Certain Basketball Backboard Components and Products Containing the Same Institution of Investigation, 9595-9596 [2017-02438]

Download as PDF Lhorne on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 15), which terminated the investigation on the basis of settlement. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2532. 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 TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 23, 2016, based on an amended complaint filed by Paice LLC and Abell Foundation, Inc. both of Baltimore, Maryland (collectively, ‘‘Paice’’). 81 FR 32343 (May 23, 2016). The amended complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain hybrid electric vehicles and components thereof by reason of the infringement of certain claims of U.S. Patent No. 7,104,347; U.S. Patent No. 7,237,634; and U.S. Patent No. 8,214,097. The notice of investigation named as respondents Volkswagen AG of Wolfsburg, Germany; Volkswagen Group of America, Inc. of Herndon, Virginia; Dr. Ing. H.C. F. Porsche AG of Porscheplatz, Germany; Porsche Cars North America, Inc. of Atlanta, Georgia; Audi AG of Ingolstadt, Germany; and Audi of America, of Herndon, Virginia (collectively, ‘‘Volkswagen’’). The Office of Unfair Import Investigations was not named as a party. On December 20, 2016, Paice and Volkswagen filed a joint motion to terminate the investigation in view of a settlement agreement between the parties. On December 23, 2016, they filed an amended joint motion to include further information. VerDate Sep<11>2014 14:31 Feb 06, 2017 Jkt 241001 On January 3, 2017, the presiding ALJ granted the motion as the subject ID. The ALJ found that the amended motion complies with Commission Rules, and that granting the motion is not contrary to the public interest. Id. at 2–3; see 19 CFR 210.21(b), 210.50(b)(2). No petitions for review of the ID were filed. The Commission has determined not to review the ID. 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: February 1, 2017 Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–02446 Filed 2–6–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1040] Certain Basketball Backboard Components and Products Containing 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 December 30, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lifetime Products, Inc. of Clearfield, Utah. Amendments to the complaint were filed on January 23, 2017, and January 24, 2017. The complaint, as amended, 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 basketball backboard components and products containing the same by reason of infringement of U.S. Patent No. 7,749,111 (‘‘the ’111 patent’’); U.S. Patent No. 8,845,463 (‘‘the ’463 patent’’); and U.S. Patent No. 8,852,034 (‘‘the ’034 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order, and cease and desist orders. SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 9595 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 the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. ADDRESSES: 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 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 1, 2017, 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 basketball backboard components and products containing the same by reason of infringement of one or more of claims 1, 10, 19, 25, and 35 of the ’111 patent; claims 1, 2, 6, 12, and 23 of the ’463 patent; and claims 18, 26, 28, 39, and 43 of the ’034 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) 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 complainant is: Lifetime Products, Inc., Freeport Center, Building D–11, Clearfield, UT 84016 (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: E:\FR\FM\07FEN1.SGM 07FEN1 9596 Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices Russell Brands, LLC d/b/a Spalding, One Fruit of the Loom Drive, Bowling Green, KY 42102 Reliable Sports Equipment (Wujiang) Co. Ltd., No. 4888 Linhu Road, Lili Town, Wujiang City, Jiangsu, China 215212 (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not be named as a party to this investigation. 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: February 1, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–02438 Filed 2–6–17; 8:45 am] BILLING CODE 7020–02–P Lhorne on DSK30JT082PROD with NOTICES INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–696 (Fourth Review)] Pure Magnesium From China; Scheduling of an Expedited Five-Year Review United States International Trade Commission. AGENCY: VerDate Sep<11>2014 14:31 Feb 06, 2017 Jkt 241001 ACTION: Notice. The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on pure magnesium (ingot) from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. SUMMARY: DATES: Effective Date: January 6, 2017. FOR FURTHER INFORMATION CONTACT: Amelia Shister (202–205–2047), 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: Background.—On January 6, 2017, the Commission determined that the domestic interested party group response to its notice of institution (81 FR 68046, October 3, 2016) of the subject five-year review was adequate and that the respondent interested party group response was inadequate.1 The Commission did not find any other circumstances that would warrant conducting a full review.2 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Staff report.—A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on 1 Commissioner Pinkert did not participate in this determination. 2 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 February 17, 2017, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,3 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before February 23, 2017 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by February 23, 2017. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules with respect to filing were revised effective July 25, 2014. See 79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-filing, available from the Commission’s Web site at https:// www.usitc.gov/secretary/documents/ handbook_on_filing_procedures.pdf. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (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. Determination.—The Commission has determined 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). Authority: This review is being conducted under authority of title VII of the Tariff Act 3 The Commission has found the responses submitted by US Magnesium LLC and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 8319 to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9595-9596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02438]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1040]


Certain Basketball Backboard Components and Products Containing 
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 December 30, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lifetime Products, Inc. of Clearfield, Utah. Amendments to the 
complaint were filed on January 23, 2017, and January 24, 2017. The 
complaint, as amended, 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 basketball 
backboard components and products containing the same by reason of 
infringement of U.S. Patent No. 7,749,111 (``the '111 patent''); U.S. 
Patent No. 8,845,463 (``the '463 patent''); and U.S. Patent No. 
8,852,034 (``the '034 patent''). The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests 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 the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    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 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 1, 2017, 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 basketball 
backboard components and products containing the same by reason of 
infringement of one or more of claims 1, 10, 19, 25, and 35 of the '111 
patent; claims 1, 2, 6, 12, and 23 of the '463 patent; and claims 18, 
26, 28, 39, and 43 of the '034 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) 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 complainant is:

Lifetime Products, Inc., Freeport Center, Building D-11, Clearfield, UT 
84016

    (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:


[[Page 9596]]


Russell Brands, LLC d/b/a Spalding, One Fruit of the Loom Drive, 
Bowling Green, KY 42102

Reliable Sports Equipment (Wujiang) Co. Ltd., No. 4888 Linhu Road, Lili 
Town, Wujiang City, Jiangsu, China 215212

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    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: February 1, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02438 Filed 2-6-17; 8:45 am]
 BILLING CODE 7020-02-P