Sunshine Act Meeting, 33514-33515 [2017-15340]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES 33514 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices Commission has subject matter jurisdiction, in rem jurisdiction over the accused products, and in personam jurisdiction over Diebold. ID at 9, 104– 107. The ID finds that Nautilus satisfied the importation requirement of section 337 (19 U.S.C. 1337(a)(1)(B)). Id. The ID finds that the accused products directly infringe asserted claims 1–3, 6, 8, and 9 of the ’235 patent, and that Diebold contributorily infringes those claims. See ID at 111–160, 163–172. The ID, however, finds that Diebold failed to establish that the asserted claims of the ’235 patent are invalid for indefiniteness, anticipation, or obviousness. ID at 232–311. Finally, the ID finds that Nautilus established the existence of a domestic industry that practices the asserted patent under 19 U.S.C. 1337(a)(2). See ID at 212. The ALJ’s recommended determination on remedy and bonding issued concurrently with the final ID. RD at 330–40. The ALJ recommends that in the event the Commission finds a violation of section 337, the Commission should issue a limited exclusion order prohibiting the importation of Diebold’s automated teller machines, ATM modules, components thereof, and products containing the same that infringe the asserted claims of the ’235 patent. RD at 335. The ALJ also recommends issuance of cease and desist orders based on the presence of Diebold’s commercially significant inventory in the United States. RD at 338. With respect to the amount of bond that should be posted during the period of Presidential review, the ALJ recommends that the Commission set a bond in the amount of zero (i.e., no bond) during the period of Presidential review because Nautilus ‘‘did not attempt any type of price comparison.’’ RD at 341. On March 27, 2017, Diebold filed a petition for review of the ID. On April 4, 2017, Nautilus filed a response to Diebold’s petition for review. On May 15, 2017, the Commission determined to review the final ID in part and requested the parties to brief certain issues. See 82 FR 23064–66 (May 19, 2017). On May 25, 2017, the parties filed submissions to the Commission’s question and on remedy, the public interest, and bonding. On June 1, 2017, the parties filed reply submissions. Having examined the record of this investigation, including the final ID, and the parties’ submissions, the Commission has determined to (1) affirm the ALJ’s finding that the accused products and domestic industry products satisfy the claim limitation ‘‘horizontally transfer sheets along the main transfer path’’ and (2) reverse the VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 ALJ’s finding that certain prior art does not disclose the preamble to claim 1: ‘‘Automatic depositing apparatus for automatically depositing a bundle of banknotes including at least one cheque.’’ The Commission adopts the ID’s findings to the extent they are not inconsistent with the Commission opinion issued herewith. Having found a violation of section 337 in this investigation, the Commission has determined that the appropriate form of relief is: (1) A limited exclusion order prohibiting the unlicensed entry of automated teller machines, ATM modules, components thereof, and products containing the same that infringe one or more of claims 1–3, 6, 8, and 9 of the ’235 patent that are manufactured on or behalf of, or imported on or behalf of Diebold or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, except under license of the patent owner or as provided by law, and except for service or repair articles imported for use in servicing or repairing automated teller machines, ATM modules, components thereof, and products containing the same, for identical articles that were imported as of the date of this Order. This exception does not permit the importation of automated teller machines to replace such articles that were previously imported; and (2) cease and desist orders prohibiting Diebold from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting U.S. agents or distributors for, automated teller machines, ATM modules, components thereof, and products containing the same covered by one or more of claims 1–3, 6, 8, and 9 of the ’235 patent. The proposed cease and desist orders include the following exemptions: if in a written instrument, the owner of the patents authorizes or licenses such specific conduct, such specific conduct is related to the importation or sale of covered products by or for the United States, or such specific conduct is related to service or repair articles imported for use in servicing or repairing automated teller machines, ATM modules, components thereof, and products containing the same, for identical articles that were imported as of the date of this Order. This exception does not permit the importation of automated teller machines to replace such articles that were previously imported. The Commission has also determined that the public interest factors enumerated in section 337(d) and (f) (19 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 U.S.C. 1337(d) and (f)) do not preclude issuance of the limited exclusion order or cease and desist orders. Finally, the Commission has determined that a bond in the amount of zero is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) of automated teller machines, ATM modules, components thereof, and products containing the same that are subject to the remedial orders. 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 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: July 14, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–15200 Filed 7–19–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–17–030] Sunshine Act Meeting United States International Trade Commission. TIME AND DATE: July 27, 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–563 and 731–TA–1331–1332 (Final) (Finished Carbon Steel Flanges from India and Italy). The Commission is currently scheduled to complete and file its determinations and views of the Commission by August 14, 2017. 5. Vote in Inv. No. 731–TA–669 (Fourth Review) (Cased Pencils from China). The Commission is currently scheduled to complete and file its determination and views of the Commission by August 17, 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: E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices By order of the Commission. Issued: July 17, 2017. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2017–15340 Filed 7–18–17; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–583 and 731– TA–1381 (Preliminary)] Cast Iron Soil Pipe Fittings From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–583 and 731–TA–1381 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that 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 cast iron soil pipe fittings from China, provided for in subheading 7307.11.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by August 28, 2017. The Commission’s views must be transmitted to Commerce within five business days thereafter, or by September 5, 2017. DATES: July 13, 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 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.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on July 13, 2017, by the Cast Iron Soil Pipe Institute, Mundelein, IL. For further information concerning the conduct of these investigations 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 B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. 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 these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 33515 Thursday, August 3, 2017, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be emailed to William.bishop@ usitc.gov and Sharon.bellamy@usitc.gov (DO NOT FILE ON EDIS) on or before August 1, 2017. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before August 8, 2017, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at https://www.usitc.gov/ secretary/documents/handbook_on_ filing_procedures.pdf, elaborates upon the Commission’s rules with respect to electronic filing. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (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. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33514-33515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15340]


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 INTERNATIONAL TRADE COMMISSION

[USITC SE-17-030]


Sunshine Act Meeting

AGENCY HOLDING THE MEETING:  United States International Trade 
Commission.

TIME AND DATE:  July 27, 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-563 and 731-TA-1331-1332 (Final) 
(Finished Carbon Steel Flanges from India and Italy). The Commission is 
currently scheduled to complete and file its determinations and views 
of the Commission by August 14, 2017.
    5. Vote in Inv. No. 731-TA-669 (Fourth Review) (Cased Pencils from 
China). The Commission is currently scheduled to complete and file its 
determination and views of the Commission by August 17, 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.


[[Page 33515]]


    By order of the Commission.

    Issued: July 17, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-15340 Filed 7-18-17; 11:15 am]
 BILLING CODE 7020-02-P