Certain Intravascular Administration Sets and Components Thereof Institution of Investigation, 17690-17691 [2017-07375]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES 17690 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices requirement under section 337(a)(3)(C) with respect to all asserted patents and the asserted trademark. See 81 FR 70702–04 (Oct. 13, 2016). The Commission determined not to review the remainder of the ID. The Commission also requested written submissions on the issues of remedy, the public interest, and bonding from the parties and interested non-parties including specific questions directed to the parties regarding any request for cease and desist orders directed against one or more defaulting respondents. Id. On October 20 and 27, 2016, respectively, complainants and OUII each filed a brief and a reply brief regarding remedy, the public interest, and bonding. The Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is both: (1) A general exclusion order prohibiting the unlicensed entry of arrowheads with deploying blades and components thereof and packaging therefor that infringe one or more of: Claims 38, 42, 48, 68, and 75 of the ’144 patent; claim 1 of the ’454 patent; claim 1 the ’176 patent; claim 1 the ’141 patent; claim 1 of the ’806 patent; claim 1 of the ’298 patent; the D’962 patent; the D’489 patent; and the RAGE mark; and (2) a cease and desist order prohibiting Zowaysoon Trading from conducting any of the following activities in the United States: Importing, selling, marketing (including via the internet or electronic mail), advertising (including via the internet or electronic mail), distributing, offering for sale (including via the internet or electronic mail), transferring (except for exportation), and soliciting U.S. agents or distributors for, arrowheads with deploying blades and components thereof and packaging therefor that infringe one or more of claims 38, 42, 48, 68, and 75 of the ’144 patent; claim 1 of the ’454 patent; claim 1 of the ’298 patent; and the RAGE mark. Chairman Schmidtlein and Commissioner Kieff disagree with the Commission’s decision not to issue cease and desist orders against all of the defaulting respondents under section 337(g)(1), and Chairman Schmidtlein has filed a dissenting opinion explaining her views. The Commission further determined that the public interest factors enumerated in sections 337(d)(1) and (g)(1) (19 U.S.C. 1337(d)(1), (g)(1)) do not preclude issuance of the general exclusion order or the cease and desist order. Finally, the Commission determined that there shall be a bond in the amount of 100 percent of the entered VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 value of the covered products to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)). 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 Commission 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. By order of the Commission. Issued: April 6, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–07321 Filed 4–11–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1048] Certain Intravascular Administration Sets 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 March 13, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Curlin Medical Inc. of East Aurora, New York; ZEVEX, Inc. of Salt Lake City, Utah; and Moog Inc. of East Aurora, New York. 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 intravascular administration sets and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,164,921 (‘‘the ’921 patent’’) and U.S. Patent No. 6,371,732 (‘‘the ’732 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. SUMMARY: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on April 6, 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 intravascular administration sets and components thereof by reason of infringement of one or more of claims 1–3 of the ’732 patent and claims 1–34 of the ’921 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 complainants are: Curlin Medical Inc., Seneca and Jamison Road, East Aurora, NY 14052. ZEVEX, Inc., 4314 Zevex Park Lane, Salt Lake City, UT 84123. Moog Inc., 400 Jamison Road, East Aurora, NY 14052. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Yangzhou WeiDeLi Trade Co., Ltd., No. E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 287, Yangzijiang M. Rd., Yangzhou, China 225009. (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 respondent 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 the 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: April 7, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–07375 Filed 4–11–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION mstockstill on DSK30JT082PROD with NOTICES [Investigation No. 731–TA–1330 (Final)] Dioctyl Terephthalate (DOTP) From Korea; Correction; Scheduling of the Final Phase of an Antidumping Duty Investigation United States International Trade Commission. ACTION: Corrected notice. AGENCY: The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. SUMMARY: VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 731–TA–1330 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of dioctyl terephthalate (DOTP) from Korea, provided for in subheading 2917.39.20 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fairvalue. DATES: Effective February 3, 2017. FOR FURTHER INFORMATION CONTACT: Porscha Stiger (202–205–3241), 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 investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—The final phase of this investigation 1 is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary 1 For purposes of this investigation, the Department of Commerce has defined the subject merchandise as dioctyl terephthalate (‘‘DOTP’’), regardless of form. DOTP that has been blended with other products is included within this scope when such blends include constituent parts that have not been chemically reacted with each other to produce a different product. For such blends, only the DOTP component of the mixture is covered by the scope of this investigation. DOTP that is otherwise subject to this investigation is not excluded when commingled with DOTP from sources not subject to this investigation. Commingled refers to the mixing of subject and nonsubject DOTP. Only the subject component of such commingled products is covered by the scope of the investigation. DOTP has the general chemical formulation C6H4(C8H17COO)2 and a chemical name of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a Chemical Abstract Service (‘‘CAS’’) registry number of 6422–86–2. Regardless of the label, all DOTP is covered by this investigation. Subject merchandise is currently classified under subheading 2917.39.2000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Subject merchandise may also enter under subheadings 2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry number and HTSUS classification are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 17691 determination by the Department of Commerce that imports of dioctyl terephthalate (DOTP) from Korea are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigation was requested in a petition filed on June 30, 2016, by Eastman Chemical Company, Kingsport, Tennessee. For further information concerning the conduct of this phase of the investigation, hearing procedures, 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 and C (19 CFR part 207). Participation in the investigation 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 the final phase of this investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigation need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of this investigation available to authorized applicants under the APO issued in the investigation, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigation. A party granted access to BPI in the preliminary phase of the investigation need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of this investigation will be placed in the nonpublic record on May 18, 2017, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. E:\FR\FM\12APN1.SGM 12APN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17690-17691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07375]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1048]


Certain Intravascular Administration Sets and Components Thereof 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 13, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Curlin Medical 
Inc. of East Aurora, New York; ZEVEX, Inc. of Salt Lake City, Utah; and 
Moog Inc. of East Aurora, New York. 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 intravascular administration sets and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
6,164,921 (``the '921 patent'') and U.S. Patent No. 6,371,732 (``the 
'732 patent''). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 6, 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 
intravascular administration sets and components thereof by reason of 
infringement of one or more of claims 1-3 of the '732 patent and claims 
1-34 of the '921 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 complainants are:

Curlin Medical Inc., Seneca and Jamison Road, East Aurora, NY 14052.
ZEVEX, Inc., 4314 Zevex Park Lane, Salt Lake City, UT 84123.
Moog Inc., 400 Jamison Road, East Aurora, NY 14052.

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Yangzhou WeiDeLi Trade Co., Ltd., No.

[[Page 17691]]

287, Yangzijiang M. Rd., Yangzhou, China 225009.
    (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 respondent 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 the 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: April 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07375 Filed 4-11-17; 8:45 am]
 BILLING CODE 7020-02-P

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