154 of the International Association of Machinists and Aerospace Workers.3 The Commission scheduled the final 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the antidumping duty order on HFC blends from China. 3 The Commission did not grant Amtrol, Inc. and Worthington Industries, Inc. interested party status because neither qualifies as an interested party under 19 U.S.C. 1677(9). Neither firm produces or blends the subject products. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 53157 phase of the investigation following notification of a preliminary determination by Commerce that imports of hydrofluorocarbon blends and components from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 1, 2016 (81 FR 10662). The hearing was held in Washington, DC, on June 21, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made this determination pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on August 5, 2016. The views of the Commission are contained in USITC Publication 4629 (August 2016), entitled Hydrofluorocarbon Blends and Components from China: Investigation No. 731–TA–1279 (Final). By order of the Commission. Issued: August 5, 2016 William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2016–19064 Filed 8–10–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–967] Certain Document Cameras and Software for Use Therewith; Issuance of a Limited Exclusion Order and Cease and Desist Order Against the Respondent Found in Default; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order denying entry of certain document cameras and software for use therewith and a cease and desist order against QOMO HiteVision, LLC (‘‘QOMO’’). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. SUMMARY: E:\FR\FM\11AUN1.SGM 11AUN1 sradovich on DSK3GMQ082PROD with NOTICES 53158 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Notices International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2737. 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 September 24, 2015, based on a complaint filed on behalf of Pathway Innovations & Technologies, Inc. of San Diego, California (‘‘Complainant’’). 80 FR 57642 (September 24, 2015). The complaint alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the sale for importation, importation, or sale within the United States after importation of certain document cameras and software for use therewith by reason of infringement of certain claims of U.S. Design Patent No. D647,906; U.S. Design Patent No. D674,389; U.S. Design Patent No. D715,300; and U.S. Patent No. 8,508,751 (‘‘the ’751 patent’’). The Commission’s notice of investigation named the following respondents: Recordex USA, Inc., of Long Island City, New York (‘‘Recordex’’); QOMO of Wixom, Michigan; and Adesso, Inc. of Walnut, California (‘‘Adesso’’). The Office of Unfair Import Investigations was named as a party but has subsequently withdrawn from the investigation. Adesso was terminated based on a consent order stipulation and consent order. Order No. 5 (unreviewed) (Nov. 23, 2015). QOMO was found to be in default. Order No. 10 (unreviewed) (Dec. 7, 2015). Recordex was terminated based on settlement. Order No. 19 (unreviewed) (May 13, 2016). On December 7, 2015, the Commission determined not to review an initial determination finding QOMO in default and later requested briefing from the parties and the public on the issues of remedy, the public interest, and bonding. Complainant filed a submission requesting a limited exclusion order (‘‘LEO’’) and a cease and desist order (‘‘CDO’’) against VerDate Sep<11>2014 17:44 Aug 10, 2016 Jkt 238001 QOMO, and arguing that none of the public interest factors weighs against granting the LEO and CDO. Complainant requested that QOMO not be afforded the opportunity to import during the period of Presidential review, or in the alternative, that the bond be set at 100 percent of entered value in accordance with the Commission practice for defaulting respondents. The Commission finds that the statutory requirements for relief under section 337(g)(1), (19 U.S.C. 1337(g)(1)) are met with respect to QOMO. In addition the Commission finds that the public interest factors enumerated in section 337(g)(1) do not preclude issuance of the statutory relief. The Commission has determined that the appropriate remedy in this investigation is (1) an LEO prohibiting the unlicensed entry of certain document cameras and software for use therewith that are manufactured abroad by or on behalf of, or imported by or on behalf of, QOMO that infringe one or more of claims 1–10, 12–18, and 20 of the ’751 patent; and (2) a CDO prohibiting QOMO from importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting United States agents or distributors for certain document cameras and software for use therewith that infringe one or more of claims 1–10, 12–18, and 20 of the ’751 patent. Finally, the Commission has determined that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the LEO or CDO. The Commission’s orders 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. Issued: August 5, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–19037 Filed 8–10–16; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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 Industrial Control System Software, Systems Using Same, and Components Thereof, DN 3165; 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 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 Rockwell Automation, Inc. on August 5, 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 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\11AUN1.SGM 11AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Notices]
[Pages 53157-53158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19037]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-967]


Certain Document Cameras and Software for Use Therewith; Issuance 
of a Limited Exclusion Order and Cease and Desist Order Against the 
Respondent Found in Default; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order denying entry of 
certain document cameras and software for use therewith and a cease and 
desist order against QOMO HiteVision, LLC (``QOMO''). The investigation 
is terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S.

[[Page 53158]]

International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2737. 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 September 24, 2015, based on a complaint filed on behalf of Pathway 
Innovations & Technologies, Inc. of San Diego, California 
(``Complainant''). 80 FR 57642 (September 24, 2015). The complaint 
alleges violations of Section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the sale for importation, importation, or 
sale within the United States after importation of certain document 
cameras and software for use therewith by reason of infringement of 
certain claims of U.S. Design Patent No. D647,906; U.S. Design Patent 
No. D674,389; U.S. Design Patent No. D715,300; and U.S. Patent No. 
8,508,751 (``the '751 patent''). The Commission's notice of 
investigation named the following respondents: Recordex USA, Inc., of 
Long Island City, New York (``Recordex''); QOMO of Wixom, Michigan; and 
Adesso, Inc. of Walnut, California (``Adesso''). The Office of Unfair 
Import Investigations was named as a party but has subsequently 
withdrawn from the investigation. Adesso was terminated based on a 
consent order stipulation and consent order. Order No. 5 (unreviewed) 
(Nov. 23, 2015). QOMO was found to be in default. Order No. 10 
(unreviewed) (Dec. 7, 2015). Recordex was terminated based on 
settlement. Order No. 19 (unreviewed) (May 13, 2016).
    On December 7, 2015, the Commission determined not to review an 
initial determination finding QOMO in default and later requested 
briefing from the parties and the public on the issues of remedy, the 
public interest, and bonding. Complainant filed a submission requesting 
a limited exclusion order (``LEO'') and a cease and desist order 
(``CDO'') against QOMO, and arguing that none of the public interest 
factors weighs against granting the LEO and CDO. Complainant requested 
that QOMO not be afforded the opportunity to import during the period 
of Presidential review, or in the alternative, that the bond be set at 
100 percent of entered value in accordance with the Commission practice 
for defaulting respondents.
    The Commission finds that the statutory requirements for relief 
under section 337(g)(1), (19 U.S.C. 1337(g)(1)) are met with respect to 
QOMO. In addition the Commission finds that the public interest factors 
enumerated in section 337(g)(1) do not preclude issuance of the 
statutory relief.
    The Commission has determined that the appropriate remedy in this 
investigation is (1) an LEO prohibiting the unlicensed entry of certain 
document cameras and software for use therewith that are manufactured 
abroad by or on behalf of, or imported by or on behalf of, QOMO that 
infringe one or more of claims 1-10, 12-18, and 20 of the '751 patent; 
and (2) a CDO prohibiting QOMO from importing, selling, marketing, 
advertising, distributing, transferring (except for exportation), and 
soliciting United States agents or distributors for certain document 
cameras and software for use therewith that infringe one or more of 
claims 1-10, 12-18, and 20 of the '751 patent.
    Finally, the Commission has determined that the bond during the 
period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in 
the amount of 100 percent of the entered value of the imported articles 
that are subject to the LEO or CDO. The Commission's orders 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.

    Issued: August 5, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-19037 Filed 8-10-16; 8:45 am]
 BILLING CODE 7020-02-P

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