Certain Wafer-Level Packaging Semiconductor Devices and Products Containing Same (Including Cellular Phones, Tablets, Laptops, and Notebooks) and Components Thereof; Institution of Investigation, 51292-51293 [2017-24004]
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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices
(‘‘Excel’’), alleging a violation of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based upon the importation into
the United States, or in the sale of
certain hand dryers and housings for
hand dryers by reason of trade dress
infringement, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
See 81 FR 50549–50 (Aug. 1, 2016). The
notice of investigation identified twelve
respondents: ACL Group (Intl.) Ltd. of
Skelbrooke, United Kingdom (‘‘ACL’’);
Alpine Industries Inc. of Irvington, New
Jersey (‘‘Alpine’’); FactoryDirectSale of
Ontario, California; Fujian Oryth
Industrial Co., Ltd. (a/k/a Oryth) of
Fujian, China (‘‘Oryth’’); Jinhua Kingwe
Electrical Co. Ltd., (a/k/a Kingwe) of
Jinhua City, China (‘‘Kingwe’’); Penson
& Co. of Shanghai, China (‘‘Penson’’);
Taizhou Dihour Electrical Appliances
Co., Ltd., a/k/a Dihour of Wenling City,
China (‘‘Dihour’’); TC Bunny Co., Ltd. of
Shanghai, China (‘‘TC Bunny’’);
Toolsempire of Ontario, California; US
Air Hand Dryer of Sacramento,
California (‘‘US Air’’); Sovereign
Industrial (Jiaxing) Co. Ltd. d/b/a
Vinovo of Jiaxing, China (‘‘Vinovo’’);
and Zhejiang Aike Appliance Co., Ltd.
of Zhejiang, China (‘‘Aike’’). See id. The
Office of Unfair Import Investigations
(‘‘OUII’’) is also a party to this
investigation. See id.
The Commission terminated six
respondents from the investigation
based on consent order stipulations and
the entry of consent orders. These
terminated respondents are: Alpine,
Order No. 11 (Sept. 8, 2016), not
reviewed, Notice (Oct. 11, 2016);
Kingwe, Order No. 12 (Sept. 8, 2016),
not reviewed, Notice (Oct. 11, 2016);
ACL, Order No. 15 (Sept. 28, 2016), not
reviewed, Notice (Oct. 27, 2016); Aike,
Order No. 16 (Oct. 4, 2016), not
reviewed, Notice (Nov. 3, 2016);
Toolsempire, Order No. 18 (Oct. 11,
2016), not reviewed, Notice (Nov. 14,
2016); and FactoryDirectSale (Order No.
19 (Oct. 11, 2016), not reviewed, Notice
(Nov. 14, 2016).
The Commission found the six
remaining respondents in default based
on their failure to respond to the
complaint and notice of investigation.
These respondents (‘‘the Defaulted
Respondents’’) are: Penson, Dihour, US
Air, Oryth, TC Bunny, and Vinovo.
Order No. 21 (Oct. 31, 2016), not
reviewed, Notice (Nov. 28, 2016); Order
No. 24 (Feb. 2, 2017), not reviewed,
Notice (Feb. 22, 2017).
On March 24, 2017, Excel filed a
motion for summary determination on
domestic industry and violation of
section 337 by the Defaulting
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16:18 Nov 02, 2017
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Respondents. Excel also requested a
general exclusion order, cease and
desist orders, and a bond rate of 100
percent of entered value during the
period of Presidential review. On April
5, 2017, the OUII filed a response in
support of Excel’s motion and requested
remedy. On June 2, 2017, the ALJ issued
the subject ID/RD (Order No. 27),
granting the motion and recommending
that the Commission issue a general
exclusion order, issue cease and desist
orders, and set a bond at 100 percent of
entered value during the period of
Presidential review. No petitions for
review of the subject ID were filed.
On July 14, 2017, the Commission
determined ‘‘to review the ID’s analysis
and finding with respect to the
existence of a domestic industry.’’
Notice (July 14, 2017). The Commission
also sought written submissions on two
issues from the parties, and written
submissions on remedy, the public
interest, and bonding from the parties
and the public. The Commission
received a main submission from OUII
on July 27, 2017, a main submission
from Excel on July 28, 2017, and a reply
submission from OUII on August 2,
2017. No other submissions were
received.
Having examined the record of this
investigation, the Commission has
determined to affirm under modified
reasoning the ALJ’s finding with respect
to the existence of a domestic industry.
Here, although this investigation
concerns an alleged violation of section
337(a)(1)(A)(i) based on trade dress
infringement, the ALJ analyzed the
existence of a domestic industry under
section 337(a)(3), which applies to
section 337(a)(1)(B)–(E). The
Commission finds that the evidence
credited by the ALJ is sufficient to
satisfy the requirement of ‘‘an industry
in the United States’’ under section
337(a)(1)(A)(i).
The Commission has determined that
the appropriate form of relief in this
investigation is: (a) A general exclusion
order; and (b) cease and desist orders
prohibiting US Air, Penson, and TC
Bunny from importing, selling, offering
for sale, marketing, advertising,
distributing, offering for sale,
transferring (except for exportation), or
soliciting U.S. agents or distributors of
imported hand dryers and housings for
hand dryers that infringe the Excel
Trade Dress. The Commission has
further determined that the public
interest factors enumerated in section
337(d)(2) (19 U.S.C. 1337(d)(2)) and in
section 337(g)(1) (19 U.S.C. 1337(g)(1))
do not preclude the issuance of the
general exclusion order and cease and
desist orders, respectively. Finally, the
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Commission has determined that the
bond for importation during the period
of Presidential review shall be in the
amount of 100 percent of the entered
value of the imported subject articles of
the respondents. The investigation is
terminated.
Chairman Schmidtlein supports
issuing all of the cease and desist orders
requested by Excel, including against
Vinovo. She has filed a dissenting
opinion explaining her views.
The Commission’s orders and opinion
were delivered to the President and 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: October 30, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–23938 Filed 11–2–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1080]
Certain Wafer-Level Packaging
Semiconductor Devices and Products
Containing Same (Including Cellular
Phones, Tablets, Laptops, and
Notebooks) 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
September 28, 2017, under section 337
of the Tariff Act of 1930, as amended,
on behalf of Tessera Advanced
Technologies, Inc. of San Jose,
California. A supplement to the
complaint was filed on October 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 wafer-level packaging
semiconductor devices and products
containing same (including cellular
phones, tablets, laptops, and notebooks)
and components thereof by reason of
infringement of one or more claims of
U.S. Patent No. 6,954,001 (‘‘the ’001
patent’’) and U.S. Patent No. 6,784,557
SUMMARY:
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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices
(‘‘the ’557 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
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:
Katherine Hiner, The Office of
Secretary, Docket Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
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
October 30, 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 wafer-level
packaging semiconductor devices and
products containing same (including
cellular phones, tablets, laptops, and
notebooks) and components thereof by
reason of infringement of one or more of
claims 1–8 of the ’557 patent and claims
1–18 of the ’001 patent; and whether an
industry in the United States exists as
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16:18 Nov 02, 2017
Jkt 244001
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 complainant is: Tessera
Advanced Technologies, Inc., 3025
Orchard Parkway, San Jose, CA 95134.
(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:
Samsung Electronics Co., Ltd., 129
Samsung-ro, Maetan-3dong, Yeongtonggu, Suwon-si, Gyeonggi-do, Republic of
Korea 443–742.
Samsung Electronics America, Inc., 85
Challenger Road, Ridgefield Park, NJ
07660.
Samsung Semiconductor, Inc., 3655
N. 1st Street, San Jose, CA 95134.
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
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.
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51293
Issued: October 31, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–24004 Filed 11–2–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–470F]
Final Adjusted Aggregate Production
Quotas for Schedule I and II Controlled
Substances and Assessment of
Annual Needs for the List I Chemicals
Ephedrine, Pseudoephedrine, and
Phenylpropanolamine for 2017
Drug Enforcement
Administration (DEA), Department of
Justice (DOJ).
ACTION: Final order.
AGENCY:
This final order establishes
the final adjusted 2017 aggregate
production quotas for controlled
substances in schedules I and II of the
Controlled Substances Act and the
assessment of annual needs for the list
I chemicals ephedrine,
pseudoephedrine, and
phenylpropanolamine.
SUMMARY:
This order is applicable
November 3, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michael J. Lewis, Diversion Control
Division, Drug Enforcement
Administration, 8701 Morrissette Drive,
Springfield, VA 22152, Telephone: (202)
598–6812.
SUPPLEMENTARY INFORMATION:
Legal Authority
Section 306 of the Controlled
Substances Act (CSA) (21 U.S.C. 826)
requires the Attorney General to
establish aggregate production quotas
for each basic class of controlled
substances listed in schedules I and II
and for the list I chemicals ephedrine,
pseudoephedrine, and
phenylpropanolamine. The Attorney
General has delegated this function to
the Administrator of the Drug
Enforcement Administration (DEA)
pursuant to 28 CFR 0.100.
Background
The DEA published the 2017
established aggregate production quotas
for controlled substances in schedules I
and II and for the assessment of annual
needs for the list I chemicals ephedrine,
pseudoephedrine, and
phenylpropanolamine in the Federal
Register on October 5, 2016. 81 FR
69079. This notice stated that the
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]]>Agencies
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51292-51293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24004]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1080]
Certain Wafer-Level Packaging Semiconductor Devices and Products
Containing Same (Including Cellular Phones, Tablets, Laptops, and
Notebooks) 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 September 28, 2017, under
section 337 of the Tariff Act of 1930, as amended, on behalf of Tessera
Advanced Technologies, Inc. of San Jose, California. A supplement to
the complaint was filed on October 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 wafer-level packaging semiconductor
devices and products containing same (including cellular phones,
tablets, laptops, and notebooks) and components thereof by reason of
infringement of one or more claims of U.S. Patent No. 6,954,001 (``the
'001 patent'') and U.S. Patent No. 6,784,557
[[Page 51293]]
(``the '557 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 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: Katherine Hiner, The Office of
Secretary, Docket Services, U.S. International Trade Commission,
telephone (202) 205-1802.
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 October 30, 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 wafer-level
packaging semiconductor devices and products containing same (including
cellular phones, tablets, laptops, and notebooks) and components
thereof by reason of infringement of one or more of claims 1-8 of the
'557 patent and claims 1-18 of the '001 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 complainant is: Tessera Advanced Technologies, Inc., 3025
Orchard Parkway, San Jose, CA 95134.
(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:
Samsung Electronics Co., Ltd., 129 Samsung-ro, Maetan-3dong,
Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea 443-742.
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield
Park, NJ 07660.
Samsung Semiconductor, Inc., 3655 N. 1st Street, San Jose, CA
95134.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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: October 31, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24004 Filed 11-2-17; 8:45 am]
BILLING CODE 7020-02-P
