Certain LED Lighting Devices, LED Power Supplies, and Components Thereof Institution of Investigation, 51872-51873 [2017-24323]

Download as PDF 51872 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices Electronic Document Information System (EDIS) where the full written submission can be found. By order of the Commission. Issued: November 2, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–24261 Filed 11–7–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1081] Certain LED Lighting Devices, LED Power Supplies, 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 21, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Philips Lighting North America Corp. of Somerset, New Jersey and Philips Lighting Holding B.V. of the Netherlands. Supplements to the complaint were filed on October 6 and 30, 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 LED lighting devices, LED power supplies, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,586,890 (‘‘the ’890 patent’’); U.S. Patent No. 7,038,399 (‘‘the ’399 patent’’); U.S. Patent No. 7,256,554 (‘‘the ’554 patent’’); U.S. Patent No. 7,262,559 (‘‘the ’559 patent’’); and U.S. Patent No. 8,070,328 (‘‘the ’328 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 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 ethrower on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:26 Nov 07, 2017 Jkt 244001 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 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 November 2, 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 LED lighting devices, LED power supplies, and components thereof by reason of infringement of one or more of claims 14, 22, and 30 of the ’890 patent; claims 1, 2, 4, 5, 7, 8, 17–19, 34, 35, 47, 48, and 58–60 of the ’399 patent; claims 1, 2, 5– 7, 12, 46, 47, and 49–51 of the ’554 patent; claims 6 and 12 of the ’559 patent; and claims 1, 2, 4, 7, and 9 of the ’328 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: Philips Lighting North America Corp., 200 Franklin Square Drive, Somerset, NJ 08873. Philips Lighting Holding B.V., High Tech Campus 45, Eindhoven, 5656 AE, Netherlands. (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: Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Edgewell Personal Care Brands, LLC, 6 Research Drive, Shelton, CT 06484. Feit Electric Company, Inc. (China), Zone B, 2/F, Xinyu Building, No. 17 Huoju East Road, Huli District Xiamen, China. Lowe’s Companies, Inc., 1000 Lowe’s Boulevard, Mooresville, NC 28117. L G Sourcing, Inc., 1605 Curtis Bridge Road, North Wilkesboro, NC 28659. MSi Lighting, Inc., 622 Banyan Trail Suite 200, Boca Raton, FL 33431. Satco Products, Inc., 110 Heartland Boulevard, Brentwood, NY 11717. Topaz Lighting Corp., 925 Waverly Avenue, Holtsville, NY 11742. Wangs Alliance Corporation d/b/a WAC, Lighting Co., 44 Harbor Park Drive, Port Washington, NY 11050. WAC Lighting (Shanghai) Co. Ltd., No. 14, Lane 299, Bi Sheng Road, Zhang Jiang, Pu Dong District, Shanghai, China 201204. (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 the 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. E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices Issued: November 3, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–24323 Filed 11–7–17; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–471F] Established 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 2018 Drug Enforcement Administration, Department of Justice. ACTION: Final order. AGENCY: This final order establishes the initial 2018 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. APPLICABLE DATE: Applicable November 8, 2017. 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: SUMMARY: 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 substance 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 DEA pursuant to 28 CFR 0.100. ethrower on DSK3G9T082PROD with NOTICES Background The 2018 aggregate production quotas and assessment of annual needs represent those quantities of schedule I and II controlled substances and the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine that may be manufactured in the United States in 2018 to provide for the estimated medical, scientific, research, industrial needs of the United States, lawful export requirements, and the VerDate Sep<11>2014 17:26 Nov 07, 2017 Jkt 244001 establishment and maintenance of reserve stocks. These quotas include imports of ephedrine, pseudoephedrine, and phenylpropanolamine, but do not include imports of controlled substances for use in industrial processes. On August 7, 2017, a notice titled ‘‘Proposed 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 2018’’ was published in the Federal Register. 82 FR 36830. This notice proposed the 2018 aggregate production quotas for each basic class of controlled substance listed in schedules I and II and the 2018 assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. All interested persons were invited to comment on or object to the proposed aggregate production quotas and the proposed assessment of annual needs on or before September 6, 2017. Comments Received Within the public comment period, the DEA received seventeen comments from three DEA-registered manufacturers regarding sixteen different schedule I and II controlled substances and one comment from a DEA-registered manufacturer regarding the proposed assessment of annual needs for the list I chemical phenylpropanolamine (for conversion). Commenters stated the proposed aggregate production quotas for 4anilino-n-phenethyl-4-piperadine (ANPP), amphetamine (for conversion), codeine (for sale), diphenoxylate, fentanyl, gamma hydroxybutyric acid, hydrocodone (for sale), lisdexamfetamine, methadone, methadone-intermediate, methylphenidate, morphine (for conversion), morphine (for sale), oxycodone (for sale), oxymorphone (for sale), sufentanil, as well as the proposed assessment of annual needs for phenylpropanolamine (for conversion), were insufficient to provide for the estimated medical, scientific, research, and industrial needs of the United States, export requirements, and the establishment and maintenance of reserve stocks. These comments were considered in setting the final 2018 Aggregate Production Quotas as discussed below. In addition to these seventeen comments, the DEA received one comment from a DEA-registered manufacturer seeking clarification on whether DEA considers manufacturing PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 51873 at outsourcing facilities when determining the Aggregate Production Quotas. The DEA notes that it is the responsibility of all DEA-registered dosage form manufacturers to submit quota applications by April 1, in order for their individual business practices to be considered when the DEA proposes the Aggregate Production Quota for the following year. 21 CFR 1303.12(b). These quota applications and comments with discrete data regarding the quantities of the basic classes of schedule I or II controlled substances received during the comment period for the proposed Aggregate Production Quotas are taken into consideration before establishing the values presented in this Final Order. This DEA-registered manufacturer provided no quantitative data supporting the position that the proposed quota for 2018 will adversely impact outsourcing facilities for DEA to consider. The DEA also received one hundred five comments that expressed concern that DEA’s proposed reduction of opioids by twenty percent would adversely impact the availability of pain relieving prescription drugs for people with chronic pain. These comments were general in nature, and raised issues of specific medical illnesses and medical treatment, and therefore are outside of the scope of this Final Order for 2018. As a result, these one hundred and six comments did not provide new discrete data for consideration, and do not impact the original analysis involved in establishing the 2018 aggregate production quotas. Determination of 2018 Aggregate Production Quotas and Assessment of Annual Needs In determining the 2018 aggregate production quotas and assessment of annual needs, the DEA has taken into consideration the above comments along with the factors set forth in 21 CFR 1303.11 and 21 CFR 1315.11, in accordance with 21 U.S.C. 826(a), and other relevant factors, including the 2017 manufacturing quotas, current 2017 sales and inventories, anticipated 2018 export requirements, industrial use, additional applications for 2018 quotas, as well as information on research and product development requirements. Based on all of the above, the Administrator is adjusting the 2018 aggregate production quotas for 2-(4bromo-2,5-dimethoxyphenyl)-n-(2methoxybenzyl) ethanamine, 3,4,5trimethoxy amphetamine, 4-bromo-2,5dimethoxy-amphetamine, acryl fentanyl, alfentanil, amobarbital, methylphenidate, and nabilone, are warranted. Adjustment to the proposed assessment of annual needs for E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51872-51873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24323]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1081]


Certain LED Lighting Devices, LED Power Supplies, 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 21, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Philips 
Lighting North America Corp. of Somerset, New Jersey and Philips 
Lighting Holding B.V. of the Netherlands. Supplements to the complaint 
were filed on October 6 and 30, 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 LED lighting devices, LED power supplies, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 6,586,890 (``the '890 patent''); U.S. Patent No. 7,038,399 
(``the '399 patent''); U.S. Patent No. 7,256,554 (``the '554 patent''); 
U.S. Patent No. 7,262,559 (``the '559 patent''); and U.S. Patent No. 
8,070,328 (``the '328 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 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 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 November 2, 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 LED lighting 
devices, LED power supplies, and components thereof by reason of 
infringement of one or more of claims 14, 22, and 30 of the '890 
patent; claims 1, 2, 4, 5, 7, 8, 17-19, 34, 35, 47, 48, and 58-60 of 
the '399 patent; claims 1, 2, 5-7, 12, 46, 47, and 49-51 of the '554 
patent; claims 6 and 12 of the '559 patent; and claims 1, 2, 4, 7, and 
9 of the '328 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:

Philips Lighting North America Corp., 200 Franklin Square Drive, 
Somerset, NJ 08873.
Philips Lighting Holding B.V., High Tech Campus 45, Eindhoven, 5656 AE, 
Netherlands.
    (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:

Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660.
Edgewell Personal Care Brands, LLC, 6 Research Drive, Shelton, CT 
06484.
Feit Electric Company, Inc. (China), Zone B, 2/F, Xinyu Building, No. 
17 Huoju East Road, Huli District Xiamen, China.
Lowe's Companies, Inc., 1000 Lowe's Boulevard, Mooresville, NC 28117.
L G Sourcing, Inc., 1605 Curtis Bridge Road, North Wilkesboro, NC 
28659.
MSi Lighting, Inc., 622 Banyan Trail Suite 200, Boca Raton, FL 33431.
Satco Products, Inc., 110 Heartland Boulevard, Brentwood, NY 11717.
Topaz Lighting Corp., 925 Waverly Avenue, Holtsville, NY 11742.

    Wangs Alliance Corporation d/b/a WAC, Lighting Co., 44 Harbor Park 
Drive, Port Washington, NY 11050.
    WAC Lighting (Shanghai) Co. Ltd., No. 14, Lane 299, Bi Sheng Road, 
Zhang Jiang, Pu Dong District, Shanghai, China 201204.

    (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 the 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.


[[Page 51873]]


    Issued: November 3, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24323 Filed 11-7-17; 8:45 am]
 BILLING CODE 7020-02-P