Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof; Institution of Investigation, 12466-12467 [2017-04099]

Download as PDF 12466 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices mstockstill on DSK3G9T082PROD with NOTICES Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).2 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 May 18, 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 May 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 May 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 2 Commissioners Johanson and Broadbent voted to conduct a full review. Commissioner Pinkert is recused. 3 The Commission has found the responses submitted by the Committee for Fairly Traded Japanese Cement, the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, the Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, and the International Union of Operating Engineers to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 Commission’s Web site at https:// edis.usitc.gov. 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 this review to be 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 of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: February 28, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–04156 Filed 3–2–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1041] Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof; 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 January 26, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of OpenTV, Inc. of Mountain View, California; Nagra USA, Inc. of San Francisco, California; Nagravision SA of Switzerland; and Kudelski SA of Switzerland. A supplement was filed on February 13, 2017. The complaint 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 digital television set-top boxes, remote control devices, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,345,389 (‘‘the ’389 patent’’); U.S. Patent No. 7,028,327 (‘‘the ’327 patent’’); and U.S. Patent No. 7,725,720 (‘‘the ’720 patent’’). The complaint further alleges that an industry in the United States exists or is in the process SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 of being established 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 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 27, 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 digital television set-top boxes, remote control devices, and components thereof by reason of infringement of one or more of claims 1, 2, 9–11, and 13–16 of the ’389 patent; claims 13 and 36 of the ’327 patent; and claims 1, 2, 5, and 8 of the ’720 patent, and whether an industry in the United States exists or is in the process of being established 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 E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices mstockstill on DSK3G9T082PROD with NOTICES this notice of investigation shall be served: (a) The complainants are: OpenTV, Inc., 485 Clyde Avenue, Mountain View, CA 94043 Nagra USA, Inc., 275 Sacramento Street, San Francisco, CA 94111 Nagravision SA, 22–24, Route de ` Geneve, 1033 Cheseaux-sur-Lausanne, Switzerland ` Kudelski SA, 22–24, Route de Geneve, 1033 Cheseaux-sur-Lausanne, Switzerland (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: Comcast Corporation, One Comcast Center, 1701 John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103 Comcast Cable Communications, LLC, One Comcast Center, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103 Comcast Cable Communications Management, LLC, One Comcast Center, 1701 John F. Kennedy Blvd., Philadelphia, PA 19103 Comcast Business Communications, LLC, One Comcast Center, 1701 John F. Kennedy Blvd., Philadelphia, PA 19103 Comcast STB Software I, LLC, 1201 N. Market Street, Suite 1000, Wilmington, Delaware 19801 ARRIS International plc, 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Group, Inc., 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Technology, Inc., 101 Tournament Drive, Horsham, PA 19044 ARRIS Enterprises LLC, 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Global Ltd. (formerly Pace Ltd.), Victoria Road, Saltaire, West Yorkshire BD18 3LF, England Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431 Pace USA, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431 Universal Electronics Inc., 201 E. Sandpointe Avenue, Santa Ana, CA 92707 Gemstar Technology (China) Co. Ltd., Gemstar Industrial Park, No. 45, Zhong’Er Section, Shinguang Road, Guangzhou, Guangdong, 511495 China Gemstar Technology (Qinzhou) Co. Ltd., Hedong Industrial Park, Qinzhou, Guangxi Province, 535000 China Gemstar Technology (Yangzhou) Co. Ltd., 1 Junsheng Road Industry Park, VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 Fanshui Industrial Zone, Baoying, Yanzhou, 225800 China (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) 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: February 27, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–04099 Filed 3–2–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–669 (Fourth Review)] Cased Pencils From China; Notice of Commission Determination To Conduct a Full Five-Year Review and Scheduling of a Full Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of its determination to conduct, SUMMARY: PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 12467 and scheduling of, a full review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on cased pencils from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days. DATES: Effective Date: February 27, 2017. FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202–205–2610), 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 September 6, 2016, the Commission determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). The Commission found that the domestic interested party group response to its notice of institution (81 FR 35059, June 1, 2016) was adequate. The Commission found that the respondent interested party group response was inadequate. The Commission also found that other circumstances warranted conducting a full review. 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. Accordingly, a full review is being scheduled pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). Participation in the review and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in this review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12466-12467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04099]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1041]


Certain Digital Television Set-Top Boxes, Remote Control Devices, 
and Components Thereof; 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 January 26, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of OpenTV, Inc. of 
Mountain View, California; Nagra USA, Inc. of San Francisco, 
California; Nagravision SA of Switzerland; and Kudelski SA of 
Switzerland. A supplement was filed on February 13, 2017. The complaint 
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 digital television set-top boxes, 
remote control devices, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,345,389 (``the '389 
patent''); U.S. Patent No. 7,028,327 (``the '327 patent''); and U.S. 
Patent No. 7,725,720 (``the '720 patent''). The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established 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 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 27, 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 digital 
television set-top boxes, remote control devices, and components 
thereof by reason of infringement of one or more of claims 1, 2, 9-11, 
and 13-16 of the '389 patent; claims 13 and 36 of the '327 patent; and 
claims 1, 2, 5, and 8 of the '720 patent, and whether an industry in 
the United States exists or is in the process of being established 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

[[Page 12467]]

this notice of investigation shall be served:
    (a) The complainants are:

OpenTV, Inc., 485 Clyde Avenue, Mountain View, CA 94043
Nagra USA, Inc., 275 Sacramento Street, San Francisco, CA 94111
Nagravision SA, 22-24, Route de Gen[egrave]ve, 1033 Cheseaux-sur-
Lausanne, Switzerland
Kudelski SA, 22-24, Route de Gen[egrave]ve, 1033 Cheseaux-sur-Lausanne, 
Switzerland

    (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:

Comcast Corporation, One Comcast Center, 1701 John F. Kennedy 
Boulevard, Philadelphia, Pennsylvania 19103
Comcast Cable Communications, LLC, One Comcast Center, 1701 John F. 
Kennedy Boulevard, Philadelphia, PA 19103
Comcast Cable Communications Management, LLC, One Comcast Center, 1701 
John F. Kennedy Blvd., Philadelphia, PA 19103
Comcast Business Communications, LLC, One Comcast Center, 1701 John F. 
Kennedy Blvd., Philadelphia, PA 19103
Comcast STB Software I, LLC, 1201 N. Market Street, Suite 1000, 
Wilmington, Delaware 19801
ARRIS International plc, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Group, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Technology, Inc., 101 Tournament Drive, Horsham, PA 19044
ARRIS Enterprises LLC, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Global Ltd. (formerly Pace Ltd.), Victoria Road, Saltaire, West 
Yorkshire BD18 3LF, England
Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Pace USA, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Universal Electronics Inc., 201 E. Sandpointe Avenue, Santa Ana, CA 
92707
Gemstar Technology (China) Co. Ltd., Gemstar Industrial Park, No. 45, 
Zhong'Er Section, Shinguang Road, Guangzhou, Guangdong, 511495 China
Gemstar Technology (Qinzhou) Co. Ltd., Hedong Industrial Park, Qinzhou, 
Guangxi Province, 535000 China
Gemstar Technology (Yangzhou) Co. Ltd., 1 Junsheng Road Industry Park, 
Fanshui Industrial Zone, Baoying, Yanzhou, 225800 China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) 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: February 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04099 Filed 3-2-17; 8:45 am]
BILLING CODE 7020-02-P
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