Certain Passenger Vehicle Automotive Wheels; Commission Determination Not To Review Initial Determination Terminating the Investigation as to the Last Remaining Respondents; Termination of the Investigation, 10781-10782 [2017-02987]

Download as PDF Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Notices with the Rio Grande and removal of vegetation along the United States side of the Rio Grande between Brito Creek and Terneros Creek in Presidio County, Texas. Availability: The electronic version of the Final EA and FONSI is available from the USIBWC Web page: www.ibwc.gov/Organization/ Environmental/EIS_EA_Public_ Comment.html. Dated: February 1, 2017. Matt Myers, Chief Legal Council. [FR Doc. 2017–02770 Filed 2–14–17; 8:45 am] BILLING CODE 7010–01–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–997] Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon Settlement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 44) granting a joint motion to terminate the investigation in its entirety based upon settlement. FOR FURTHER INFORMATION CONTACT: Panyin A Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3042. 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. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:44 Feb 14, 2017 Jkt 241001 The Commission instituted Inv. No. 337– TA–997 on May 18, 2016, based on a complaint filed by ResMed Corporation of San Diego, California; ResMed Incorporated of San Diego, California; and ResMed Limited of New South Wales, Australia (collectively, ‘‘ResMed’’). 81 FR 31255–56 (May 18, 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 sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of U.S. Patent No. RE44,453; U.S. Patent No. 8,006,691; U.S. Patent No. 8,020,551; and U.S. Patent No. 9,072,860. The notice of investigation named the following respondents: BMC Medical Co., Ltd. of Beijing, China; 3B Medical, Inc. of Lake Wales, Florida; and 3B Products, L.L.C., of Lake Wales, Florida (collectively ‘‘BMC’’). The Office of Unfair Import Investigations (‘‘OUII’’) is not participating in the investigation. On January 23, 2017, ResMed and BMC filed a joint motion to terminate the investigation in its entirety based upon settlement. On January 24, 2017, the ALJ issued the subject ID, granting the joint motion to terminate the investigation in its entirety based upon settlement. The ALJ found that confidential and public copies of the settlement agreement were provided in compliance with the requirements of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), and that terminating the investigation would not be contrary to the public interest. 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). SUPPLEMENTARY INFORMATION: Issued: February 9, 2017. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–02988 Filed 2–14–17; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 10781 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1006] Certain Passenger Vehicle Automotive Wheels; Commission Determination Not To Review Initial Determination Terminating the Investigation as to the Last Remaining Respondents; 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 not to review an initial determination (‘‘ID’’) (Order No. 24) of the presiding administrative law judge (‘‘ALJ’’), terminating the above-captioned investigation as to respondents A–Z Wheels, LLC, Galaxy Wheels & Tires, LLC, and Infobahn International, Inc., all of San Diego, California (collectively, ‘‘the last remaining respondents’’), based on withdrawal of the allegations in the complaint. The Commission has also determined to terminate the investigation. SUMMARY: 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 June 17, 2016, based on a complaint filed on behalf of Daimler AG of Stuttgart, Germany. 81 FR 39711–12. 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 the following U.S. design patents and U.S. registered trademarks: D542,211 (‘‘the ’D211 patent’’); D582,330 (‘‘the ’D330 patent’’); E:\FR\FM\15FEN1.SGM 15FEN1 mstockstill on DSK3G9T082PROD with NOTICES 10782 Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Notices D656,078; D569,776 (‘‘the ’D776 patent’’); D602,834; D582,328; D542,726 (‘‘the ’D726 patent’’); D604,221; D570,760 (‘‘the ’D760 patent’’); D544,823 (‘‘the ’D823 patent’’); D486,437; D562,207; D635,904; D618,150 (‘‘the ’D150 patent’’); D585,802; D532,733 (‘‘the ’D733 patent’’); D572,646; D578,949; D638,772 (‘‘the ’D772 patent’’); D522,946; D638,766; D610,516; 3,614,891; 4,423,458; 3,305,055; 1,807,353; 1,660,727; 657,386; 285,557; 4,076,271 (‘‘the CLS 500 mark’’); 3,224,584 (‘‘the CLS 550 mark’’); 3,039,265 (‘‘the CLS 63 mark’’); 2,876,643; 2,909,827; 2,654,240 (‘‘the S 550 mark’’); 2,712,292; 2,028,111; 2,699,216 (‘‘the CLS–CLASS mark’’); 2,716,842 (‘‘the S–CLASS mark’’); 2,599,862; 2,028,107; 4,669,601; 3,103,610; 2,028,112; 3,100,860; 2,026,254; 2,815,926; 3,221,423; 2,227,526; 3,019,109; 2,837,833 (‘‘the ML mark’’); and 2,529,332 (‘‘the CLS mark’’). The complaint further alleges that a domestic industry exists. The Commission’s notice of investigation named as respondents O.E. Wheel Distributors, LLC (‘‘OEW’’) of Sarasota, Florida; Amazon.com, Inc. (‘‘Amazon’’) of Seattle, Washington; A Spec Wheels & Tires, LLC d/b/a A SPEC Wheels & Tires (‘‘ASPEC’’) of Hayward, California; American Tire Distributors Holdings, Inc. and American Tire Distributors, Inc. (collectively, ‘‘American Tire’’), both of Huntersville, North Carolina; Onyx Enterprises Int’l Corp. d/b/a CARiD.COM (‘‘Onyx’’) of Cranbury, New Jersey; Powerwheels Pro, LLC (‘‘Powerwheels Pro’’) of Waterford, Michigan; Trade Union International Inc. d/b/a Topline (‘‘Trade Union’’) of Montclair, California; and the last remaining respondents. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. Id. As detailed below, all other respondents have been terminated from the investigation based on settlement, consent order, and/or withdrawal of the allegations in the complaint. On August 18, 2016, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 11) terminating the investigation as to ASPEC based on a consent order stipulation and proposed consent order. On September 30, 2016, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 14) terminating the investigation as to Powerwheels Pro based on a consent order stipulation and proposed consent order. On November 2, 2016, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 15) terminating the VerDate Sep<11>2014 18:44 Feb 14, 2017 Jkt 241001 investigation as to the ’D726 patent and the CLS 500 mark based on withdrawal of the complaint as to these allegations. On December 2, 2016, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 16) terminating the investigation as to American Tire based on a consent order stipulation, proposed consent order, and settlement agreements. On December 16, 2016, the Commission issued notice of its determination not to review the ALJ’s IDs (Order Nos. 17, 18) terminating the investigation as to Onyx and Trade Union, each based on a consent order stipulation, proposed consent order, and settlement agreement. On the same date, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 19) terminating the investigation as to Amazon based on withdrawal of the allegations in the complaint as to Amazon. On January 6, 2017, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 21) terminating the investigation as to the ’D211, ’D330, ’D776, ’D726, ’D760, ’D823, ’D150, ’D733, and ’D772 patents; and the CLS 500, CLS 550, CLS 63, S 550, CLS– CLASS, S–CLASS, ML, and CLS marks based on withdrawal of the complaint as to these allegations. On February 2, 2017, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 23) terminating the investigation as to OEW based on a consent order stipulation, proposed consent order, and settlement agreement. On January 17, 2017, the complainant filed an unopposed motion to terminate the investigation as to the last remaining respondents based on withdrawal of the allegations in the complaint as to these respondents. In the motion, the complainant states that there are no other agreements, written or oral, express or implied between the parties concerning the subject matter of the investigation. The ALJ issued the subject ID on January 23, 2017, granting the motion for termination. He found that the motion satisfied Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and that there are no extraordinary circumstances that warrant denying the motion. No party petitioned for review of the subject ID. The Commission has determined not to review the ID and has terminated 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 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 Practice and Procedure, 19 CFR part 210. Issued: February 9, 2017. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–02987 Filed 2–14–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–17–006] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: February 22, 2017 at 11:00 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 701–TA–556 and 731–TA–1311 (Final) (Truck and Bus Tires from China). The Commission is currently scheduled to complete and file its determinations and views of the Commission by March 13, 2017. 5. Vote in Inv. No. 731–TA–1091 (Second Review) (Artists’ Canvas from China). The Commission is currently scheduled to complete and file its determination and views of the Commission by March 2, 2017. 6. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: February 9, 2017. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2017–03114 Filed 2–13–17; 11:15 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division United States v. Anheuser-Busch InBEV SA/NV, et al.; Public Comments and Response on Proposed Final Judgment Pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Notices]
[Pages 10781-10782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02987]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1006]


Certain Passenger Vehicle Automotive Wheels; Commission 
Determination Not To Review Initial Determination Terminating the 
Investigation as to the Last Remaining Respondents; 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 determined not to review an initial determination 
(``ID'') (Order No. 24) of the presiding administrative law judge 
(``ALJ''), terminating the above-captioned investigation as to 
respondents A-Z Wheels, LLC, Galaxy Wheels & Tires, LLC, and Infobahn 
International, Inc., all of San Diego, California (collectively, ``the 
last remaining respondents''), based on withdrawal of the allegations 
in the complaint. The Commission has also determined to terminate 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 June 17, 2016, based on a complaint filed on behalf of Daimler AG of 
Stuttgart, Germany. 81 FR 39711-12. 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 the following U.S. design patents and U.S. 
registered trademarks: D542,211 (``the 'D211 patent''); D582,330 (``the 
'D330 patent'');

[[Page 10782]]

D656,078; D569,776 (``the 'D776 patent''); D602,834; D582,328; D542,726 
(``the 'D726 patent''); D604,221; D570,760 (``the 'D760 patent''); 
D544,823 (``the 'D823 patent''); D486,437; D562,207; D635,904; D618,150 
(``the 'D150 patent''); D585,802; D532,733 (``the 'D733 patent''); 
D572,646; D578,949; D638,772 (``the 'D772 patent''); D522,946; 
D638,766; D610,516; 3,614,891; 4,423,458; 3,305,055; 1,807,353; 
1,660,727; 657,386; 285,557; 4,076,271 (``the CLS 500 mark''); 
3,224,584 (``the CLS 550 mark''); 3,039,265 (``the CLS 63 mark''); 
2,876,643; 2,909,827; 2,654,240 (``the S 550 mark''); 2,712,292; 
2,028,111; 2,699,216 (``the CLS-CLASS mark''); 2,716,842 (``the S-CLASS 
mark''); 2,599,862; 2,028,107; 4,669,601; 3,103,610; 2,028,112; 
3,100,860; 2,026,254; 2,815,926; 3,221,423; 2,227,526; 3,019,109; 
2,837,833 (``the ML mark''); and 2,529,332 (``the CLS mark''). The 
complaint further alleges that a domestic industry exists. The 
Commission's notice of investigation named as respondents O.E. Wheel 
Distributors, LLC (``OEW'') of Sarasota, Florida; Amazon.com, Inc. 
(``Amazon'') of Seattle, Washington; A Spec Wheels & Tires, LLC d/b/a A 
SPEC Wheels & Tires (``ASPEC'') of Hayward, California; American Tire 
Distributors Holdings, Inc. and American Tire Distributors, Inc. 
(collectively, ``American Tire''), both of Huntersville, North 
Carolina; Onyx Enterprises Int'l Corp. d/b/a CARiD.COM (``Onyx'') of 
Cranbury, New Jersey; Powerwheels Pro, LLC (``Powerwheels Pro'') of 
Waterford, Michigan; Trade Union International Inc. d/b/a Topline 
(``Trade Union'') of Montclair, California; and the last remaining 
respondents. The Office of Unfair Import Investigations (``OUII'') is 
also a party to the investigation. Id. As detailed below, all other 
respondents have been terminated from the investigation based on 
settlement, consent order, and/or withdrawal of the allegations in the 
complaint.
    On August 18, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 11) terminating the 
investigation as to ASPEC based on a consent order stipulation and 
proposed consent order. On September 30, 2016, the Commission issued 
notice of its determination not to review the ALJ's ID (Order No. 14) 
terminating the investigation as to Powerwheels Pro based on a consent 
order stipulation and proposed consent order. On November 2, 2016, the 
Commission issued notice of its determination not to review the ALJ's 
ID (Order No. 15) terminating the investigation as to the 'D726 patent 
and the CLS 500 mark based on withdrawal of the complaint as to these 
allegations. On December 2, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 16) terminating the 
investigation as to American Tire based on a consent order stipulation, 
proposed consent order, and settlement agreements. On December 16, 
2016, the Commission issued notice of its determination not to review 
the ALJ's IDs (Order Nos. 17, 18) terminating the investigation as to 
Onyx and Trade Union, each based on a consent order stipulation, 
proposed consent order, and settlement agreement. On the same date, the 
Commission issued notice of its determination not to review the ALJ's 
ID (Order No. 19) terminating the investigation as to Amazon based on 
withdrawal of the allegations in the complaint as to Amazon. On January 
6, 2017, the Commission issued notice of its determination not to 
review the ALJ's ID (Order No. 21) terminating the investigation as to 
the 'D211, 'D330, 'D776, 'D726, 'D760, 'D823, 'D150, 'D733, and 'D772 
patents; and the CLS 500, CLS 550, CLS 63, S 550, CLS-CLASS, S-CLASS, 
ML, and CLS marks based on withdrawal of the complaint as to these 
allegations. On February 2, 2017, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 23) terminating the 
investigation as to OEW based on a consent order stipulation, proposed 
consent order, and settlement agreement.
    On January 17, 2017, the complainant filed an unopposed motion to 
terminate the investigation as to the last remaining respondents based 
on withdrawal of the allegations in the complaint as to these 
respondents. In the motion, the complainant states that there are no 
other agreements, written or oral, express or implied between the 
parties concerning the subject matter of the investigation.
    The ALJ issued the subject ID on January 23, 2017, granting the 
motion for termination. He found that the motion satisfied Commission 
Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and that there are no 
extraordinary circumstances that warrant denying the motion. No party 
petitioned for review of the subject ID.
    The Commission has determined not to review the ID and has 
terminated 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.

     Issued: February 9, 2017.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02987 Filed 2-14-17; 8:45 am]
 BILLING CODE 7020-02-P