Certain Self-Anchoring Beverage Containers; Institution of Investigation, 835-836 [2018-00104]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices importation of certain mobile electronic devices and radio frequency and processing components thereof by reason of infringement of one or more of claims 1, 7, 8, 10, 11, 17, and 18 of the ’356 patent; claim 4 of the ’336 patent; claims 1, 5–8, 12, 16–18, and 21–22 of the ’674 patent; claims 1–4, 7–9, 11, 17, 20–23, 31–33 and 36 of the ’002 patent; and claims 1–3, 10–12, 18, and 22–24 of the ’633 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 or other interested persons with respect to the public interest in his 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: Qualcomm Incorporated, 5775 Morehouse Drive, San Diego, CA 92121. (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: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014. (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 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 VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 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: January 3, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–00105 Filed 1–5–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1092] Certain Self-Anchoring Beverage Containers; 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 October 31, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Mighty Mug, Inc. of Rahway, New Jersey. An amended complaint was filed on December 1, 2017, on behalf of Alfay Designs, Inc., of Rahway, New Jersey, Mighty Mug, Inc., of Rahway, New Jersey, and Harry Zimmerman of Los Angeles, California. Supplements to the amended complaint were filed on December 4, 8, 19, and 22, 2017. The amended 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 selfanchoring beverage containers by reason of infringement of (1) certain claims of U.S. Patent No. 8,028,850 (‘‘the ’850 patent’’) and U.S. Patent No. 8,757,418 (‘‘the ’418 patent’’); and (2) U.S. Trademark Registration No. 4,191,803 (‘‘the ’803 trademark’’). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 835 general exclusion order and cease and desist orders. ADDRESSES: The amended 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: 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 amended complaint, the U.S. International Trade Commission, on January 2, 2018, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) 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 self-anchoring beverage containers by reason of infringement of one or more of claim 1 of the ’850 patent and claim 1 of the ’418 patent; and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(C) 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 self-anchoring beverage containers by reason of infringement of E:\FR\FM\08JAN1.SGM 08JAN1 836 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices the ’803 trademark; and whether an industry in the United States exists or is in the process of being established 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: Alfay Designs, Inc., 665 Martin Street, Rahway, NJ 07065. Mighty Mug, Inc., 665 Martin Street, Rahway, NJ 07065. Harry Zimmerman, 310 Comstock Avenue, Los Angeles, CA 90024. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Telebrands, Corp., One Telebrands Plaza, Fairfield, NJ 07004. HIRALIY, Room 1306, Easter Tower, Poly World Trade Center Pazhou, No. 1000 Xingang Dong Road, Haizhu District, Guangzhou, Guangdong Province, China. Chekue, Shenzhen Chekue Trading Co. Ltd., Shenzhen, Guangdong Province, 518131 China. Tapcet, Guangzhou Tinghui Trade Co., Ltd., Guangzhou, Tianhe, Longdong W Street, Guangdong Province, China. OUOH, Zhejiang OUOH Houseware Co., Ltd., No. 1278–1308 Wanxiang Road, Wanquan Town, Wenzhou, Zhejiang Province, 325204 China. DevBattles, 3rd Floor, Street Cardinala Josepha Slipogo, 7, Ternopil, Ukraine, 46000. OTELAS, MB, Panevezio g.7–19, LT– 92316, Klaipeda, Lithuania. Artiart Limited, 8F–4, No. 412, SEC5, Chung Hsiao East Road, Taipei, Taiwan. (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 amended 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended 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: January 3, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–00104 Filed 1–5–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Registration ACTION: Notice of registration. Registrants listed below have applied for and been granted registration by-the Drug Enforcement Administration as importers of various classes of schedule I or II controlled substances. SUMMARY: The companies listed below applied to be registered as importers of various basic classes of controlled substances. Information on previously published notices is listed in the table below. No comments or objections were submitted and no requests for hearing were submitted for these notices. SUPPLEMENTARY INFORMATION: FR Docket Published Galephar Pharmaceutical Research, Inc ......................................................................................................... Rhodes Technologies ...................................................................................................................................... Anderson Brecon, Inc ...................................................................................................................................... sradovich on DSK3GMQ082PROD with NOTICES Company 82 FR 49663 82 FR 51298 82 FR 52941 October 26, 2017. November 3, 2017. November 15, 2017. The Drug Enforcement Administration (DEA) has considered the factors in 21 U.S.C. 823, 952(a) and 958(a) and determined that the registration of the listed registrants to import the applicable basic classes of schedule I or II controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated each company’s maintenance of effective controls against diversion by inspecting and testing each company’s physical security systems, verifying each company’s compliance with state and VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 local laws, and reviewing each company’s background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the DEA has granted a registration as an importer for schedule I or II controlled substances to the above listed persons. Dated: December 29, 2017. Neil D. Doherty, Deputy Assistant Administrator. [FR Doc. 2018–00118 Filed 1–5–18; 8:45 am] BILLING CODE 4410–09–P PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Ocean Sciences; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Foundation (NSF) announces the following meeting: Name and Committee Code: Proposal Review Panel for Ocean Sciences (#10752)—C–DEBI, University of Southern California (Site Visit). Date And Time: January 29, 2018; 8:00 a.m.–9:00 p.m. January 30, 2018; 8:00 a.m.–4:00 p.m. Place: C–DEBI, University of Southern California, Los Angeles, CA 90089. E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 835-836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00104]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1092]


Certain Self-Anchoring Beverage Containers; 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 October 31, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Mighty Mug, 
Inc. of Rahway, New Jersey. An amended complaint was filed on December 
1, 2017, on behalf of Alfay Designs, Inc., of Rahway, New Jersey, 
Mighty Mug, Inc., of Rahway, New Jersey, and Harry Zimmerman of Los 
Angeles, California. Supplements to the amended complaint were filed on 
December 4, 8, 19, and 22, 2017. The amended 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 self-anchoring beverage containers by reason of 
infringement of (1) certain claims of U.S. Patent No. 8,028,850 (``the 
'850 patent'') and U.S. Patent No. 8,757,418 (``the '418 patent''); and 
(2) U.S. Trademark Registration No. 4,191,803 (``the '803 trademark''). 
The amended complaint further alleges that an industry in the United 
States exists or is in the process of being established as required by 
the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order and cease and desist orders.

ADDRESSES: The amended 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: 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 amended complaint, 
the U.S. International Trade Commission, on January 2, 2018, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 self-anchoring beverage containers by reason of infringement of 
one or more of claim 1 of the '850 patent and claim 1 of the '418 
patent; and whether an industry in the United States exists or is in 
the process of being established as required by subsection (a)(2) of 
section 337;
    (b) whether there is a violation of subsection (a)(1)(C) 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 self-anchoring beverage containers by reason of infringement of

[[Page 836]]

the '803 trademark; and whether an industry in the United States exists 
or is in the process of being established 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:

Alfay Designs, Inc., 665 Martin Street, Rahway, NJ 07065.
Mighty Mug, Inc., 665 Martin Street, Rahway, NJ 07065.
Harry Zimmerman, 310 Comstock Avenue, Los Angeles, CA 90024.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Telebrands, Corp., One Telebrands Plaza, Fairfield, NJ 07004.
HIRALIY, Room 1306, Easter Tower, Poly World Trade Center Pazhou, No. 
1000 Xingang Dong Road, Haizhu District, Guangzhou, Guangdong Province, 
China.
Chekue, Shenzhen Chekue Trading Co. Ltd., Shenzhen, Guangdong Province, 
518131 China.
Tapcet, Guangzhou Tinghui Trade Co., Ltd., Guangzhou, Tianhe, Longdong 
W Street, Guangdong Province, China.
OUOH, Zhejiang OUOH Houseware Co., Ltd., No. 1278-1308 Wanxiang Road, 
Wanquan Town, Wenzhou, Zhejiang Province, 325204 China.
DevBattles, 3rd Floor, Street Cardinala Josepha Slipogo, 7, Ternopil, 
Ukraine, 46000.
OTELAS, MB, Panevezio g.7-19, LT-92316, Klaipeda, Lithuania.
Artiart Limited, 8F-4, No. 412, SEC5, Chung Hsiao East Road, Taipei, 
Taiwan.

    (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 amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: January 3, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-00104 Filed 1-5-18; 8:45 am]
 BILLING CODE 7020-02-P