Certain X-Ray Breast Imaging Devices and Components Thereof; Institution of Investigation, 35823-35824 [2017-16112]
Download as PDF
mstockstill on DSK30JT082PROD with NOTICES
Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
If you are a union/worker group or
trade/business association, provide the
information, on an aggregate basis, for
the firms in which your workers are
employed/which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Product accounted for by your
firm’s(s’) production;
(b) Capacity (quantity) of your firm to
produce the Domestic Like Product (that
is, the level of production that your
establishment(s) could reasonably have
expected to attain during the year,
assuming normal operating conditions
(using equipment and machinery in
place and ready to operate), normal
operating levels (hours per week/weeks
per year), time for downtime,
maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S.
commercial shipments of the Domestic
Like Product produced in your U.S.
plant(s);
(d) the quantity and value of U.S.
internal consumption/company
transfers of the Domestic Like Product
produced in your U.S. plant(s); and
(e) the value of (i) net sales, (ii) cost
of goods sold (COGS), (iii) gross profit,
(iv) selling, general and administrative
(SG&A) expenses, and (v) operating
income of the Domestic Like Product
produced in your U.S. plant(s) (include
both U.S. and export commercial sales,
internal consumption, and company
transfers) for your most recently
completed fiscal year (identify the date
on which your fiscal year ends).
(10) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from the Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2016 (report quantity data
in short tons and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping duties) of U.S. imports
and, if known, an estimate of the
percentage of total U.S. imports of
Subject Merchandise from the Subject
Country accounted for by your firm’s(s’)
imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. commercial shipments of Subject
Merchandise imported from the Subject
Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
VerDate Sep<11>2014
20:13 Jul 31, 2017
Jkt 241001
U.S. internal consumption/company
transfers of Subject Merchandise
imported from the Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2016
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping duties). If you
are a trade/business association, provide
the information, on an aggregate basis,
for the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in the Subject Country accounted for by
your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
the Subject Country (that is, the level of
production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
the Subject Country after 2011, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
35823
produced in the United States, Subject
Merchandise produced in the Subject
Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: July 25, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–15935 Filed 7–31–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1063]
Certain X-Ray Breast Imaging 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 June
28, 2017, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Hologic, Inc. of Marlborough,
Massachusetts. A supplement was filed
on July 10, 2017. The complaint, as
supplemented, 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 x-ray breast imaging devices and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 7,831,296 (‘‘the ’296 patent’’);
U.S. Patent No. 8,452,379 (‘‘the ’379
patent’’); U.S. Patent No. 7,688,940 (‘‘the
’940 patent’’); U.S. Patent No. 7,986,765
(‘‘the ’765 patent’’); and U.S. Patent No.
7,123,684 (‘‘the ’684 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
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
SUMMARY:
E:\FR\FM\01AUN1.SGM
01AUN1
mstockstill on DSK30JT082PROD with NOTICES
35824
Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
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:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
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
July 26, 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 x-ray breast
imaging devices and components
thereof by reason of infringement of one
or more of claims 23–25, 33, 35, 36, 39,
40, 42, and 44 of the ’296 patent; claims
1, 4, and 6–11 of the ’379 patent; claims
1, 2, 4, 5, 15, 22, and 23 of the ’940
patent; claims 10–15 of the ’765 patent;
and claims 11, 29, 32, 41, and 44 of the
’684 patent, and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties and
other interested persons with respect to
the public interest in this investigation,
as appropriate, and provide the
Commission with findings of fact and a
VerDate Sep<11>2014
20:13 Jul 31, 2017
Jkt 241001
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) 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: Hologic, Inc.,
250 Campus Drive, Marlborough, MA
01752.
(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:
FUJIFILM Corporation, 9–7–3 Akasaka
Minato-ku, Tokyo, Japan 107–0052.
FUJIFILM Medical Systems USA, Inc.,
419 West Avenue, Stamford, CT
06902.
FUJIFILM Techno Products Co., Ltd.,
Factory Hanamaki Site, 2–1–3
Kitayuguchi Hanamaki-Shi Iwate,
Japan 025–0301.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(4) 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.
PO 00000
By order of the Commission.
Frm 00082
Fmt 4703
Sfmt 4703
Issued: July 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–16112 Filed 7–31–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Integrated Photonics
Institute for Manufacturing Innovation
Operating Under the Name of the
American Institute for Manufacturing
Integrated Photonics
Notice is hereby given that, on June
19, 2017, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), the Integrated
Photonics Institute for Manufacturing
Innovation operating under the name of
the American Institute for
Manufacturing Integrated Photonics
(‘‘AIM Photonics’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, GE Global Research,
Niskayuna, NY; Cisco Systems, Inc., San
Jose, CA; AIXTRON SE, Sunnyvale, CA;
Toppan Photomasks, Inc., Round Rock,
TX; Ortho Clinical Diagnostics,
Rochester, NY; OndaVia, Inc., Hayward,
CA; Lockheed Martin Corporation,
Bethesda, MA; The University of Akron,
Akron, OH; MIT Lincoln Laboratory,
Lexington, MA; and Hamamatsu
Corporation, Bridgewater, NJ, have been
added as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and AIM
Photonics intends to file additional
written notifications disclosing all
changes in membership.
On June 16, 2016, AIM Photonics
filed its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on July 25, 2016 (81 FR
48450).
The last notification was filed with
the Department on March 22, 2017. A
notice was published in the Federal
E:\FR\FM\01AUN1.SGM
01AUN1
Agencies
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35823-35824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16112]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1063]
Certain X-Ray Breast Imaging 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 June 28, 2017, under section 337
of the Tariff Act of 1930, as amended, on behalf of Hologic, Inc. of
Marlborough, Massachusetts. A supplement was filed on July 10, 2017.
The complaint, as supplemented, 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 x-
ray breast imaging devices and components thereof by reason of
infringement of certain claims of U.S. Patent No. 7,831,296 (``the '296
patent''); U.S. Patent No. 8,452,379 (``the '379 patent''); U.S. Patent
No. 7,688,940 (``the '940 patent''); U.S. Patent No. 7,986,765 (``the
'765 patent''); and U.S. Patent No. 7,123,684 (``the '684 patent'').
The complaint further alleges that an industry in the United States
exists as required by the applicable Federal Statute.
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
[[Page 35824]]
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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
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 July 26, 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 x-ray breast
imaging devices and components thereof by reason of infringement of one
or more of claims 23-25, 33, 35, 36, 39, 40, 42, and 44 of the '296
patent; claims 1, 4, and 6-11 of the '379 patent; claims 1, 2, 4, 5,
15, 22, and 23 of the '940 patent; claims 10-15 of the '765 patent; and
claims 11, 29, 32, 41, and 44 of the '684 patent, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(3) 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: Hologic, Inc., 250 Campus Drive,
Marlborough, MA 01752.
(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:
FUJIFILM Corporation, 9-7-3 Akasaka Minato-ku, Tokyo, Japan 107-0052.
FUJIFILM Medical Systems USA, Inc., 419 West Avenue, Stamford, CT
06902.
FUJIFILM Techno Products Co., Ltd., Factory Hanamaki Site, 2-1-3
Kitayuguchi Hanamaki-Shi Iwate, Japan 025-0301.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) 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: July 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-16112 Filed 7-31-17; 8:45 am]
BILLING CODE 7020-02-P