Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding, To Rescind the Remedial Orders, and To Terminate the Rescission Proceeding, 64599-64600 [2018-27193]

Download as PDF Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of Israel.2 3 amozie on DSK3GDR082PROD with NOTICES1 Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. 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 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 the investigations. Background On October 24, 2018, US Magnesium LLC, Salt Lake City, Utah, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured and threatened with material injury by reason of subsidized imports of magnesium from Israel and LTFV imports of magnesium from Israel. Accordingly, effective October 24, 2018, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701–TA–614 (Preliminary) and antidumping duty investigation No. 731–TA–1431 (Preliminary). Notice of the institution of the Commission’s investigations and of a 2 Magnesium from Israel: Initiation of Less-ThanFair-Value Investigation 83 FR 58533, (November 20, 2018); and Magnesium from Israel: Initiation of Countervailing Duty Investigation 83 FR 58529 (November 20, 2018). 3 Commissioner Meredith M. Broadbent dissenting. VerDate Sep<11>2014 19:17 Dec 14, 2018 Jkt 247001 public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of October 31, 2018 (83 FR 54778).4 The conference was held in Washington, DC, on November 14, 2018, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on December 11, 2018. The views of the Commission are contained in USITC Publication 4860 (December 2018), entitled Magnesium from Israel: Investigation Nos. 701–TA– 614 and 731–TA–1431 (Preliminary). By order of the Commission. Issued: December 11, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27184 Filed 12–14–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–989 (Rescission Proceeding)] Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding, To Rescind the Remedial Orders, and To Terminate the Rescission Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘the Commission’’) has determined to institute a rescission proceeding, to rescind a limited exclusion order and two cease-anddesist orders, and to terminate the rescission proceeding. FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–2382. Copies of non-confidential SUMMARY: 4 Due to the federal government’s closure on December 5, 2018 as a mark of respect for George Herbert Walker Bush, these investigations conducted under authority of Title VII of the Tariff Act of 1930 accordingly have been tolled pursuant to 19 U.S.C. 1671a(b)(2), 1673d(b)(2). PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 64599 documents filed in connection with this investigation are or will be 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, Washington, DC 20436, telephone 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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone 202–205–1810. SUPPLEMENTARY INFORMATION: On March 14, 2016, the Commission instituted the original investigation based on a Complaint filed by Nautilus Hyosung Inc. (now Hyosung TNS Inc.) of Seoul, Republic of Korea, and Nautilus Hyosung America Inc. of Irving, Texas (collectively, ‘‘Complainants’’). The Notice of Investigation named Diebold Nixdorf, Incorporated, and Diebold SelfService Systems, both of North Canton, Ohio (collectively, ‘‘Respondents’’) as Respondents. The Complaint alleged Respondents were violating section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by importing into the United States, selling for importation, or selling within the United States after importation certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more of claims 1– 3, 6, 8, and 9 (‘‘the asserted claims’’) of U.S. Patent No. 8,523,235 (‘‘the ’235 patent’’). The Office of Unfair Import Investigations (‘‘OUII’’) was not named as a party. On July 14, 2017, the Commission found Respondents in violation of section 337 with respect to the asserted claims of the ’235 patent, and issued a limited exclusion order and two ceaseand-desist orders with respect to the asserted claims (‘‘the remedial orders’’). Respondents appealed the Commission’s determination to the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). On August 15, 2018, the Federal Circuit issued an opinion finding the asserted claims of the ’235 patent invalid for indefiniteness pursuant to 35 U.S.C. 112(6), and reversing the Commission’s determination that Respondents violated section 337. Diebold Nixdorf, Inc. v. International Trade Comm’n, Appeal No. 2017–2553, 899 F.3d 1291 (Fed. Cir. 2018). The mandate issued on November 9, 2018. E:\FR\FM\17DEN1.SGM 17DEN1 64600 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices On November 13, 2018, Respondents petitioned the Commission to rescind the remedial orders based on the Federal Circuit ruling that the asserted claims are invalid. On November 23, 2018, Complainants opposed the petition, and argued that the Commission should instead reopen the record for further evidence on indefiniteness. Also on November 13, 2018, Complainants moved to reopen the record for the limited purpose of admitting evidence relating to indefiniteness. On November 23, 2018, Respondents opposed the motion, arguing that the Federal Circuit invalidity ruling is binding on the Commission. Respondents also argued Complainants should have to show cause why they should not be sanctioned for a frivolous filing. On November 29, 2018, Complainants moved for leave to file a reply in support of their motion. Having considered the petition and response, the Commission has determined to institute a rescission proceeding, and finds that the Federal Circuit’s ruling that the asserted claims are invalid is a changed circumstance that warrants rescinding the remedial orders. The Commission therefore has determined to rescind the remedial orders. In light of the Commission’s determination to rescind the remedial orders, the Commission has also determined to deny as moot Complainants’ motion to reopen the record. The Commission also denies Respondents’ request for sanctions, and denies Complainants’ motion for leave to file a reply. The rescission proceeding is hereby terminated. 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). amozie on DSK3GDR082PROD with NOTICES1 By order of the Commission. Issued: December 11, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–27193 Filed 12–14–18; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 19:17 Dec 14, 2018 Jkt 247001 DEPARTMENT OF JUSTICE [OMB Number 1105–0030] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of and Renewal of Previously Approved Collection; Comments Requested; Electronic Applications for the Attorney General’s Honors Program and the Summer Law Intern Program Office of Attorney Recruitment and Management, Department of Justice. ACTION: 60-day notice. AGENCY: The Department of Justice (DOJ), Justice Management Division, Office of Attorney Recruitment and Management (OARM), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: The Department of Justice encourages public comment and will accept input until February 15, 2019. FOR FURTHER INFORMATION CONTACT: If you have additional comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Deana Willis, Assistant Director, Office of Attorney Recruitment and Management, 450 5th Street NW, Suite 10200, Washington, DC 20530; Deana.Willis@usdoj.gov; (202) 514– 8902. SUMMARY: Written comments and/or suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Office of Attorney Recruitment and Management, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Evaluate whether, and if so, how, the quality, utility, and clarity of the information to be collected can be enhanced; and (4) Minimize the burden of the collection of information on those who are to respond, including through the SUPPLEMENTARY INFORMATION: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection 1. Type of information collection: Revision and Renewal of a Currently Approved Collection. 2. The title of the form/collection: Electronic Applications for the Attorney General’s Honors Program and Summer Law Intern Program. 3. The agency form number, if any, and the applicable component of the department sponsoring the collection: There is no agency form number for this collection. The applicable component within the Department of Justice is the Office of Attorney Recruitment and Management, Justice Management Division, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Other: None. The application form is submitted voluntarily, once a year, by law students and recent law school graduates (e.g., judicial law clerks) who will be in this applicant pool only once. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 3500 respondents will complete the application in approximately 1 hour per application. It is further estimated that it takes an average of an additional 45 minutes to review the instructions, search existing data sources, gather the data needed, and complete and review the application. In addition, an estimated 600 respondents (Honors Program candidates selected for interviews) will complete a Travel Survey used to schedule interviews and prepare official travel authorizations prior to the interviewees’ performing pre-employment interview travel (as defined by 41 CFR Sec. 301–1.3), as needed, in approximately 10 minutes per form, plus an estimated 400 respondents who will complete a Reimbursement Form (if applicable) in order for the Department to prepare the travel vouchers required to reimburse candidates for authorized costs they incurred during pre-employment interview travel at approximately 10 minutes per form. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated revised total annual public burden associated with this application is 6292 hours. E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64599-64600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27193]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-989 (Rescission Proceeding)]


Certain Automated Teller Machines, ATM Modules, Components 
Thereof, and Products Containing the Same; Commission Determination To 
Institute a Rescission Proceeding, To Rescind the Remedial Orders, and 
To Terminate the Rescission Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined to institute a 
rescission proceeding, to rescind a limited exclusion order and two 
cease-and-desist orders, and to terminate the rescission proceeding.

FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2382. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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, Washington, DC 20436, 
telephone 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. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: On March 14, 2016, the Commission instituted 
the original investigation based on a Complaint filed by Nautilus 
Hyosung Inc. (now Hyosung TNS Inc.) of Seoul, Republic of Korea, and 
Nautilus Hyosung America Inc. of Irving, Texas (collectively, 
``Complainants''). The Notice of Investigation named Diebold Nixdorf, 
Incorporated, and Diebold Self-Service Systems, both of North Canton, 
Ohio (collectively, ``Respondents'') as Respondents. The Complaint 
alleged Respondents were violating section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, by importing into the United States, 
selling for importation, or selling within the United States after 
importation certain automated teller machines, ATM modules, components 
thereof, and products containing same that infringe one or more of 
claims 1-3, 6, 8, and 9 (``the asserted claims'') of U.S. Patent No. 
8,523,235 (``the '235 patent''). The Office of Unfair Import 
Investigations (``OUII'') was not named as a party.
    On July 14, 2017, the Commission found Respondents in violation of 
section 337 with respect to the asserted claims of the '235 patent, and 
issued a limited exclusion order and two cease-and-desist orders with 
respect to the asserted claims (``the remedial orders''). Respondents 
appealed the Commission's determination to the U.S. Court of Appeals 
for the Federal Circuit (``Federal Circuit'').
    On August 15, 2018, the Federal Circuit issued an opinion finding 
the asserted claims of the '235 patent invalid for indefiniteness 
pursuant to 35 U.S.C. 112(6), and reversing the Commission's 
determination that Respondents violated section 337. Diebold Nixdorf, 
Inc. v. International Trade Comm'n, Appeal No. 2017-2553, 899 F.3d 1291 
(Fed. Cir. 2018). The mandate issued on November 9, 2018.

[[Page 64600]]

    On November 13, 2018, Respondents petitioned the Commission to 
rescind the remedial orders based on the Federal Circuit ruling that 
the asserted claims are invalid. On November 23, 2018, Complainants 
opposed the petition, and argued that the Commission should instead 
reopen the record for further evidence on indefiniteness.
    Also on November 13, 2018, Complainants moved to reopen the record 
for the limited purpose of admitting evidence relating to 
indefiniteness. On November 23, 2018, Respondents opposed the motion, 
arguing that the Federal Circuit invalidity ruling is binding on the 
Commission. Respondents also argued Complainants should have to show 
cause why they should not be sanctioned for a frivolous filing. On 
November 29, 2018, Complainants moved for leave to file a reply in 
support of their motion.
    Having considered the petition and response, the Commission has 
determined to institute a rescission proceeding, and finds that the 
Federal Circuit's ruling that the asserted claims are invalid is a 
changed circumstance that warrants rescinding the remedial orders. The 
Commission therefore has determined to rescind the remedial orders.
    In light of the Commission's determination to rescind the remedial 
orders, the Commission has also determined to deny as moot 
Complainants' motion to reopen the record. The Commission also denies 
Respondents' request for sanctions, and denies Complainants' motion for 
leave to file a reply. The rescission proceeding is hereby terminated.
    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: December 11, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27193 Filed 12-14-18; 8:45 am]
 BILLING CODE 7020-02-P